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:
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...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
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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:
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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
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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
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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
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