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HomeMy WebLinkAboutCC AG PKT 2015-06-08 #G AGENDA STAFF REPORT DATE: May 28, 2015 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Joe Stilinovich, Chief of Police SUBJECT MEMORANDUM OF AGREEMENT BETWEEN THE SEAL BEACH POLICE DEPARTMENT AND THE NAVAL WEAPONS STATION SEAL BEACH SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6567 allowing the City of Seal Beach to enter into an agreement with the Naval Weapons Station Seal Beach outlining jurisdictional guidelines related to criminal investigations. BACKGROUND AND ANALYSIS: Several years ago, the United States Department of the Navy reached out to the Seal Beach Police Department to renew a Memorandum of Agreement (MOA) providing guidelines and stipulations for the enforcement of laws on the Naval Weapons Station and within military housing in Seal Beach. This renewed agreement has been processing for several years due to the number of agencies that must be involved in the agreement process. The Department of the Navy recently approved the final draft of this agreement. The MOA details the process for the investigation and prosecution of offenses which occur on the Weapons Station. The essence of the understanding is that the Seal Beach Police Department may be responsible to investigate and prosecute crimes committed by civilian personnel on the Weapons Station; however, the Navy may investigate and prosecute potential crimes committed by active duty U.S. Military Personnel on the Weapons Station. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed this item and approved it as to form. Agenda Item G FINANCIAL IMPACT: There is no financial impact related to this item, RECOMMENDATION: That the City Council adopt Resolution No. 6567 allowing the City of Seal Beach to enter into an agreement with the Naval Weapons Station Seal Beach outlining jurisdictional guidelines related to criminal investigations. SUBMITTED BY: NOTED AND APPROVED: �.r ...o ✓"Po said' M' 'W ,,,doe Stilinovich, Chief of Police ,�ula � Ingram, City Mooer Attachments: A. Resolution No. 6567 B. Agreement between the Seal Beach Police Department and the Naval Weapons Station Seal Beach Page 2 RESOLUTION NUMBER 6567 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAVAL WEAPONS STATION SEAL BEACH RELATING TO JURISDICTIONAL GUIDELINES RELATED TO CRIMINAL INVESTIGATIONS ON NAVAL WEAPONS STATION WHEREAS, the City of Seal Beach Police Department has received a Memorandum of Agreement from the Seal Beach Naval Weapons Station outlining proposed jurisdictional guidelines related to criminal investigations on the Seal Beach Naval Weapons Station Base and; THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute the agreement between the City of Seal Beach and the Naval Weapons Station Seal Beach, which was presented to the City Council on June 8, 2015, for jurisdictional guidelines related to criminal investigations on the Naval Weapons Station Seal Beach. SECTION 2. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of June, 2015 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6567 on file in the office of the City Clerk,passed,approved,and adopted by the Seal Beach City Council at a regular meeting held on the 8th day of June, 2015. City Clerk Attachment "B" (Memorandum of Agreement between the Seal Beach Police Department and the Seal Beach Naval Weapons Station) COMMANDER, NAVY REGION SOUTHWEST 937 N. HARBOR DRIVE SAN DIEGO, CA 91932 SEAL BEACH POLICE DEPARTMENT 911 SEAL BEACH BLVD SEAL BEACH, CA 90740 CNRSW 5530 N00242-20120209-S14-MOA MEMORANDUM OF AGREEMENT AMONG COMMANDER, NAVY REGION SOUTHWEST AND SEAL BEACH POLICE DEPARTMENT Subj : LAW ENFORCEMENT SUPPORT Ref: (a) NTTP 3-07 . 2 . 1, Antiterrorism (b) NTTP 3-07 . 2 . 3, Law Enforcement and Physical Security for Navy Installations (c) USFF OPORD 3300-11 (d) JAGINST 5800 . 7E, Manual of the Judge Advocate General Encl: (1) Naval Weapons Station Seal Beach Jurisdiction Map 1 . Purpose_. The purpose of the Memorandum of Agreement (MOA) is to delineate an understanding between the subscribing officials as representatives of Commander, Navy Region Southwest (CNRSW) , Seal Beach Police Department (SBPD) , and the Naval Weapons Station Seal Beach Security Force (NSF) relating to: the investigation and prosecution of offenses which occur on the Weapons Station; the reporting of certain types of offenses and injuries; and arrests effected by the SBPD on the Weapons Station. Additionally, this memorandum sets forth procedures to be followed with respect to the investigation and prosecution of offenses that violate the Uniform Code of Military Justice (UCMJ) , Federal law, or California state law. 2 . Background. Naval Weapons Station Seal Beach (NWSSB) is an ordnance station with the DON located within the jurisdictional boundaries of the SBPD. References (a) through (c) encourage the establishment of the MOA with state and local authorities . Subj : LAW ENFORCEMENT SUPPORT 3. Scope. It is understood that jurisdiction on the real property that comprises NWSSB is proprietary. A map illustrating that jurisdiction is included herein as enclosure (1) . a. NWSSB is an area of proprietary jurisdiction. In areas of proprietary jurisdiction, SBPD possesses law enforcement authority, including the right to investigate crimes and make arrests . When necessary, CNRSW has the authority to temporarily detain personnel and promptly notify SBPD police officers to assume control over the personnel/incident . 4 . Policy. CNRSW and SBPD recognize that proper administration and discipline of the Armed Forces require that, ordinarily, offenses committed by military personnel on NWSSB 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 MOA does not apply to offenses defined only under the UCMJ, nor does it apply to investigations for administrative or security purposes conducted by the Naval Weapons Station Security Department . 5. Understanding and/or responsibilities for offenses committed onboard NWSSB a. CNRSW will : (1) Dispatch the NWSSB NSF to location of incident (s) . (2) If assistance is requested by the NSF, Regional Dispatch will contact SBPD to request assistance and advise of the circumstances of the incident and the location to which personnel should respond. b. SBPD will: (1) Upon receipt of the Regional Dispatch request, the SBPD Dispatch will immediately contact the SBPD Watch Commander. The SBPD Watch Commander may also request Regional Dispatch to contact other law enforcement agencies per existing Mutual Aid - 2 - Subj : LAW ENFORCEMENT SUPPORT protocols to obtain resource commitments and assign stand-by positions . (2) Be solely responsible for determining the number and type (e. g. , SWAT) of SBPD personnel deployed to NWSSB, pursuant to standard mutual aid protocol as defined by the Law Enforcement Mutual Aid Plan. (3) All SBPD personnel deployed to the Weapons Station will be under the operational command of the SBPD until a Unified Command has been established among the SBPD, NWSSB, and other responding agencies . (4) Handle all major traffic violations (e . g. , DUI, Vehicular Manslaughter, etc) . In cases involving suspected DUI offenses, SBPD will assume responsibility for conducting appropriate Field Sobriety Tests and/or blood alcohol tests . (5) Respond to all narcotic and/or weapons violations discovered at any access control point. C. Naval Weapons Station Seal Beach NSF will: (1) Detain and/or apprehend military suspects and temporarily detain civilian suspects pending arrival of SBPD. (2) Provide initial response, containment and control of threatening situations on NWSSB. (3) Protect and preserve all NWSSB crime scenes and temporarily hold principals and witnesses pending arrival of NCIS and/or SBPD. (4) Protect and secure the scene of traffic-related fatalities and serious injuries on NWSSB pending arrival of NCIS and/or SBPD. (5) Perform routine NWSSB traffic enforcement . (6) Nothing in these paragraphs shall be deemed to exclude additional responsibilities of the Naval Weapons Station Security Department . 6. Understandinq and/or responsibilities for offenses committed off NWSSB a. SBPD will: - 3 - Subj : LAW ENFORCEMENT SUPPORT (1) Be responsible for the initial investigation of offenses committed outside the NWSSB; however, when it appears that military personnel may be subject to prosecution, SBPD will inform NWSSB of the incident and afford them the opportunity to enter into the investigation. (2) As a courtesy, if NWSSB military personnel are arrested within the City of Seal Beach, SBPD will advise the NWSSB Commanding Officer and/or Security Officer, or his designate (i . e. NSF Watch Commander) . (3) SBPD personnel shall contact the SBPD Watch Commander regarding the arrest and circumstances of military personnel under the age of 21 years who are detained by SBPD for alcohol related offenses that are under the jurisdiction of the City of Seal Beach. The SBPD Watch Commander may consider the circumstances surrounding the arrest and may release military personnel to the NWSSB NSF. (4) The SBPD does not relinquish any lawful jurisdictional control to NWSSB regarding criminal activity within the city limits . The release of an in-custody arrestee or detainee to the NWSSB NSF is solely discretionary. 7 . Arrests onboard NWSSB by SBPD a. It is understood that SBPD may arrest persons, who are located on NWSSB, under valid arrest warrants or on probable cause. b. Normally, all arrests will be made pursuant to federal, state, or military authority as applicable. This includes arrests 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 MOA. The Fugitive Warrant Section, Orange County Sheriff' s Department, normally processes and serves fugitive warrants . C. The following considerations apply to the execution of a warrant or an arrest onboard NWSSB: (1) SBPD must make contact with the office of the Commanding Officer, NWSSB, 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 - 4 - Subj : LAW ENFORCEMENT SUPPORT 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. (2) SBPD will obtain approval from the NWSSB Commanding Officer or his designee prior to serving process and/or arrest warrants on individuals on NWSSB pursuant to Chapter 6 of reference (e) . (3) Pursuant to Chapter 6 of reference (e) , the Commanding Officer of NWSSB or his designee, shall be notified, through the Staff Judge Advocate, when SBPD requests delivery of a military member. The member' s Commanding Officer must authorize delivery of military members assigned to his/her command. If delivery is authorized, then before making such delivery, the member' s Commanding Officer shall obtain from a duly authorized officer of SBPD a written delivery agreement . Prior to the delivery of a military member to SBPD, Region Legal Service Office Southwest may be contacted at (805) 989-7309 or (619) 851-5129 to assist in preparation of the delivery agreement and to ensure compliance. (4) When a civilian employee of the Weapons Station is being arrested, the person may be invited to report to the designated space for delivery pursuant to chapter 6 of reference (e) . If the civilian refuses, the civilian authorities may be escorted to a place where the civilian is located in order that delivery may be effected. A civilian may be directed to leave a classified area. 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 . (5) Whenever a juvenile is taken into custody for an offense or other act of delinquency, the juvenile will be provided with the appropriate constitutional warning against self-incrimination, in language the juvenile understands . The parent (s) , guardian, or custodian must be notified that the juvenile is in custody, the exact nature of the alleged offense, and the juvenile' s right against self-incrimination. This notification will be made immediately after the juvenile is taken into custody, and the identification of the responsible adult is obtained. d. Nothing in this memorandum of understanding shall be interpreted to conflict with the requirements detailed in the - 5 - Subj : LAW ENFORCEMENT SUPPORT reference (e) , Chapter 6, pertaining to the delivery of service members, civilians, and dependents, or the service of process and subpoenas . e. The primary objective of these procedures shall be 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. 8 . Training. As soon as practically feasible, NSF and SBPD will coordinate training exercises at NWSSB to prepare for potential incidents covered by this MOA. 9. Changes . Changes may be made to this agreement by mutual written consent of both parties, and will be recorded and published as addenda to this agreement . 10 . Termination/Expiration. This agreement may be terminated by mutual consent of both parties . Either party may terminate this agreement upon 30 days prior written notification to the other party. This agreement will remain in effect for six years and will be reviewed triennially. 11 . Other Provisions . Nothing in this agreement is intended to conflict with current law, regulation, or the directives of the Naval Criminal Investigative Service, United States Navy, or Department of Defense. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. Any disputes relating to this MOA will, subject to any applicable law, Executive Order, Directive, or Instruction, be resolved by consultation between the Parties or in accordance with DoDI 4000 . 19 . 12 . Effective Date. This MOU will become effective on the date of the last signature. NICK MALLARI Date Acting Comptroller, NRSW JILL R. INGRAM Date P. J. LORGE Date City Manager RDML, U. S. Navy Commander, Navy Region Southwest - 6 -