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HomeMy WebLinkAboutResolution - 2013-R0038 - Memo Of Understanding - Lubbock ISD - Law Enforcement Services - 01/31/2013Resolution No. 2013-R0038 January 31, 20113 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, the Memorandum of Understanding For Law Enforcement Services by and between the City of Lubbock and the Lubbock Independent School District, and related documents. Said Memorandum of Understanding is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 31, 2013 I '�j4e- GL C. RO ERTSON, MAYOR ATTEST: Reb cca Garza, Citylg-ecretak_� APPROVED AS TO CONTENT: Roger E lis, Chief of Police APPROVED AS TO FORM: Resolution N0. 2013-R0038 THE STATE OF TEXAS § § Memorandum of Understanding For § Law Enforcement Services § by and between the City of Lubbock, § and the Lubbock Independent School § District. COUNTY OF LUBBOCK § This Memorandum of Understanding ("MOU") is entered into on this 30"_ day of , 20 \3 , by and among the CITY OF LUBBOCK, a home -rule municipality in Lubbock County, Texas, (hereinafter referred to as "CITY") and the LUBBOCK INDEPENDENT SCHOOL DISTRICT, an independent school district located at Lubbock County, Texas (hereinafter referred to as "SCHOOL DISTRICT") (collectively referred to as the "Part(ies)." WITNESSETH: WHEREAS, the SCHOOL DISTRICT is an independent school district maintaining and operating facilities within the CITY, and WHEREAS, the SCHOOL DISTRICT has commissioned peace officers for security and law enforcement purposes; and WHEREAS, the Texas Education Code, Section 37.081, requires that the jurisdiction of a peace officer employed by a school district shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of the school district, and WHEREAS, Texas Education Code, Section 37.081, requires that school district police departments and the law enforcement agencies with which it has overlapping jurisdiction shall enter into a memorandum of understanding that outlines reasonable communication and coordination efforts between the department and the agencies, and WHEREAS, the CITY and the SCHOOL DISTRICT each find that this undertaking is necessary for the benefit of the public and that each party has legal authority to provide the governmental functions, which are the subject matter of this MOU, and WHEREAS, the CITY and the SCHOOL DISTRICT desire to improve the efficiency and effectiveness of their police departments by cooperating in the provision and performance of law enforcement services pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the CITY and the SCHOOL DISTRICT desire to specify the terms and conditions of an agreement through which this mutually beneficial relationship may be affected; and City of Lubbock and Lubbock Independent School District Memorandum of Understanding for Law Enforcement Services Page 1 of 9 WHEREAS, the CITY and the SCHOOL DISTRICT recognize and understand that the circumstances of an incident may necessitate that the requirements of this MOU be amended or revised to allow the law enforcement officers of each party to better address the unique demands of a specific situation and provide appropriate mutual aid and support to each other, under the circumstances; and NOW THEREFORE IN CONSIDERATION of the mutual undertaking hereinafter set forth and for adequate consideration given, the above named governmental entities agree as follows: I. Definitions The following terms shall have the following meanings when used in this MOU: (a) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law, and licensed by the Texas Commission on Law Enforcement Officer Standards and Education; (b) "Party" means a governmental entity which is a party to this MOU; (c) "Chief law enforcement officer" means the chief of police of a municipality and the chief of police of an independent school district; (d) "Chief administrative officer" means the city manager or superintendent of an independent school district; (e) "Requesting governmental entity" or "requesting party" shall mean and refer to the contracting governmental entity that requests another party to this MOU for law enforcement services in aid and assistance in responding to an emergency condition within the boundaries of the requesting party. (f) "Responding governmental entity" or "responding party" shall mean and refer to the governmental entity that answers or responds to request of another party to this MOU for law enforcement services in aid and assistance in responding to an emergency condition within the boundaries of the requesting party. II. Purpose The purpose of this MOU is to assist in providing additional law enforcement officers and equipment necessary to protect health, life, and property against violations of criminal law and breaches of the peace. The Parties recognize and acknowledge that mutual cooperation and communication are in the best interest of their constituents, employees and the public, and the Parties therefore pledge to meet on a periodic basis to discuss the purpose of this MOU and to City of Lubbock and Lubbock Independent School District Memorandum of Understanding for Law Enforcement Services Page 2 of 9 develop practices and procedures in keeping with this purpose. III.Primary Jurisdiction and Concurrent Jurisdiction A. the CITY shall retain primary jurisdiction over property owned by the CITY, and over property located within the CITY's corporate limits and not owned by any other Party. B. the SCHOOL DISTRICT shall retain primary jurisdiction, over property owned by the SCHOOL DISTRICT and located within the CITY. IV. Requests for Assistance and Response A responding party may assign its law enforcement officers to perform law enforcement duties outside the responding party's Primary Jurisdiction, subject to the responding party's determination of availability of personnel and at the responding party's sole discretion as to participation, when: A. requested by the chief law enforcement officer, or his designee, of a requesting party; and B. the chief law enforcement officer, or his designee, of the responding party has determined, in his sole discretion, that the assignment is necessary to the providing of law enforcement services within the Primary Jurisdiction of the requesting party for the purposes set forth at paragraph II above. The CITY reserves the right to retain the primary authority for its specialized police units, dispatched in response to incidents within the corporate limits of the CITY such as a missing child, sexual assault, kidnapping, armed barricaded subject, active shooter or sniper, riot, an incident involving fatalities or any other incident within the city limits for which the CITY believes the use of its specialized police services is reasonable and necessary. The ranking on -duty peace officer of each party present at the response location shall be deemed the authorizing official for that party. Any request for aid under this MOU shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be finally determined by the responding party's chief law enforcement officer or his designee. Requests for aid shall be directed to the attention of the following named persons or officers of each respective party, or to such other persons or officers as a party may hereinafter designate: A. City of Lubbock: Request "Shift Commander," Lubbock Police Department, by dialing the Communications Center: 806-775-2811. City of Lubbock and Lubbock Independent School District Memorandum of Understanding for Law Enforcement Services Page 3 of 9 B. Lubbock Independent School District: Request "Chief of Police," Lubbock Independent School District Police Department, by dialing 806-766-1193. Law enforcement personnel of the responding party will be released by the requesting party when their services are no longer required as determined by the chief law enforcement officer, or his designee, of the requesting party. The chief law enforcement officer of the responding party, or his designee, in collaboration with the requesting party's chief law enforcement officer, may withdraw his personnel or equipment or discontinue participation in any activity initiated pursuant to this MOU, at any time. Such withdrawal should be made in such a way that it does not pose a threat to the safety or security of the location and/or situation. V. Status of Responding Peace Officers and Command Authority While any law enforcement officer regularly employed as such by a responding party is in the service of any requesting party, he shall at all times remain a peace officer of the responding party and shall be under the command of the responding party's chief law enforcement officer. VI. Service of Arrest and Search Warrants Whenever possible, a peace officer of a municipality should notify the police department of a school district before serving any arrest or search warrant on the property of a school district. A peace officer of a school district may accompany a peace officer of a municipality when the municipal peace officer is serving an arrest or search warrant on the property of a school district. VII. Responsibility for Completing Investigation The completion of any investigation upon termination of a response to request, or upon withdrawal from an initiated response, will remain under the jurisdiction and authority of the party having primary jurisdiction, unless otherwise agreed to by the parties. VIII. Dispatching Calls Between Police Departments The dispatcher of a party receiving or dispatching a call relating to the provision made for law enforcement services by this MOU will: A. Maintain a record of calls received, routed and dispatched to any other party to this MOU, which record shall be available to all parties upon request; B. When referring an emergency caller to a party under this MOU, the dispatcher should advise the caller that the referral is being made and should remain on the City of Lubbock and Lubbock Independent School District Memorandum of Understanding for Law Enforcement Services Page 4 of 9 line with the caller until a connection is made with the party referred to; and C. When dispatching a unit to another party's primary jurisdiction, the dispatcher should attempt to notify the dispatcher of the department for the other party as soon as possible. IX. No Waiver of Reimbursement for Services No party to this MOU waives the right granted by Section 362.003(c), Texas Local Government Code, to request reimbursement for services performed under this MOU. The governmental entity whose authorized official requested the services shall reimburse the governmental entity providing such services upon request, unless the responding entity had jurisdiction to perform the law enforcement services notwithstanding this MOU. X. Employee Compensation Unaffected Any law enforcement officer or other person who is assigned, designated, or ordered by the chief law enforcement officer of the party which regularly employs him, or his designee, to perform police or peace officer duties pursuant to this MOU, shall receive the same wage, salary, pension, and all other compensation and all other rights for such service, including injury or death benefits, and workers' compensation benefits, the same as though the service had been rendered within the limits of the party where he is regularly employed. Moreover, all wages and disability payments, including equipments and clothing, medical expenses, expenses of travel, food, and lodging, shall be paid by the party which regularly employs such person in the same manner as though the service had been rendered within the limits of the party where the person is regularly employed. XI. Civil Lawsuits and Retention of Benefits Related to Employee Status In the event that any person performing law enforcement services pursuant to this MOU shall be cited as a party to any state or federal civil lawsuit arising out of the performance of those services, he shall be entitled to the same benefits that he would be entitled to receive if such civil action has arisen out of the performance of his duties as a party of the department where he is regularly employed and in the jurisdiction of the party by which he is regularly employed. Nothing in this MOU is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this MOU. XII. Data and Communication Services The CITY agrees to furnish the DISTRICT with data and communication services in accordance with the terms and conditions set forth in APPENDIX A to this Agreement. XIII. Access to TLETS/NLETS/TCIC/NCIC Crime Records Services City of Lubbock and Lubbock Independent School District Memorandum of Understanding for Law Enforcement Services Page 5 of 9 The CITY agrees to provide the DISTRICT with access to TLETS, NLETS, TCIC and NCIC Crime Records Services in accordance with the terms and conditions set forth in APPENDIX B to this Agreement. XIV. Property Room Access and Services The CITY agrees to provide the DISTRICT with access to the CITY's Police Property Room in accordance with the terms and conditions set forth in APPENDIX C to this Agreement. XV. Non -Waiver of Immunity It is expressly understood and agreed that, in the execution of this MOU, no Party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims made by third parties and arising directly or indirectly out of the performance of this MOU. THE PARTIES RETAIN ALL GOVERNMENTAL IMMUNITIES. XVI. Duration of MOU This MOU shall be effective for a period beginning on the date first written above and ending on September 30, 2013, and shall thereafter automatically renew for one year terms running from October 1 until September 30 of each year unless terminated in accordance with the terms and conditions of this MOU. XVII. Termination Any party to this MOU may terminate it, by giving the other parties thirty (30) days prior written notice of its intent to terminate the MOU, mailed by certified mail and addressed to the person or officer of each other party to this MOU designated herein for notice. XVIII. Performance of Services Law enforcement services, and all other services reasonably related thereto, which are provided under this MOU shall be performed in accordance with the standard operating procedures, rules, regulations, and ordinances of the department by which each such peace officer or employee providing such services is employed, and in conformity with the requirements and mandates of laws of the State of Texas and the United States. XIX. Release and Indemnification To the extent permitted by law each Party to this MOU expressly waives all claims against every other Party to this MOU for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this MOU, and shall, to the extent permitted by law, indemnify each other Party for any liability arising out of the acts or omissions of its own employees and officers. City of Lubbock and Lubbock Independent School District Memorandum of Understanding for Law Enforcement Services Page 6 of 9 XX. Waiver of Subrogation The Parties hereby release each other, and their respective officers, agents, and employees, from any and all liability to each other or anyone claiming through or under them by way of subrogation or otherwise for any loss, injury or damage caused by or resulting from risks insured against under any insurance policy maintained by the Parties. XXI. Remedies No right or remedy granted herein or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this MOU may be waived without first obtaining consent of the Parties in writing. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this MOU. XXII. Severability If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this MOU, are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this MOU shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XXIII. Applicable Law This MOU is entered into subject to and is to be construed, governed and enforced under all applicable State of Texas and federal law. XXIV. Venue The Parties to this MOU agree and covenant that this MOU will be enforceable in Lubbock County, Texas; and that if legal action is necessary to enforce this MOU exclusive venue will be in Lubbock County, Texas. XXV. Notice Notice by any party to any other party hereto shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by registered or certified mail, with proper postage attached addressed to the respective party as follows subject to change as the respective party may hereafter give notice to the other parties: For the CITY: City of Lubbock and Lubbock Independent School District Memorandum of Understanding for Law Enforcement Services Page 7 of 9 Lubbock City Manager P.O. Box 2000 Lubbock, Texas 79457-2000 For the SCHOOL DISTRICT: LISD Superintendant 162819` Street Lubbock, Texas 79401-4895 XXVI. Public Information This MOU is public information. To the extent, if any, that any provision of this MOU is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. Each party agrees that it will notify the other party of any public information request which seeks disclosure of "law enforcement tactical information" and will assert a lawful objection or privilege to keep such information confidential. XXVII. No Joint Enterprise This MOU does not, is not intended to, and shall not be construed to, create any joint enterprise between or among the parties. XXVIII. Entire Understanding This MOU embodies the complete understanding of the parties hereto superseding all oral or written previous and contemporaneous agreements or understandings between the parties relating to matters herein; and, except as otherwise provided herein, must be modified in writing by the parties, unless the circumstances of a particular situation make such a written amendment impracticable, in which case, the ranking on -duty peace officer of each party present at the response location is authorized to deviate from this MOU as that officer, in his sole discretion, deems necessary and advisable. XXIX. Authorization The undersigned officers and agents are properly authorized to execute this MOU on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. City of Lubbock and Lubbock Independent School District Memorandum of Understanding for Law Enforcement Services Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the date first state above. FOR THE CITY OF LUBBOCK, TEXAS: - " � �A' IR � /-- - GLEN V.6139RTSON, Mayor ATTEST: Rebe ca (Becky) Garza, City cr y AP OVED AS T ONTENT: r� R G , ELLIS, Chief of Police, Lubbock FOR THE LUBBOCK INDEPENDENT SCHOOL DISTRICT: DR. REN GARZ , Superinte ant ATTEST: APPROVED AS TO ONTENT: f JoSc91' Kilef oce, Lubbock ISD APPROVED O FORM: ANN MANNING, Attorney for LISD Q'\CITYATTUOFIN',LPD - Interlocals with ISDsILISD}City_LISD PD MOU (final) doc City of Lubbock and Lubbock Independent School District Memorandum of Understanding for Law Enforcement Services Page 9 of 9 Data and Communication Services Appendix This document outlines policies of the CITY and SCHOOL DISTRICT for the mutual benefit of the agencies and the furtherance of necessary law enforcement functions; specifically, to ensure the safety of citizens, staff, students, and law enforcement personnel by providing for a common inter- and intra -agency data and communications platform. The SCHOOL DISTRICT agrees to abide by all federal, state, and local rules, as well as rules and regulations promulgated by the CITY pertaining to the use of the CITY's radio communications system which includes, but is not limited to, the following: SCHOOL DISTRICT is limited to using and shall be capable of transmitting only on channels assigned to the SCHOOL DISTRICT by the CITY. Each of these channels shall only be used for specific radio traffic as designated by CITY procedure and then only when necessary for conducting criminal investigations. All other communications with the CITY shall be by telephone or in person. 2. SCHOOL DISTRICT will suspend use of CITY communications during operations not involving the SCHOOL DISTRICT or at any other time when deemed necessary by CITY. 3. Each radio used by the SCHOOL DISTRICT for communications shall be inspected by the City of Lubbock Radio Shop for a determination of the fitness and compatibility with the CITY communications system once each year or as deemed appropriate by CITY. 4. SCHOOL DISTRICT will adhere to CITY radio procedures. Unless begun or authorized by CITY, no car to car radio communications by SCHOOL DISTRICT is permitted. Should SCHOOL DISTRICT need to communicate with a CITY mobile unit, SCHOOL DISTRICT shall request CITY communications to notify the appropriate CITY unit. Should SCHOOL DISTRICT unit need CITY back-up, the SCHOOL DISTRICT will request a back-up form CITY communications who will determine the appropriate number of units to respond. 5. SCHOOL DSTRICT computer or manual records checks shall be limited to necessary criminal investigations. CITY will be the sole determiner of when requests become excessive. 6. Any notifications by CITY for incidents occurring at SCHOOL DISTRICT will be by normal notification processes to the SCHOLL DISTRICT. It is not the responsibility of the CITY to notify the SCHOOL DISTRICT police department directly. 7. CCH requests by SCHOOL DISTRICT shall be limited to criminal investigations. SCHOOL DISTRICT shall adhere to CITY requirements regarding CCH requests. 8. SCHOOL DISTRICT will turn in a copy of any served warrant to the police desk as a trailing document for their report. 9. SCHOOL DISTRICT shall abide by any other procedures deemed appropriate by CITY. APPENDIX A TLETS/NLETS/TCIC/NCIC Crime Records Services Appendix This document outlines policies of the CITY and SCHOOL DISTRICT for the mutual benefit of the agencies and the furtherance of necessary law enforcement functions; specifically, to ensure the safety of citizens, staff, students, and law enforcement personnel by providing the SCHOOL DISTRICT with access to state and national criminal databases. 1. SCHOOL DISTRICT agrees to abide by all laws of the United States and the State of Texas, and all present of hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other systems now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. 2. CITY agrees to enter names and property into TLETS, NLETS, TCIC, and NCIC when appropriate to do so when state, national, and local laws and rules allow. SCHOOL DISTRICT agrees to provide names and property meeting entry criteria in a timely manner. SCHOOL DISTRICT further is responsible for notifying CITY when there is a status change or persons or property are recovered or found by SCHOOL DISTRICT so the information can be canceled from TLETS, NLETS, TCIC, or NCIC. 3. SCHOOL DISTRICT agrees to indemnify and save harmless City of Lubbock, CITY, and its employees from and against all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false arrest or imprisonment or any cause of SCHOOL DISTRICT in the exercise of the agreement to provide certain TLETS, NLETS, TCIC, and NCIC information. APPENDIX B Police Property Room Services Appendix This document outlines policies of the CITY and SCHOOL DISTRICT for the mutual benefit of the agencies and the furtherance of necessary law enforcement functions; specifically, to ensure the safety of citizens, staff, students, and law enforcement personnel by providing the SCHOOL DISTRICT with access to the CITY's Police Property Room. In addition to following CITY Police Property Room procedures, SCHOOL DISTRICT officers shall be limited to posted Property Room hours, which are 0700 hours to 1500 hours, Monday through Friday. 2. SCHOOL DISTRICT officers who turn drug evidence into the Police Property Room will be responsible for having that evidence analyzed as may be required by the Criminal District Attorney's Office for filing of charges. 3. SCHOOL DISTRICT officers who check property into the Police Property Room are responsible for releasing it. Only property involved in a criminal case requiring follow-up by CITY becomes the responsibility of CITY. Found or abandoned property may be delivered to the SCHOOL DISTRICT for proper disposition, or, at the CITY's sole discretion, may be disposed of by the CITY in accordance with State Law and CITY procedures. 4. All authorizations from SCHOOL DISTRICT to release property shall be in writing from the SCHOOL DISTRICT officer involved or his supervisor on a form acceptable to the CITY. APPENDIX C