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CM-2015-955 - 10/30/2015MEMORANDUM OF UNDERSTANDING CONCERNING COMMUNICATION AND COORDINATION BETWEEN THE HUTTO INDEPENDENT SCHOOL DISTRICT POLICE DEPARTMENT AND THE ROUND ROCK POLICE DEPARTMENT This Memorandum of Understanding (this "MOU'D is made and entered into by and between the following parties: the Hutto Independent School District Police Department and the Round Rock Police Department. WHEREAS, Texas Education Code §37.081(8) provides that a school district police department and the law enforcement agencies with which it has overlapping jurisdiction (map attached) shall enter into a memorandum of understanding that outlines reasonable communication and coordination efforts between the department and the agencies; and WHEREAS, the Hutto Independent School District Police Department (HSID PD) has overlapping jurisdiction with the Round Rock Police Department (RRPD) and desires to enter into such a memorandum of understanding with regard to communication and coordination of efforts between the agencies; and WHEREAS, it is the desire of the two agencies to assist one another in the notification and investigation of certain criminal offenses occurring in the territorial jurisdictions of the two entities; and WHEREAS, this cooperative effort will assist in the agencies' respective responsibilities and mission to serve the citizens of the City of Round Rock and the Hutto Independent School District (HISD); NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this memorandum of understanding, the undersigned parties agree as follows: I. Notification Between Parties. HISD Police Department to Notify the Round Rock Police Department A. A HISD PD Supervisor will call the Williamson County Emergency Communication Center (WILCO) to advise of any serious incident that occurs within the city limits of Round Rock and if resources from both agencies are needed for the good of the community and the success of the investigation. These include, but are not limited to, the following. 1. Any 1" degree felony. 2. Murder or attempted murder. 3. Aggravated robbery where a firearm or knife is used. 4. Aggravated sexual assault. 5. Sexual assault of an adult or a child. 6. Any indecent exposure or solicitation of a child report. This includes pornographic pictures being taken of children or shown to children. 7. Aggravated assault where a gun or weapon is used or threatened. 8. Aggravated kidnapping. 9. Any EOD or explosive weapon is used or threatened. 10. Any disturbance where a mass or group is involved (i.e. riot). 11. Any criminal intelligence information developed by a HISD officer concerning any criminal incident which has occurred, or is planned for, off HISD property and within RRPD jurisdiction. 12. Any other situation where the HISD officer decides there is a need based on impact to the community, impact to public safety, or requires an immediate response that may need involvement from both agencies. This is designed to encourage open communication between the two departments. B. Once contacted by HISD PD, the WILCO Emergency Communications Center will contact a RRPD Patrol Supervisor advising the supervisor where the incident occurred along with a contact number for the HISD PD Supervisor to determine what, if any, response is needed from RRPD. This decision should be based on the resources needed to accomplish the investigative goal and to serve the community. Round Rock Police Department will notify HISD Police Department when: C. RRPD officers are to notify the WILCO Emergency Communication Center to advise of the following incidents involving HISD students or school safety that occur within the city limits of Round Rock: 1. All HISD bus accidents. 2. Any SWAT call up on HISD property (addresses attached). 3. Any armed suspect on school grounds during school hours. 4. Any sex crimes or suspicious person around school properties who is approaching students walking to and from school. 5. Any fires or complete road blockages around schools during school hours. 6. Any death of a HISD student or staff member. 7. Any pre -planned tactical operation planned during school hours within close proximity of a school (i.e. a pre -planned search warrant). While details are not necessary, there may be a request to limit traffic flow around the target area, and HISD schools in the area. 8. Any 911 calls received originating on school campuses during tunes when HISD PD Officers are scheduled to be on school campuses. Generally weekdays 0730 hours to 1630 hours. 9. Any calls responded to after hours or holidays involving school property which require a criminal investigation follow-up which are of a serious nature, generally considered felony offenses. Less serious offenses that do not require immediate action may be reported to communications for follow-up by HISD PD personnel during regular hours. II. Investigations A. If the decision is made to call in additional RRPD resources for an incident which has occurred on school property but within the city limits of Round Rock or for which the HISD PD initiated the response, the on -scene RRPD Supervisor and HISD PD Supervisor will decide which agency will take the lead. B. The parties have agreed that in any case in which HISD PD initiated the investigation and for which RRPD requests the lead, HISD PD will afford RRPD that authority. In order to maintain the flow of information between the agencies, however, one HISD PD officer will be assigned to work with the RRPD officer in the investigation. This collaboration will allow the HISD PD and RRPD to stay informed and team their resources to accomplish the investigative goal. C. It is understood that HISD PD's primary investigative duty is in school - related matters throughout the Hutto Independent School District and its secondary duty is to all other matters that may come within its jurisdiction. D. It is also understood that there may be situations in which the citizens of Round Rock and the Hutto Independent School District may be better served by the initial agency retaining primary jurisdiction over the investigation and processing of the offense. III. Information and Record Sharing A. RRPD and HISD PD agree to follow guidelines contained in the Texas Family Code (Chapter 58) and the Family Educational Records Privacy Act (20 USC Section 1232g, and following) governing the sharing of student and juvenile information, as well as all regulations governing the sharing of student and juvenile information. B. Specific requirements: 1. Information disclosed under this agreement relates to the juvenile justice system's ability to serve, before adjudication, the student whose records are being released. 2. Information obtained shall not be disclosed to a third party, other than another juvenile justice agency, except as permitted or required by law. 3. Information received under this section shall be destroyed, if permitted or required by applicable law, when the child is no longer under the jurisdiction of a juvenile court. IV. Off Duty Employment A. Either party may employ law enforcement officers from the other party for special events or occasions. Such employment may be approved or denied in accordance with the employed officer's departmental policy and procedures for off duty employment. B. When employed as an off-duty officer, the off-duty officer shall adhere to the direction of the employing party's on -duty police supervisor. V. Liability, Immunities, and Defenses A. Nothing herein shall be deemed or construed to create a partnership, joint venture, joint enterprise, employer-employee relationship, or principal -agent relationship between RRPD and HISD PD. B. No party to this MOU shall be responsible for the acts of an employee of another party. C. It is expressly understood and agreed that neither party waives, not shall be deemed to have waived, any immunity or defense otherwise available to it under the law. V. Termination and Renewal A. Either party may withdraw from and terminate this memorandum of understanding on twenty (20) days written notice to the other party. B. This memorandum of understanding is effective when signed by both parties. The memorandum of understanding shallremain in effect for an initial term to expire on September 30, 2016. It shall automatically renew annually, on October 1 of each successive year for up to five (5) years; unless terminated by either party by written notice given according to the terms of this memorandum of understanding. Signed: Laurie Hadley J City Manager City of Round Rock Date: / 1, ✓ `�/� a J% Attachments: Addresses of Hutto ISD Properties Map of Overlapping Police Jurisdiction Rick Stone Chief of Police Hutto ISD Police Department Date: //"/S" 201'e - Addresses of Hutto ISD Properties Hutto ISD Police Department 351 Carl Stern Drive Hutto, TX 78634 Hutto High School 101 FM 685 Hutto, TX 78634 Farley Middle School 303 CR 137 Hutto, TX 78634 Hutto Middle School 1005 Exchange Blvd. Hutto, TX 78634 Cottonwood Creek Elementary 3160 Limmer Loop Hutto, TX 78634 Howard Norman Elementary 101 Llano River Trail Hutto, TX 78634 Hutto Elementary 100 Mager Lane Hutto, TX 78634 Nadine Johnson Elementary 480 Carl Stern Drive Hutto, TX 78634 Ray Elementary 225 Swindoll Lane Hutto, TX 78634 River Horse Academy 200 College Street Hutto, TX 78634 Veterans' Hill Elementary 555 Limmer Loop Round Rock (etj), TX 78665 Hutto ISD Administration 200 College Street Hutto, TX 78634 Hutto ISD Maintenance Facility 4035 N. FM 1660 Hutto, TX 78634 Hutto ISD Bus Barn 307 E. Live Oak Hutto, TX 78634 Hutto TSD Administration Annex 302 Taylor Street Hutto, TX 78634 Hutto ISD Ag Barn 350 CR 99 Hutto, TX 78634 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Memorandum of Understanding with Hutto Independent School District Police Department concerning communication and coordination between the two (2) Police Departments. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/30/2015 Dept Director: Cost: Indexes: Attachments: Hutto ISD PD LAF, Hutto ISD PD MOU, HISD-CORR Map Department: Police Department Text of Legislative File CM -2015-955 Consider executing a Memorandum of Understanding with Hutto Independent School District Police Department concerning communication and coordination between the two (2) Police Departments. The Hutto Independent School District extends into the easternmost portion of the City, and that school district earlier this year began development of its own police department. The proposed Memorandum of of Understanding (MOU) provides Round Rock and HISD police departments with the foundation for a solid working relationship across these overlapping jurisdictions. Through the MOU, the two departments will be able to convey information regarding incidents that cross jurisdictions, request assistance in investigations, and advise of serious incidents that occur within the two agencies. Staff recommends approval City of Round Rock Page 1 Printed on 1012912015 PENDING FINAL SIGNATURE FROM OTHER PARTY MEMORANDUM OF UNDERSTANDING CONCERNING COMMUNICATION AND COORDINATION BETWEEN THE HUTTO INDEPENDENT SCHOOL DISTRICT POLICE DEPARTMENT AND THE ROUND ROCK POLICE DEPARTMENT This Memorandum of Understanding (this "MCU") is made and entered into by and between the following parties: the Hutto Independent School District Police Department and the Round Rock Police Department. WHEREAS, Texas Education Code §37.081(p) provides that a school district police department and the law enforcement agencies with which it has overlapping jurisdiction (map attached) shall enter into a memorandum of understanding that outlines reasonable communication and coordination efforts between the department and the agencies; and WHEREAS, the Hutto Independent School District Police Department (HSID PD) has overlapping jurisdiction with the Round Rock Police Department (RRPD) and desires to enter into such a memorandum of understanding with regard to communication and coordination of efforts between the agencies; and WHEREAS, it is the desire of the two agencies to assist one another in the notification and investigation of certain criminal offenses occurring in the territorial jurisdictions of the two entities; and WHEREAS, this cooperative effort will assist in the agencies' respective responsibilities and mission to serve the citizens of the City of Round Rock and the Hutto Independent School District (HISD); NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this memorandum of understanding, the undersigned parties agree as follows: I. Notification Between Parties. HISD Police Department to Notify the Round Rock Police Department A. A HISD PD Supervisor will call the Williamson County Emergency Communication Center (WILCO) to advise of any serious incident that occurs within the city limits of Round Rock and if resources from both agencies are needed for the good of the community and the success of the investigation. These include, but are not limited to, the following: 1. Any 1" degree felony. 2. Murder or attempted murder. 3. Aggravated robbery where a firearm or knife is used. 4. Aggravated sexual assault. 5. Sexual assault of an adult or a child. 6. Any indecent exposure or solicitation of a child report. This includes pornographic pictures being taken of children or shown to children. 7. Aggravated assault where a gun or weapon is used or threatened. 8. Aggravated kidnapping. 9. Any EOD or explosive weapon is used or threatened. 10. Any disturbance where a mass or group is involved (i.e. riot). 11. Any criminal intelligence information developed by a HISD officer concerning any criminal incident which has occurred, or is planned for, off HISD property and within RRPD jurisdiction. 12. Any other situation where the HISD officer decides there is a need based on impact to the community, impact to public safety, or requires an immediate response that may need involvement from both agencies. This is designed to encourage open communication between the two departments. B. Once contacted by HISD PD, the WILCO Emergency Communications Center will contact a RRPD Patrol Supervisor advising the supervisor where the incident occurred along with a contact number for the HISD PD Supervisor to determine what, if any, response is needed from RRPD. This decision should be based on the resources needed to accomplish the investigative goal and to serve the community. Round Rock Police Department will notify HISD Police Department when: C. RRPD officers are to notify the WILCO Emergency Communication Center to advise of the following incidents involving HISD students or school safety that occur within the city limits of Round Rock: 1. All HISD bus accidents. 2. Any SWAT call up on HISD property (addresses attached). 3. Any armed suspect on school grounds during school hours. 4. Any sex crimes or suspicious person around school properties who is approaching students walking to and from school. 5. Any fires or complete road blockages around schools during school hours. 6. Any death of a HISD student or staff member. 7. Any pre -planned tactical operation planned during school hours within close proximity of a school (i.e. a pre -planned search warrant). While details are not necessary, there may be a request to limit traffic flow around the target area, and HISD schools in the area. 8. Any 911 calls received originating on school campuses during times when HISD PD Officers are scheduled to be on school campuses. Generally weekdays 0730 hours to 1630 hours. 9. Any calls responded to after hours or holidays involving school property which require a criminal investigation follow-up which are of a serious nature, generally considered felony offenses. Less serious offenses that do not require immediate action may be reported to communications for follow-up by HISD PD personnel during regular hours. II. Investigations A. If the decision is made to call in additional RRPD resources for an incident which has occurred on school property but within the city limits of Round Rock or for which the HISD PD initiated the response, the on -scene RRPD Supervisor and HISD PD Supervisor will decide which agency will take the lead. B. The parties have agreed that in any case in which HISD PD initiated the investigation and for which RRPD requests the lead, HISD PD will afford RRPD that authority. In order to maintain the flow of information between the agencies, however, one HISD PD officer will be assigned to work with the RRPD officer in the investigation. This collaboration will allow the HISD PD and RRPD to stay informed and team their resources to accomplish the investigative goal. C. It is understood that HISD PD's primary investigative duty is in school - related matters throughout the Hutto Independent School District and its secondary duty is to all other matters that may come within its jurisdiction. D. It is also understood that there may be situations in which the citizens of Round Rock and the Hutto Independent School District may be better served by the initial agency retaining primary jurisdiction over the investigation and processing of the offense. III. Information and Record Sharing A. RRPD and HISD PD agree to follow guidelines contained in the Texas Family Code (Chapter 58) and the Family Educational Records Privacy Act (20 USC Section 1232g, and following) governing the sharing of student and juvenile information, as well as all regulations governing the sharing of student and juvenile information. B. Specific requirements: 1. Information disclosed under this agreement relates to the juvenile justice system's ability to serve, before adjudication, the student whose records are being released. 2. Information obtained shall not be disclosed to a third party, other than another juvenile justice agency, except as permitted or required by law. 3. Information received under this section shall be destroyed, if permitted or required by applicable law, when the child is no longer under the jurisdiction of a juvenile court. IV. Off Duty Employment A. Either party may employ law enforcement officers from the other party for special events or occasions. Such employment may be approved or denied in accordance with the employed officer's departmental policy and procedures for off duty employment. B. When employed as an off-duty officer, the off-duty officer shall adhere to the direction of the employing party's on -duty police supervisor. V. Liability, Immunities, and Defenses A. Nothing herein shall be deemed or construed to create a partnership, joint venture, joint enterprise, employer-employee relationship, or principal -agent relationship between RRPD and HISD PD. B. No party to this MOU shall be responsible for the acts of an employee of another party. C. It is expressly understood and agreed that neither party waives, nor shall be deemed to have waived, any immunity or defense otherwise available to it under the law. V. Termination and Renewal A. Either party may withdraw from and terminate this memorandum of understanding on twenty (20) days written notice to the other party. B. This memorandum of understanding is effective when signed by both parties. The memorandum of understanding shall remain in effect for an initial term to expire on September 30, 2016. It shall automatically renew annually, on October 1 0£ each successive year for up to five (5) years; unless terminated by either party by written notice given according to the terns of this memorandum of understanding. Signed: AM, Laure Hadley City Manager City of Round Rock Date: r Attachments: Addresses of Hutto ISD Properties Map of Overlapping Police Jurisdiction Rick Stone Chief of Police Hutto ISD Police Department Date: Addresses of Hutto ISD Properties Hutto ISD Police Department 351 Carl Stern Drive Hutto, TX 78634 Hutto High School 101 FM 685 Hutto, TX 78634 Farley Middle School 303 CR 137 Hutto, TX 78634 Hutto Middle School 1005 Exchange Blvd. Hutto, TX 78634 Cottonwood Creek Elementary 3160 Limmer Loop Hutto, TX 78634 Howard Norman Elementary 101 Llano River Trail Hutto, TX 78634 Hutto Elementary 100 Mager Lane Hutto, TX 78634 Nadine Johnson Elementary 480 Carl Stern Drive Hutto, TX 78634 Ray Elementary 225 Swindoll Lane Hutto, TX 78634 River Horse Academy 200 College Street Hutto, TX 78634 Veterans' Hill Elementary 555 Limner Loop Round Rock (etj), TX 78665 Hutto ISD Administration 200 College Street Hutto, TX 78634 Hutto ISD Maintenance Facility 4035 N. FM 1660 Hutto, TX 78634 Hutto ISD Bus Barn 307 E. Live Oak Hutto, TX 78634 Hutto ISD Administration Annex 302 Taylor Street Hutto, TX 78634 Hutto ISD Ag Barn 350 CR 99 Hutto, TX 78634 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Memorandum of Understanding with Hutto Independent School District Police Department concerning communication and coordination between the two (2) Police Departments. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/30/2015 Dept Director: Cost: Indexes: Attachments: Hutto ISD PD LAF, Hutto ISD PD MOU, HISD-CORR Map Department: Police Department Text of Legislative File CM -2015-955 Consider executing a Memorandum of Understanding with Hutto Independent School District Police Department concerning communication and coordination between the two (2) Police Departments. The Hutto Independent School District extends into the easternmost portion of the City, and that school district earlier this year began development of its own police department. The proposed Memorandum of of Understanding (MOU) provides Round Rock and HISD police departments with the foundation for a solid working relationship across these overlapping jurisdictions. Through the MOU, the two departments will be able to convey information regarding incidents that cross jurisdictions, request assistance in investigations, and advise of serious incidents that occur within the two agencies. Staff recommends approval City of Round Rock Page 1 Printed on 10/29/2015