HomeMy WebLinkAbout28-Police Department
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OTY OF SAN BERNARDINO - REQUEST FOR COUNOL AcrION
From: Michael A Billdt, Ollef of Police
Subject: Resolution of the Ma}Qr and
Common Council authorizing the execution
of a Memorandum of Underst.ntling between
the Gty of San Bernardino and its Police
Department and the California Highway
Patrol for law enforcement on Patton State
Hospital grounds.
Dept: Police Department
Date: May 8, 2008
MI CC Date: June 2, 2008
Synopsis of Previous Council Action
None
Recommended Motion:
Adopt Resolution.
CjWJ~
Michael Billdt, Ollef of Police
Contact person: Sergeant Brian Tully
Phone: (909).388-4928
Ward: 4
Supporting data attached: Yes
FUNDING REQUIREMENTS: None
Finance
Council Notes:
Agenda Item No.~
lI/fJ-jDf.
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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 City of San Bernardino and its Police Department and the California
Highway Patrol for law enforcement services on Patton State Hospital grounds.
BACKGROUND:
The City of San Bernardino Police and its Police Department along with the California
Highway Patrol have participated in mutual aid Memorandums of Understanding for a number of
years. On January 25, 2000 then Chief Lee Dean entered into an agreement with the California
Highway Patrol to provide law enforcement on Patton State Hospital grounds. This proposed
Memorandum of Understanding is an update to this previous agreement.
The intent of this agreement addresses criminal investigations, traffic collisions, vehicle code
violations, and safety/security services for Patton State Hospital. The Welfare and Institutions
Code Section 4107 (a) and 4107.1 states that the security of all patients at Patton State Hospital
shall be the responsibility of the California Department of Corrections and the Department of
Mental Health. Patton State Hospital is located in the City of San Bernardino. The City of San
Bernardino and its Police Department and the California Highway Patrol have agreed to assist
the California Department of Corrections in its role by providing necessary law enforcement
services on the public grounds of Patton State Hospital.
It is expected that each respective department will investigate all crimes occurring within the
agreed jurisdictional areas. The City of San Bernardino and its Police Department agree to
provide law enforcement services at Patton State Hospital when the California Depiutment of
Corrections and the Department of Mental Health need assistance in maintaining a safe and
orderly environment for the public, visitors, and employees. The City of San Bernardino and its
Police Department are not responsible for any investigations inside the detention center, behind
any door, wall, gate fence, building, or anywhere that a barrier is in place to contain/maintain a
person in custody. The City of San Bernardino and its Police Department duties include response
to major crimes that occur on the grounds of Patton State Hospital such as Homicides, Sexual
Assaults, Crime Scene Processing, Hostage or Sniper Situations, and Domestic Disputes and
response to declared emergency conditions.
FINANCIAL IMPACT
None
RECOMMENDATION
Staff recommends that the City enter into the attached Memorandum of Understanding with the
California Highway Patrol:
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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, CALIFORNIA mGHWAY PATROL, DEPARTMENT OF
CORRECTIONS AND DEPARTMENT OF MENTAL HEALTH FOR LAW
ENFORCEMNT ON PATTON STATE HOSPITAL GROUNDS.
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, CALIFORNIA IDGHWAY PATROL, DEPARTMENT OF
CORRECTIONS AND DEPARTMENT OF MENTAL HEALTH FOR LAW
ENFORCEMNT ON PATTON STATE HOSPITAL GROUNDS.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
, 2008, by the following vote, to wit:
Council Members
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
17 JOHNSON
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19
20
21
22
23
24
McCAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this _ day of
Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to Form:
ge-- )-< ~
28 6Imes F. Penman, City Attorney
meeting thereof,
,2008.
EXHIBIT "A"
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MEMORANDUM OF UNDERSTANDING
TO:
PATTON STATE HOSPITAL, DEPARTMENT OF MENTAL
HEALTH, THE DEPARTMENT OF CORRECTIONS, THE
CITY OF SAN BERNARDINO AND ITS POLICE
DEPARTMENT, AND THE CALIFORNIA HIGHWAY
PATROL, SAN BERNARDINO AREA.
CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO
AREA 860
SUB.JECT: LAW ENFORCEMENT ON PATTON STATE HOSPITAL
GROUNDS.
FROM:
DATE: 5/7/2008
Intent of this aareement.
o
This memorandum of understanding supersedes and replaces all previous agreements
among the parties. This memorandum of understanding is made in order to define the
respective roles, responsibilities, and authorities of The California Department of Corrections,
The Department of Mental Health, The City of San Bernardino and its Police Department, and
The California Highway Patrol. This memorandum addresses criminal investigations, traffic
collisions, vehicle code violations, and safety/security services for Patton State Hospital.
This agreement is in accordance with Welfare and Institutions Code Section 4107.1, which
states that the security of all patients at Patton State Hospital shall be the responsibility of the
California Department of Corrections and the Department of Mental Health. Patton State
Hospital is located within the City of San Bernardino. The City of San Bernardino and its
Police Department, and California Highway Patrol have agreed to assist the California
Department of Corrections in this role by providing necessary law enforcement services on
the public grounds of Patton State Hospital.
It is expected that each respective department will investigate all crimes occurring within the
agreed jurisdictional areas. Any amendments of this agreement will be made in writing and
signed by each aforementioned agency. It will be agreed that all parties involved in the
memorandum will meet annually for a review of this document.
Responsibilities of the Department of Corrections.
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The California Department of Corrections shall provide the resources necessary to secure
Patton State Hospital. The purpose of such security shall be to prevent the unauthorized
absence of patients. Consistent with this responsibility, the California Department of
Corrections shall have the responsibility for, and the authority to control all persons
authorized to enter and exit the facility in accordance with The Department of Mental Health,
EXHIBIT "A"
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Special Orders and Patton State Hospital Administrative Oir.ectives. Where the individuals are
still committed to the Department of Mental Heatth, the Califomia Department of Corrections
shall provide for the appropriate level of security during their authorized absence. The
California Department of Corrections shall advise and consutt wijh Patton State Hospital on
all security matters. Basic custodial functions shall include but are not limited to:
(a) The staffing and operation of a secure perimeter including observation post, security
systems, vehicle and pedestrian gate operations, facility mobile patrols, and 24 hour
general security of property and persons on the grounds of Patton State Hospital
(b) The oft-grounds transportation of patients including 24-hour posting of correctional
officers when patients are temporarily housed or sequestered at outside medical facilities
or other location on a temporary basis.
(c) The operation of visiting programs for the purpose of allowing patients access to visits
everyday each week.
(d) The tabulation and recording of daily counts of all patients housed at Patton State
Hospital.
(e) The response when requested by Patton State Hospital, with appropriate resources, to
assist in the management of patient disturbances. The Califomia Department of
Corrections will be the on scene managers of these incidents. Necessary assistance will
be provided by allied agencies if requested by the Department of Corrections.
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(f) Response to incidents of escape; The Department of Corrections is responsible for the
notification of all escapees. All allied agencies shall be notified of any escape. All data
entry into the wanted persons system will be completed by the California Department of
Corrections. Local allied agencies may be requested for assistance in searching for the
escapee.
ResDonsibllltles of the DeDartment of Mental Health.
Patton State Hospital shall continue to have full authority and responsibility for all other
aspects of the operations of Patton State Hospital. Patton State Hospital shall notify the
California Department of Corrections, San Bernardino Police, California Highway Patrol, and
any other appropriate law enforcement authorities of disturbances, escapees, or any other
events that involve public safety.
Patton State Hospital shall advise and consult with the California Department of Corrections
on all matters related to security. This shall include but is not limited to:
A) Maintenance and upgrade of the outside perimeter. Examples;
1. Gate Complex(es).
2. Video Surveillance.
3. Fence Sensors and Alarms.
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EXHIBIT "A"
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4. Locks, Keys, and locking Devices.
a) Maintenance, upgrade, and repair of all post and buildings occupied by the
California Department of Corrections, including general supply and janitorial
maintenance.
b) Emergency repair of vehicles used by and assigned to the California Department
of Corrections at Pallon State Hospital, per interagency agreement.
c) Count all patients at least four times within a twenty-four hour period.
d) Assist the California Department of Corrections, San Bernardino Police and
California Highway Patrol when requested.
Resoonsibilltv of the San Bernardino Police DeDartment
The City of San Bemardino and its Police Department agree to provide law enforcement
services at Pallon State Hospital when the Califomia Department of Corrections and the
Department of Mental Health need assistance in maintaining a safe and orderly environment
for the public, visitors, and employees. These duties include but are not limited to the
following:
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a) Response to major crimes that occur on the grounds of Patton State Hospital. Crimes
such as Homicides, Sexual Assaults, Crime Scene Processing, Hostage or Sniper
Situations, and Domestic Disputes.
b) Response to declared emergency conditions.
c) Provision of communication services through their communications center when law
enforcement services are required on the ground of Pallon State Hospital.
ResDonsiblllty of the California Hiahwav Patrol.
The Califomia Highway Patrol agrees to provide assistance to Pallon State Hospital, the
California Department of Corrections, Department of Mental Health, and San Bernardino
Police Department, as it relates to the maintenance of an orderly and safe environment on
the grounds of Pallon State Hospital. The Califomia Highway Patrol shall not be responsible
for any detention area on Pallon State Hospital grounds. A detention area includes any
property behind a wall, fence, gate, building or any barrier designed to maintain a person in
custody.
a) The Califomia Highway Patrol will assist the San Bemardino Police Department by
providing weekly in-view patrol to deter crime and gain voluntary compliance with parking and
traffic laws.
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b) The California Highway Patrol will respond and investigate traffic collisions on Pallon
State Hospital Grounds, when requested.
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EXHIBIT "A"
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c) In the event of an emergency that poses an immediate threat to safety upon the grounds
of Patton State Hospital, the California Highway Patrol will respond, stabilize and secure the
scene, and maintain the scene until the arrival of the appropriate law enforcement agency,
d) The California Highway Patrol will provide resources such as guides and handbooks to
assist with the preparation of crime prevention and emergency action plans.
e) The California Highway Patrol will provide communication services through the Inland
Communication Center as backup to the San Bernardino Police or when requested by any
afore mention ed allied agency.
f) The Califomia Highway Patrol will respond to areas of normal public access and
investigate crimes that occur at Patton State Hosp~al. Areas not included are any place
within Patton State Hospital that is considered to be a detention area. Crimes investigated at
Patton Hospital by the Califomia Highway Patrol include but are not limited to; Burglary,
Carjacking, Vandalism, Robbery, Embezzlement, Auto Theft, Assault, Battery, and
Trespassing.
g) The California Highway Patrol will provide services for any parking or traffic complaints
reported by Patton State Hospital. The California Highway Patrol will resolve the complaints
by the issuance of c~ations as necessary.
Indemnltv:
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The City of San Bernardino agrees to indemnify and hold harmless the Califomia Highway
Patrol, its officers, agents, all employees, and volunteers from any and all claims, actions,
losses, damages, and/or liability resulting from the City of San Bemardino's negligent acts or
omissions arising from the City of San Bernardino's performance of its obligations under this
memorandum of understanding. The California Highway Patrol agrees to indemnify and hold
harmless the City of San Bemardino, its officers, agents, all employees, and volunteers from
any and all claims, losses, damages, and/or liability resulting from the California Highway
Patrol's negligent acts or omissions arising from the California Highway Patrol's performance
of all obligations under this memorandum of understanding.
Tennin.tion of Aareement
This agreement will remain in effect until terminated by any participating party by giving
written notification of intent at least thirty days in advance of the intended date of termination.
The Department of Mental Health will notify all the participating representatives of the
termination in writing.
Califomia Department of Corrections
Date
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Signatures continued on page 5.
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EXHIBIT "A"
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California Department of Mental Health (Patton State Hospital) Date
The City of San Bernardino Date
California Highway Patrol, San Bernardino Area Date
Approved as to form by City Attorney James F. Penman Date
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MEMORANDUM OF UNDERSTANDING
...----'.,---.--.---- .--..-..-"--...---..--.-.------------.---.-------.-.-------~-
__..__.__u. .._.__....__ .___._...____.,_______ _.___..___ __.____~__"._______+_____~.___"_u.____....____..-,
TO: PATTON STATE HOSPITAL, DEPARTMENT OF MENTAL
HEALTH, THE DEPARTMENT OF CORRECTIONS, THE
CITY OF SAN BERNARDINO AND ITS POLICE
DEPARTMENT, AND THE CALIFORNIA HIGHWAY
PATROL, SAN BERNARDINO AREA.
FROM: CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO
AREA 860
SUBJECT: LAW ENFORCEMENT ON PATTON STATE HOSPITAL
GROUNDS.
DATE: 5/7/2008
Intent of this aareement.
o
This memorandum of understanding supersedes and replaces all previous agreements
among the parties. This memorandum of understanding is rnade in order to define the
respective roles, responsibilities, and authorities of The California Department of Corrections,
The Department of Mental Health, The City of San Bernardino and its Police Department, and
The California Highway Patrol. This memorandum addresses criminal investigations, traffic
collisions, vehicle code violations, and safety/security services for Patton State Hospital.
This agreement is in accordance with Welfare and Institutions Code Section 4107.1, which
states that the secur~y of all patients at Patton State Hospital shall be the responsibility of the
California Department of Corrections and the Department of Mental Health. Patton State
Hosp~1 is located within the City of San Bemardino. The City of San Bernardino and its
Police Department. and California Highway Patrol have agreed to assist the Califomia
Department of Corrections in this role by providing necessary law enforcement services on
the public grounds of Patton State Hospital.
It is expected that each respective department will investigate all crimes occurring within the
agreed jurisdictional areas. Any amendments of this agreement will be made in wr~ing and
signed by each aforementioned agency. It will be agreed that all parties involved in the
memorandum will meet annually for a review of this document.
ReSDOnslbllltles of the DeDartment of Corrections.
o
The California Department of Corrections shall provide the resources necessary to secure
Patton State Hospital. The purpose of such security shall be to prevent the unauthorized
absence of patients. Consistent with this responsibility, the California Department of
Corrections shall have the responsibility for, and the authority to control all persons
authorized to enter and exit the facility in accordance with The Department of Mental Health,
o
Special Orders and Patton State Hosp~al Administrative-Directives. Where the individuals are
still committed to the Department of Mental Health, the California Department of Corrections
shall provide for the appropriate level of security during their authorized absence. The
California Department of Corrections shall advise .and consult w~h Patton State Hosp~al on
all security matters. Basic custodial functions shall include but are not limited to:
(a) The staffing and operation of a secure perimeter including observation posl, security
systems, vehicle and pedestrian gate operations, facil~y mobile patrols, and 24 hour
general security of property and persons on the grounds of Patton State Hospital
(b) The off-grounds transportation of patients including 24-hour posting of correctional
officers when patients are temporarily housed or sequestered at outside medical facil~ies
or other location on a temporary basis.
(c) The operation of visiting programs for the purpose of allowing patients access to visits
everyday each week.
(d) The tabulation and recording of daily counts of all patients housed at Patton State
Hospital.
(e) The response when requested by Patton State Hospital, with appropriate resources, to
assist in the management of patient disturbances. The California Department of
Corrections will be the on scene managers of these incidents. Necessary assistance will
be provided by allied agencies if requested by the Department of Corrections.
o
(f) Response to incidents of escape; The Department of Corrections is responsible for the
notification of all escapees. All allied agencies shall be notified of any escape. All data
entry into the wanted persons system will be completed by the California Department of
Corrections. Local allied agencies may be requested for assistance in searching for the
escapee.
ReSDOnslbllltles of the OeDartment of Mental Health.
Patton State Hospital shall continue to have full authority and responsibility for all other
aspects of the operations of Pallon State Hospital. Pallon State Hospital shall notify the
Califomia Department of Corrections, San Bernardino Police, California Highway Patrol, and
any other appropriate law enforcement authorities of disturbances, escapees, or any other
events that involve public safety.
Patton State Hosp~al shall advise and consult with the Califomia Department of Corrections
on all matters related to security. This shall include but is not limited to:
A) Maintenance and upgrade of the outside perimeter. Examples;
1. Gate Complex(es).
2. Video Surveillance.
o
3. Fence Sensors and Alarms.
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o
4. Locks, Keys, and locking Devices.
a) Maintenance, upgrade, and repair of all post and buildings occupied by the
California Department of Corrections, including general supply and janitorial
maintenance.
b) Emergency repair of vehicles used by and assigned to the California Department
of Corrections at Pallon State Hospital, per interagency agreement.
c) Count all patients at least four times within a twenty-four hour period.
d) Assist the California Department of Corrections, San Bernardino Police and
California Highway Patrol when requested.
Responsibilltv of the San Bernardino Police Department.
The City of San Bernardino and its Police Department agree to provide law enforcement
services at Pallon State Hospital when the California Department of Corrections and the
Department of Mental Health need assistance in maintaining a safe and orderly environment
for the public, visitors, and employees. These duties include but are not limited to the
following:
o
a) Response to major crimes that occur on the grounds of Pallon State Hospital. Crimes
such as Homicides, Sexual Assaults, Crime Scene Processing, Hostage or Sniper
Situations, and Domestic Disputes.
b) Response to declared emergency conditions.
c) Provision of communication services through their communications center when law
enforcement services are required on the ground of Pallon State Hospital.
Responsibility of the California Hlahwav Patrol.
The California Highway Patrol agrees to provide assistance to Pallon State Hospital, the
California Department of Corrections, Department of Mental Health, and San Bernardino
Police Department, as it relates to the maintenance of an orderly and safe environment on
the grounds of Pallon State Hospital. The California Highway Patrol shall not be responsible
for any detention area on Pallon State Hospital grounds. A detention area includes any
property behind a wall, fence, gate, building or any barrier designed to maintain a person in
custody.
a) The California Highway Patrol will assist the San Bernardino Police Department by
providing weekly in-view patrol to deter crime and gain voluntary compliance with parking and
traffic laws.
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b) The California Highway Patrol will respond and investigate traffic collisions on Pallon
State Hospital Grounds, when requested.
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c) In the event of an emergency that poses an immediate" threat to safety upon the grounds
of Pallon State Hospital, the California Highway Patrol will respond, stabilize and secure the
scene, and maintain the scene until the arrival of the appropriate law enforcement agency.
d) The California Highway Patrol will provide resources such as guides and handbooks to
assist with the preparation of crime prevention and emergency action plans.
e) The California Highway Patrol will provide communication services through the Inland
Communication Center as backup to the San Bernardino Police or when requested by any
aforementioned allied agency. .
f) The California Highway Patrol will respond to areas of normal public access and
investigate crimes that occur at Pallon State Hospital. Areas not included are any place
within Pallon State Hospital that is considered to be a detention area. Crimes investigated at
Pallon Hospital by the California Highway Patrol include but are not limited to; Burglary,
Carjacking, Vandalism, Robbery, Embezzlement, Auto Theft, Assault, Ballery, and
Trespassing.
g) The California Highway Patrol will provide services for any parking or traffic complaints
reported by Pallon State Hospital. The California Highway Patrol will resolve the complaints
by the issuance of citations as necessary.
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Indemnitv:
The C~y of San Bernardino agrees to indemnify and hold harmless the California Highway
Patroi, its officers, agents, all employees, and volunteers from any and all claims, actions,
losses, damages, and/or liability resulting from the City of San Bernardino's negligent acts or
omissions arising from the City of San Bernardino's performance of its obligations under this
memorandum of understanding. The California Highway Patrol agrees to indemnify and hold
harmless the City of San Bernardino, ~ officers, agents, all employees, and volunteers from
any and all claims, losses, damages, and/or liability resulting from the California Highway
Patrol's negligent acts or omissions arising from the California Highway Patrol's performance
of all obligations under this memorandum of understanding.
Tennln.tlon of Aareement
This agreement will remain in effect until terminated by any participating party by giving
wrillen notification of intent at least thirty days in advance of the intended date of termination.
The Department of Mental Health will notify all the participating representatives of the
termination in writing.
California Department of Corrections
Date
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SignatUTfJS continued on page 5.
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California Department of Mental Health (Patton State Hospital) Date
The City of San Bernardino Date
California Highway Patrol, San Bernardino Area Date
'9--
as to form by City Attorney James F. Penman
Date
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