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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
~rom: Michael A. Billdt, Chief of Police Subject: Resolution of the Mayor and
Common Council authorizing the execution of
Dept: Police a Memorandum of Understanding between the
San Bernardino City Unified School District and
Date: September 4, 2007 the City of San Bernardino.
MCC Date: December 17, 2007
Synopsis of Previous Council Action:
July 21, 1997 Resolution # 97-231 ratifying a Memorandum of Understanding between the San
Bernardino City Unified School District and the City of San Bernardino was
approved.
Recommended Motion:
Adopt Resolution.
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cting Assistant Chief of Police
Contact Person: Walter Goggin, Acting Assistant Chief of Police Phone:
(909) 384-5610
Supporting data attached:
Yes
Ward: City Wide
Funding Requirements: None
Finance:
Council Notes:
Agenda Item No. d.. /
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
Resolution of the Mayor and Common Council authorizing the execution of a
Memorandum of Understanding between the San Bernardino City Unified School
District and the City of San Bernardino.
BACKGROUND
In July 1997, the Mayor and Common Council ratified a Memorandum of
Understanding (MOU) between the City of San Bernardino and the San Bernardino
City Unified School District. That MOU was to remain in effect until or unless amended
or terminated by either agency. The purpose of this agreement is to clarify the working
relationship and facilitate open lines of communication between the two agencies as
well as to acknowledge the San Bernardino City Unified School District's responsibility
regarding events on or near school campuses within the City of San Bernardino.
An addendum to the MOU was signed in April of 1998 by Mayor Valles and Chief
Underwood. In May of 2000, an "operational agreement" covering addition topics was
signed by Lieutenant Michael Kinsman and Chief Underwood.
C~ Both parties agree that these three documents should be combined into one and
updated as reflected in the proposed MOU. No material changes to the relationship or
respective roles of the parties are being made by this action.
FINANCIAL IMPACT
None.
RECOMMENDATIONS
Staff recommends that the City enter into the attached Memorandum of Understanding
with the San Bernardino City Unified School District.
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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 SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT AND 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 City Manager is hereby authorized to execute on behalf of
the City the Memorandum of Understanding between the San Bernardino City Unified School
District and the City of San Bernardino, a copy of which is attached hereto, marked as Exhibit
A, and incorporated herein by this reference.
12 SECTION 2. This agreement shall not take effect until fully signed and
13 executed by all parties. The City shall not be obligated hereunder unless and until the
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agreement is fully executed, and no oral agreement relating thereto shall be implied or
authorized.
SECTION 3.
The authorization granted hereunder shall expire and be void and
of no further effect if the Agreement is not executed by both parties and returned to the Office
of the City Clerk within sixty (60) days following the effective date of the resolution.
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SOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
ERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
2 NDERSTANDING BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL
ISTRICT AND THE CITY OF SAN BERNARDINO.
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meeting
, 2007 by the following vote, to wit:
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 ommon Council of the City of San Bernardino at a
6 hereof, held on the _ day of
7 OUNCIL MEMBERS
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NAYS
ABSTAIN ABSENT
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Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this _ day of
,2007.
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Patrick J. Morris, Mayor
City of San Bernardino
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Memorandum of Understanding
between the
San Bernardino City Unified School District
and the
City of San Bernardino
Exhibit "A"
Puroose
To clarify the working relationship and facilitate open lines of communication between the City
of San Bernardino (hereafter referred to as "City") and the San Bernardino City Unified School
District (hereafter referred to as "District") as well as to acknowledge the District's responsibility
regarding events on or near (generally within 1,000 feet of) school campuses within the City of
San Bernardino.
Background
By virtue of Education Code Section 39670 and Penal Code Section 830.32, sworn members of
the District's Police Department are peace officers with authority/jurisdiction anywhere in the
State of California in relation to the duties of their employment. Additionally, the District's
Police Department is approved by the California Commission on Peace Officer Standards and
Training (POST). The District's Police Department complies with Department of Justice (DOl)
reporting guidelines for those crimes investigated by the Department.
(, The San Bernardino City Unified School District's Board of Education established the District's
Police Department to be the responding agency with respect to incidents/crimes occurring on
property belonging to, adjacent to or under the control of the School District at any time of the
day or night, as well as:
. Incidents/Crimes committed by or against students of ,his District, having a nexus to
school attendance or activities, occurring within the boundaries of the District during
school hours, and
. Incidents/Crimes committed by or against students of this District while those students
are directly en route between their residence and their school of attendance or school
activities.
Jurisdiction of Investigations
The District's Police Department will normally conduct investigations on all incidents/crimes
falling within their jurisdiction, including:
. Processing of routine crime scenes
. Arrest, transport and booking
. Collection, preservation and storing of evidence
. Filing of cases with the District Attorney's office and/or Probation
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City Police I District Police MOU
Revised 9/4/07
Page I of3
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Exhibit "A"
As the primal"} Jaw enforcement agency with the City of San Bernardino, the City's Police
Department will, upon notification by the District's Police Department, become the primary
agency on any incident/crime requiring resources beyond those the District's Police Department
is able to provide Examples include:
. Murder
. Officer-im'olved shootings
. Crimes against children
. Sexual assault cases
Cooperation on High-Risk Police Ooerations
Recognizing that the District has year-round classes and evening activities, the City's Police
Department will notify the District's Police Department of any high risk operations that may
involve or impact a school site. Examples of such incidents include service of warrants,
hazardous material spills, stakeouts, barricaded subject scenes, etc. Specifically, City's Police
Department and District's Police Department agree to the following:
. Recognizing that District may have a contingent of police officers who could be on a
school campus at any hour of the day or night, City's Police Department will make a
concerted effort to notify District's Police Department before beginning any tactical
operation that may impact a school site or district property at any time.
. City's Police Department will notify District's Police Department as soon as practical
when it has a high risk (known or reasonably suspected potential for violence or injury)
tactical police operation within a one block radius of a city school campus.
Consideration will be given to school children entering the tactical operation area en
route to or from school.
. District's Police Department will identify a liaison to coordinate with City's Police
Department as needed during the duration of the tactical operation.
. District's Police Department will determine and communicate with City's Police
Department regarding what population/activities may be present on impacted school
grounds and will assist with securing and safeguarding those sites.
. District's Police Department will be responsible for notifying the appropriate official at
the impacted school(s), who will take appropriate action to lessen any potential risk to
staff and students.
. District's Police Department or any other school employees/administrators notified of the
operation will maintain the confidentiality of the police operation until its completion or
until otherwise notified.
. City's Police Department will advise District's Police Department upon completion of
the operation or when the potential impact on schools is eliminated.
:v1mllal Aid / Communication
Ollicers of both departments will provide mutual aid to the extent practical in all appropriate
situations. Both departments agree to exchange reports and any information that may be
mutually beneficial to facilitate investigations and other police functions. City's Police
Department and District's Police Department will share information as reasonably possible
City Police I Di)trict Police MOU
Revised Q.'4l07
Pagt:2of3
Exhibit "A"
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regarding juvenile suspect/arrest information. An effort will especially be made to share
information related to suspects or offenses when such information may help to protect the safety
of students, school personnel or school campuses. Each agency will be responsible for internal
distribution and confidentiality of any information released to them.
Mutual Indemnification Clause
The City of San Bernardino shall defend, indemnify, and hold harmless the San Bernardino City
Unified School District, the District Police Department, 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 that,
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 City of San Bernardino, its
officers, agents or employees.
The San Bernardino City Unified School District shall defend, indemnify, and hold harmless the
City, its elected officials, appointed officials, boards, commissions, 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 that, 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
City Unified School District, its officers, agents or employees.
C Duration and Scope of Agreement
This memorandum of understanding will remain in effect until or unless amended or terminated
by either agency. Either party to this MOU may terminate it at any time and for any reason.
Written notice oftermination shall be provided no less than ten days prior to the effective date of
termination. This agreement shall supercede and invalidate any and all preceding agreements
between these two agencies.
Fred Wilson, City Manager
City of San Bernardino
Date:
Dr. Arturo Delgado, Superintendent
San Bernardino City Unified School District
Date:
Michael A. Billdt, Chief of Police
San Bernardino Police Department
Date:
Gary Underwood, Chief of Police
San Bernardino City Unified School District
Police Department
Date:
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Approved as to form:
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Timothy. 0, Special Counsel
City Police I District Police MOU
Revised 9/4/07
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