Loading...
HomeMy WebLinkAbout05- MSU Police and Bozeman Policecommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Susan L. Wvrdal, Assistant City Attorney Mark Tymrak, Director of Public Safety -Police Chris Kukulski, City Manager SUBJECT: Montana State University -Bozeman Memorandum of Understanding MEETING BATE: December 5, 2005 BACKGR4[TND: 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 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 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 Understanding was crafted. `1'he mutual assistance for the departments is ongoing, resulting in little change in daily operations far Bozeman Police. The major change will be seen in the prosecution duties, which will expand to cover cases by MSU-PD. RECdMMENDATION: 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 subrnitt d, '~~, t ~ - f i _ ~ r: .~- ;Sus n L. Wordal; A istant City Attorney Chris A. Kukulski, City Manager Mark Tymr k, hector of Public Safety -Police Attachments: Memorandum of Understanding Report compiled on November 28, 2005 MEMORANDUM OF UNDERSTANDING AND AGREEMENT TH S Merno dum 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 WIIEREAS MSU's main campus and much of its property is lacated 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 baundaries 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 b; 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 an 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 enfarce the Bozeman Municipal Code on campus, or campus owned ar operated property located within the 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 ordinances. 2. PARKING AND TRAFFIC VIOLATIOI~TS Pursuant to this agreement, the City hereby giants authority to MSU-PD to enforce parking and traffic violations as follows: A. On streets and alleys, within the campus boundaries or an 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 far 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. 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 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. 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 far 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 ar ordinances will be acting under a request for assistance as defined in §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, 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 A1D A. The parties mutually agee and admit that MSU-PD's service area is: 1. All property awned, 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 awned, leased or operated by the City of Bozeman within Gallatin County, and within a five mile radius as provided in §7-32-4301 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. 1. 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 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. 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. 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-FD will comply with all requirements pertaining to prosecution through the City Attorney's Office. C. Any costs incurred by MSU-FD for officers to attend trials shall be borne by MSU. G. AUTHORITY 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. 7. AMENDMENT Any amendments or modifications to this agreement, or any provisions hereunder, shall be made in writing and executed in the same manner 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 ATTN: Director of Public Safety P.O. Box 1230 Bozeman, Montana 59715 Montana State University ATTN: Director University Police Huffman Building 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. President Attest: CITY OF BOZEMAN Chris Kukulski City Manager ATTEST: ~~~ Robin Sullivan Clerk of the Commission