HomeMy WebLinkAboutRES 14-089RESOLUTION NO.14-089
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding between the City of Beaumont and Lamar University Police Department to
enhance the level of service provided to the public by defining each partner's jurisdiction
and area of primary responsibility. Said Memorandum of Understanding is substantially in
the form attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
April, 2014.
N-- I - J MR
- Vayor Becky -Ames -
JURISDICTIONAL AND INTERAGENCY SUPPORT
MEMORANDUM OF UNDERSTANDING:
LAMAR UNIVERSITY POLICE DEPARTMENT
AND CITY OF BEAUMONT POLICE DEPARTMENT
WHEREAS, The Texas Education Code, Section 51.203 confers on commissioned peace
officers of state institutions of higher education jurisdiction in the county of the institution, and
WHEREAS, The Texas local Government Code, Sections 341.001 and 341.021 confers on
commissioned peace officers of the City of Beaumont jurisdiction within the city limits and for
certain purposes throughout the county
BE IT THEREFORE AGREED AS FOLLOWS: That the Lamar University Police Department
(LUPD) and the City of Beaumont Police Department (BPD) primary and concurrent jurisdictions
shall be:
ARTICLE 1:
BPD shall retain concurrent jurisdiction subject to requests for assistance by LUPD and
exigent circumstances requiring immediate police response and LUPD will assume
primary jurisdiction to the following:
A. Lamar University owned property. These listings are to be updated immediately
upon any change by providing a listing of the change to the City of Beaumont public
safety communications manager.
B. Other property owned, operated, or leased by Lamar University within the City of
Beaumont. These listings are to be updated immediately upon any change by
providing a listing of the change to the City of Beaumont public safety
communications manager,
ARTICLE 2:
BPD shall retain primary jurisdiction over non Lamar University owned property and
other streets subject to such assistance as may be requested of LUPD. LUPD may
exercise police powers under circumstances requiring immediate police response, as
required by law, or as fisted.
A. The neighboring areas bordering the university campus shall be considered
neighboring concurrent jurisdiction and subject to response and enforcement as
necessitated for public safety.
EXHIBIT "A"
B. Neighboring concurrent jurisdiction on public streets and property within the area as
described: Cardinal Drive to Highland; Highland to Adams; Adams to Martin Luther
King, Jr; Martin Luther King, Jr (including all Lamar University and Lamar Institute of
Technology property on the east side of MLK) to Cardinal Drive.
C. While in the performance of our duties, between our properties, to the jail, courts or
other business that we have authority to enforce regulation.
D. In addition to the neighboring concurrent jurisdiction described, LUPD, at the request
of BPD, may respond to provide assistance within the City of Beaumont, with the
authorization of the ranking on -duty patrol supervisors of the respective jurisdictions.
ARTICLE 3:
In the event LUPD requests the assistance of BPD to, act as the primary jurisdiction
authority, BPD reserves the right to respond and remain the primary authority until the
incident has been terminated. The ranking on -duty patrol supervisor of the respective
jurisdictions is the authorizing official.
ARTICLE 4:
The department exercising primary jurisdiction will have on scene command authority
over the placement and role of any concurrent jurisdiction officers. Concurrent
jurisdiction officers will notify the primary jurisdiction dispatcher prior to their presence at
the scene and will attempt notification to any primary jurisdiction officer at the scene.
ARTICLE 5:
BPD Arrests and Searches on Lamar University Property
A. BPD Officers desiring to make a felony warrant arrest on Lamar property, (residence
or structure), should contact the ranking on -duty patrol supervisor. The BPD officer
will be accompanied by an officer from LUPD. No arrest should be made while the
subject of the warrant is attending class. Disruption of a class in session should be
avoided, and appropriate discretion utilized to ensure public safety.
B. Misdemeanor warrants on persons who reside on the Lamar property, should be
executed with prior notification to the ranking on -duty patrol supervisor for LUPD.
BPD may be accompanied by an officer from LUPD, at the discretion of the ranking
on -duty patrol supervisor for LUPD.
C. On a search warrant, a representative of LUPD will accompany the BPD officers to
execute the search warrant.
ARTICLE 6:
LUPD Arrests and Searches on Other Property
A. LUPD Officers desiring to make a felony warrant arrest at a property, (residence or
structure), not designated by Article 1 should contact the Chief of Lamar Police or his
designee, and the ranking on -duty patrol supervisor for BPD. LUPD shall be
accompanied by an officer from BPD.
B. Misdemeanor warrants on persons who reside within the city of Beaumont, off the
Lamar property, should be served with prior notification to the Chief of Lamar Police
or his designee, and the ranking on -duty patrol supervisor for BPD. LUPD may be
accompanied by an officer from BPD, at the discretion of the on -duty patrol
supervisor for BPD.
C. On a search warrant, a representative of BPD will accompany the LUPD officers to
execute the search warrant.
ARTICLE 7:
Follow-up investigations will be handled and completed by the department which
handled the incident as the primary jurisdiction. Copies of offense reports shall be
provided to each agency as may be necessary for proper compliance with Federal
UCR/NIBRS reporting requirements. The Records Unit Supervisors for the respective
agencies shall coordinate providing copies of offense reports.
ARTICLE 8:
The dispatcher of the jurisdiction receiving or dispatching a call for service will:
A. Maintain via CAD entries. calls received, routed and dispatched to the other
jurisdiction, which may be produced as a list and shall be available upon request.
B. When referring a call to the other jurisdiction, advise the caller of the referral and stay
on the line until the other jurisdiction has received the call.
C. When dispatching a unit to the other department's primary jurisdiction for an
emergency response call or offense in progress report, notify the dispatcher of that
department.
ARTICLE 9:
Federal Clery Act Compliance
A. According to the federal Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act, postsecondary schools are required to disclose
statistics for certain crimes that occurred on campus and on public property within
and immediately adjacent to school -owned buildings and property.
B. The LUPD is required to disclose statistics that are reported to our department as
well as to local and state law enforcement agencies. This information will be
formerly requested in writing on at least a yearly basis.
C. Whenever possible, the BPD will notify the LUPD when they learn of a serious crime
occurring in the primary jurisdiction of LUPD, as stated in Article 2. Examples of
these crimes include: threats to safety and security of the Lamar campus, burglaries,
aggravated sexual assaults, homicide, arson and robberies or any other type of
crime that could pose a threat to students, faculty, staff and visitors of Lamar
University.
ARTICLE 10:
Each party to this agreement expressly waives the right granted by Section 362.003,
Texas Local Government Code, to request reimbursement for service performed under
the agreement.
ARTICLE 11:
Any law enforcement officer or other person who is assigned, designated, or ordered by
the chief law enforcement officer of the member which regularly employs him to perform
police or peace officer duties pursuant to this agreement, shall receive the same wage,
salary, pension, and all other compensation and all other rights for service, including
injury or death benefits, and workers' compensation benefits, the same as though the
services had been rendered within the limits of the member where he is regularly
employed. Moreover, all wage and disability payments, including workers'
compensation benefits, pension payments, damage to equipment and clothing, medical
expenses and expenses of travel, food, and lodging shall be paid by the member which
regularly employs such person in the same manner as though the service had been
rendered within the limits of the member where he is regularly employed.
ARTICLE 12;
In the event that any person performing law enforcement, police protection or detention
services pursuant to this agreement shall be cited as a party to any civil lawsuit, state or
federal, 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 had arising out of the
performance of his duties as a member of the department where he is regularly
employed.
ARTICLE 13:
Each party to the is agreement expressly waives all claims against every other party for
compensation for any loss, damage, personal injury, or death occurring as a
consequence of the performance of this agreement, except for acts in violation of law,
ARTICLE 14:
Third party claims against members shall be governed by the Texas Tort Claims Act or
other appropriate statues, ordinances or laws of the State of Texas and the United
States.
ARTICLE 15:
It is expressly understood and agreed that, in the execution of this agreement, no party
waives, nor shall be deemed hereby to waive, an immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental
powers and functions_
C. Jason Goodrich, Chief of Pollce Date Jimmy Singletary, Chief of Police Date
Lamar University Police Department City of Beaumont Police Department
JURISDICTIONAL AND INTERAGENCY SUPPORT
MEMORANDUM OF UNDERSTANDING:
LA.MAR UNIVERSITY POLICE._ DEPARTNIENT
AND C1 fY OF BEAUMON I PIOLIC E DEPARTP> FNT
�.=,r`iE4.{�:.t-1'i .,l...l,{t;U';,:ca L�ilUCat!G(tt..4�.t�..:�i:t1C'1 .'_`.�'..;' .:nturS ...'i�f.iili"i(1"iI'.S+iCinF?Ct,>'c3C:,:�
officers of SOate .tn'stittrt!3ns if hlgF e. :� f^ 3�1D � , I'�5� '°ilJf"i t .f:
'" Th: 3 r'" ;{�3S _f i iI G 'i i`n(' lent :f Cie. �` Wt. _. s 4.1 i of ,,f ., 1 0 confer= u'r`'
cot, missione, peMaCe officers of the City of [.—ea mii_ t,t ?rJfiS4l,Ct.:e'i ',vithin .ne City lrliits Lind fol
main PL1[PC)Se.S thf()Ughout',he C int;
BED 1T 1,...IEP',EFORE AGREED AS FOLLOWS Thaw ;he Lamar Universi`.y Police Depar'ment
1wP[ ana the City of Beaum. nt Police L,}epam-rient ;E po) priniary and conc rrent punsd icirions
sh;A'I he
',P FIC;LE 1
BPLi S ai t,9ir car, r;Currer 1 ,=_irisdi tion subject i requests for , ss!stEant e n'y L t1P', aii
exigent, realuiring immediate bolice response and l..UP(...? will aSSLir'lle
of ii?l >arV iwisdi,I-Jilon to rl-e fol tl'r'`v�nc7
Al ,_.amaf University owned I:7f(2{.:f,jy t:`Ie e list igs .are t) o�7 CIl.:dake i €i?lmindiajely'
it)C1( ,,,any t i':anCf I { t'r 'iG'fl! a lath?' of the change to the (.. ty ^t Beal.imor?t 'public
safet`,l cr'r?" tnunications fnanager
B Other property owned. opel,a,ed oi% leaser.. >}y Lar;iar University, Within the Clt' :ef
Beaumont 1"Oese listinas to )e ij;datCit ir7'I:''iedia?el j ijpc:. any, r i.c3t^ge ,
orovi(:mg ca lisisng of the crianrle to tilt:' '-'it, ,of Beal,lm ant i?'ublI , -i'eTy
?71i II S":'si ItiC);"ls manager
Ala TItL1EF.
BFID shall retain pi-irnar'y jUr!s iction Dv r no!, Lama University c ,>Fne' i pr "petty ,a)d
otIn r street`- `'Jb]e�ct to sL9ch .assistance as may lbe regUest: d of UJI-71D. LJPL) !nar'
£'f ISE (,"t; l ce powers Under ctrcumstc3iice >'::"q,,i1nng ,'Itli to . fl 3tf' r,)ohc T r,_`.s ponse a14
teciiiii-ed r" !a`,< :Jr -9M listed
areas bordering the im er''sitY campus pus shal . be c.'-ms
ftll?">r,rin`vt ..n .''"�'nt jurisdiction and `S'}I , c'. 'o re,-;po se anci Wilt ltc.'�`il ent 3
B t;eighb' rinig cc.onCLarent junsdictir; n on pudo streets and property 'rvithiri the area as
des✓ri1e a ._,aidir?al Dnve to Fdghiand, I-qhiandil ;o Adans; Adams to Martin Luther
Ef mg ,& Mar'; ri i. utner King Jr ' ir`,G13_ dir'ig A Wow University versit'y and L.^':imar Iwismiule of:
Fedwo5gy m ly on the east side --;f MILA. ':' ii. Car`iinal Devi
L A`hile; in the treilonnance of our duties, ot. r ; roperties, tc the ;ail _ 7t t o
other busr' e ss that we have SU',hOrrt'yt !Cl lPf011,"s' 1'E:gUlation
U in a;Jr_iltW to the neighboring _.r:sl,ti n described, LLJPD, at the re ;pies'
of BF41 may respond to ar%avtde a'swwan,-'e vvi'P-)^7 the City of Beaumont '")lth the
:arrthonz:ati.: n of the ranking onn ty r .atw ,perfisors of the respe,--Jive ,W.r Shc .tlOrlS
ARTICLE
In the event LLJPD requests the assistance of w;N to act as the primary jurisdabort
nuthority. DP' reserves the right to reset-nd and rernain the primary a-..itta`_ my Until t'ne
ncident has been tornairaaMd. The ranking on utv patrol supervisor of t res ;,t ve
r sjictions ,s, the authorizing official
ARTICLE-4
Tne departr.ieN ex cmir g � inmary junsdowoi W have on scent- +":C7r"r1 a ld a Iti on—ty
si,t 'f the placement and We of any C:arlcur,er ° jurUction officers. Concurrent
7'-i dion cOwEvs veil notify the pi imail lEir'ti.11or,-)r" dispatcher p -Jr to their pre Sen ;e at
he S4 ,r 4 and i!i attempt notification to :w, p ina, of jurisdiction Offit',P' at the s;ene
BPD At"msts and Searches on Lamar U'-i;veis0,i Property
;NFU Offrcers df sir ng to make a felony wa : d :_arrest an Lamar property nesiaerce
v` str; c'ure!' sl-l"ould, contact the rainkir:g ^" ' My },;; bol Se7jjor`,:'is^vr The GPD of's,
ti II r,,
ie a accompanied by an offner fi`'r , LI'l'i. No u,rFast 5fara!_tld be node w7 IV the
`;ubje t ^`,, the. ,.,arrant is attending da>s LORijw'lon of :a class in seswn `:t o id I;3C:
a tided and :ap(arrllan e dis.. etjon �itihz S to �-nsuire public safetj,
B Rliscle-aaeanof vvafrants r n persons d re.. ile he Laniar �-rcpe'ity shtx l..i he
,2 &CU ed ,ti:'h prior raotifir>atton tC the car u r d ;,; : rt;' Gatr S.,j ervisrrx }s r . !_)f f
BPI) may be accont pani d by arw .J ffi V `,r ! t. i,, IUD at the :Jjs ,retuct° F the i inkin?`1
dutyr, aCroi ,r ervisor for LUPD
_ a _ earcn warrant a r"presenAtive or t ir�F.) i ci,.:: T!, al lh,Y iB D 4 i.,e. t(?
1 e arch .,^,'arr ant
ARTICLE r
LUPD arrests and Searches on Other Pr:i;pert',
A LUPD 015cers desinng tC awe ,a felony r a f`awd arrest at a sopeny esidence c,r
tr1J{ftl1rre) not destC nWed by Agjde 1 shold v,oC'itas the Chef 0 t_amar t='dre or his
,desi inee, and the ranking ,ors-dutf patinol superviSCE." for BPD ! UPD tis-hall be
iccarnpar ed by air officer from BPED
t iv'l:ademeanor warrants on j:?e+'Sons evil;) rewde othin the city )f Bea; m rt. off the
1_:an'lar l,rorerty, shor,rld be served with u t notification to the Chief of Lamar Polio
a: rus designee, and the rani ing on -du" pairal psi. peNhor for BPD .._UPD may be
3 :yorTl,' a €ed by an oftic f"'7 r BPD, ai the drscretion ".f the yr i:3l It ;)aVo'.
C On a warsi s^warrant. a representatrve of BPD ,,vi l accomoar., the LUPD officers tc
-n eule Me search warrar:t
A R'.t.. l (' L. E "
. oilt')w up inv'estigiabons will be rlandwd and t,wni )feted by the. departr-' , °,'which
har',.dl 'd the i€,c.i Pent as the phniai y AoisdVion Copies ;of offense report! shall be
prr "ided to each agency as may be necessary for proper compliance with, Federal
UCR,iNlBRS ,Fp,,,: r ng requirements The Records gilt SLlper}>isors *or !re respective
ageives snali cuodel date pfovl ding copies of offense reports
A R T l `.: L I irk
The dispWor of the gms dictan rectivi _r a ,. .. spWc:hit g a carl ON sewi e vviil
A Maintain via CAD entries- calk received ro i ej and cispat'rl'"rt, d to ':ie other
?sir sdic'i.jr;, Midi may be i~:t"Ji:Il,1C:ed as a to and Mall be viva bble upon nequ ` t
f ':';'P)en rt t_ ring a call to the Other pursdation advise the cadlei c" `he ena am-! stay
An We hie '.wad the other ju sairtion ha .w: re ..:a!'grf: ir3 the gall
C, 1 leC` dispatching a LAM', to he other inepart`7 ent s pi niary juNsdonon for an
>.""'rCV}r_'!ncy response ;ail or offense irl pr+ g' ss i,ep+: I, n )tlf'y' -he ;, sp atcner of t`lat
`aepartft eri
P L =%ur a r I rFr ,cgrct : >riipl arse
A ,.ccord;ng to the federal Jeanne + lery Disi insure of Can-ipus Security Poh a dl
QaMus Cnme Statistics Act, postsecondary schools are required to lis€ lose
statistics for ceilah c imes Oat occurred on carnppus and on public property wthin
and {rT?melatel'y adjacimit to scho ol-o'vvnecl lbuilchrigs and proper"y
B Ke LLJP[) is re.,,uired to idisckose S`c` ystas that -ire reported to our d :partnient -vs
r li as to local and M aN law enforcement agencies Th;s info t ",ion ivill C)j'
tUrrredy 'equestecl if'. w!ltlr`q '3n nt least a yearl` basis
C Whenever ymssllble., the BPD will notity th:r LUPD `>"dhen they learn, of ) senous crime
OGC Jrring ir7 t;,e prir'iafy ;_irisdic:tion of t_UPU as staAd vi Art!ale 2 Exarr Nes tuf
these crimes mt,lude t':?oatS to Sa&Q and :ecu (ty of 'he Lamar caln—.- s Kaglane's",
a ,ra'vated sexjal assaults homicide, arson and robberies or any othe Nye
Tt tt a` .,. ljld rose a t "7reW to swdemsAawrty, staff and jisdors of Qr4 aj
iniversky
ART(iu,i..E '.
Ea::h party to this agmemeM expesty waiveS Me ight gmMed by ;SE,'Ctir n 362 003
Texas Local Govermnem Code 10 i"E,'e. Uest `E I?Y':E..irsennent for service vice peifrJirnee under
We agmenont
ARTICLE
A(—,.'{ law enf+or�;ement +oHner or J'.her person who is assigned, designated, or +. mere` by
the .,hief lamw eni r-ce i'e 1. Jff' er W the member hit n ,egularly er-ilolo,`s trim t. ei' or"n,
ooue or peace offrer duties pursuant to tnts agreement, slal' receive the
savvy pen son and all other compensabon and all other ngl is for se-'v`ice inchArng
1i i wj or death .".+*?'' eMs rid workers' t;:fit`t1G3'ensa'',.Ion b';',1;ehh. itlte same as Un:1gh T}!{;
sE:`'+;i::es had beerl n rl€"wed i^J+tNn Me Ilrnits of the i en-ine `<":Fhere he i E guiarly
ert ooyed 11't<'.ir?n.'o''1er all wage and Gisak>illty payments incl'._ dlri.-� worker;
cc7nrpensaaDon benehh, pension "yment& damage to egnlo ter t and clothmg rriecjl ll
expenses and expenses of travel, food. and o``ging shall be paja by ',he i i•
regWa'' y enjADys such person in the same majr fe as 1,nr) g,n the service !-ia:'1 be(a
nanderea ath i Me Idnids of Me member LNi? re Fier .s iegusiiy Erns IW will
ARTICLE ?
In tie event that any person pe forr-ning iavV police protectip. .... ,J,.ieni!on
sr',rl I, E:fa` ou suavt to Ams agreement shah be cled as ca p any to any civil Ia'vas: °. wale or
fecle al ar is!nq out of the per -form come of those .wE3Nce`.s he shaibe entitle d to he same
...eMs Hat he would be eArted to recewe :f such W ad an had unang W of
p' Jti7:cr1C.+.. ct its tJuti:.s as a membe, of e he. is reguraOi
n {:> I o ,yet!
Each, pany to tie is gree'," en! exprr ss y' waives, es, M oams against eveyWer arty for
cornpens=atton; ftor any less, damage, pemonal o jury, or death occurring as a
consequence of the pee-f`Jrmance GT his aCamernew except for acts in vrci at' n of law
AI-�TI ;i..F 14
hind party cla t ,'s c3gair l (i embus s1haH be gaurtned "y "he Texas 'r ort t lai ns Act 0,
other appropriate stiihres, Wnances or ha,,.;js c,t the., Stale of Fexas and 'he United
Siates
it IS eXPreSSly Ldt a stfJi.d and agmed Vat. In ,3'e exec_1bon of this airgru":.'ment, i,;4 party.
v'Vi '.ves, nor sma i be deemed ed hereby ,o L ,'k .3i1 :'7}tl ':i;ity or die"ense that irarcul;di
Vthe. ,,Ise oo a'i=E e to ra ag a r st da is =3r ` irg !n the L"xe mse of gCav . n enwi
j"5(`+weiS aI" d tl'"iGTlCws