HomeMy WebLinkAbout2016-155 RESOLUTION NO. 2016-155
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
2 BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM O
UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE CIT
3 OF FONTANA POLICE DEPARTMENT AND THE SAN BERNARDINO COUNT
DISTRICT ATTORNEY'S OFFICE FOR THE IMPLEMENTATION OF THE BUREAU
4 OF JUSTICE ASSISTANCE (BJA) BODY-WORN CAMERA PILO
IMPLEMENTATION PROGRAM GRANT
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City
8 Memorandum of Understanding (MOU) between the City of San Bernardino Police Department
9 and the City of Fontana Police Department, as grantee and sub-grantee respectively, and the San
10 Bernardino County District Attorney's Office for the BJA Body Worn Camera Project Gran
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being administered by the San Bernardino Police Department, a copy which is attached hereto
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marked as Exhibit "A" and incorporated herein by this reference as fully as though set forth a
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length;
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SECTION 2. The authorization to execute the above referenced MOU is rescinded if it
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16 is not fully executed within ninety (90) days of this Resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM O
2 UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE CIT
OF FONTANA POLICE DEPARTMENT AND THE SAN BERNARDINO COUNT
3 DISTRICT ATTORNEY'S OFFICE FOR THE IMPLEMENTATION OF THE BUREAU
OF JUSTICE ASSISTANCE (BJA) BODY-WORN CAMERA PILO
4 IMPLEMENTATION PROGRAM GRANT
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7 day of July, 2016, by the following vote, to wit:
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9 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
1 o MARQUEZ X
11 BARRIOS X
12 VALDIVIA _ X
SHORETT X
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NICKEL X
14 RICHARD X
15 MULVIHILL X
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17 George#n Hanna, C, City Clerk
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The foregoing Resolution is hereby approved this __- of July, 2016.
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21 R. Carey Davenardino ayor
City of San B
22 Approved as to form:
Gary D. Saenz, City Attorney
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24 By;
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2016-155
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY'S OFFICE, THE CITY
OF SAN BERNARDINO POLICE DEPARTMENT AND THE FONTANA POLICE
DEPARTMENT FOR THE IMPLEMENTATION OF A BODY WORN CAMERA PROGRAM
FOR EACH DEPARTMENT
This Memorandum of Understanding ("MOU") is entered into this 18th day of
July , 2016, dated for reference purposes only, by and between the San Bernardino
County District Attorney's Office ("SBCDA") and the San Bernardino Police Department
("SBPD"), working alongside the Fontana Police Department ("FPD). The agencies are
sometimes referred to herein individually as a "Party", and collectively as the "Agencies" or
"Parties". The purposes of this MOU are to establish a mechanism for the Parties to work
cooperatively to implement a Body Worn Camera program in the cities of San Bernardino and
Fontana and to use said program to develop and strengthen effective law enforcement and
prosecution strategies through the use of technology and best practices.
RECITALS
WHEREAS, the Agencies have a documented history of collaboration among
governmental and community agencies working to better the community by eradicating crime,
advocating for victims, and holding offenders accountable; and
WHEREAS, the use of body worn cameras ("BWC") by law enforcement has the
potential to demonstrate transparency to our community, to document evidence, and to deter
unprofessional, illegal, and inappropriate behaviors by both law enforcement and the public; and
WHEREAS, SBPD and FPD were jointly awarded a grant by the Department of Justice
("DOX)for the FY 2015 Body Worn Camera Policy and Implementation Program; and
WHEREAS, this program will ultimately serve as an integral tool to enhance the many
accomplishments the SBPD and FPD have already achieved by implementing community
policing strategies and improving police legitimacy and transparency; and
WHEREAS, this MOU demonstrates the Parties' cross-agency collaboration and
commitment to the successful implementation of a BWC Program in both jurisdictions.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section I. Roles and Responsibilities of the Parties
A. SBPD and FPD. SBPD and FPD will have sole responsibility for implementing
the proposed project. SBPD and FPD's missions are to promote the quality of life and the safety
of their citizens by providing police services with integrity and a spirit of excellence in
partnership with the community. Both agencies have assigned a BWC Program Manager to
oversee implementation of the program. Both agencies intend to commit personnel and
resources as necessary to a planned implementation model based on best practices guidance,
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as they establish relevant policies, determine system selection, and set retention specifications.
Both agencies are committed to implementing their BWC Programs using sound policy and
procedure as well as using a system that is the best overall value for the citizens of their
jurisdictions and that does not cause an undue burden on other parts of the criminal justice
system.
B. SBCDA. The main function of the SBCDA is to enforce the criminal laws of the
State of California by seeking justice on behalf of citizens of San Bernardino County. A primary
goal of the SBCDA is to achieve justice for the victim and the community by holding offenders
appropriately accountable for their conduct.
The SBCDA will consult and provide suggestions to SBPD and FPD as they establish
relevant policy, determine system selections, and set retention specifications. The specific
considerations of importance to the SBCDA in this program are as follows:
1. Recording protocols: when to activate and deactivate BWC, when recording is
required, discretionary, and prohibited
2. Data retention periods for evidentiary recorded data
3. Method of storage and tagging of evidentiary video
4. Method for documenting chain of custody and preserving integrity of the footage
5. Accessibility of the video to prosecutors and method for release of recordings as
discovery in criminal matters
6. Whether officer reviews recordings prior to writing reports and in the context of
ensuing investigations
7. The need to document the existence of the BWC footage in written reports as
well as when/why it was turned on/off
8. Importance of recordings not taking the place of a thorough investigation and
well-written reports
As requested, the SBCDA will assist SBPD and FPD in the review of training curriculum and by
providing training to officers related to the BWC Program.
Section II. Indemnity. The Parties are public agencies as defined by applicable law. To
the extent that liability may be imposed on the Parties by the provisions of Government Code
Section 895.2, as between the Parties, each Party shall be liable for its own acts or omissions,
including for all claims, liabilities, injuries, suits, and demands and expenses of all kinds which
may result or arise out of any alleged malfeasance or neglect, caused or alleged to have been
caused by the relevant Party or its employees or representatives in the performance or omission
of any act or responsibility of the relevant Party under this MOU. In the event that a claim is
made against the Parties it is the intent of the Parties to cooperate in the defense of said claim
and to cause their insurers to do likewise.
Section I11. Term. This MOU shall become effective on the date it is executed by all of the
Parties. This MOU will remain in effect until September 30, 2017 or upon completion of the
BWC Implementation Project, whichever is sooner, unless extended pursuant to Section IV or
terminated pursuant to Section VII herein.
Section IV. Extension of Term. This MOU may be extended at any time with the written
consent of both Parties. All extensions will be effectuated through written amendments to this
MOU which must be approved by the governing bodies of the Parties.
Section V. Third Party Beneficiaries. Nothing in the provisions of this MOU is intended to
create duties or obligations to, or rights in, third-parties not parties to this MOU, or affect the
legal liability of the Parties to this MOU by imposing any standard of care different from the
standard of care imposed by law.
Section VI. Waiver or Breach. The waiver of any breach of a term, provision, or
requirement of this MOU shall not be construed or deemed as waiver of any subsequent breach
of such term, provision, or requirement, or of any other term, provision, or requirement. The sole
and exclusive remedy for any breach of this MOU shall be termination, and none of the parties
shall be entitled to recover damages, costs, or attorney fees.
Section VII. Termination. This MOU will automatically terminate in the event that funding is
not provided through the Department of Justice ("DOX) 2015 Body Worn Camera Pilot
Implementation Program. Any party may terminate its participation in this MOU by providing
thirty (30) days prior written notice to the other Party. The MOU may be terminated if the
governing bodies of any two of thre Parties agree to do so in writing. In that event, the MOU will
be terminated thirty (30) days following the written notice of termination.
[Signature provisions on following page]
SIGNATURE PAGE
TO
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO POLICE DEPARTMENT AND THE FONTANA
POLICE DEPARTMENT FOR THE IMPLEMENTATION OF A BODY WORN CAMERA
PROGRAM FOR EACH DEPARTMENT
San Bernardino Police Departmen 3rtment
By:
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SIGNATURE PAGE
TO
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POLICE DEPARTMENT FOR THE IMPLEMENTATION OF A BODY WORN CAMERA
PROGRAM FOR EACH DEPARTMENT
San Bernardino Police Department Fontana Police Department
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