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HomeMy WebLinkAboutState Center Community College District PD- Memorandum of Understanding 10.12.2022MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE CENTER COMMUNITY COLLEGE DISTRICT POLICE DEPARTMENT L CITY OF FRESNO POLICE DEPARTMENT REGARDING LAW ENFORCEMENT OPERATIONS AT STATE CENTER COMMUNITY COLLEGE DISTRICT CAMPUSES AND CENTERS LOCATED IN THE CITY OF FRESNO The State Center Community College District (SCCCD) Police Department desires to have a professional relationship with the law enforcement agencies with jurisdiction adjacent to its college campuses, centers, and properties. Because of its limited size, expertise, and resources, the State Center Community College Police Department must look to agencies with adjoining jurisdiction for assistance. This memorandum aims to establish roles for both agencies in providing mutual aid law enforcement services to the SCCCD campuses, centers, properties, in the City of Fresno Police Department jurisdictions. Additionally, the MOU will establish operational responsibility for investigating Part-1 violent crimes between SCCCD PD and the Fresno Police Department (Fresno PD), complying with Education Code section 67381. 1. This MOU applies to the following SCCCD sites in City of Fresno ("SCCCD Sites"): District Office 1171 Fulton Street, Fresno, CA 93721 Fresno City College 1101 E. University Avenue, Fresno, CA 93741 Career & Technology Center 2930 E. Annadale Avenue, Fresno, CA 93725 Clovis Community College 10309 N Willow Avenue, Fresno, CA 93730 Future West Fresno Career Technical 600 E. Church Avenue, Fresno, CA 93706 Center 2. The term of this MOU is July 1, 2022, through June 30, 2027. This MOU is effective when the last party signs the MOU. This MOU may be terminated by either party upon 60 days' written notice. 3. All costs incurred in the performance of all duties and obligations under this MOU will be the responsibility of the party incurring those costs. This MOU does not create any obligations to provide funding or reimbursement to any party. Memorandum of Understanding Regarding Law Enforcement Operations at SCCCD District office, Fresno City College, Career & Technology Center, Clovis Community College, & Future West Fresno Career Technical Center. PAGE 1 4. The State Center Community College District Police Department is responsible for primary patrol, crime prevention, criminal investigation, and requests for law enforcement services at all SCCCD Sites. SCCCD officers have longer response times to high -priority calls for service due to travel distances between various locations. During these emergency calls for service, SCCCD requests that the Fresno PD assist the District by being the primary responding agency at SCCCD Sites. Emergency calls for service involve in -progress felony crimes, medical emergencies, and natural and man-made disasters. SCCCD police officers will respond to these calls assuming primary responsibility for handling the report and follow-up investigation upon arrival. 5. SCCCD PD has the personnel and the expertise to maintain primary authority over most Part-1 Offenses, sexual assaults, and hate crimes occurring on SCCCD Sites that do not involve death or the threat of death. Officers can handle most cases but reach limitations when the crime involves extreme violence requiring hospitalization or a complex investigation. SCCCD requests Fresno PD's assistance in investigating complex Part-1 Offenses that involve robbery, criminal homicides, sexual assaults, aggravated assaults, etc., with a high probability of developing into a criminal homicide investigation. SCCCD PD also requests assistance with In - Custody Deaths and Officer -Involved Shootings (OIS) Investigations. SCCCD PD will assist in the above investigations as directed by the Fresno PD. 6. The State Center Community College Police Department will forward copies of all criminal reports occurring in the City of Fresno upon request. Additionally, the SCCCD PD will deliver to Fresno PD any information regarding crime trends or patterns in the immediate area of SCCCD campuses, centers, and properties located in the City of Fresno. SCCCD PD will request from Fresno PD crime statistics that occur adjacent to SCCCD sites in order to adhere to the Clery Act (20 U.S.C. § 1092(f)). 7. The State Center Community College Police Department has communications interoperability with Fresno PD's public safety radio network. SCCCD PD Officers will communicate with Fresno PD personnel on the Fresno PD's primary radio channel in emergencies and mutual aid situations. 8. When in City of Fresno in areas under Fresno PD's jurisdiction, State Center Community District Police Officers will monitor the Fresno PD's primary radio channel and will be available to assist Fresno PD's personnel in the general area of SCCCD Sites. 9. This MOU supersedes all other agreements, oral and written, between the parties on the subjects covered in this MOU. This MOU may be amended only in writing signed by all parties. Memorandum of Understanding Regarding Law Enforcement Operations at SCCCD District Office, Fresno City College, Career & Technology Center, Clovis Community College, & Future West Fresno Career Technical Center. PAGE 2 10. Each party shall hold harmless, defend, and indemnify the other party from and against any and all liabilities, claims, lawsuits, damages, and allegations of the same that result from the intentional action or negligence of their employees with carrying out any of the responsibilities' or obligations contemplated in this agreement. Nothing herein shall constitute a waiver by Fresno PD or SCCCD of governmental immunities including California Government Code section 810 et seq. In the event of concurrent negligence on the part of Fresno PD or any of its officers, officials, employees, agents, or volunteers, and SCCCD or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter. This section shall survive termination or expiration of this Agreement. 11. All notices to be served under this MOU shall be addressed as follows: Chief of Police SCCCD 1940 N. Calaveras St. Fresno, CA 93704 Chief of Police City of Fresno Police Department 2323 Mariposa Street Fresno, CA 93721 Memorandum of Understanding Regarding Law Enforcement Operations at SCCCD District Office, Fresno City College, Career & Technology Center, Clovis Community College, & Future West Fresno Career Technical Center. PAGE 3 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. STATE CENTER COMMUNITY COLLEGE DISTRICT Christine Miktarian, Vice -Chancellor of Operations FRESNO,F'QLICE DEPARTMENT :0 To Balderrama, of Police APPROVED AS TO FORM: RINA M. GONZALES Interim ' At rney By: 10�i zz don M. allet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk _ s Date Memorandum of Understanding Regarding Law Enforcement Operations at SCCCD District Office, Fresno City College, Career & Technology Center, Clovis Community College, & Future West Fresno Career Technical Center. PAGE 4 9/6/22, 11:45 AM �ByoardDocs® Policy: BP 3100 Organizational Structure 5Y STATE CENTER CP.IO COMMUNITY COLLEGE DISTRICT C.ry Collep� R-dley Callepa V-1 i_Cmm — Collep- �_d_ C.— y Call— Modoro Cemmunry Collage of pokM1u•ar Book Board Policies Section Chapter 3 General Institution Title Local Law Enforcement Code BP 3520 Status Active Adopted October 5, 2004 Local Law Enforcement Each campus and center of the district shall enter into a written agreement with local law enforcement agencies. The agreement shall clarify operational responsibilities for investigations of Part I violent crimes, defined by law as willful homicide, forcible rape, robbery, and aggravated assault, occurring at each location. The written agreement shall designate which law enforcement agency shall have operational responsibility for violent crimes and delineate the specific geographical boundaries of each agency's operational responsibility, including maps as necessary. The written agreements required by this policy shall be public records and shall be made available for inspection by members of the public upon request. See Administrative Regulation 3520 Reference: Education Code Section 67381 Adopted by the Governing Board: October 5, 2004 https://go.boarddocs.com/ca/scccd/Board.nsf/goto?open&id=AHXJT94E83CD# 1!1 ate., drP"Z OI CALi"0r.lq AUTHENTICATED ELECTRONIC LEGAL MATERIAL State of California EDUCATION CODE Section 67381 67381. (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 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, sexual assaults, and hate 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 of the governing entities specified in subdivision (b) 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, sexual assault, and hate crime, and delineate the specific geographical boundaries of each agency's operational responsibility, including maps as necessary. (e) A written agreement entered into pursuant to this section shall be reviewed, updated if necessary, and made available for public viewing by July 1, 2016, and every five years thereafter. (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) "Hate crime" means any offense described in Section 422.55 of the Penal Code. (4) "Sexual assault" includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these. (5) "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. 0) 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 law enforcement agencies and local law enforcement agencies. (Amended by Stats. 2015, Ch. 701, Sec. 1. (AB 913) Effective January 1, 2016.)