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HomeMy WebLinkAboutJuly 9, 2012_Authorize the City Manager to sign a Memorandum of_4.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Deputy Chief Rich McLane Chief of Police Ron Price SUBJECT: Updated Memorandum of Understanding between the City of Bozeman and Montana State University Police Departments. MEETING DATE: July 9, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign a Memorandum of Understanding between the City of Bozeman and Montana State University regarding mutual aid law enforcement response. BACKGROUND: In July 2006, the City of Bozeman mutually entered into an agreement with Montana State University (MSU) to facilitate the allowing officer of the University Police Department (MSU-PD) to assist in enforcement of traffic, parking and animal violations outside of the boundary of the MSU campus and to clarify the relative responsibilities of both parties with respect to the exercise of concurrent jurisdiction. As part of that agreement, both parties mutually agreed 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. Since 2006, several legislative changes have occurred within the City of Bozeman. One of these changes included the introduction of Municipal Infractions (civil citations) for animal violations, parking infractions and the use of a cellular phone while driving. Codification changes in 2011 changed several previously reference Bozeman Municipal Code (BMC) criminal violations, opening up the previous agreement to legal challenges. This Memorandum of Understanding (MOU) clarifies jurisdictional boundaries for both agencies, allowing concurrent jurisdiction for both on/off campus for both agencies. This includes the ability to independently investigate violations of state law up to a five mile radius outside of Bozeman and similar independent investigation of Bozeman Municipal Code up to a three mile radius outside of Bozeman. This MOU has been reviewed by both MSU and City of Bozeman legal staff. 17 UNRESOLVED ISSUES: None. ALTERNATIVES: None recommended. FISCAL EFFECTS: None. Attachments: MSU-City of Bozeman MOU dated 070912 Report compiled on: June 25, 2012 18 Memorandum of Understanding THIS MEMORANDUM of UNDERSTANDING (MOU) is made and entered into this ___ day of __________, 2012, by and between the City of Bozeman (City) and Montana State University (University) as provided for in statute noted herein. WHEREAS both the City and the University maintain police departments, staffed by peace officers certified under requirements of §7-32-303 Montana Code Annotated (MCA); and, WHEREAS the main University campus and much of the University’s property is located within the corporate city limits; and, WHEREAS §20-25-321 MCA allows University police officers to exercise their authority as peace officers 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, and in or about other grounds or properties owned, operated, controlled, or administered by the regents or any unit of the Montana university system, and to enter into an agreement with local law enforcement agencies that specifies geographic and subject matter jurisdiction for these University police officers outside those areas described above; and, WHEREAS §20-25-322 MCA allows the University to enter into an agreement to issue citations for parking or moving traffic violations as defined by state or municipal laws within the boundaries of the campus and on streets and alleys contiguous to the campus; and, WHEREAS §44-11-101 MCA allows a law enforcement entity from a municipality to request mutual aid from a peace officer from another entity within the state, and while in the jurisdiction of the requesting entity, the responding officers have the same powers, duties, rights, privileges, and immunities as a peace officer of the requesting entity; and, WHEREAS §44-11-304 MCA authorizes one or more law enforcement agencies to enter into a mutual aid agreement to provide law enforcement services that all of the parties are authorized by law to perform. The agreement must fully set forth the powers, rights, and obligations of the parties to the agreement, and may grant peace officers of any party law enforcement agency acting within the territorial jurisdiction of any other party law enforcement agency authority to act as if the officer were an appointed and qualified peace officer of the law enforcement agency the officer is assisting; and, WHEREAS the City is obligated, by state law, to enforce state laws and municipal ordinances within the City’s service area, which includes 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 §7-32-4301 MCA and within a three mile radius, as provided in §24.01.010 Bozeman Municipal Code (BMC); and, WHEREAS the University Police Department (MSU-PD) has a long history of enforcing state laws and municipal ordinances on the University campus and, for campus-related activities, an area within 1 mile of the exterior boundaries of each campus; and, WHEREAS the Bozeman Police Department and the University Police Department have had a long history of providing mutual aid assistance to each other upon request and both wish to continue that beneficial relationship; and, 19 WHEREAS the City and the University wish to facilitate the exercise of the independent duties as well as the cooperative duties of their respective Police Departments through this MOU and to clarify the relative responsibilities of the parties with respect to the exercise of concurrent jurisdiction with regard to areas of the University located within the city limits. NOW THEREFORE, the parties mutually agree as follows: 1. GENERAL PROVISIONS The City and the University agree and acknowledge that: a. MSU-PD is authorized by §20-25-321 MCA to perform all duties as peace officers and to enforce all state laws and municipal ordinances upon the University campus and, for campus-related activities (including fraternity/sorority houses), an area within 1 mile of the exterior boundaries of the campus (this area is defined as the MSU-PD service area). b. MSU-PD is the primary enforcer of misdemeanor and felony crimes on MSU property, and for campus-related activity in the MSU-PD service area (including fraternity and sorority houses). c. MSU-PD is herein authorized by §20-25-322 MCA and the City of Bozeman to issue citations for parking or moving traffic violations as defined by state or municipal laws within the boundaries of the campus and on streets and alleys contiguous to the campus and within both the city limits and a three mile radius of the city limits. d. As allowed under §20-25-321 (3) MCA, the City of Bozeman grants MSU Police Officers (peace officers) jurisdiction to enforce all violations of criminal codes found in MCA and BMC to include BMC Municipal infractions within both the City limits of Bozeman and within a three mile radius of the city limits while in the performance of their MSU-PD assigned duties. e. As allowed under§44-11-101 MCA, MSU police officers while enforcing provisions of any criminal code within both the city limits of Bozeman and within a three mile radius of the city limits shall be acting under a standing request for mutual aid from the Bozeman Police Department, and as such have the same powers, duties, rights, privileges and immunities as a police officer of the Bozeman Police Department. f. This MOU does not in any way diminish the jurisdiction or authority of any Bozeman Police Department police officer regarding enforcement of state laws or municipal ordinances on the University campus or any contiguous streets or alleys. 2. COURT JURISDICTION and PROSECUTION In consideration for the provisions contained herein, the University agrees any citations issued by MSU-PD for misdemeanor offenses or Municipal Infractions under state law or municipal ordinance 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. In addition: a. MSU-PD will maintain a current list of all MSU-PD officers and badge numbers and contact information and provide the information to the City. All reports generated as a result of any law enforcement action taken under this MOU shall be transmitted to the City Attorney’s Office upon request. b. MSU-PD officers will accept subpoenas and all other relevant court documents from the City Attorney’s Office, and will make all court appearances necessary to ensure the full prosecution of all citations. c. MSU-PD will comply with all applicable discovery requests by the City Attorney’s Office. d. Legal advice pertaining to misdemeanors under this MOU 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. e. Any costs incurred by MSU-PD for officers to attend trials shall be borne by the University. 20 3. ABANDONED VEHICLES MSU-PD is herein authorized to sell vehicles abandoned on campus properties. a. MSU-PD will follow procedures for taking vehicles into custody, providing notice and an opportunity for vehicle reclamation, and sale or release of vehicles if not reclaimed and any other requirements of Title 61, Chapter 12, Part 4 MCA. b. Proceeds from any sales shall be retained by the University as reimbursement for its costs and expenses incurred in the removal, storage, custody and sale of the vehicles. 4. 911 EMERGENCY CALL SERVICES The MSU-PD maintains a 24 hour Call Center acting as a Public Safety Answer Point (PSAP, under §10-4-101 MCA) utilizing an enhanced 9-1-1 system. This 9-1-1 system transfers 9-1-1 calls from University wired phones (land lines) to the MSU Police Department Call Center. This Center serves the MSU-Bozeman campus by providing police services and serves as the decision point for the dispatch of other emergency services including fire and emergency medical services. a. Wireless 9-1-1 calls emanating from the University area are electronically routed to the Gallatin County 9-1-1 Call Center. When a call for service is received by the Gallatin County 9-1-1 Call Center concerning law enforcement, fire, or EMS issues within the MSU-PD service area as defined herein, such call will be relayed to MSU-PD as quickly as practicable. 5. ANIMAL IMPOUNDING In all cases where impounding of an animal is authorized and necessary under BMC, City of Bozeman animal control officers will conduct the transport, when available. All other transports will be done in accordance with existing call priorities of each agency. If MSU-PD transports an animal to a qualified animal care facility, the University will be responsible for all costs and fees incurred. 6. EMERGENCY SITUATIONS Upon request of the initial responding agency in an emergency situation, law enforcement equipment, personnel and other resources may be dispatched to any location within the City. a. An emergency situation for law enforcement assistance exists if there is an immediate threat to the health, life or property of any citizens. If, in the judgment of the law enforcement official receiving the request, such conditions exist, the official may send resources to assist the requesting agency. b. A request for assistance should specify what resource(s) are being requested as well as specify the location to which those resources should be dispatched. The agency receiving the request will determine the resource availability given existing circumstances, contingency requirements and the needs of the requesting agency. c. Command and control of the scene at the location of the emergency will be under the direction of the requesting agency and the agency responding to the request for emergency assistance will report to the commander in charge at the scene and establish the responding agency’s responsibilities and duties consistent with this MOU. d. Officers responding to a request for emergency assistance are deemed to be providing assistance under §44-11-101 MCA, and in accordance with that statute, 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 MCA that may result from the assistance furnished. An officer acting in this capacity is authorized to take such investigative measures as the situation warrants, including issuing appropriate citations. 21 7. TITLE IX REQUIREMENTS The University is obligated to comply with Title IX of the Educational Amendments of 1972, 20 U.S.C. §1681, et. seq. Title IX prohibits discrimination on the basis of sex and also prohibits sexual harassment in education programs or activities operated by recipients of federal financial assistance. The law also defines sexual harassment to include sexual violence. Under this MOU, the City specifically acknowledges and agrees the University has an obligation under Title IX to resolve complaints promptly and equitably through its administrative processes, regardless of any pending criminal charges involving those complaints. The University will temporarily delay the fact-finding portion of a Title IX investigation when requested in writing by Bozeman PD in order to provide time to gather evidence in such a case. Such written request shall be delivered to the MSU-PD. Once notified that the Bozeman PD has completed its gathering of evidence (i.e., not the ultimate outcome of the investigation or the filing of charges), the University is then obligated to promptly resume and complete its fact-finding for the title IX investigation. When victims of sexual violence choose to make a report to the police, MSU administrative officials will refer such reports of sexual violence to MSU PD. MSU PD will, as soon as practicable, refer reports of those incidents occurring outside of the MSU PD service area to the Bozeman Police Department. Nothing in this MOU, or related to such an investigation itself, prevents the University from notifying complainants of their Title IX rights and the University’s grievance procedures or from taking steps to ensure the safety and well-being of the complainant and the university community while the law enforcement evidence-gathering is in progress. 8. ANTI-DISCRIMINATION Neither the City nor University shall differentiate or discriminate in its performance under this MOU on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. 9. AMENDMENT Amendments or modifications to this MOU, or any provisions hereunder, shall be made in writing and executed in the same manner as the original, and shall become part of this agreement. 10. AMENDED LAWS and ORDINANCES If during the term of this MOU any of the statutes or ordinances pertaining to the MOU are amended the parties shall comply with any such amended laws or ordinances. 11. TERMINATION This MOU 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. 22 12. NOTICES Notices related to this MOU shall be addressed to the pertinent party at: City University City of Bozeman Director, MSU Police Dept. ATTN: Chief of Police Roy Huffman Building 121 N. Rouse, 7th and Kagy P.O.Box 1230 P.O. Box 172680 Bozeman, Montana 59771-1230 Bozeman, Montana 59717-2680 13. EFFECTIVE DATE This MOU is effective on the date set forth above, supersedes all previous agreements related to the conduct of law enforcement between the City and the University and shall continue in effect until modified or terminated in accordance with the terms set forth herein. Montana State University City of Bozeman _____________________________________ __________________________________ Dr. Waded Cruzado, President Chris Kukulski, City Manager Attest: Attest: _____________________________________ __________________________________ Shari McCoy, Assistant to the President Stacy Ulmen, City Clerk 23