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
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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
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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.)