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09 - INTERLOCAL LAW ENFORCEMENT AGREEMENT WITH CHISUM ISDItem No. 9 memorandum TO: City Council John Godwin, City Manager FROM: Bob Hundley, Chief of Police SUBJECT: INTERLOCAL LAW ENFORCEMENT AGREEMENT WITH CHISUM INDEPENDENT SCHOOL DISTRICT DATE: October 27, 2015 BACKGROUND: The Chisum Independent School District has hired a School Resource Officer and formed their own campus police department. STATUS OF ISSUE: Texas Education Code 37.081(g) requires that the two agencies, Chisum Campus Police and the Paris PD outline reasonable communication and coordination efforts between the two agencies. The Interlocal Law Enforcement Agreement mirrors the present agreement in place with the Paris Independent School District. BUDGET: There is no impact to the police department budget. RECOMMENDATION: Approve the resolution for the Interlocal agreement. Draft RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL LAW ENFORCEMENT AGREEMENT BETWEEN THE CITY OF PARIS POLICE DEPARTMENT AND CHISUM INDEPENDENT SCHOOL DISTRICT PERTAINING TO LAW ENFORCEMENT FUNCTIONS ON CHISUM PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chisum Independent School District and the City of Paris Police Department desire to enter into an Interlocal Law Enforcement Agreement to become effective upon Chisum Independent School District Police Department receiving TCOLE certification; and, WHEREAS, CISD has commissioned peace officers and created a law enforcement agency known as the Chisum Independent School District Police Department; and, WHEREAS, the primary duties of Chisum Independent School District Police Department commissioned officers are as follows: • To provide a safe and secure environment for students, staff and citizens while those individuals are participating in school - sponsored activities, including, but not limited to, school - related activities, extra - curricular activities, and transit to and from such activities. • To protect the property of the District, including real and personal property located inside and outside the boundaries of the District, that is owned, leased, rented or otherwise under the control of the District. • To protect the personal property of those individuals engaged in school - related activities; and, WHEREAS, A CISD -PD officer's jurisdiction includes all territory within the geographic boundaries of the District, or within the State of Texas while those individuals are under the direct supervision of the District; and WHEREAS, the City of Paris and Chisum Independent School District intend by this Agreement to formalize a framework for the interaction of their respective police departments to conserve the public's resources, to avoid duplication of services, to maximize operational efficiency, and to provide for the exchange of information between the two police departments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Interlocal Law Enforcement Agreement between the City of Paris and Chisum Independent School District, attached hereto and incorporated herein as Exhibit "A ", be, and the same is hereby approved. Section 3. That the City Chief of Police, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Interlocal Law Enforcement Agreement with the Chisum Independent School District substantially in accordance with the form of the Agreement attached hereto as Exhibit "A ". Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 16th day of November, 2015. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney LAW ENFORCEMENT INTERLOCAL AGREEMENT This Law Enforcement Interlocal Agreement ( "Agreement ") is entered into by and between the City of Paris, Texas ( "City ") and the Chisum Independent School District ("CISD "). Recitals WHEREAS, Chapter 37, Subchapter C of the Texas Education Code gives authority to the Board of Trustees of CISD to establish a police force by employing security personnel, authorizing them to bear arms, and commissioning them as peace officers; and WHEREAS, by resolution dated July 11, 2005, the Board of Trustees of CISD authorized the establishment of such a police force - the Chisum Independent School District Police Department ( "CISD -PD ") - with statutory jurisdiction over all territory in the boundaries of the school district and all property which may be located outside the school district that is owned, leased, or rented by or otherwise under the control of CISD; and WHEREAS, pursuant to Sections 2.12 and 2.13 of the Texas Code of Criminal Procedure, the peace officers commissioned by CISD have the duty to preserve the peace within their jurisdiction, to use all lawful means to effect this purpose, to interfere without warrant to prevent or suppress crime when authorized by the provisions of the Code of Criminal Procedure, to execute all lawful process issued to them by any magistrate or court, to give notice to some magistrate of all offenses committed within their jurisdiction, where they have good reason to believe there has been a violation of the penal law, and to arrest offenders without warrant in every case where they are authorized by law, in order that such offenders may be taken before the proper magistrate or court and be tried; and WHEREAS, the jurisdiction of the Paris, Texas Police Department ( "PPD ") overlaps the jurisdiction of CISD -PD; and Section 37.081(g) of the Texas Education Code provides that a school district police department and the law enforcement agencies with which it has overlapping jurisdiction shall outline reasonable communication and coordination efforts between the department and the agencies; and WHEREAS, the City and CISD desire to promote mutual cooperation and interaction by and between PPD and CISD -PD with the ultimate goal of providing a safe and orderly environment within the schools and surrounding areas that will foster the education of children; and WHEREAS, the City and CISD intend by this Agreement to formalize a framework for the interaction of their respective police departments to conserve the public's resources, to avoid duplication of services, to maximize operational efficiency, and to provide for the exchange of information between the two police departments. NOW THEREFORE, pursuant to Chapter 791 of the Texas Government Code (commonly referred to as the Interlocal Cooperation Act), and in consideration of the premises and the mutual promises, covenants and agreements contained herein, the City and CISD hereby agree as follows: Article 1. Responsibilities of PPD and CISD -PD The City and CISD realize that every single circumstance in which their respective police departments may interact cannot possibly be outlined in this Agreement. Thus, the City and CISD outline the following general responsibilities for their respective police departments: 1.1 CISD -PD Jurisdiction. CISD -PD jurisdiction shall be concurrent with the jurisdiction of PPD at all property owned by CISD or in use by the Chisum Independent School District staff, employees or students in connection with CISD sponsored or sanctioned events. 1.2 Mutual Support. PPD and CISD -PD will mutually support and cooperate with one another in the suppression of criminal acts, investigation of criminal activity, and the enforcement of laws. They shall notify each other of all activities, violations, arrests, and other matters as required under Article 15.27 of the Texas Code of Criminal Procedure and Section 37.081 of the Texas Education Code. They shall endeavor to conduct their dealings with each other in a courteous, professional, cooperative, and amicable manner to achieve the goal of the City and CISD to provide a safe and orderly environment within the schools and surrounding areas that will foster the education of children. 1.3 Mutual Aid. When feasible, PPD and CISD -PD shall assist and aid each other with law enforcement personnel and to make available such equipment or facilities as may be requested for the suppression or investigation of crime and the maintenance of public safety during natural disasters, major incidents of civil disorder, situations where the incident or offense exceeds the limited resources of CISD, or other exceptional events or circumstances occurring within the overlapping jurisdictional area of the City and CISD. (The City and CISD do not intend for sporting and other planned school events to be considered as exceptional events or circumstances which would require the mutual aid as described in this paragraph.) Requests for mutual aid shall be made either by the parties' governing bodies, their respective chief administrators or designees, or their respective chiefs of police. 1.4 Investigation and Enforcement. CISD -PD shall have the primary responsibility with regard to investigation and enforcement of the laws and city ordinances pertaining to incidents which occur within the jurisdiction of CISD -PD; unless CISD and the PPD determine that the best interests of the public would be to defer such investigation and enforcement to the PPD. It is understood by both CISD and the City that serious incidents occurring on CISD property or within the jurisdiction of CISD including but not limited to homicides, death investigations, Penal Code Chapter 21 Sexual Offenses of felony grade, Penal Code Chapter 22 Assaultive Offenses of felony grade, and incidents which require the deployment of the Paris SWAT Team, will be primary responsibility of the PPD. All property crimes occurring on CISD -PD jurisdiction with a loss of less than $20,000.00 will be the responsibility of CISD -PD to investigate. 1.5 Police Department Call- for - Service. Upon receipt of a call- for - service from the requesting police department, the receiving police department shall promptly dispatch and officer or officers as requested. In such situations, the parties generally intend for the department that primarily investigates the incident to complete the processing of the case for submission to the appropriate prosecuting authority, unless the respective department police chiefs mutually agree to a different arrangement on a case -by -case basis. 1.6 Emergency Calls. Upon receipt of an emergency call- for - service from the public, the receiving police department shall dispatch a police officer to respond. The officer dispatched to the scene shall secure the situation and hold the scene until a unit from the other department arrives, at which time a determination will be made which police department has the primarily responsibility for handling the incident. Nothing herein should be construed to prevent an officer of either department from taking any action necessary to protect life, limb, and or property or preventing the escape of a suspect. 1.7 Non - emergency calls. Upon receipt of a non - emergency call- for - service from the public pertaining to investigation or enforcement of an incident that is within the primary responsibility of the other police department, the receiving department will (1) inform the caller that the other department will be notified and (2) shall promptly notify the other department of the call. 1.8 Breach of the Peace. Nothing herein should be construed to prevent a peace officer of either department from fulfilling his or her duty to preserve the peace wherever the officer is located. 1.9 Costs. Both the City and CISD shall bear the responsibility of their own costs and expenses in performing this Agreement. 1.10 Operating Procedures. Both the City and CISD may promulgate joint internal operating procedures consistent with this Agreement. Article 2. General Provisions 2.1 Governing Law and Venue. This Agreement shall be governed exclusively by the laws of the State of Texas. Venue for any dispute arising from this Agreement shall be in the district courts of Lamar County, Texas. 2.2 Section Headings and Construction. The headings of sections in this Agreement are for reference only and shall not affect the meaning of this Agreement. In construing this Interlocal agreement, none of the parties hereto shall have any term or provision, or any uncertainty or ambiguity as to any provisions herein, construed against such party solely by reason of such party having drafted the same. 2.3 Severability. If any provision of this Agreement is held to be illegal, unenforceable or invalid for any reason, the remaining provisions shall not be affected or impaired thereby. 2.4 Independent Contractors. The City and CISD are independent contractors. This Agreement shall not constitute the formation of a partnership, joint venture, employment or master /servant relationship. Neither the City nor CISD on the one hand, or PPD and CISD -PD on the other hand, (i) shall exercise control over the performance of the other hereunder, or (ii) shall be deemed to be the agent, employee, or representative of the other party. 2.5 Termination. At any time either the City or CISD determine the best interests of the public would be served by terminating this Agreement, they may do so at any time thirty days after notice of termination has been provided to the other party. Such notice shall be in writing and addressed to the following persons: City: Mr. John Godwin City Manager City of Paris, Texas P.O. Box 9037 Paris, Texas 75460 CISD: Mr. Tommy Chalaire Superintendent of Schools Chisum Independent School District 3250 Church Street Paris, Texas 75460 IN WITNESS THEREOF, the parties hereto have caused this Agreement to execute by their duly authorized officers. CITY OF PARIS, TEXAS By: John Godwin, City Manager CHISUM INDEPENDENT SCHOOL DISTRICT: By: Tommy Chalaire, Superintendent of Schools Date: Date: