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Home My WebLink About1998-078 1 ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12-15159-305 RESOLUTION NO. 98-78 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO SIGN THE ADDENDUM TO THE 7-21-97 MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT POLICE FURTHER CLARIFYING THE SCHOOL POLICE'S RESPONSIBILITY REGARDING EVENTS ON OR NEAR SCHOOL CAMPUSES IN THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby authorizes the Mayor of the City of San Bernardino to sign the addendum to the Memorandum of Understanding with the San Bernardino City Unified School District Police. A copy of which is attached hereto marked Exhibit 'A' and incorporated herein by reference as fully as though set forth at length. III III III III III III III III III III III III III III -1- 9.8 - 78 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12-15159-305 I HEREBY CERTIFY that the foregoing Resolution was duly .' Bernardino at a adopted by the Mayor and Common Council of the City of San 16th March joint regular meeting thereof, held on the , 1998, by the following vote, to wit: day of Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x ARIAS x SCHNETZ x DEVLIN x ANDERSON x MILLER x The foregoing Resolution of March , 1998. Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY~ 1- p~ LD:pgk [SBCUSDP.Res] ~u--c ,h. CLcuJv ci Clerk is hereby approved this / g/d.. day Valles, Mayor f San Bernardino -2- 98-78 ",-",I.,:/'If 'It" MEMORANDUM OF UNDERSTANDING (Addendum to MOU dated July 29, 1997) PURPOSE: The purpose of this agreement is to facilitate the timely exchange of information between law enforcement and School authorities on "police" operations which may adversely impact the safety of students or orderly campus administration. SCOPE: From time to time certain local law enforcement operations may occur within the proximity of occupied school campuses. When, in the judgment of police personnel responsible for such operations, there is a reasonable likelihood that activities may impact school operations and/or put at issue student safety, notice will be made consistent with the provisions of this agreement. Examples may include service of warrants, street closures, hazardous material spills, stakeouts, crime series information, etc. INITIAL NOTIFICATION: Initial notification will be made by the Police Department to the San Bernardino School Police. This notification will be made to the officer in charge or the Office of the Chief. The form of this notice may vary with the type of operation and timeliness required. When deemed appropriate by police operations personnel, an operational outline may be delivered to the School Police. Alternately, electronic messaging or telephonic notification may substitute. The exception to notification will be those few instances where confidentiality, operational security, or other attending exigencies, based on apprehension and/or security factors, foreclose advance notice. CONTENT OF NOTICE: The general nature of the operation, likelihood of duration, and possibility of campus disruption will be set forth in the notification. Specifics relative to intelligence, background, charges, and other case sensitive information will be disclosed onlv as deemed necessary by police operations personnel, and onlv as lawfully permitted. NOTIFICATION: Upon initial notification, School Police will have the responsibility for notifying the principal or vice-principal of the affected school, who will take the appropriate action to lessen any potential risk to staff or students, and minimize disruption. A. The Police Department will attempt to provide school officials with as much lead time as possible prior to the field operation. 98-78 B. The San Bernardino Unified School employees will maintain confidentiality of the police operation until completion or unless informed otherwise. C. The San Bernardino Police Department will advise the School Police upon completion of the field operation or when the potential risk to students is eliminated. The San Bernardino Police Department recognizes that the School District has year-round classes and school activities in th evening hours; therefore, the Police Department will notify the School Police between the hours of 0600 hours and 2400 hours, consistent with this agreement. MUTUAL INDEMNIFICATION CLAUSE: A. The City of San Bernardino shall defend, indemnify, and hold harmless the San Bernardino Unified School District, its officers, employees, and agents from and against any and all liability, loss, expense, attorneys' fees, or claims for injuries or damages arising out of the performance of this agreement, but only in proportion to, and to the extent such liability, loss, expense, attorneys' fees, or claims for injuries or damages are caused by or are the result of the negligent or intentional acts or omissions of the San Bernardino Police Department, its officers, agents or employees. B. The San Bernardino Unified School District shall defend, indemnify, and hold harmless the City of San Bernardino, its officers, employees, and agents from and against any and all liability, loss, expense, attorneys' fees, or claims for injuries or damage arising out of the performance of this agreement, but only in proportion to, and to the extent of, such liability, loss, expense, attorneys' fees, or claims for injuries or damages are caused by or are the result of the negligent or intentional acts or omissions of the San Bernardino Unified School District, its officers, agents, or employees. DURATION OF AGREEMENT: This MOU shall be in effect until canceled by either party. TERMINATION: Either party to this MOU may terminate this agreement at any time and for any reason. Written Notice of Termination shall be provided not less than ten days prior to the effective date of termination. NOTICES: All notices as required to be given by this MOU, or as may be given by either party to the other, shall be made in writing and shall be deemed to be effective when deposited in the United States 98-78 mail, certified with postage prepaid and addressed as herein provided. Notice of Termination shall require ten days advance notice as provided in the immediately preceding paragraph. Notice to San Bernardino Police Department: City of San Bernardino Police Department Attention: Chief of Police 710 North D Street San Bernardino, CA 92401 384-5607 Notice to San Bernardino Unified School District: San Bernardino Unified School District Attention: School Police Chief 536 West Baseline San Bernardino, CA 92410 388-6030 ENTIRE AGREEMENT: Any agreement reached or promises made which are not reflected in the written terms of this MOU shall be superseded by this MOU and shall have no effect on the terms of this MOU. MODIFICATION: No amendment of this MOU shall be made except by written agreement signed by duly authorized representatives of each party. COUNTERPARTS: This MOU may be executed in counterparts. ~ FOR THE CITY OF SAN BERNARDINO DATED V.). -1. ~ Judith Valles yor FOR SAN BERNARDINO UNIFIED SCHOOL DISTRICT DATED ~-I ~- '78 Q#-";1 ~U. I~J~ BY: V ITS: '98-78 . ArrncrlmLAlr A MEMORANDUM OF UNDERSTANDING Purpose Establish and maintain open lines of communication between the San Bernardino Police Department and San Bernardino City Unified School District Police Department as well as to acknowledge School Police's responsibility regarding events on or near (generally, within 1000') school campuses within the City of San Bernardino. Background By virtue of Section 39670 of the Education Code and 830.32 of the Penal Code, sworn members of the San Bernardino City Unified School District Police Department (School Police) are peace officers with authority/jurisdiction anywhere in the State of California in relation to the duties of their employment. Additionally, the School Police Department is approved by the California Commission of Peace Officers Standards' and Training (p.O.S.T.). The School Police Department complies with Department of Justice (0.0.1.) reporting guidelines for those crimes investigated by the Department. The San Bernardino City Unified School District's Board of Education established this police department to be the responding agency with respect to crimes occurring on property belonging to or adjacent to, or under the control of, the School District at any time of the day or night as well as: · Crimes committed by or against students of this District, having a nexus to school attendance or activity, occurring within the boundaries of the District during school hours. · Crimes committed by or against students of this District, occurring one hour before or one hour after normal school hours/activities, provided that the students are directly enroute to or from their residence or school of attendance. Communication Recognizing that the school district has year-round classes and evening activities, the San Bernardino Police Department will notify School Police of any high risk operations between the hours of 7:00 a.m. and 10:00 p.m. Specifically, the San Bernardino Police Department and the School Police agree to the following: · The San Bernardino Police Department will notify the School Police Department as soon as practical when they have a high risk (Known or reasonably suspected potential for serious injury) tactical police operation within a one block radius of a city school 98-78. campus. Consideration will be given to school children entering the tactical operation area, going to or coming from school. · The School Police Department has the responsibility for notifying the appropriate official at the affected school(s), who will take appropriate action to lessen any potential risk to staff and students. · School Police or any other school employees/administrators so notified will maintain the confidentiality of police operation until its completion or until otherwise notified. · The San Bernardino Police Department will advise the School Police upon completion of the operation, or when the potential risk to students is eliminated. · Recognizing that the School Police Department may have a contingent of police officers who could be on any school campus at any hour of the day or night, the San Bernardino Police Department will make a concerted effort to notify School Police before beginning any tactical operation at a school site or district property. Mutual Aid Officers of both police departments will provide mutual aid in all appropriate situations. Both agencies agree to exchange reports and information to facilitate investigations and other police functions. The School Police Department will normally conduct follow-up investigations on all incidents/crimes falling within their jurisdiction, to include: · Processing routine crime scenes · Arrest, transport, booking · Evidence collection, preservation, storage, etc. · Filing cases with the District Attorney's office and/or Probation Serious Crimes As the primary law enforcement agency within San Bernardino City, the San Bernardino Police Department will, upon notification from School Police, become the primary agency in the following crime/incident categories: . Child abuse . Rape 98-78 . Murder · Officer involved shootings · Other serious crimes/incidents as may later be mutually agreed upon This memorandum of understanding will remain in effect until or unless amended or terminated by either agency. ~OP~~ 7/.;2.9/97 Dale ~ ~- "-17 Date