HomeMy WebLinkAbout12-31-16 Public Comment - C. Tatum - Civil Rights Complaint s
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Cheryl Lynn Tatum K
Lauren Cody Myers
PO Box 475
Fromberg,MT 59029
(217)871-5049
December 31, 2016 j
Mayor Carson Taylor and City Commissioners
Suite 201, City Hall
P.O. Box 1230
121 North Rouse Avenue
Bozeman,MT. 59771
(406) 582-2320
In Re: Civil Rights Complaint
Mayor Taylor and City Commissioners,
We are writing today to inform you that we have filed complaints that Lauren Cody Myers'civil f
rights are being violated because she is a college-aged student attending Montana State University- E
Bozeman,Montana. Ms. Myers was the victim of a violent sexual assault on private property under
the jurisdiction of campus police,and the person who attacked her was also a student on the day she
was attacked. Prosecution for such a crime would be the responsibility of the Gallatin County
Attorney,Mr. Marty Lambert,but Mr. Lambert has not filed charges against the attacker.
Historically,Mr. Lambert does not prosecute violent crimes on campus when both parties are
students. Because the University entered into a jurisdictional agreement with the city of Bozeman for
the jurisdiction of campus police,Mr. Lambert often faults them for his lack of prosecution. We
assert that the County's lack of prosecution contributes to the high incidence of campus assaults
and diminishes campus safety,thereby violating Ms Myers right to be protected by the law as a
citizen simply because she is a Montana State University student.
There is a Memorandum of Understanding(MOU) between Montana State University-Bozcnnan and
the Bozeman Police so that the University has complete jurisdiction over private property when it is
either a fraternity or a sorority. Unlike the MOU between the University of Montana and the
Missoula Police Department that limits the campus police to jurisdiction over infractions and
misdemeanors,the MSU PD can investigate any level of crime regardless of the severity or level of
violence against a person,and it is that distinction that gives the County Attorney a reason NOT to }
prosecute or hold perpetrators accountable for their crimes.
To date,the Gallatin County Attorney Marty Lambert has yet to press charges against the person
who violently attacked Ms. Myers despite the Carbon County Judge's ruling that Ms. Myers'had a
been violently assaulted,Montana State University-Bozeman's Office of Institutional Equity's
conclusion that she had been violently attacked,and the evidence collected at the hospital in the
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SANE. Sadly, crimes against Montana State University students are seldom prosecuted by the
Gallatin County Attorney's office, and sexual assault or rape charges are almost never filed
regardless of the evidence whenever the attacks take place within the jurisdiction of Montana State
University Police. In fact the County Attorney himself has publically commented on cases
investigated by MSU police as why he declined to prosecute cases where students have been drugged
and gang raped.
It is our belief that the inaction of the Gallatin County Attorney violates Ms. Myers' civil rights
because she is a member of a group that is being specifically excluded. She is a college student and
the MOU that exists between MSU and the City of Bozeman creates a geographical area that is
subject to entirely different levels of public safety than in the general community.Yet, students
should have the same protections;levels of public safety that include enforcement and prosecution
as the general public. 'There should not be University oversight of what constitutes a crime anymore
than there should be institutional or organizational discretion as to what constitutes a citizen
deserving of tie rights,responsibilities and privileges associated with citizenship. Ms. Myers is a
MSU student with the same civil rights as any other citizen of Bozeman,Montana.
We have included a copy of the MSU-Bozeman's and the University of Montana's memorandum of
understandings for your review.Letters of complaint have been filed with the Commission of
Higher Education, MSU President Cruzado, OCR,the US Deputy Attorney General,the Montana
Attorney General, as well as with Vice President Biden. Please let us know if there is anything else
we can do or provide for your consideration.
Respectfully,
Cheryl nn tum Lauren Cody Mye
Montana State law allows college campuses to provide campus security officers and allows those
officers to keep the peace on college campus. However, there appears to be difference in opinion of
how the law is interpreted by individual campuses.
Montana's Annotated State Code 20-25-321.
"Security department members -- appointment-- campus security officer powers.
(1)The regents of the Montana university systern may appoint one or more persons to be
members of security departments at each unit of the university system. Persons who are
qualified under -3� 2-303 to be campus security officers and who are employed and '
compensated by a security department as campus security officers are peace officers and may
exercise their authority:
(a) upon the campuses of the Montana university system and, for campus-related
activities,an area within 1 mile of the exterior boundaries of each campus;
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(b) in or about other grounds or properties owned; operated,controlled,or administered
by the regents or any unit of the Montana university system;and r
(c)if an agreement is reached under subsection (3), for activities and in areas described in
the agreement.
(2) Campus security officers may not serve or execute civil processes.
(3)Any university system security department may seek an agreement with local law
enforcement agencies that specifies geographic and subject matter jurisdiction of campus
security officers in areas outside the area described in subsections (1)(a) and (1)(b)."
'i'he above-mentioned State Code 20-25-321 provides for the creation of campus security,but it
does not promote a campus security system that responds to state, federal or violent crimes.
Yet,according to information found on the MSU Police's webpage
{http://www.montalia.edu/police/about.htmi) of Montana State University-Bozeman's website:
"MSU PD is the agency having primary law enforcement jurisdiction on MSU property. As
such,it is responsible for enforcing local, state,and federal laws as well as university policies
and procedures. State statute gives University officers full jurisdiction on all property owned
by the Montana University System and within one mile of such properties for campus-
related activities. Additionally, the University Police operate under a mutual-aid agreement '
with the City of Bozeman giving them full jurisdiction within the City limits." 3
The Montana State University-Bozeman's Police Department's jurisdiction is sunilarly described
in the MSU 2016 Annual Security and Fire Safety Report as follows:
"The Montana State University Police Department(UPD or Department), established by
Montana law (Section 20-25-321 Montana Code Annotated),has primary responsibility
for law enforcement on the MSU campus and its jurisdiction extends one mile beyond the
campus for University related activities."
`The UPD also has an agreement with the Bozeman City Police which allows University
police officers to enforce Bozeman municipal ordinances and laws on University
property within the city."
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"The agreement gives the UPI)primary jurisdiction on other University related property
and at University events within the city—for example,on fraternity and sorority property,
on property occupied by student organizations,and at events sponsored by the
University."
Montana State University-Bozeman Police Department's 2016 Security and Fine Safety Report
further outlines the University's response to reported crimes as follows:
"The University Police Department will respond to reports of crime against persons and
all property owned, controlled, leased or operated by Montana State University which
includes Fraternity/Sorority(Greek)residences located within one mile of the campus
boundary.
All reports of criminal activity occurring within the jurisdiction of the University Police
Department will be investigated and,if the investigation confirms a violation of the state
criminal code,the matter will be referred to the Gallatin County Attorney or Bozeman
City Attorney for prosecution. Reports of criminal activity received by the University
Police occurring outside of its jurisdiction will be referred to the appropriate city or
county law enforcement agency."
Whereas the Memorandum of Understanding between Montana State University-Bozeman and
the Bozeman Police Department(MSU PD) approved by the City of Bozeman Commissioners
on November 28, 2005 does NOT give Montana State University Police Department primary
jurisdiction over private residences like fraternity and sorority houses. Instead,the agreement
refers to the jurisdictional level of crimes that MSU PD will assume and the"Mutual Aide"
provided by the MSU PD.
"Whereas 20-25-322 MCA grants MSU Police Department(MSU-PD) authority to
enforce parking or moving traffic violations as defined by Title 61 of Montana Code
Annotated within the boundaries of the campus or on streets or alleys contiguous thereto
provided an agreement is reached between the municipality and MSU;"
"Whereas MSU-PD wishes to have the authority to enforce the Bozeman Municipal Code
(BMC), including but not limited to Title 6; Title 9, Chapter 32; and Title 10 on campus
and within one mile of campus boundaries for campus related activities, and the Director
of Public Safety wishes to authorize MSU-PD to enforce the Bozeman Municipal Code
and other legal violations through a form of Mutual Aid Agreement."
The MOU continues to address areas of agreement; 1)purpose of agreement; 2)parking and
traffic violations; 3)municipal ordinances; and 4)mutual aid. Jurisdiction over private
residences such as fraternity and sorority houses is addressed under Mutual Aide:
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In direct contrast to the way Montana Statute is interpreted by the Montana State University,the
University of Montana-Missoula's Police have different interpretation of appropriate jurisdiction.
The Memorandum of Understanding between the University of Montana and the Missoula Police
Department {f f .ci.inissoula.mt.us Packets Council 2004-01-
2G/PSH%20UM%20MOU.htm) specifically states"University of Montana fraternity and sorority
houses are within the jurisdiction of the MPD."
Furthermore:
"GUIDELINES. The UMMCOPS is the primary agency to investigate
misdemeanors and felony crimes other than felony crimes against people and felony drug
crimes that occur on University of Montana campus properties.
Either the MPD or the MCSD is the primary agency to respond to all felony crimes against
persons and felony drug crimes that occur on University of Montana campus properties. if
the UMMCOPS investigates an incident that involves a felony crime against persons or a
felony drug crone, the UMMCOPS will immediately contact and transfer the investigation to
the MPD if the incident occurred within the City of Missoula or the MCSD if the incident
occurred outside the City limits. The referral and transfer of the investigation will occur
promptly after it is apparent that the offense is a felony crime against persons or a felony
drug crime.
• Felony Crimes Against Persons
Under this agreement the MPD assumes primary jurisdiction and responsibility
for all felony crimes againstpersons committed within the city limits of Missoula
including those on the campus properties that are within the city limits of the City of
Missoula.
Under this agreement the MCSD assumes primary jurisdiction and responsibility for all
felony critnes against.persons committed within the county of Missoula for those
offenses that occur on campus properties outside the city limits of Missoula but within
the county of Missoula."
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Commission Memorandum y
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REPORT TO: Honorable Mayor and City Commission
FROM: Susan L. Wordal,Assistant City Attorney
Mark Tymrak,Director of Public Safety—Police
Chris Kukulski,City Manager
SUBJECT: Montana State University--Bozeman Memorandum of Understanding
MEETING DATE: December 5,2005
BACKGROUND: Montana State University—Bozeman Police Department(MSU-PD)and the
Bozeman Police Department have had and continue to have a need to provide assistance to each other as j
the duty areas overlap. The departments have a good working relationship,and desired a mechanism by
which the need to specifically request aid and assistance could be managed without resorting to statutory v
formalities, The departments,therefore,sought to enter into an agreement of mutual benefit for their
service areas, Working with the City and University Legal Departments,the attached Memorandum of l
Understanding was crafted. The mutual assistance for the departments is ongoing,resulting in little change
in daily operations for Bozeman police. The major change will be seen in the prosecution duties,which
will expand to cover cases by MSU-PD.
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RECOMMENDATION: It is recommended you ratify the City Manager's signature and approve the
Memorandum of Understanding,
FISCAL EFFECTS: The approval and ratification of this agreement is expected to generate an
increase estimated at$150,000.00 in the budgeting process.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitt
Sus n L. Wordal;A. istant City Attorney Chris A. Kukulski,City Manager
Mark Tymr k r1rector of Public Safety-Police
Attachments: Memorandum of Understanding
Report compiled on November 28,2005
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MEMORANDUM OF UNDERSTANDING AND AGREEMENT
TH S Memo,pridurn of Understanding and Agreement is made and entered into this
day of 2005 by and between THE CITY OF BOZEMAN, Bozeman,
Montana, hereinafter referred to as the "City" and MONTANA STATE UNIVERSITY -
BOZEMAN,hereinafter referred to as"MSU."
WHEREAS MSU maintains a university police department and the City maintains a
municipal police department; and
WHEREAS the City is obligated, by state law, to enforce state laws and city ordinances
within the corporate city limits; and
WHEREAS MSU's main campus and much of its property is located within the
corporate city limits;and
WHEREAS §20-25-322 MCA grants MSU Police Department (MSU-PD) authority to
enforce parking or moving traffic violations as defined by Title 61 of Montana Code Annotated
within the boundaries of the campus or on streets or alleys contiguous thereto provided an
agreement is reached between the municipality and MSU; and
WHEREAS the City and MSU have had and continue to have an unwritten agreement to
provide assistance for each other upon request; and
WHEREAS MSU-PD wishes to have the authority to enforce the Bozeman Municipal
Code (BMC), including but not limited to Title 6; Title 9, Chapter 32; and Title 10 on campus
and within one mile of campus boundaries for campus related activities, and the Director of
Public Safety wishes to authorize MSU-PD to enforce the Bozeman Municipal Code and other
legal violations through a form of Mutual Aid Agreement.
NOW THEREFORE, the parties mutually agree as follows:
1. PURPOSE
A. This Memorandum and Agreement is entered into pursuant to §20-25-322 MCA to
authorize members of MSU-PD to issue citations for parking or moving traffic violations
as defined by state or municipal laws which occur within the boundaries of campus,or on
streets and alleys contiguous thereto, as set forth in Exhibit "A" incorporated by
reference, or traffic violations as observed within the city limits of Bozeman while
otherwise in the performance of MSU-PD's general duties, subject to any limitations or
conditions specified in this agreement.
B. The parties hereto also desire to clarify the relative responsibilities of the parties with
respect to the exercise of concurrent jurisdiction with regard to specific property owned
by MSU located within the Bozeman city limits.
C. The parties hereto also desire to grant MSU-PD authority to enforce the Bozeman
Municipal Code on campus, or campus owned or operated property located within the
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Bozeman city limits, or as observed while MSU-PD performs its duties on behalf of
MSU, in particular but not limited to, the enforcement of Animal Control and Alcohol
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ordinances.
2. PARKING AND TRAFFIC VIOLATION'S is
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Pursuant to this agreement, the City hereby grants authority to MSU-PD to enforce
parking and traffic violations as follows:
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A. On streets and alleys, within the campus boundaries or on streets contiguous
thereto, as set forth in Exhibit"A,", or as observed within the city limits while in
performance of other duties, MSU-PD may issue citations for any moving traffic
violation defined by state or municipal laws and consistent with Section 20-25-
322 MCA. Specifically, MSU-PD may issue citations for all violations of Title
61 of the Montana Code Annotated, and Section 49-4-302 pertaining to
handicapped parking spaces. In addition, MSU-PD may write citations on all
traffic violations set forth in the Bozeman Municipal Code.
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B. On streets and alleys contiguous to campus, MSU-PD may issue citations for
parking violations as set forth in Title 10 chapters 32 and 34 of the Bozeman
Municipal Code. All parking citations issued on streets located within campus
boundaries shall be issued under and consistent with Sections 20-25-311 and 20-
25-312 MCA.
3. BOZEMAN MUNICIPAL ORDINANCES
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A. The parties to this agreement hereby agree that MSU-PD will be granted authority
to enforce all violations of Bozeman Municipal Code (BMC), including but not
limited to those contained in Title 9 Chapter 7 entitled Alcohol Policy, Title 6
entitled "Animals", and Title 10 entitled "Vehicles and Traffic" within the
campus boundaries or on property owned, operated, controlled or administered by
MSU, including but not limited to any fraternity or sorority house recognized by
MSU and located within one(1)mile of campus.
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B. In all cases where impounding of an animal is authorized under Title 6,MSU and
MSU-PD will be responsible for the care of the animal during the impound
period, Should MSU or MSU-PD decide to transport the animal to the Humane
Society, MSU-PD will be responsible for all costs and fees incurred during the
impound as well as for all animals not claimed in the time prescribed by the
ordinance. MSU-PD further agrees to reimburse the City for any costs incurred
by City for an animal impounded by MSU-PD.
C. The parties mutually agree and acknowledge that any MSU-PD officer enforcing
these laws or ordinances will be acting under a request for assistance as defined in i
§44-11-101 MCA. Pursuant to §44-11-102, MCA the requesting agency shall
indemnify the responding peace officer, his legal representative in case of death,
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or the furnishing law enforcement entity for any liability or obligation to ;
indemnify created by 2-9-305 that may result from the assistance furnished.
4. MUTUAL AID
A. The parties mutually agree and admit that MSU-PD's service area is:
1. All property owned, operated, controlled or administered by MSU;
2. Any fraternities and sororities recognized by MSU within one (1) mile from
Campus; and
3. Any incidents within one mile from campus provided the incident is "campus
related". For the purposes of this agreement, "campus related" shall mean any
activity sanctioned by MSU or which is held in conjunction with an MSU
sanctioned activity including but not limited to parties held in conjunction with or
in celebration of any sporting event,graduation or any other similar event.
4. While in the performance of duties as assigned by MSU-PD, an officer who
observes a violation of law within the city limits is empowered to act under a
standing request for Mutual Aid and to take such investigative measures as the
situation warrants,including issuing appropriate citations.
B. The parties further mutually agree and admit that the City's service area is all
property located within the corporate limits of the City of Bozeman,including any
property owned, leased or operated by the City of Bozeman within Gallatin
County, and within a five mile radius as provided in §7-324301 MCA and
§2.40.020(B)BMC.
C. When a "call for service" is received by 911/Dispatch concerning enforcement
issues within the MSU-PD service area as defined herein, such call will be
referred to MSU-PD as quickly as practicable, and only referred to the City when
MSU-PD officers are unavailable to respond.
D. The parties hereto mutually agree that, upon request of the initial responding
agency in an emergency situation, law enforcement equipment and personnel may
be dispatched to any point within the boundaries of the City of Bozeman.
I. An emergency situation for law enforcement assistance shall exist if there
is an immediate need to protect the health, life and property of the
inhabitants and visitors. If, in the judgement of the law enforcement
official or designee receiving the request, such conditions exist, the
appropriate official or designee may send such law enforcement
equipment and personnel to assist the requesting agency.
2. Any request for emergency assistance, except backup unit support, should
include, whenever possible, a statement of the amount and type of
equipment and number of personnel requested, and specify the location to
which the equipment and personnel are to be dispatched. The amount and
type of equipment and number of personnel to be furnished shall be
determined by the agency receiving the request for assistance, subject to
availability at the time of the call. Re-evaluation shall occur as necessary.
The determination shall be based on the needs of the requesting agency as
well as the needs of the responding agency and any other concurrent
emergencies.
3. Officers of the responding law enforcement agency will report to the r'
officer in charge on the scene. Command and control of the scene will be
under the direction of the requesting law enforcement agency unless the
request is for a specialized unit, in which case the command and control of
the scene will be assumed by the responding specialized unit. The
requesting agency may also request that the responding agency assume
command and control of the scene. The responding agency shall, upon
arrival, meet with officer in charge of the requesting agency on scene and
shall establish the responding agency's duties consistent with this
agreement.
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4. Officers acting within the scope of this agreement are deemed to be
providing mutual assistance under §44-11-101 MCA, and while in
performance of the duties pertaining to this agreement as a request for
assistance have the same powers, duties,rights, privileges and immunities
as a peace officer of the requesting agency.
5. COURT JURISDICTION AND PROSECUTION
A. MSU-PD agrees that any citations issued by MSU-PD for misdemeanor offenses under
state law or municipal ordinance pursuant to this agreement shall be within the
jurisdiction of the Bozeman Municipal Court. All citations will be processed and filed in
that Court in the same manner as citations issued by the Bozeman Police Department.
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B. MSU-PD agrees to provide the City Attorney's office with a current list of all assigned
officers and badge numbers as well as a mechanism to contact the officers. All reports
generated as a result of any citation written under this agreement shall be transmitted to
the City Attorney's Office upon request. MSU-PD further agrees that all officers will
accept subpoenas from the City Attorney's office as well as other relevant court
documents, and will make all court appearances necessary to ensure the full prosecution
of all citations issued. Legal advice pertaining to misdemeanors under this agreement
shall be obtained through the City Attorney's Office and MSU-PD will comply with all
requirements pertaining to prosecution through the City Attorney's Office.
C. Any costs incurred by MSU-PD for officers to attend trials shall be borne by MSU.
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6. AUTHORITY
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This Agreement does not in any way_diminish the jurisdiction or authority of any city peace
officer regarding enforcement of state or municipal laws on Montana State University Campus or
any contiguous streets or alleys. y
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7. AMENDMENT
Any amendments or modifications to this agreement,or any provisions hereunder, shall be made
in writing and executed in the same mariner as the original document and shall, after execution,
become part of this agreement.
8. AMENDED LAWS OR ORDINANCES.
If during the term of this Memorandum of Understanding and Agreement any amendment(s) is
made to the statutes and ordinances set forth above the Parties shall comply with any and all such
amended laws and ordinances.
9. TERMINATION
This agreement may be terminated at any time upon the mutual written consent of the parties.
Further, either party may terminate this agreement by providing the other party thirty (30) days
written notice. Said notice will be mailed via certified mail addressed to the other party at:
City of Bozeman Montana State University
ATTN: Director of Public Safety ATTN: Director University Police
P.O. Box 1230 Huffman Building
Bozeman,Montana 59715 Bozeman,Montana 59717
10. HEADINGS
The section headings contained herein are for convenience and reference and are not intended to
define or limit the scope of any provisions of this agreement.
11. EFFECTIVE DATE
This Agreement will become effective on the date set forth above and shall continue in effect
until it has been modified or terminated in accordance with the terms set forth in this agreement.
MSU-PD citations shall be written into Bozeman Municipal Court as of January 1,2006.
MONT UNIVERSITY
deoffr4 GanWe
President
Attest:
Secretary
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CITY OF BOZEMAN
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Chris Kukulski .
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City Manager
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ATTEST:
Robin Sullivan
Clerk of the Commission'
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The-University of Montana Campus is primarily within the city limits ftp://ftp.ci.missoula.mt.us/Packets/Council/2004-01-26/PSH UM MOU.11tm
Memorandum of Understanding
University of Montana Office of Public Safety
Missoula Police Department
Missoula County Sheriff's Department
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Date: December 10, 2003
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PURPOSE. The purpose of this agreement is to establish a procedure for the transfer of criminal
investigations from the University of Montana, Missoula campus,Office of Public Safety(hereinafter
UMMCOPS)to the Missoula Police Department (hereinafter MPD)or Missoula County Sheriff's
Department(hereinafter MCSD)for felony crimes against persons and felony drug crimes. Under this
agreement the UMMCOPS shall investigate other felony crimes and all misdemeanors on University of i
Montana campus properties and other offenses as provided below.
It is the intent of the MPD and the MCSD to provide assistance to the UMMCOPS whenever requested by
the UMMCOPS. The UMMCOPS officers may provide mutual aid outside of the University of Montana
campus properties,to the MPD or the MCSD if requested by either agency under Mont. Code Ann. §
44-11-101 (2003).
If any crime or incident exceeds the resources of the UMMCOPS,the MPD shift commander and/or the
MCSD shift commander will make every effort to provide mutual aid, if requested. This may include
assuming jurisdiction and responsibility for the investigation if appropriate to the incident and agreed upon
by the agencies' shift commander and the senior UMMCOPS officer involved.
AUTHORITY. The MPD,MCSD and UMMCOPS law enforcement agencies will provide mutual
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assistance between agencies as authorized by the mutual assistance statutes of the State of Montana under
Mont. Code Ann. §§ 44-11-101,44-1.1-102 (2003). UMMCOPS officers have the powers listed in Mont.
Code Ann. 20-25-321 (2003). The UMMCOPS jurisdiction is extended as stated below under Mont. Code
Ann. § 20-25-321 (3) (2003).
JURISDICTION. The UMMCOPS primary focus is the University of Montana campus properties,as
they are defined in this agreement,and campus related activities within one mile of the exterior boundaries of k
each campus. Under this agreement and under Montana law,the MPD extends the jurisdiction of the
UMMCOPS. The UMMCOPS jurisdiction is extended to the City limits of Missoula for the enforcement of k
all traffic and criminal offenses that occur in the UMMCOPS officer's presence and poses an imminent threat
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to public safety. Mont. Code Ann. § 20-25-321 (3) (2003). If the criminal offense that occurred in the 1
UMMCOPS officer's presence was a felony crime against a person or a felony drug offense, it shall be
treated in the same fashion under this agreement as if it had occurred on campus properties.
A separate memorandum of understanding dated July 30til, 1993,under Mont. Code Ann. § 20-25-322
(2003), continues in effect. That agreement between the MPD,MCSD and UMMCOPS provides jurisdiction
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The University of Montana Campus is primarily within the city limits ftp://ftp,ci.missoula.mt.us/Packets/Council/2004-01-26/PSH UM MOi f.htm
for the UMMCOPS to enforce parking and moving traffic violations that occur within the boundaries of the
campus or on streets or alleys contiguous thereto.
University of Montana fraternity and sorority houses are within the jurisdiction of the MPD. These locations
do have some connection to the University of Montana but all activities at these residences are not campus
related activities. The MPD is the first responder to calls for service at fraternity and sorority houses. The
UMMCOPS will be notified of activities that occur in either fi-aternity or sorority houses that generated a call
for service. The UMMCOPS can act as back-up when needed for calls for service at fraternities and
sororities. The UMMCOPS shall utilize its ability to hold students accountable under the UM student
conduct code. These sanctions under the student conduct code can often assist in resolving issues relating to
the resident's actions that effect neighbors and other students.
This agreement extends,but does not limit the grant of jurisdiction provided UMMCOPS under Mont. Code
Ann. § 20-25-321 (2003).
DEFINITIONS.
A. Campus related activities are activities that are officially funded, sponsored and/or endorsed by
the University.
B. Contiguous thereto refers to an area that is adjacent to, in contact with, touching or next to any
campus property.
C. University of Montana campus properties include all property on the University of Montana
campus,married student housing,the College of Technology east and west campus,the Fort
Missoula Research Center,Dornblazer Field, the University of Montana golf course,practice
fields,the Lubrecht Forest Research Center and grounds or properties owned,operated, controlled
or administered by the regents or any unit of the Montana university system. Please see attached
map.
GUIDELINES. The UMMCOPS is the primary agency to investigate misdemeanors and felony crimes
other than felony crimes against people and felony drug crimes that occur on University of Montana campus
properties.
Either the MPD or the MCSD is the primary agency to respond to all felony crimes against persons and
felony drug crimes that occur on University of Montana campus properties. If the UMMCOPS investigates
an incident that involves a felony crime against persons or a felony drug crime,the UMMCOPS will
immediately contact and transfer the investigation to the MPD if the incident occurred within the City of
Missoula or the MCSD if the incident occurred outside the City limits. The referral and transfer of the
investigation will occur promptly after it is apparent that the offense is a felony crime against persons or a
felony drug crime.
• Felony Crimes Against Persons
Under this agreement the MPD assumes primary jurisdiction and responsibility
for all felony crimes against persons committed within the city limits of Missoula including those on
the campus properties that are within the city limits of the City of Missoula.
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The,University of Montana Campus is primarily within the city limits flp:Hftp.ei.missoula.mt.us/Packets/Council/2004-01-26/PSH UM MOU.htm
Under this agreement the MCSD assumes primary jurisdiction and responsibility for all felony crimes
cigainst persons committed within the county of Missoula for those offenses that occur on campus
properlies outside the city limits of Missoula but within the county of Missoula. 1
• Felony Drug Crimes
The Missoula Police Department assumes primary jurisdiction and responsibility for all felony drug
crimes committed within the city limits of Missoula including those on the campus properties that are
within the city limits of the City of Missoula.
When a felony drug crime occurs on campus properties outside the city limits the UMMCOPS will
notify either the MCSD or the appropriate state investigative agency promptly.
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• Other Felony Crimes and all Misdemeanors:
The UMMCOPS assumes primary jurisdiction and responsibility for the investigation of all felony
crimes other than crimes against persons and felony drug crimes and all misdemeanors that occur on
the University of Montana campus properties. t
Dated
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Robert W. Weaver, Chief Michael McMeekin, Sheriff
Missoula Police Department Missoula County Sheriff's Office
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Kenneth A. Willett,Director
University of Montana Office of Public Safety
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3 of 3 1/1/2017 6:57 AM
Robin Crough
From: Robin Crough
Sent: Thursday, January 12, 2017 8:49 AM
To: 'Cheryl Lynn'
Subject: RE: Public Comment Letter
Good morning Cheryl,
Thank you for the clarification. I will distribute this to the City Commission immediately.
Best,
Robin
Robin Crough I City Clerk
City of Bozeman 121 N. Rouse Ave. ( Bozeman, MT 59715
D: 406.582.2321 C: 406.600.1057
www.bozeman.net
BOZEMANMT
Cily Clerk
From: Cheryl Lynn [mailto:mtskyblue@yahoo.com]
Sent:Wednesday,January 11, 2017 5:19 PM
To: Robin Crough <RCrough@BOZEMAN.NET>
Subject: Public Comment Letter
Ms. Crough,
I received a voice message from you Tuesday in regards to a letter I wrote to the Mayor and City Commissioners.
While I appreciate your privacy concerns, we understood that our letter was needed to address our concerns specifically
in order to be heard and considered by the Commissioners. It is our belief that the City of Bozeman is a willing participant
in the ongoing violation of student rights. Therefore,just in case the objective of our letter was unclear, it is our request
that the Mayor and Commissions revoke their agreement with the University of Montana Bozeman and resume
jurisdictional responsibilities of violent crimes against students.
Thank you,
Cheryl Lynn Tatum
"One difference between Autism and ignorance is that ignorance can be cured."-Unknown-
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