HomeMy WebLinkAboutE-6 Staff Report - APU MOU CONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MIKE BERTELSEN, CHIEF OF POLICE
DATE: MAY 17, 2021
SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BY AND BETWEEN
THE CITY OF AZUSA POLICE DEPARTMENT AND AZUSA PACIFIC
UNIVERSITY GRANTING LIMITED POWERS OF ARREST
BACKGROUND:
Azusa Pacific University (APU) has contracted with the City for the past eight (8) years for a full-time
police officer to serve as a University Resource Officer (URO). The function of the URO position is
comparable to that of a traditional School Resource Officer (SRO). APU has notified Azusa PD they
plan to sunset the URO program at the conclusion of the 2020-2021 school year. The proposed
agreement would grant properly qualified University campus safety officers, who are not peace officers,
limited powers of arrest pursuant to California Penal Code section 830.7(b) only.
RECOMMENDATIONS:
Staff recommends the City Council take the following actions:
1)Approve the attached Agreement between the City of Azusa and APU granting limited powers of
arrest pursuant to California Penal Code 830.7(b) only. The term of the Agreement shall commence
upon execution by both parties and terminate June 30, 2025, unless sooner extended or terminated;
authorize the City Manager or designee to execute the agreement, in a form acceptable to the City
Attorney, on behalf of the City.
APPROVED
CITY COUNCIL
5/17/2021
APU MOU
May 17, 2021
Page 2
ANALYSIS:
The purpose of this Agreement is to set forth the terms and guidelines for granting University campus
safety officers, who are not peace officers, limited powers of arrest pursuant to California Penal Code
section 830.7(b) only.
California Penal Code Section 830.7(b) authorizes the Chief of Police to grant persons who are not
peace officers, but regularly employed as security officers for independent institutions of higher
education, recognized under section 66010(b) of the California Education Code, the authority to exercise
the powers of arrest of a peace officer as specified in California Penal Code section 836 during the
course and within the scope of their employment if they, at a minimum, successfully complete a course
in the exercise of such powers pursuant to California Penal Code section 832.
This Agreement reserves the right of Azusa Police Department to regulate and monitor the activities of
any entity designated to restrict its citizens through the use of powers granted in this agreement. The
authority granted may be revoked at any time as to any or all University campus safety officers for any
reason whatsoever at the sole discretion of the Chief of Police.
The authority granted shall be restricted to the University boundaries as set forth in Exhibit A of this
Agreement.
In every case where a custodial arrest is made by a member of APU Campus Safety staff authorized by
this Agreement, Azusa Police Department shall be notified without unnecessary delay. Azusa Police
Department shall assume responsibility of the prisoner and determine whether to keep the prisoner in
custody.
The University shall indemnify, defend, and hold harmless Azusa Police Department, the City, and their
elected and appointed officers, employees, agents, and volunteers from and against any and all liability.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
Prepared by: Reviewed and Approved:
Chris Grant Mike Bertelsen
Police Captain Chief of Police
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachment:
1) Memorandum of Understanding by and between the City of Azusa Police Department and Azusa
Pacific University.
Attachment 1