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HomeMy WebLinkAbout07-21-2015 B2 Law Enforcement MOU - City and Cal PolyCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Chris Staley, Acting Chief of Police SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO AND THE CALIFORNIA POLYTECHNIC STATE UNIVERSITY POLICE DEPARTMENTS RECOMMENDATION Approve the Memorandum of Understanding between the City of San Luis Obispo and the Cal Poly Police Departments. DISCUSSION The City of San Luis Obispo and the San Luis Obispo Police Department have had an excellent professional working relationship with the Cal Poly Police Department for many years. Both departments have worked closely together addressing issues in the community. During this time there has been no formal agreement between the City and Cal Poly regarding law enforcement response and addressing crimes surrounding the Cal Poly Campus. The Memorandum of Understanding that has been created establishes that formal agreement and clarifies responsibilities on and off campus. This MOU would provide the Cal Poly Police Department the authority to issue citations for City Municipal Code violations in the City within a one mile radius of the Cal Poly campus. The City and the Police Department have been working to mitigate the impacts in the neighborhoods surrounding Cal Poly that have a high percentage of rentals and student-aged residents. Part of these efforts has been discussed during the Neighborhood Civility Working Group meetings that have taken place over the last two years. One of the ideas that came from this group was to allow Cal Poly Police Department Officers to be more active in the areas surrounding the Cal Poly campus. To make this more practical, it was recognized that Cal Poly Officers would need the ability to enforce City of San Luis Obispo Municipal Code violations. The thought was that they could be more proactive in the neighborhoods surrounding the Cal Poly Campus and help to address the issues that are commonly observed. Many of the offenses that occur in these areas are not covered by State law, but only through the local Municipal Code. Violations in the areas of Noise Control, Possession of Open Container of Alcohol, Unruly Gatherings, and Underage Person being provided alcohol are common in the neighborhoods surrounding the Cal Poly Campus. At this time, Cal Poly Officers have no mechanism to enforce in these areas. With this agreement, it would allow for Cal Poly Officers to enforce these violations making them much more beneficial in combating these problems surrounding the Cal Poly Campus. Both departments began research into existing MOUs between municipalities and universities such as Santa Barbara County and UCSB, Kent Ohio and Ohio State at Kent, and Chico State and the City of Chico. With the assistance of the City Attorney’s office, a Memorandum of July 21, 2015 B2 B2 - 1 Cal Poly/City MOU (Law Enforcement) Page 2 Understanding was created based, in part, on these other MOU’s. The goal of this MOU is to enhance the Public Safety in the neighborhoods surrounding the Cal Poly Campus by allowing Cal Poly Officers the ability to enforce the City’s Municipal Code. Implementation The San Luis Obispo Police Department has developed a procedure with the City Attorney’s Office and Cal Poly Police to process these violations. The following are the items have been identified and are ready for implementation: • Outreach and education for community • Training for Cal Poly Officers on appropriate use of the Municipal Code • Process for handling citations written by Cal Poly Officers and Appeal Hearings Additional patrols by UPD have been underway for some time. Implementation of the enforcement provisions of the MOU will begin upon acceptance by City Council. CONCURRENCES The City Attorney concurs with the decision to formalize the MOU between the Cal Poly Police Department and the City of San Luis Obispo. The MOU has also been reviewed and concurred to by the UPD and Cal Poly Campus Counsel. FISCAL IMPACT The fiscal impact of this Agreement would consist of prosecution of the Municipal Code violations by the City Attorney’s office. This would require additional staff time both preparing the cases and prosecuting them in court. It is anticipated that this would be accomplished within existing code enforcement and temporary staffing resources available within the City Attorney’s Office budget. If this is not the case when the full scope of cases is realized staff will make an assessment of the needed resources and return to council at the appropriate budget time. Another potential impact may be in the area of liability claims however there are mutual indemnity clauses in the MOU that should address these situations to the maximum extent feasible. ALTERNATIVES Do not accept this Memorandum of Agreement and do not allow the Cal Poly Police Department to enforce San Luis Obispo Municipal Code violations. ATTACHMENTS Memorandum of Understanding Inter-Agency Agreement & Mutual Aid. T:\Council Agenda Reports\2015\2015-07-21\Cal Poly SLO MOU\CAR Cal Poly MOU.docx B2 - 2 Memorandum of Understanding Inter-Agency Agreement & Mutual Aid THIS MEMORANDUM OF UNDERSTANDING is entered into by and between the City of San Luis Obispo Police Department (SLOPD) and the California Polytechnic State University (Cal Poly), San Luis Obispo Police Department (UPD). PURPOSE It is the desire of the parties to jointly enhance public safety within the City of San Luis Obispo and the California Polytechnic State University and to provide definitive operational guidelines for SLOPD and UPD, in those instances and areas in which the two share concurrent jurisdiction within the one mile radius surrounding the Cal Poly campus and in the City of San Luis Obispo (Appendix A). NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein the parties agree as follows: AUTHORITY 1. The San Luis Obispo Police Department (SLOPD), under section 830.1 of the California Penal Code, has legal authority to exercise peace officer powers throughout the City. For the purposes of this Agreement the primary jurisdiction of the San Luis Obispo police officers shall be all property located within the City of San Luis Obispo. 2. The University Police Department (UPD), under Section 830.2 of the California Penal Code, has legal authority to exercise peace officer powers throughout the State provided that primary duties shall be the enforcement of laws upon the State University campus and in an area within one mile of the exterior boundaries of the campus consistent with Section 89560 of the California Education Code. For the purposes of this Agreement, the primary jurisdiction of UPD officers shall be all property owned or leased by Cal Poly, and shared concurrent jurisdiction with SLOPD for purposes of certain Municipal Code enforcement within one mile of the exterior campus boundaries extending into the City of San Luis Obispo. 3. In addition to that authority otherwise granted by State law, the City and with consent of the SLOPD by and through its Chief of Police, grant- authority to UPD peace officers to enforce the City of San Luis Obispo Municipal Code for the following enumerated Chapters, in the same manner as such provisions would be enforceable by SLOPD: a. Municipal Code Chapter 9.04: Possession of Open Containers or Consumption of Alcoholic Beverages in Public Places ATTACHMENT 1 B2 - 3 SLOPD and UPD Memorandum of Understanding 2 b. Municipal Code 9.05: Underage Persons and Alcohol c. Municipal Code 9.12: Noise Control d. Municipal Code 9.13: Unruly Gatherings e. Municipal Code 9.20: Miscellaneous Prohibitions SCOPE OF SERVICES OPERATIONAL RESPONSIBILITY 4. Notwithstanding this MOU, in their respective areas of operational responsibility, each department shall be responsible for the prevention of crime, the preservation of peace and order, the enforcement of laws and ordinances, the investigation, reporting and accounting for criminal offenses, and for providing such other police services as the regulations or orders the respective departments may require. Nothing herein shall be construed to alter the responsibility of the agency with operational responsibility to submit reports required by law to the Bureau of Criminal Statistics (BCS) and to one another upon request, as they pertain to joint enforcement. 5. Notwithstanding this MOU, UPD’s primary patrol and operational priority is upon the properties owned and operated by Cal Poly. To enhance public safety, the UPD, when on campus Cal Poly service expectations allow, will proactively patrol both the campus and residential areas within one mile of the exterior boundaries of the campus and take the appropriate law enforcement actions as needed. 6. Nothing in the MOU shall be interpreted to expand SLOPD’s primary patrol and operational responsibility and priority beyond the properties within the City of San Luis Obispo. PATROL RESPONSE 7. When on-campus Cal Poly service expectations allow, when one of the enumerated Municipal Code violations discussed above are observed by UPD during the proactive patrol of neighborhoods within the one mile exterior campus boundaries of Cal Poly, UPD peace officers may issue a charging document. 8. When an officer observes a non-emergency situation requiring police attention in the other areas of operational responsibility, they may take the appropriate law enforcement action and shall make every effort to notify the other agency. When confronted by an emergency in the other's area that, in the officer's opinion, requires immediate action, such action will be taken and the other department notified at the first opportunity. 9. Calls for an emergency or life threatening matters may be responded to by the agency that initially receives the call, with referral to any agency having primary jurisdiction at the first opportunity. When officers from both agencies are at the scene of an emergency, the agency ATTACHMENT 1 B2 - 4 SLOPD and UPD Memorandum of Understanding 3 with primary jurisdiction will have full authority and responsibility for the police operations at the scene. The senior officer from the agency with such jurisdiction will be in command of all the police officers from both jurisdictions. CALLS FOR ASSISTANCE AND MUTUAL AID 10. In cases where assistance, including emergency assistance, is required by either agency the requested agency shall, except as set forth herein, provide such assistance. Requests for assistance will normally be made through the communications center of either agency, although other arrangements may be made as appropriate to the incident. 11. The authority to request assistance from the other agency and the authority to grant such requests is delegated by the San Luis Obispo Chief of Police and by the University Chief of Police to their on-duty watch commanders or supervisors. In extremely urgent and/or life- threatening situations when there is not sufficient time to contact the watch commanders, officers from either agency may respond immediately to urgent calls for assistance from officers of the other agency. 12. Personnel responding to a call for assistance will report to the highest-ranking officer from the requesting agency at the scene of the incident. In all emergency situations, officers from the responding agency will assist as directed by the ranking officer on scene from the requesting agency. Officers from the responding agency will be under the immediate command of their own supervisors on scene but such supervisors will be under the direct supervision and command of the ranking officer on scene from the requesting agency. 13. Press releases and media management will be the responsibility of the requesting agency in whose jurisdiction and emergency the incident has occurred. Either party shall be excused from responding in the event that the requested party's emergency equipment and personnel is needed within the requested party's primary jurisdiction, the determination of which is within the sole discretion of the requested party. INVESTIGATIONS 14. Cases initiated by either agency which require subsequent investigation within the primary jurisdiction of the other agency will be retained by the initial agency. 15. It will be the policy of UPD to notify SLOPD when officers are conducting an investigation within the City and to request that a SLOPD Police Officer assist the investigating officer if such assistance is appropriate. ATTACHMENT 1 B2 - 5 SLOPD and UPD Memorandum of Understanding 4 16. It will be the policy of SLOPD to notify UPD when officers are conducting an investigation within or upon property owned or leased by Cal Poly and to request that a UPD Police Officer assist the investigating officer if such assistance is appropriate. INFORMATION EXCHANGE 17. University Police will provide the San Luis Obispo Police Department with information that may reasonably be expected to impact the City. The San Luis Obispo Police Department will provide University Police with information that may reasonably be expected to impact Cal Poly. 18. The criteria to be used to determine information exchange is: whether any reasonable indication exists that the persons involved or implicated in an incident may reside in, traverse through, or commit further criminal acts in the primary jurisdiction of the other. TRAINING 19. Training of staff is necessary to meet the requirements of laws and regulations, maintain standards and proficiency, and to improve efficiency. Because of these ongoing requirements, both agencies employ personnel with subject matter expertise in a number of policing and safety related areas. Due to the proximity of jurisdictions and interrelatedness of responsibilities a high level of professional interaction regularly occurs between personnel from both agencies. It is essential that each agency understands the others procedures, operations, and tactics related to public safety. 20. Therefore it is recognized that members of each agency may, with departmental approval, participate in authorized training offered by either agency. Qualified and designated members of each department may act as trainers and/or participants in joint training sessions or exercises. COSTS 21. Each party agrees that for each call occurring within its primary jurisdiction, for which the other responds as provided herein, that each will reasonably pursue any and all legal reimbursement possible, pursuant to state or federal laws, including but not limited to reimbursement for hazardous materials incidents occurring within its primary jurisdiction, on behalf of all parties responding, and receipt of full or partial payment by the responsible entity, will distribute the reimbursement received in a fair and equitable manner to all parties based on their relative documented expenses for the involved incident. ATTACHMENT 1 B2 - 6 SLOPD and UPD Memorandum of Understanding 5 EMPLOYEE STATUS/ INDEMNITY PROVISIONS 22. Nothing contained in this agreement, and no performance under this agreement by personnel of the parties hereto shall in any respect alter or modify the status of officers, agents, or employees of the respective parties for purposes of worker’s compensation or their benefits or entitlements, pension, levels or types of training, internal discipline, certification, or rank procedures, methods, or categories, or for any purpose or condition of employment. 23. Cal Poly shall indemnify, defend, and hold harmless the San Luis Obispo Police Department and its elective and appointive boards, officers, agents, employees, and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of UPD, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City of San Luis Obispo. 24. City of San Luis Obispo shall indemnify, defend, and hold harmless the University Police Department, the State of California, the Trustees of the California State University, the Chancellor, California State University Cal Poly and their employees, officers, directors, volunteers and agents of each of them from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of SLOPD, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of UPD. TERMINATION 25. Should conditions exist whereby either party deems it necessary and in the best interest of their organizations respectively, either party may terminate this agreement at any time with or without cause upon thirty (30) days written notice to the other party. GOVERNMENTAL CLAIMS 26. The parties agree that in the event any claim or suit is brought against either or both parties by any third party as a result of the operation of this agreement, both parties will cooperate with each other, and with the insuring entities of both parties, in defending such claim or suit. GOVERNING LAW AND VENUE 27. This agreement shall be governed by the laws of the State of California. Venue for any action arising under this agreement or for the enforcement of this agreement shall be in the SuperiorCourt for San Luis Obispo County, California. ATTACHMENT 1 B2 - 7 SLOPD and UPD Memorandum of Understanding 6 INTEGRATION AND AMENDMENT 28. This agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This agreement may be amended only by an instrument in writing signed by the parties. The undersigned parties have been designated as representatives for their respective organizations and are authorized as signatories to this Memorandum of Understanding between the City of San Luis Obispo Police Department and the California Polytechnic State University Police Department. SEVERABILITY 29. If any term, section or other provision of this agreement shall, for any reason, by held to be invalid or unenforceable the invalidity or unenforceability of such term, section, or other provision shall not affect any of the remaining provisions of this agreement if the remaining provisions can be enforced to carry out the general intent of this agreement. This Agreement is executed this _____________ day of _________________, 2015, in the City of San Luis Obispo, State of California. CITY OF SAN LUIS OBISPO CALIFORNIA POLYTECHNIC STATE UNIVERISTY SAN LUIS OBISPO By: _____________________________ By: ______________________________ _____________________________ ______________________________ Title: ____________________________ Title: _____________________________ ATTACHMENT 1 B2 - 8 Memorandum of Understanding Inter-Agency Agreement and Mutual Aid City of San Luis Obispo and the California Polytechnic Sate University Police Department Background Information During the Community Civility meetings over the past two years discussions began regarding the Cal Poly Police Department being granted the ability to enforce local Municipal Code violations Consider alternative to allow Cal Poly PD to be more proactive in neighborhoods surrounding the campus This would allow Cal Poly PD to have more connectivity with students committing violations off campus, which can lead to increased problems within the neighborhoods With the assistance of the City Attorney’s office, a Memorandum of Understanding was created to enhance the Public Safety in the neighborhoods surrounding the Cal Poly Campus Legal Authority The San Luis Obispo Police Department under California Law, has legal authority to exercise peace officer powers throughout the City of San Luis Obispo to include City Municipal Codes The University Police Department, under California Law, has legal authority to exercise peace officer powers throughout the State provided that primary duties shall be the enforcement of laws upon the State University campus and in an area within one mile of the exterior boundaries of the campus Purpose of MOU Jointly enhance public safety within the City of San Luis Obispo Provide definitive operational guidelines for SLOPD and UPD Identify the area in which SLOPD and UPD share concurrent jurisdiction within the one mile radius surrounding the Cal Poly campus and in the City of San Luis Obispo Municipal Codes Granted Authority to UPD Peace Officers Municipal Code Chapter 9.04: Possession of Open Containers or Consumption of Alcoholic Beverages in Public Places Municipal Code 9.05: Underage Persons and Alcohol Municipal Code 9.12: Noise Control Municipal Code 9.13: Unruly Gatherings Municipal Code 9.20: Miscellaneous Prohibitions Cal Poly Campus One Mile Radius Neighborhood Impacts Collaborative and Consistent Enforcement During… The Start of the School Year Halloween St. Patrick’s Day Weekend Enforcement University Sporting Events Questions?