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OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION
From: Michael A Billdt, Ollef of Police
Subject: Resolution of the Mayor and
Common Council authorizing the execution
of a Memorandum of Understanding between
the Gty of San Bernardino and its Police
Department and the California Highway
Patrol for assistance with major crimes.
Dept: Police Department
Date: March 10,2008
MIce Date: Apri17, 2008
Synopsis of Previous Council Action
None on this subject
Recommended Motion:
Adopt Resolution.
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Frank L. Mankin, Assistant Chief of Police
Contact person: Sergeant Brian Tully
Supporting data attached: Yes
FUNDING REQUIREMENTS: None
Phone: (909) 384-5604
Ward: All
Finance
Council Notes:
Agenda Item No. ')..D
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
C Staff Report
SUBJECT:
Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of
Understanding between the City of San Bernardino and its Police Department and the California
Highway Patrol for assistance with major crimes at State buildings.
BACKGROUND:
In the past the San Bernardino Police Department has assisted the California Highway Patrol in
select crimes which have occurred on State Property. This memorandum of understanding is
made in order to define the respective roles, responsibilities, and authorities of the San
Bernardino Police Department and the California Highway Patrol. This memorandum is to
address that the California Highway Patrol is responsible for investigating all criminal activities,
traffic collisions, and vehicle code violations occurring on State property. All crimes on State
property within the San Bernardino Police Department's jurisdiction are of no exception.
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There are approximately 32 State building currently operating within the San Bernardino Police
Department's jurisdiction. The California Highway Patrol is responsible for all crimes that occur
on State Property. It is the California Highway Patrol's intent to remain the primary law
enforcement agency responsible for investigating crimes that occur at State facilities, within the
San Bernardino City limits.
The California Highway Patrol requests assistance from the San Bernardino Police Department
for a select group of crimes that may occur in the future on State property which include
Homicide, Sexual Assault and Hostage Situations that may occur in the future on State Property.
The San Bernardino Police Department agrees to investigate all Homicides, Sexual Assaults and
Hostage Situations to conclusion with the assistance of the California Highway Patrol, as
requested. The California Highway Patrol would be the secondary law enforcement agency
involving Homicide, Sexual Assault and Hostage Situations. If for whatever reason the San
Bernardino Police Department could not immediately respond to the above crimes, the California
Highway Patrol would respond and secure the crime scene, and maintain the integrity of the
crime scene area until the San Bernardino Police Department could arrive and properly assume
the investigation. If the San Bernardino Police Department could not respond to investigate the
requested crime(s), the California Highway Patrol would become the primary investigating
agency and assume all responsibility of investigating the crime(s) to conclusion.
FINANCIAL IMPACT
None
RECOMMENDATION
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"'-' Adopt resolution
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND ITS
POLICE DEPARTMENT AND CALIFORNIA mGHWAY PATROL FOR
ASSISTANCE WITH MAJOR CRIMES AT STATE BUILDINGS.
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
authorize the City Manager to execute on behalf of the City, the Memorandum of
Understanding between the City of San Bernardino and the California Highway Patrol, a copy
of which is attached hereto, marked as Exhibit A and incorporated herein by this reference.
SECTION 2: The authorization to execute the above referenced Memorandum of
Understanding is rescinded if it is not executed within sixty (60) days of the passage of this
Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND ITS
POLICE DEPARTMENT AND CALIFORNIA mGHWAY PATROL FOR
ASSISTANCE WITH MAJOR CRIMES AT STATE BUILDINGS.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof,
held on the
day of
, 2008, by the following vote, to wit:
ABSTAIN
ABSENT
NAYS
AYES
Council Members
ESTRADA
BAXTER
13 BRINKER
14
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this _ day of
,2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
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MEMORANDUM OF UNDERSTANDING
TO:
FROM:
THE CITY OF SAN BERNARDINO.
CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA.
SUBJECT:
STATE BUILDING ASSISTANCE WITH MAJOR CRIMES.
DATE:
3/10/2008.
INTENT OF THIS AGREEMENT:
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This memorandum of understanding supersedes and replaces all previous
agreements between the parties. This memorandum of understanding is made
in order to define the respective roles, responsibilities, and authorities of The
San Bernardino Police Department and The California Highway Patrol. This
memorandum is to address that The California Highway Patrol is responsible
for investigating all criminal activities, traffic collisions, and vehicle code
violations occurring on State property. All crimes on State property within The
San Bernardino Police Departments jurisdiction are of no exception.
There are approximately 32 State buildings currently operating within The San
Bernardino Police Department's jurisdiction. The California Highway Patrol is
responsible for all crimes that occur on State Property. It is the California
Highway Patrols intent to remain the primary law enforcement agency
responsible for investigating crimes that occur at State facilities, within the San
Bernardino City limits.
The California Highway Patrol requests assistance from the San Bernardino
Police Department for a select group of crimes that may occur in the future on
State Property. The crimes are as follows:
1. Homicide.
2. Sexual Assault.
3. Hostage Situations.
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The San Bernardino Police Department agrees to investigate all Homicides,
Sexual Assaults and Hostage Situations to conclusion, with the assistance of
The California Highway Patrol, as requested.
Any amendments of this agreement will be made in writing and signed by each
agency. It will be agreed that both agencies will meet annually for a review of
this document.
The California Highway Patrol would be the secondary law enforcement
agency involving Homicide, Sexual Assault or Hostage Situations. If for
whatever reason The San Bernardino Police Department could not immediately
respond to the above listed crimes, The California Highway Patrol would
respond and secure the crime scene, and maintain the integrity of the crime
scene area until The San Bernardino Police Department could arrive and
properly assume the investigation. If The San Bernardino Police Department
could not respond to investigate the requested crime(s), The California
Highway Patrol would become the primary investigating agency and assume all
responsibility for investigating the crime( s) to conclusion.
TERMINATION OF THIS AGREEMENT:
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Either party terminating this agreement, must give thirty days notice in writing
for the termination to be effective. Both parties agree by signature' to the
memorandum of understanding between both allied agencies.
The City of San Bernardino
Date
California Highway Patrol, San Bernardino Area
Date
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APp:~ed as to Form by James F. Penman, City Attorney Date:5 /) I ~ r
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