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RESOLUTION NO. 2008-92
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 HIGHWAY 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Understanding is rescinded if it is not executed within sixty (60) days of the passage of this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 HIGHWAY 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 joint regular
meeting thereof,
, 2008, by the following vote, to wit:
held on the 7 th day of April
Council Members AYES
ESTRADA X
BAXTER X
X
BRINKER
DERRY X
KELLEY X
X
JOHNSON
McCAMMACK X
-
ABSTAIN ABSENT
NAYS
~~ ~AJ~~ h ~~
Rac el Clark, City Clerk
-r!
The foregoing resolution is hereby approved thistt ~ day of April ,2008.
Approved as to Form:
. .
2008-92
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:
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.
I . '.
2008-92
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:
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 ity of San Bernardino Date
~ (J~ --:t- :;--1- ocr
California Highway Patrol, San Bernardino Area Date
A pro ed as to Form by James F. Penman, City Attorney Date 5 /.1 I ~ r
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