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HomeMy WebLinkAboutC33990A-C - Law Enfrcmnt Rspnsbilities MOU67381. (a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses. (b) The governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus. (c) Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses located in the jurisdictions of the local law enforcement agencies. (d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency's operational responsibility, including maps as necessary. (e) Written agreements entered into pursuant to this section shall be in place and available for public viewing by July 1, 1999. Each of the entities identified in subdivision (b) shall transmit a copy of each written agreement it has entered into pursuant to this section, and any other information it deems pertinent to its implementation of this section, to the Legislative Analyst on or before September 1, 1999. (f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement. (g) Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law. (h) Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses. (i) As used in this section, the following terms have the following meanings: (1) "Local law enforcement agencies" means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located. (2) "Part 1 violent crimes" means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. (3) "Independent postsecondary institutions" means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b) of Section 830.7 of the Penal Code. (j) This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998. (k) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus CITY OF PALM DESERT CITY MANAGER'S OFFICE STAFF REPORT SUBJECT: PROPOSED LAW ENFORCEMENT RESPONSIBILITIES MEMORANDUM OF UNDERSTANDING AGREEMENTS BETWEEN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, CALIFORNIA STATE UNIVERSITY SAN BERNARDINO, COLLEGE OF THE DESERT, & UNIVERSITY OF CALIFORNIA, RIVERSIDE. SUBMITTED BY: Stephen Y. Aryan, Risk Manager DATE: November 13, 2014 ATTACHMENTS: MOU Agreements & Education Code Section 67381 Recommendation By Minute Motion: 1. APPROVE a Law Enforcement Responsibilities Memorandum of Understanding (MOU) Between the City of Palm Desert, County of Riverside, and California State University, San Bernardino. Contract r1o. C33990A 2. APPROVE t a Law Enforcement Responsibilities Memorandum of Understanding (MOU) Between the City of Palm Desert, County of Riverside, and University of California, Riverside. contract rto. c339908 3. APPROVE a Law Enforcement Responsibilities Memorandum of Understanding (MOU) Between the con oaPal N �c33�pounty of Riverside, and College of the Desert. Commission Recommendation The Palm Desert Public Safety Commission is schetluled to review this item on November 12, 2014, and the University Planning and Development Committee on November 7, 2014, after this report was prepared. Staff can provide an oral update on these advisory bodies' recommendation upon request. Backqround The California Education Code outlines that campus law enforcement agencies have the primary authority for providing police or security services. Furthermore, public and independent postsecondary institutions are required to enter into written agreements with local law enforcement agencies, which clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus. Law Enforcement Responsibilities MOU Contract rto. C33990A November 13, 2014 Contract rto. C33990B P1ge 2 Of 2 Contract No. C33990C Part 1 violent crimes mean willful homicide, forcible rape, robbery, and aggravated assault. Local law enforcement agencies are also required to enter into written agreements with campus law enforcement agencies if there are college or university campuses located in the jurisdictions of the local law enforcement agencies. There are currently three college campus sites located in the City of Palm Desert: (1) College of the Desert (COD); (2) California State University, San Bernardino's Palm Desert Campus (CSUSB-PDC); and (3) The University of California, Riverside's Palm Desert Campus (UCR). While these campuses have security personnel, there are no dedicated police departments at any of the three sites. The three MOU documents with these agencies expired last months and need to be renewed. These MOU agreements designate the Palm Desert Police Department as having principle law enforcement jurisdiction at each campus. However, any pre-planned events at CSUSB- PDC and UCR (i.e. demonstrations, concerts, special events) that require an increase law enforcement presence will be staffed by University Police Personnel. COD currently does not have any sworn college police officers assigned to the campus at this time. The term of the agreements are for a period of five years and either party may terminate the contract upon thirty(30) days advance notice. Fiscal Impact The cost recovery portion of the contract is currently set at $0.00 for this contract period. However, the City has the option, via the termination clause, to renegotiate the cost recovery fee if future statistics indicate such a measure is necessary. The Police Department's current response to these locations is minimal. Submitted By: CITYCOUNCIL��TION APPROVED DENiF.D RECEIVED OTHER Steph n Y. an, Risk M nager MEET C A ' ��- , AYES ' Review d By: � NOES: ABSENT: ABSTAIN: VERIFIED BY: P I S. Gibson, Director of Finance Original on File with City e k's Office Approved By: - , � JqNn M. Wohlmuth, City Manager � G:ICITYMGRISTEPHEN ARYAMAGENDA REPORTSILAW ENFORCEMENT RESPONSIB/LITIES MOU1201�L4W ENFORCEMENT RESPONSIBILI7/ES MOU-CC.DOC Contract No. C33990A LAW ENFORCEMENT RESPONSIBILITIES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of Califomia, on behalf of the Riverside County Sheriff's Department, hereinafter referred to as "Sheriff' or "Palm Desert Police Department", the CITY OF PALM DESERT, a Charter City, the CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, hereinafter referred to as "CSUSB", CSUSB includes: the CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, PALM DESERT CAMPUS, hereinafter referred to as "CSUSB-PDC", and the CALIF�RNIA STATE UNIVERSITY, SAN BERNARDINO UNIVERSITY POLICE DEPARTMENT. PURPOSE: This Police Services Memorandum of Understanding is written pursuant to, and in compliance with, Califomia Education Code Section 67381. This section outlines that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses. The Education Code mandates that the Trustees of the Califomia State University shall adopt rules requiring each campus to enter. The Education Code also mandates local law enforcement agencies to enter into written agreements with campus law enforcement agencies if there are college or university campuses located in the jurisdictions of local law enforcement agencies. This agreement serves to satisfy Education Code requirements for the CSUSB and CSUSB-PDC, the city of Palm Desert, the CSUSB University Police Department and the Sheriff, which provides law enforcement services under contract to the City of Palm Desert. STATEMENT OF SERVICES PROVIDED: The Palm Desert Police Department, served by the Sheriff's Department, shall continue to serve as the primary law enforcement agency, having principle law enforcement jurisdiction at CSUSB-PDC. The Palm Desert Police Department is requested to also provide police services to the CSUSB-PDC, as part of the DepartmenYs patrol of the City of Palm Desert. All law enforcement matters, including Part I violent crimes, shall be reported to the Palm Desert Police Department. The Palm Desert Police Department is also requested to provide additional law enforcement services to CSUSB-PDC, including investigations, traffic enforcement, and crime reporting. In addition, Palm Desert Police Department is requested to provide to CSUSB University Police Department copies of all police reports and documentation, prepared by the Palm Desert Police Department in conjunction with incidents occurring at CSUSB-PDC. Contract No. C33990A CSUSB is required by state and federal law to report criminal statistics in and around university property. Therefore, the Palm Desert Police Department is requested to provide an annual crime report to CSUSB University Police Department to ensure that the University is in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The Palm Desert Police Department has established a crime reporting district of #38G1 for CSUSB-PDC to facilitate record management. The CSUSB University Police Department will make periodic visits to the Palm Desert Campus and may, under special circumstances such as during special events, provide officers to service those events. When such services are being provided, the CSUSB University Police Department will notify the Palm Desert Police Department of their presence. All pre-planned events, such as political demonstrations, lectures, seminars, concerts or other special events, which require a law enforcement or police presence, will be staffed by CSUSB University Police Department personnel. Parking officers who are employed by CSUSB and assigned to the Palm Desert Campus will patrol the Palm Desert Campus and will report any incidents of crime to the Palm Desert Police Department. NOTICES: Any notices required or desired to be served by one of these parties upon the others shall be addressed to the respective parties as set forth befow: Riverside County Sheriff's Department City of Palm Desert Palm Desert Police Department 73-510 Fred Warning Drive 73-520 Fred Waring Drive Palm Desert, California, 92260 Palm Desert, Califomia, 92260 ATTN: John M. Wohlmuth, City Manager ATTN: Captain Kevin Vest California State University, California State University, San Bernardino, Palm Desert Campus San Bernardino Campus 37500 Cook Street 5500 University Parkway Palm Desert, CA 92211 San Bernardino, CA 92407-2318 ATTN: Dr. Sharon Brown-Welty, Dean ATTN: Robert Gardner, Vice President for Administration and Finance California State University, San Bernardino University Police Department 5500 University Parkway San Bernardino, CA 92407-2318 ATTN: Jimmie Brown, Chief of Police Contract No. C33990A ENTIRE AGREEMENT: This agreement supersedes any prior Memorandum of Understanding between the CSUS6, CSUSB-PDC, the University Police Department, the City of Palm Desert and the Riverside County Sheriff's Department. Any modification of this MOU shall be effective only if it is in writing and signed by all parties. TERM: The term of this agreement shall remain in effect for a period of five (5) years, or until terminated by either party, after giving written notification 30 days in advance of the intended date of termination. CITY OF PALM DESERT COST RECOVERY The annual cost recovery fee implemented by the City of Palm Desert to provide law enforcement responsibilities for CSUSB shall be $0.00 for this contract period. Contract No. C33990A SIGNATURE PAGE Mr. John M. Wohlmuth, City Manager Date City of Palm Desert Captain Susan Trevino, Chief of Police Date Riverside County Sheriff's Department Palm Desert Station Mr. Jimmie Brown, Chief of Police Date University Police Department California State University, San Bernardino Dr. Sharon Brown-Welty, Dean Date California State University, San Bemardino Palm Desert Campus Mr. Robert Gardner Date Vice President for Administration and Finance California State University, San Bernardino Contract No. C33990B UNIVERSITY OF CALIFORNIA, RIVERSIDE P�•` Y � .1�' 1 z' BERKELEY . DAVIS IRVINE lOS ANGELES . MERCED . RfVERSIOE SAN DIEGO SAN FRANCISCO �? � SANTA BARBPRA SANTA CRUZ W �'... � 1 • � > q��'ER�'IVF PaKe DePatrn,�rir RIVERSIDE,CA 92521 Te�: (951)827-5222 LAW ENFORCEMENT RESPONSIBILITIES MEMORANDUM OF UNDERSTANDING This Police Services Memorandum of Understanding ("MOU") is entered into by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside Counry SherifYs Departrnent, hereinafter referred to as "Sheriff" or "Palm Desert Police Department", the CITY OF PALM DESERT, a Charter City, and the REGENTS OF THE UNIVERSITY OF CALIFORNIA,via its Riverside campus, hereinafter referred to as"UCR.". PURPOSE: This Police Services MOU is written pursuant to, and in compliance with, California Education Code Section 67381. This section outlines that campus law enforcement agencies have the primary authority for providing police or securiry senrices, including the investigation of criminal activity, to their campuses. The Education Code mandates that the Regents of the University of California shall adopt rules requiring each campus to enter into a written agreement with local law enforcement agencies. The Education Code also mandates local law enforcement agencies to enter into written agreements with campus law enforcement agencies if there are college or university campuses located in the jurisdictions of local law enforcement agencies. This MOU serves to sa6sfy Education Code requirements for UCR and UCR Palm Desert, the City of Palm Desert, the UCR Police Department and the Riverside County Sheriff's Department,which provides law enforcement services under contract to the Ciry of Palm Desert. STATEMENT OF SERVICES PROVIDED: The Palm Desert Police Department, served by the Riverside County Sheriffs Department, shall con6nue to serve as the primary law enforcement agency, having principle law enforcement jurisdiction at the UCR Palm Desert location("UCR Palm Desert"). The Palm Desert Police Department is requested to also provide police services to UCR Palm Desert, as part of the DepartmenYs patrol of the City of Palm Desert. All law enforcement matters, including Part I violent crimes, shall be reported to the Palm Desert Police Departrnent. The Palm Desert Police Department is also requested to provide additional law enforcement services to UCR Palm Desert, including investigations, traffic enforcement, and crime reporting. In addition, Palm Desert Police Department is requested to provide to UCR Police Department copies of all police reports and documentation, prepared by the Palm Desert Police Department in conjunction with incidents occurring at UCR Palm Desert. UCR is required by state and federal law to report criminal statistics in and around university property. Therefore, the Palm Desert Police Department is requested to provide an annual crime report to UCR Police Departrnent to ensure that the University is in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The Palm Desert Police Department has established a crime reporting district of#38G1 for UCR Palm Desert to facilitate record management. The UCR Police Department will make periodic visits to UCR Palm Desert Campus and may, under special circumstances such as during special events, provide officers to service those events. When such services are being provided, the UCR Police Department will notify the Palm Desert Police Department of their presence. All pre-planned events, such as political demonstrations, lectures, seminars, concerts or other special events, which require a law enforcement or police presence, will be staffed by UCR Police Department personnel. Parking officer(s) who are employed by UCR and assigned to UCR Palm Desert will patrol UCR Palm Desert and will report any incidents of crime to the Palm Desert Police Department Contract No. C33990B NOTICES: Any notices required or desired to be served by one of these parties upon the others shall be addressed to the respective parties as set forth below: Riverside County Sheriff s Department City of Palm Desert Palm Desert Police Department 73-510 Fred Warning Drive 73-520 Fred Waring Drive Palm Desert, California,92260 Palm Desert, California, 92260 ATTN:John M. Wohlmuth, City Manager ATTN:Captain Kevin Vesf University of Califomia, Riverside University of California, Riverside Palm Desert Center 900 UniversityAvenue 75-080 Frank Sinatra Drive Riverside, CA 92521 Palm Desert, CA 92211 ATTN:Kim A. �Icox, Chancellor ATTN: Tamara Hedges, Executive Director University of California, Riverside Police Department 3500 Canyon Crest Drive Riverside, CA 92521 ATTN:Michael Lane, Chief of Police ENTIRE AGREEMENT: This agreement supersedes any prior Memorandum of Understanding between UCR, UCR Police Departrnent, the City of Palm Dese�t and the Riverside County Sheriff's Depa�tment. Any mod�cation of this MOU shall be effective only if it is in writing and signed by all parties. TERM: The term of this agreement shall remain in effect for a period of five (5) years, or until terminated by either party, after giving written notification 30 days in advance of the intended date of termination. CITI(OF PALM DESERT COST RECOVERY The annual cost recovery fee implemented by the City of Palm Desert to provide law enforcement responsibilities for UCR Palm Desert shall be$0.00 for this contract period. Contract No. C33990B SIGNATURE PAGE Mr.John M.Wohlmuth,City Manager Date City Manager City of Palm Desert Captain Susan Trevino,Chief of Police Date Riverside County Sheriff's Department Palm Desert Station REGENTS OF THE UNIVERSITY OF CALIFORNIA Kim A.Wiicox,Chancellor Date University of California, Riverside Contract No. C33990C LAW ENFORCEMENT RESPONSIBILITIES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside Sheriff's Department, hereinafter referred to as "Sheriff' or "Palm Desert Police DepartmenY', the CITY OF PALM DESERT, a Charter City, and the COLLEGE OF THE DESERT, a college within the Desert Community College District. PURPOSE: This Police Services Memorandum of Understanding is written pursuant to, and in compliance with, California Education Code Section 67381. This section outlines that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses. The Education Code mandates that the governing board of each community college district shall adopt rules requiring each campus to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus. The Education Code also mandates local law enforcement agencies to enter into written agreements with campus law enforcement agencies if there are college or university campuses located in the jurisdictions of local law enforcement agencies. This agreement serves to satisfy Education Code requirements for the College of the Desert, the City of Palm Desert and the Riverside County Sheriff's Department, which provides law enforcement services under contract to the City of Palm Desert. The College of the Desert, Palm Desert Campus, will not have swom officers assigned to the campus at this time. However, the college head of security will serve as liaison to the campus community, Sheriff and all security elements working at the campus. STATEMENT OF SERVICES PROVIDED: The Palm Desert Police Department, served by the Sheriff's Department, shall continue to serve as the primary law enforcement agency, having principle law enforcement jurisdiction at the Palm Desert campus. All matters conceming crime reporting, especially Part I violent crimes, follow-up investigations, traffic enforcement, etc. shall be managed by the Palm Desert Police Department. In addition, the Palm Desert Police Department is respectfully requested to continue to assist College of the Desert in crime reporting. The Palm Desert Police will continue, as is required by state and federal law, to report criminal statistics in and around college property: example: Jeanne Clery Campus Safety Report. The Palm Desert Police Department has established a crime reporting district of#36Q3 for College of the Desert to facilitate record management. College of the Desert would require a report annually upon request. Contract No. C33990C NOTICES: Any notices required or desired to be se►ved by one of these parties upon the others shall be addressed to the respective parties as set forth below: Riverside County Sheriffs Department City of Palm Desert Palm Desert Police Department 73-510 Fred Warning Drive 73-520 Fred Waring Drive Palm Desert, California, 92260 Palm Desert, California, 92260 ATTN: John M. Wohlmuth, City Manager ATTN: Captain Kevin Vest College of the Desert Palm Desert Campus 43-500 Monterey Avenue Palm Desert, Califomia, 92260 ATTN: Joel L. Kinnamon, Ed.D., President or to such other addresses as from time to time may be designated by the respective parties. ENTIRE AGREEMENT: This agreement supersedes any prior Memorandum of Understanding between the College of the Desert, the City of Palm Desert and the Riverside County Sheriff's Department. Any modification of this MOU shall be effective only if it is in writing and signed by all parties. TERM: The term of this agreement shall remain in effect for a period of five (5) years, or until terminated by either party, after giving written notification 30 days in advance of the intended date of termination. CITY OF PALM DESERT COST RECOVERY The annual cost recovery fee implemented by the City of Palm Desert to provide law enforcement responsibilities for College of the Desert shall be $0.00 for this contract period. Contract No. C33990C SIGNATURE PAGE Mr. John M. Wohlmuth, City Manager Date City Manager City of Palm Desert Captain Susan Trevino, Chief of Police Date Riverside County Sheriff's Department Palm Desert Station Joel L. Kinnamon, Ed.D., President Date College of the Desert