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HomeMy WebLinkAboutPR 20914: CHIEF OF POLICE, MEMORANDUM OF UNDERSTANDING WITH PORT ARTHUR INDEPENDENT SCHOOL DISTRICT P.R. No. 20914 07/12/19 vt/dm RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER AND CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT AS PERTAINS TO THE NEWLY FORMED PORT ARTHUR INDEPENDENT SCHOOL DISTRICT (PAISD) POLICE DEPARTMENT PURSUANT TO CHAPTER 37 OF THE TEXAS EDUCATION CODE. WHEREAS, pursuant to Chapter 37 of the Texas Education Code, the Port Arthur Independent School District (PAISD) has recently formed a school district police department; and WHEREAS, a school district police officer shall perform law enforcement duties for the school district. Those duties must include protecting the safety and welfare of any person in the jurisdiction of the peace officer and the property of the school district; and WHEREAS, the jurisdiction of a peace officer under this section has been determined by the PAISD Board of Trustees and includes all territory within the boundaries of the school district and all property outside the boundaries of the school district that is owned, leased, or rented by or otherwise under control of the school district; and WHEREAS, the Port Arthur Independent School District Police Department share portions of the jurisdiction and boundaries of Port Arthur, Texas. Therefore, both law enforcement agencies will have overlapping duties. WHEREAS, Pursuant to the Texas Education Code Section 37.081 (g), a school district police department and the law enforcement agencies shall enter into a Memorandum of Understanding (MOU) that outlines reasonable communication and coordination efforts between the departments and agencies; and WHEREAS, it is in the best interest of the citizens of Port Arthur to allow the City of Port Arthur Police Department (PAPD) to enter into a Memorandum of Understanding (MOU) with the Port Arthur Independent School District (PAISD) outlining the responsibilities of both law enforcement agencies. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That City Council hereby authorizes the Interim City Manager and Chief of Police to execute a Memorandum of Understanding (MOU) with PAISD on behalf PAPD in substantially the same form as Exhibit A. Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of , 2019 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: , Councilmembers: , NOES: . Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: V;Z/Z-67t dt— Valecia R. Tizeno, City Attorne APPROVED FOR ADMINISTRATION: Rebecca Underhill, Interim City Manager ,1 ,/ . ,` 712-1 Q X133"1 Timothy Duriso, Chief of 'olice Exhibit "A" MEMORANDUM OF UNDERSTANDING BETWEEN PORT ARTHUR INDEPENDENT SCHOOL DISTRICT AND PORT ARTHUR POLICE DEPARTMENT This Memorandum of Understanding is made by and between the City of Port Arthur Police Department ("PAPD") and the Port Arthur Independent School District ("PAISD"), WHEREAS, the Texas Education Code Section 37.081 provides that a school district may commission peace officers. The jurisdiction of a peace officer under said chapter 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 otherwise under the control of the school district and the board of trustees. WHEREAS, the Texas Education Code requires that the school district police and the law enforcement agencies with which it has overlapping and concurrent jurisdiction shall enter into a memorandum of understanding that outlines reasonable communication and coordination of efforts between the department and the agencies; WHEREAS, Chapter 791 of the Texas Government Code authorizes local governments to contract with each other to provide governmental functions and services; and WHEREAS, the Port Arthur Police Department (PAPD) is a department of the City of Port Arthur, which is home rule municipality governed under the laws of the State of Texas. WHEREAS, the Port Arthur Independent School District (PAISD) is a Texas school district and governmental entity as set forth in Texas Government Code 791.003 WHEREAS, PAPD and PAISD acknowledge that they share overlapping and concurrent jurisdiction and agree to provide each other with such overlapping jurisdiction in accordance with the terms and conditions of this Agreement; WHEREAS, this document shall serve as the MOU addressing the requirements of Section 37.081 of the Texas Education Code and the intentions of the parties. NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, under the authority of Chapter 791 of the Texas Government Code and Chapter 37.081 of the Texas Education Code, the parties agree as follows: 1 Article 1— Duties and Responsibilities With an interest of creating and maintaining a cooperative atmosphere between the Port Arthur Independent School District Police Department and City of Port Arthur Police Department, it is agreed and understood that Port Arthur Independent School police officers will enforce criminal laws and/or breaches of the peace. The Primary duties of Police officers commissioned by the Port Arthur Independent School District are as follows: Provide a safe and secure environment for students, staff and citizens while those persons are participating or attending school sponsored activities, students in transit to and from school, or any other school related activity on or off the campus. Protect the property of the Port Arthur Independent School District including real and personal property located inside and outside boundaries of the District that is owned, leased, rented, or otherwise under the control of the district. Protect the personal property of those individuals engaged in school related activities. In addition, Port Arthur Independent School District Police Officers may be required to respond to life threatening situations or violations that come to their attention requiring immediate police intervention. Article 2- Jurisdiction The jurisdiction of PAISD shall be concurrent and overlapping with that of the PAPD. Both entities hold joint responsibility as first responder and over all offenses which occur on any PAISD Property. Both parties will also have jurisdiction and authority to pursue, arrest, apprehend, and investigate within the geographical boundaries of the PAISD when such action is related to or arising from an act, incident, or crime occurring within or involving PAISD. Performance of these duties includes all territory within the geographical boundaries of the District or within the State of Texas while those individuals are under direct supervision of the District. In the event police action is taken by a Port Arthur Independent School District Police Officer outside school district jurisdiction but within the Primary Jurisdiction of the City or Port Arthur Police Department, a report of that Police Action will be forwarded to the Office of the Chief of Police, Port Arthur City Police Department. The Port Arthur Independent School District Police Department will notify the City of Port Arthur Police Department of any incident or situation on any property owned, leased, rented or 2 under the control of the Port Arthur Independent School District that may affect the safety of the residents of the City of Port Arthur. Article 3—Reports and Communications Both parties shall prepare and shall be responsible for all Offense reports and case reports in matters in which police officers of either agencies have responded. Both parties shall fully cooperate with one another in the completion of all investigations and follow up that is required for final disposition of all criminal matters and actions taken under the terms of this agreement. PAPD and PAISD will comply with the provisions under Texas Code of Criminal Procedure, Art. 15.27 and other applicable provisions of Texas law including but not limited to the Texas Education Code. Any notice required or permitted to be given hereunder shall be in writing and shall be delivered or sent by certified mail, postage prepaid, as set forth below: Rebecca Underhill, Interim City Manager Mark Porterie, Superintendent City of Port Arthur, Texas Port Arthur Independent School District 444 4th Street 4801 9th Avenue Port Arthur, Texas 77641-1089 Port Arthur, Texas 77642 Timothy Duriso, Chief of Police Alton Baise, Chief of Police Port Arthur Police Department Port Arthur Independent School District 645 4th Street 4801 9th Avenue Port Arthur, Texas 77641 Port Arthur, Texas 77642 The term of this agreement shall be for a period of one (1) calendar year from the date of execution by both parties and can be renewed annually for successive (1) year periods. This agreement can be terminated by either the Port Arthur Independent School District or the City of Port Arthur with ninety(90) days notice in writing to the City of Port Arthur and the Port Arthur Independent School District. 3 Alton Baise, Chief of Police, Port Arthur Independent School District Police Department Timothy Duriso, Chief of Police, Port Arthur Police Department Dr. Mark Porterie, Superintendent, Port Arthur Independent School District Rebecca Underhill Interim City Manager, City of Port Arthur 4