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HomeMy WebLinkAboutAGMT - United States Naval Weapons Station (MOU with SBPD) r A MEMORANDUM OF UNDERSTANDING Between The POLICE DEPARTMENT of the CITY OF SEAL BEACH and the U.S. NAVAL WEAPONS STATION, SEAL BEACH 4,Ae0414: rifify,17,7 Ey) 000 ttcv • • . TABLE OF CONTENTS PARAGRAPH PAGE Definitions of Terms and Phrases 4-5 1. Purpose 6 2. Intent 6 3. Policy 6 4. Investigations 6-9 A. Offenses Committed on the Weapons • Station 7-9 1. Traffic Enforcement/Investigations 7 a. Responsibility of the Security Department 7 8, 9 b. Responsibility of the Police Department 7-12 (i) Violations Observed by Security Department 7 (ii) Private Person's Arrest by Security Department 7 (iii) Arrests by Police Department 7 10-12 (iv) Blood Alcohol Tests 7 c. Traffic Collisions Involving Death or Serious Injury 7 2. Criminal Offenses 7-9 a. Mutual Cooperation in Joint Investigations 7-8 b. Major Criminal Offenses; Jurisdiction 7-8 (i) Exclusive N.I.S. Jurisdiction 7-8 (ii) Joint Jurisdiction 8-9 (iii) Police Jurisdiction 9-10 (iv) Preservation of Evidence 8, 9 - 1 - • TABLE OF CONTENTS PARAGRAPH PAGE c. Report Request Policy 8 d. News Media Policy 8 e. Responsibilities of Security Department 8-9 (i) - (viii) Functions Defined 8-9 B. Offenses Committed Outside the Weapons Station 9 1. Responsibilities of Police ' Department - 9 2. Principle of Federal Supremacy 9 3. Military/Security Department - Investigations Outside the Weapons Station ' 9 C. Offenses Against the United States 9 5. Reporting Offenses 9 A. Guidelines 9 10 B. Felonies 9 C. Misdemeanors and Infractions 10 D. Police Department Discretion to Decline Investigation of Certain Minor Offenses 10 6. Arrests on the Weapons Station by the Police Department 10-12 A. Authority to Arrest 10 B. Fugitive Warrants 10 C. Probable Cause Arrests 10-12 (1) - (6) Military Constraints 10-12 D. Arrests Pursuant to Warrant 10-12 (1) - (7) Military Constraints 10-12 • TABLE OF CONTENTS PARAGRAPH PAGE E. Probable Cause Arrests - Notification and Delivery Agreements 10, 11, 12 F. Fresh Pursuit 12 7 . Life of M.O.U. and Amendment Procedure 12 • - 3 - • Definitions. Within the context of this Memorandum of Understanding,- the following words and terms shall have the meaning herein assigned: • The Weapons Station shall mean the U.S. Naval Weapons Station, Seal Beach Site; it shall not be deemed to apply to the Naval Weapons Station Command, including its annexes. - The police and The Police Department shall both mean the Police Department of the City of Seal Beach, unless such terms are preceded by a modifier which clearly indicates reference to the police department of some other city or jurisdiction. The term, "the police" , may mean the Police Department of the City of Seal Beach or may refer to individual members of that Department, depending entirely on the context of use. Naval Investigative Service and NIS shall both refer to the policies, duties, responsibilities, authority, and the individual managers, supervisors and agents of the Naval Investigative Service. Security and The Security Department shall refer to the policies, duties, responsibilities, authority, and the individual members, including uniformed officers, of the Security Department, Naval Weapons Station, Seal Beach Site, both civilian and military. Personnel shall be deemed to be both singular and plural, and shall refer to individuals employed by any organization or agency addressed in, or referred to within, this memorandum. Federal law shall mean any current, lawfully-enacted statute contained within the United States Codes, its annotations, and derivative case law. Military law shall mean any provision, requirement or restriction addressed by the Uniform Code of Military Justice. State law shall mean any current, lawfully-enacted statute of the State of California as expressed in any of its various codes as well as any annota- tions thereto or any derivative case .law thereof. Local law shall mean any current, lawful ordinance or regulation enacted by the City of Seal Beach for which any judicial penalty may be imposed. Commanding Officer shall mean the Officer in Command of the Weapons Station, whether permanent, acting, or interim, and shall be deemed to include, in the absence of the permanent Commanding Officer, the next highest acting Officer in Charge (i.e. The Seal Beach Site Officer-in Charge, The Command Duty Officer, or any acting designee having the authority of the Command) . Chief of Police shall mean the Chief Executive Officer of the Seal Beach Police Department or a designee acting in his absence. Shall, must, and will are mandatory; may is permissive. - 4 - Grammatical Tenses, Genders, and Constructions: The present tense includes the past and future tenses; the future includes the present. The masculine gender shall be deemed to include the feminine and neuter genders; the neuter includes the masculine and feminine. The singular number includes the plural, and the plural includes the singular. U.C.M.J. means The Uniform Code of Military Justice U.S.C. means The United States Codes C.P.C. means The California Penal Code C.V.C. means The California Vehicle Code Felony, Misdemeanor, Infraction. Any crime which is punishable by death or by imprisonment in a Federal or State prison is a felony; every other crime or public offense is a misdemeanor, except for those which are classified as infractions. Infractions are public offenses which are not punishable by imprisonment. • Administrative Investigation shall refer to an investigation conducted by Weapons Station personnel into internal affairs, including personnel investigations, investigations respecting violations of the Privacy Act, investigations relative to the granting of security clearances, and other investigations into matters of a non-criminal nature. Security Investigation shall refer to an investigation conducted by Weapons Station personnel into matters respecting either the National Defense or compromises of National Security. • y - 5 - • • MEMORANDUM OF UNDERSTANDING BETWEEN THE NAVAL WEAPONS STATION, SEAL BEACH, CALIFORNIA, AND THE SEAL BEACH, CALIFORNIA, POLICE DEPARTMENT 1 . Purpose. The purpose of the Memorandum is 'to delineate; an understanding between the subscribing officials as representatives of •the Naval Weapons Station, Seal Beach, California (hereinafter referred to as the Weapons Station) and Seal Beach Police Department (hereinafter referred to as the Police Department), relating to: (a) the investigation and prosecution of offenses which occur on the Weapons Station; (b) the reporting of certain types of offenses and injuries; and (c) arrests effected-by the Police Department on the Weapons Station. Additionally, this Memorandum sets forth procedures to be followed with respect to the investigation and prosecution of offenses which violate either the Uniform Code of Military Justice, U.S. Codes, or California criminal law. Nothing herein shall be inferred or understood as limiting in any way the authority of the Naval Investigative Service to pursue such investigations as are not specifically contemplated hereby but are properly contained within the investigative charter as pronounced by the Secretary of the Navy Instruction 5520.3 (series). Further, it is understood that this Memorandum does not apply to Weapons Station annexes at Fallbrook, Corona, and Pomona, California. 2 . Intent. The rule of the common law, that the language of a document is to be strictly construed, has no application to this Memorandum of Under- standing. All the provisions of this document are to be interpreted according to the fair import of their intention, with a view toward effecting an atmosphere of mutual understanding and cooperation between the Weapons Station and the Seal Beach Police Department. 3. Policy. The Weapons Station and the Police Department recognize that proper administration and discipline of the Armed Forces require that, ordinarily, offenses committed by military personnel on the Weapons Station be investigated and prosecuted by the military. However, there may be occasions when such offenses should be investigated and prosecuted by California civil authorities. While it is obvious that inflexible rules to determine this responsibility are not feasible when the military and State share criminal jurisdiction, the procedures set forth herein are intended to make the investigation and prosecution of offenses more expeditious and efficient while giving appropriate effect to the requirements of the Armed Forces, the policies of the civil government, and other matters of mutual interest. This Memorandum of Understanding does not apply to offenses defined only under the Uniform Code of Military Justice, nor does it apply to investigations for administrative or security purposes conducted by the Weapons Station Security Department. 4. Investigations. The following guidelines shall be applied in determining whether the Weapons Station or the Police Department or other appropriate Federal or State law-enforcement agencies will conduct a particular investi- tion: • • - 6 - a. Offenses Committed on the Weapons Station (1) Traffic Enforcement/Investigation (a) The Weapons Station shall be primarily responsible for traffic control, enforcement of base traffic regulations, and investigations of minor motor vehicle accidents. (b) The Police Department will become involved in major traffic violations such as, but not limited to, 23152(a) C.V.C. (D.U.I/Private Property) , 20002 C.V.C. (Hit, and Run) and 20001 C.V.C. (Felony Hit and Run) . • Normally, major traffic violations will be handled as follows: (i) When a violation is observed by Weapons Station Security ' Personnel, the suspect will be detained by Security Personnel -awaiting the arrival of the Police Department. (ii) When the.violation is a misdemeanor under State statutes, the Weapons Station Security Personnel will determine if a private person's arrest is appropriate and, if so, will effect the arrest and remand the arrestee to the custody of the Police Department. The Security Personnel will then become a complainant in the event of prosecution. (iii) In certain instances of violations such as 23153(a) C.V.C. (Felony D.U.I.) and 20001 C.V.C. (Felony Hit and Run) the State statutes provide that the police officer may make an arrest for the violation even though it was not committed in his presence. (iv) When appropriate, the Police Department will then assume responsibility for conducting blood alcohol tests. (c) The Police Department will be notified immediately, and their assistance requested, on all traffic accidents involving death or serious injury. (2) Criminal Offenses • (a) All joint investigations will be conducted'•with assistance and cooperation. The rules of evidence are generally more strict in civilian courts than in military courts. Accordingly, the more restrictive investigative procedures required by the State would be admissible in military courts but, conversely, all elements of a military investigation may not be regally accept- able in civilian courts. Therefore, in those cases having mutual investigative interest, the Police Department shall have primary authority and responsibility for the investigation. (b) Major Criminal Offenses. Both the Naval Investigative Service and the police will be notified and respond. The investigative jurisdiction will be mutually agreed upon under the following principles: (i) Naval Investigative Service reserves jurisdiction to exclu- sively investigate all cases which involve only military - 7 - personnel and/or government property, and in which the offense occurred upon the Weapons Station. (ii) In those cases where investigative jurisdiction is unclear at the onset, a joint investigation shall be conducted by the Naval Investigative Service and the police. In such cases, investigators at the scene shall determine which agency should assume primary responsibility for the conduct of the investigation. The guiding principle in such cases shall be the concern for the admissibility of evidence in State or federal courts. At the point that the investigative jurisdiction becomes clear, normally joint investigation will cease. (iii) In all other cases the police shall have primary authority and responsibility for the conduct of the investigation. (iv) In that the preservation of evidence at a crime scene is of paramount importance, the first police or security unit on the scene will preserve/protect the crime scene until the arrival of Naval Investigative Service and/or police officers or police investigators. (c) As a matter of cooperation and mutual interest, the police and Naval Investigative Service agree to provide to each other copies of any needed reports of an investigation. Requests for such reports should be addressed to the appropriate Division or Department Head in writing. (d) It is understood that any inquiries by the news media concerning police activities on the Weapons Station shall be addressed by mutual cooperation between the Weapons Station Commanding Officer and the Chief of Police, or their designees. (e) The principal responsibilities of the Security Department on the Weapons Station include: (i) Protection of Weapons Station personnel and property. (ii) Detention and apprehension of military suspects and detention of civilian suspects pending arrival of the Police Department. (iii) Initial response, containment and control of threaten- ing situations on the Weapons Station. (iv) Protection and preservation of all Weapons Station crime scenes and detention of principals and witnesses pending arrival of the Police Department and/or Naval Investiga- tive Service. • - 8 - • (v) Protection and securing of the scene of traffic-related fatalities and serious injuries on the Weapons Station pending arrival of the Police Department. • (vi) Performance of routine Weapons Station traffic enforce- ment. (vii) Nothing in this paragraph shall be deemed to exclude additional responsibilities of the Security Department. f . Offenses Committed Outside the Weapons Station (1) The Police Department is responsible for the initial investigation of offenses committed outside the Weapons Station. However, when it appears that military personnel may be subject to prosecution under the Uniform Code of Mili- tary Justice, the Police Department shall inform the Naval Investigative Service of the incident and afford them the opportunity to enter into the investigation. Thereafter, the investigation shall be conducted as provided in subsection 4.a(2), above. (2) The principle of Federal Supremacy, as defined in the Constitution of the United States, dictates that no state has the right or power to interfere with the Federal Government in the proper performance of its authorized. functions. The police may not arrest and/or hold for trial any member of the Armed Forces for alleged violations of California law done in the lawful performance of his official duties or done pursuant to lawful orders. (3) It is understood that investigations initiated by the Military or the Security Department, related to criminal conduct on the Weapons Station, may be pursued off the Weapons Station to the extent military policies dictate. (g) Offenses Against the United States. 'It is recognized that a sensitive situation could occur on the Weapons Station that, due to interests of National Security/Defense, would require any action or investigation be performed by the appropriate federal authorities to the exclusion of State and/or local law enforcement agencies. Examples of such situations could include, but not be limited to, fraud against the United States, misuse, misappropriation or larceny of certain property of the United States, or certain violations of United States Codes. Also, due to the complex nature of the materials flow within government supply channels, in cases involving larceny of government property, the appropriate investigative agency will be federal. 5. Reporting Offenses. (a) The guidelines for reporting offenses are outlined in paragraph 4, Investigations. (b) In cases of felony offenses discovered by the police, Security or Naval Investigative Service, all appropriate notifications shall be made as soon as possible. The crime scene will then be protected/preserved and any witnesses/suspects detained until the arrival of all appropriate investigative agencies. - 9 - (c) In cases of misdemeanor or infraction offenses discovered by the police, Security or Naval Investigative Service, reporting/notification pro- . cedures shall conform to guidelines established under paragraph 4, Investi- ' gations. (d) It is understood that the Police Department reserves the right to decline or accept jurisdiction in the case of certain minor offenses. 6. Arrests on the Weapons Station by the Police Department. (a) It is understood that the Police Department may arrest persons, who • are located on the Weapons Station, under valid arrest warrants or on probable cause. (b) Normally, all arrests will be made pursuant to proper and lawful warrants. However, warrants reciting that a military person is a fugitive from another State or jurisdiction (commonly known as fugitive warrants) are not within the scope of this Memorandum of Understanding. NOTE: This is due to special military procedures governing fugitive warrants. (The Fugitive Warrant Section, Orange County Sheriff's Department, normally processes and serves fugitive warrants. ) (c) When civilian authorities have effected a probable cause arrest without a warrant and have, without specific approval of appropriate military authority, removed from the Weapons Station military personnel against whom disciplinary proceedings under the Uniform Code of Military Justice are pending, or who are serving a sentence of a court-martial, the following procedures and considerations shall apply: Certain time constraints apply after military proceedings have begun. In the event that military proceedings have been scheduled or are necessary and the arrestee is in civilian custody, the Naval Legal Services Office, Long Beach, shall take action to arrange for the most appropriate disposition and custody of the arrestee pursuant to Naval regulations. The following factors shall be considered in determining such disposition and custody: (1) The seriousness of the military case versus that of the civilian case; (2) The time constraint of each course of action; (3) The degree to which the military case might be jeopardized by any delay; (4) The degree to which the civilian case might be jeopardized by any delay; (5) The probable outcome of each proceeding; and (6) The place of incarceration and availability of the arrestee for further proceedings in each jurisdiction. The primary objective shall be the effective cooperation between military and civilian authorities, so that one prosecution does not jeopardize the other, and that serious offenses are justly and expeditiously prosecuted. - 10 '- (d) The following considerations apply ;to• the execution of a .routine . warrant of arrest on the Weapons Station: (1) It is understood that warrant abstracts, teletype warrant abstracts, and certified copies of warrants of arrest, are the legal equivalents of origi- nal warrants of arrest. ' (2) When such action will not jeopardize an investigation, the Police Department shall telephone the Office of the Commanding Officer, Naval Weapons Station, or his designated representative, to advise of a warrant for the arrest of military personnel, a dependent of military personnel, or a civilian employee located on the Weapons Station. The information will contain the name of the person to be arrested, his on-base location (if known), and the court, judge, charge(s), amount of bail, and the date the warrant was issued. (3) When military personnel are to be arrested, such personnel will be ready for delivery to the arresting officer when requested. Prior to actual delivery of military personnel to the Police Department, the Police Department shall tender the warrant of arrest to the Commanding Officer of the Weapons Station, or his designated representative, for review to establish the prima facie validity thereof. Concurrently, the Police Department shall tender a Delivery Agreement for the return of the military arrestee upon conclusion of civilian proceedings. If the Commanding Officer requests, the Command Liaison Office at the Naval Legal Services Office. at Long Beach (213-547-8115) will assure the correctness and validity of both documents. (4) When a military person assigned to a ship is to be arrested, all of the above procedures apply with the exception that the warrant for arrest will be delivered directly to the Commanding Officer of the ship to which the person is assigned. (5) If the warrant is for the arrest of a military person who has disciplinary proceedings involving military offenses pending, or who is serving the sentence of a court-martial, the Weapons Station shall deliver the military person to the Police Department unless the Naval Legal Services Office or higher authority determines that there is an overriding reason for retaining the person in military custody (e.g. , where additional court- martial proceedings are to be convened or delivery to the Police Department would prejudice the military person's appellate rights). When such a deter- mination is made, the Naval Legal Services Office or the Commanding Officer shall promptly notify the Police Department. (6) As a courtesy, if Weapons Station military personnel are arrested within the City of Seal Beach, the Police Department will advise the Office of the Commanding Officer, or his designate. (7) If such action will not jeopardize an investigation, when a civilian employee of the Weapons Station is being arrested, the Commanding Officer may designate the Security Officer to handle the procedures. In such cases, the Security Officer will request the presence of the individual in the Security Office for service of the arrest warrant. fr - 11 - . • (e) If the Police Department believes that it has probable cause under California law to arrest, a person on the Weapons Station and, because of the exigencies of the situation an arrest warrant cannot be obtained, the Police Department may effect a warrantless arrest. Prior to making such an arrest, the Police Department will endeavor to notify the Weapons Station Security Office. If such notification cannot be made, the Police Department shall, immediately after making the arrest, contact the Security Office and advise them of the circumstances, the probable cause for the arrest and the exigencies. Whenever such arrestee is military' personel, the Police Department shall sign a Delivery Agreement as soon as practical. The Security Office will maintain copies of Delivery Agreements to facilitate the procedure. (f) Fresh Pursuit. The Uniform Act on Fresh Pursuit, 852 C.P.C. , shall be the guideline. Marked police cars in fresh pursuit will not be stopped, or delayed in any way, by Weapons Station gate sentries. The gate sentry will notify all security elements that such pursuit is taking place. Unmarked police cars, if not readily identified by gate sentries, will stop briefly to establish identity and then proceed. When military personnel are arrested as the result of fresh pursuit, a Delivery Agreement shall be executed by the Police Department as outlined above. 7 . The undersigned agree to cooperate fully in carrying out the policies and procedures set forth in the foregoing Memorandum of Understanding, which shall remain in force for a five-year period commencing on the date last subscribed below. This Memorandum of Understanding may be modified by mutual consent or terminated unilaterally by thirty days written notice by one subscribing official or his successor to the other subscribing officials or their successors. An annual review of the provisions of this Memorandum of Understanding shall be effected during the month of June, with the first such review to be conducted during June of 1986. W. W. HERRMANN S. 'IC• :CIA , Security Officer Chief o Police Naval Weapons Station • Seal Beach, `California '90740-5000 Seal Beach,: California 90740-5000 • W. KINNIER, Captain, USN A. PA/c Commanding Officer City _ anager ' Naval Weapons Station Seal Beach, California 90740-5000 Seal Beach, California 90740-5000 Agreement executed this 14th day of May 1985 in the City of Seal Beach, California - -12 - • RECEIPT FOR PRISONER OR DETAINED PERSON NECE IVEO FROM (Unit •• •A•ncy and Scaliest) - TIME DATE • LAST KANE - FIRST NAME,- RIDDLE INITIAL SERVICE NUMBERiSSN GRADE 0116011/A1!ON STATION OFFENSE III{ r PERSONAL PROPERTY • '.REMARKS • NAME AND TITLE OF PERSON RECEIVING ABOVE INDIVIDUAL (Treed a SERVICE NUMBER;SSN - GRADE P d) RECEIVING UNIT OR AGENCY AND STATION SIGNATURE _ I ' DI YOR N 6 `9 EDITION OF I MAR 52, IS OBSOLETE. • • • • • • • • • • • d A .. • .