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Home My WebLink AboutSANTA ANA UNIFED SCHOOL DISTRICT POLICE DEPARTMENTr 1 r Between The Santa Ana Police Department The Santa Ana Unified School District Police Department Procedure for Police Services April 1, 2019 to December 31, 2021 I. PURPOSE The purpose of this Memorandum of Understanding ("MOU") is to establish cooperative guidelines between the Santa Ana Police Department ("SAPD") and the Santa Ana Unified School District Police Department ("SAUSDPD") regarding police services as it relates to District students, employees, visitors, property, and District related events. The primary role of police response is to preserve life and property and to ensure the safety of District and community members. II. DEFINITIONS The following definitions as used herein are as follows: District Employee: Any full-time/part-time individual, regardless of position, title, certification, or classification, including, but not limited to interns, volunteers or vendors. District Property: Any physical property or location that the District has primary, legal, ,joint or partial control. Partial control is established when students, employees or visitors are attending an event where the District has direct sponsorship, control or responsibility in planning and oversight. Near/Adjacent To: A distance within visual site or radial influence of any District property or location that the District has primary, joint, legal or partial control. School Related Event- Any event in which the District has direct sponsorship, control or responsibility in planning and oversight. Memorandum of Understanding between SAPD & SAUSDPD m School Site Administrator: Any principal, person, or designee with the authority to oversee the daily operations of District property. Student/Pupils: Any person who is or was enrolled in school regardless of home district (i.e. visiting sports team). Visitor: Any person not considered a District student or employee visiting any property or location where the District has primary, legal, joint or partial control. III. TERM This MOU shall be in effect from April 1, 2019 to December 31, 2021. This MOU may thereafter be extended for a one-year term by written agreement of both agencies. SAPD and SAUSDPD representatives shall meet and confer at least once per year, or more frequently if deemed necessary, to review the terms of this MOU prior to its expiration. If it is determined modifications are necessary, such modifications shall be made by written agreement and appropriately executed by authorized representatives from each agency. This MOU may terminate without cause upon a 30 -day written notice by either party. IV. AUTHORITY AND JURISDICTION School districts for the State of California have the authority to adopt and implement a school district police department pursuant to California Education Code 38000 et seq. Members of a school district police department, when duly sworn, are peace officers for the purpose of carrying out their duties and employment pursuant to California Penal Code Section 830.32 et seq. The Santa Ana Unified School District has an established police department (SAUSDPD) as authorized by California Education Code 38000 et seq. Further, it is the intention of the Legislature that school district police ensure the safety of pupils, staff and the public on or near California's public schools. The primary duty and jurisdiction of SAUSDPD is as follows, except those crimes set forth in section VI: 1. Crimes committed against District students on or near District property, or while attending District sponsored events while traveling directly to and from District property and/or District sponsored events. 2. Crimes committed against District employees or the general public on or near District property, except crimes set forth in section VI. 3. Crimes committed against District property. 4. Crimes committed by students, District employees, or the general public on or near District property. Memorandum of Understanding between SAPID & SAUSDPD Page 2 of 6 V. DISTRICT RELATED EVENTS The following policies and procedures are agreed upon to facilitate coordination for planning and responding to District -related events: 1. SAUSDPD and SAPD will share information received regarding potential incidents on or near any District property with students, parents, District administrators and the District community to the extent it does not jeopardize any pending investigation, planning or police response. Under no circumstances, will either agency share specific identifying information regarding a minor, a sexual assault or domestic violence victim, or exempt information. 2. SAUSDPD and SAPD will gather and share intelligence as necessary 3. If a contingency plan is warranted and time permits, SAUSDPD a n d S A P D will collaborate to develop a plan. All involved agencies will be informed of any changes or additions to this plan. 4. Supervisors from both agencies will respond to a District related event that requires immediate police attention or intervention. Each agency will coordinate the response of its personnel. A unified command will be established until it is determined which respective supervisor will assume the role of Incident Commander. Enforcement will be at the direction of the Incident Commander. 5. If non -emergency law enforcement actions require a contingency plan, SAUSDPD personnel will prepare the plan with input from SAPD personnel and the school site administration. 6. Planned non-violent events (sporting events, school sports/activities, etc.) that require police presence will be coordinated by SAUSDPD and the school site administration. 7. If media relations are required by SAUSDPD, they will coordinate with SAPD prior to press release. If media relations are required by SAPD, they will coordinate with SAUSDPD prior to press release. When the incident involves a particular school site, the school principal or site administrator will notify the Superintendent's office and obtain approval for media access to District property. 8. Incidents initially located on District property that have migrated into the community will be handled by SAPD with assistance from SAUSDPD. VI. OPERATIONAL AND INVESTIGATIVE DUTIES SAUSDPD will make every effort to handle calls for police services that relate to its primary duties and jurisdiction as set forth below. The primary duty of SAUSDPD is to respond to and investigate all crimes, including infractions, misdemeanors, and felonies as set forth below. SAUSDPD shall refer the following criminal cases to SAPD: • Homicide (PC §187) • Officer Involved Shootings *SAPD to complete the criminal investigation only Memorandum of Understanding between SAPD & SAUSDPD Page 3 of 6 *SAUSDPD to complete a parallel administrative investigation • Sex offenses or lewd act against child (PC §288)* in accordance with PC 11165.14 *PC 11165.14, the appropriate local law enforcement agency shall investigate a child abuse complaint filed by a parent or guardian of a pupil with a school or an agency specified in Section PC 11165.9 against a school employee or other person that commits an act of child abuse • Rape (PC §261 & §261.5 — felony section) • Child abduction (PC §278) • Kidnapping (PC §207) • Child abuse/neglect as defined and pursuant to PC 11165 et Seq. • Hit & Run collisions resulting in serious injury • Critical missing juveniles* (This section applies to cases or incidents that originated on SAUSD property or District related events) *SAUSDPD shall handle runaways *SAUSDPD shall handle missing persons absent suspicious circumstances *SAUSDPD shall enter missing persons/runaways into MPS a. Case Referral If the original responding agency determines a need to refer a case to the other agency, the responding officers will remain on scene until officers from the other agency arrive to ensure accurate and timely information is exchanged between agencies. b. Information As soon as practicable, both agencies shall provide the other with information regarding events, dates, times, and names of any victims and/or witnesses. c. Follow Un Information SAUSDPD shall be responsible for conducting follow up investigation for crimes falling within its jurisdiction. SAPD will provide additional assistance and resources as deemed necessary to effectively mitigate and resolve the incident. Cases shall not be transferred from one agency to the other for follow-up investigation without supervisory approval from the primary handling agency. Approval will be based on the totality of the circumstances and will take into consideration the goal of successful disposition of the case. d. Reporting SAUSDPD and SAPD will exchange information to ensure accurate reporting. Officers responding to an incident shall prepare a report when requested by supervisors from their agency. SAPD shall be the custodian of original records for all citations, field interviews, juvenile contacts, and arrest and crime reports prepared by SAUSDPD, if an SAPD case number is utilized. SAUSDPD will comply with SAPD's policies and procedures regarding report preparation and delivery. SAUSDPD will ensure timely delivery to SAPD Records Division of all documents to meet the filing deadlines of the Orange County Superior Court. SAUSDPD documents will be processed in the same manner as SAPD records. Memorandum of Understanding between SAPD & SAUSDPD Page 4 of 6 e. Evidence When SAUSDPD delivers evidence to SAPD, they will ensure the maintenance of the proper chain of custody and shall impound evidence at SAPD in a manner consistent with SAPD policies and procedures. Evidence related to a crime that is to be impounded at SAPD shall comply with all SAPD policies and procedures. SAPD will be responsible to provide SAUSDPD any updates and/or changes to policies and procedures governing evidence processing. SAUSDPD personnel are responsible for maintaining policy awareness and knowledge of any changes to evidence policies and procedures (state, county, Department, etc.) VII. INDEMNIFICATION SAPD and SAUSDPD acknowledge this MOU is by and between two independent agencies and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. For liability purposes, neither participating agency shall be considered the agent of the other. SAUSDPD shall indemnify, defend and hold harmless SAPD, its officers, agents and employees from any and all claims, demands, actions, causes of action, damages or liability for injury to or death of persons, or for damage to property resulting from or arising out of any criminal or negligent act, whether by omission or commission of SAPD, its officers, agents or employees in the use of SAUSDPD's property or in the exercise of any other right or privilege by SAUSDPD pursuant to this MOU. SAPD shall indemnify, defend and hold harmless SAUSDPD, its officers, agents and employees from any and all claims, demands, actions, causes of action, damages or liability for injury to or death of persons, or for damage to property resulting from or arising out of any criminal or negligent act, whether by omission or commission of SAUSDPD, its officers, agents or employees in the use of SAPD's property or in the exercise of any other right to or privilege by SAPD pursuant to this MOU. All disputes, claims or other matters in question arising out of, or relating to this MOU may ultimately be decided by means of legal action provided by California State law. Each party shall pay for its own costs and attorney fees arising from such legal action. avid Valentin, Chief of Police Santa Ana Police Department Date Memorandum of Understanding between SAPD & SAUSDPD Ana s asia Smith, Chief of Police Services Santa Ana Unified School District Police Date Page 5 of 6 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney (40 B: TAMARA BOGOSIAN Assistant City Attorney ATTEST: Memorandum of Understanding between SAPD & SAUSDPD By: ALAN ATLAS General Counsel �7 C� ✓�do / CITY OF SANTA ANA STEVEN MENDOZA Acting City Manager Page 6 of 6