MOU with the Glendora PD

The text of the memorandum of understanding is presented below as it appears in the physical document. The signed memorandum of understanding is available for review at the campus safety office. You may email campussafety@citruscollege.edu or phone (626) 914-8511 for information.

CITY OF GLENDORA POLICE DEPARTMENT
AND
CITRUS COMMUNITY COLLEGE DISTRICT
DEPARTMENT OF CAMPUS SAFETY

MEMORANDUM OF UNDERSTANDING

INTENT:
This Memorandum of Understanding ("MOU") is by and between the City of Glendora, a general law city and municipal corporation ("City"), acting by and through its Glendora Police Department ("GPD") and the Citrus Community College District ("District"), acting by and through its Department of Campus Safety ("CS"). It is the intent of this MOU to set forth the understanding of GPD and CS regarding crime reporting and criminal investigation responsibilities for incidents that occur on District property. It is, likewise, the intent of both City and District to work together to enhance the safety and security of persons on and around District's campus.

TERM:
This MOU shall remain in full force and effect until rescinded or modified, including while the parties are meeting and conferring on a successor MOU. The procedures established in this MOU may be evaluated and amended in the future upon mutual agreement of City and District, in writing and signed by the party to be charged. This MOU may be canceled for the convenience of City or District upon 30-days advance written notice. District and City agree that implementation of the MOU, and its terms and conditions, shall be evaluated by the parties at least annually following the date of its last execution by either District or City.

SUBORDINATE TO LAW:
The MOU shall, in all material respects, be subject and subordinate to the statutory provisions of the laws of State of California and the laws of the United States in effect at the time of its execution or as the same may be changed by further enactment of or by operation of law, during the term of this MOU.

INCIDENT REPORTS AND INVESTIGATIONS:
Preparation of incident reports and conducting administrative investigations concerning incidents that occur on the grounds of the Citrus Community College campus will be the responsibility of CS. In all serious cases or for crimes just occurred, notification of GPD will take place immediately. Investigations involving all criminal matters, including Part 1 violent crimes, hate crimes and sexual assault, that occur on the grounds of the Citrus Community College will be the responsibility of GPD or any other law enforcement agency with jurisdiction over the incident.

Sex Crimes:
Rapes, like other serious felony assaults, require immediate notification of GPD. All reports of sexual assault will be handled by CS and GPD, in coordination with the designated District Vice President, the Title IX Coordinator and the victim. The Vice President, Title IX Coordinator and CS will assure that the college procedures for handling a sexual assault are followed. All sex crimes, including indecent exposure cases reported to CS, will be documented on a report and forwarded to the Investigations Division of GPD in a timely manner. In those cases, in which the alleged victims choose not to have their personal information reported, in keeping with the Family Education Rights and Privacy Act, CS will provide a "Jane/John Doe" report to GPD in a timely manner.

ASSISTANCE REQUESTS:
The CS Director or his/her designee may occasionally call upon the assistance of GPD for investigative follow-up of other crimes or incidents. Any requests for follow-up will normally be addressed to the Watch Commander but may be made to the Investigations Division Supervisor.

CASE NUMBERING:
GPD shall assign case numbers to all incidents occurring on the Citrus College campus for which GPD assumes initial or follow-up responsibility to an existing CS case. A GPD case number will not be assigned to CS reports submitted to GPD for information purposes only.

NOTIFICATION OF INCIDENT/EVENTS:
The CS Director or his/her designee shall notify GPD of any incidents occurring on the Citrus College campus that need immediate action or response by police personnel. CS will send Daily Crime Logs via email to the GPD Investigations Division Sergeant, upon request.

In addition, CS will send notice of upcoming events that may impact traffic on neighboring streets, or create a heightened need for security in and around the campus, to the GPD Special Events Coordinator or notify the Watch Commander at least two weeks in advance of the scheduled or anticipated event. If the information is not available two weeks prior to the event, CS will notify GPD immediately upon receiving the information.

EVIDENCE/FOUND PROPERTY:
GPD will collect and store physical evidence in cases for which they assume responsibility. GPD will also store and dispose of found property turned in and properly documented on CS report forms. Property items of low value (less then $500) will be kept by CS for a minimum of 90 days in a "lost and found" status to allow rightful owners an opportunity to claim them. Unclaimed items of low value exceeding 90 days will be disposed of by CS. Items of higher value (more than $500) will be turned over to GPD.

ARRESTS:
All arrests by CS personnel will be governed by the laws of arrest as dictated by the California Penal Code. Any arrest by CS personnel will be made as a private person's arrest in the presence of a GPD Officer who will take custody of the arrestee as provided by law. If an arrestee must be transported off campus, GPD personnel will provide such transportation.

JAIL PROCEDURES:
All jail procedures and regulations regarding booking or interrogation of persons detained at the GPD jail will be conducted by GPD personnel. CS will provide assistance as required by GPD to facilitate the processing of prisoners associated with CS detentions of arrests.

CRIMINAL HISTORY:
The CS Director may request from GPD criminal history and crime report information required for investigative purposes related solely to incidents that have occurred on the Citrus College campus. All requests shall be made through the Records Supervisor. GPD will release only that information permitted bylaw.

CLERY ACT COMPLIANCE:
In compliance with The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), originally known as the Campus Security Act; GPD will assist District and CS with Clery Act compliance by disclosing to CS any information about the below crimes that were reported to have occurred on or around District's campus. GPD will disclose information and crime statistics for said crimes alleged to have occurred on campus, in unobstructed public areas immediately adjacent to or running through District's campus. The Clery Act requires reporting of the following crimes in these major categories, some with significant sub-categories and conditions:

1. Criminal Homicide
   1. Murder and Non-negligent manslaughter
   2. Negligent manslaughter
2. Sex Offenses
   1. Forcible
   2. Non-Forcible
3. Robbery
4. Aggravated Assault
5. Burglary, where:
   1. There is evidence of unlawful entry (trespass), which may be either forcible or not involve force.
   2. Unlawful entry must be of a structure - having four walls, a roof and a door.
   3. There is evidence that the entry was made in order to commit a felony or theft.
6. Motor Vehicle Theft
7. Arson

District acknowledges and agrees it is required to report statistics for the following categories of arrests. For Clery reporting purposes, a citation issued for the following offenses is considered an arrest:

1. Liquor Law Violations
2. Drug Law Violations
3. Illegal Weapons Possession

District further acknowledges and agrees that it must include reported hate crimes and they must be reported by category of prejudice, including race, gender, religion, sexual orientation, ethnicity and disability. Statistics are also required for four additional crime categories if the crime committed is classified as a hate crime:

1. Larceny/Theft
2. Simple Assault
3. Intimidation
4. Destruction/Damage/Vandalism of Property

District further acknowledges and agrees that it must include statistics for the following:

1. Dating violence
2. Domestic violence
3. Stalking

Statistics pertaining to all of the above that are reported to have occurred within Citrus College's Clery geography are to also be included in District's Annual Security Report ("ASR").

CLERY CRIME NOTIFICATION::
Should any of the above Clery crimes be reported to GPD and not to CS, the GPD Watch Commander or his/her designee will notify the CS Director as soon as practical upon receiving said report. The notification will assist District with Clery Act compliance.

TIMELY WARNINGS:
In accordance with the Timely Warning provisions stipulated within the Clery Act, in the event that a situation arises, either on or off campus, that, in the opinion of the CS Director and designated vice president, constitutes an ongoing or continuing threat; a campus wide Timely Warning will be issued by CS. The issuance is intended to notify students and employees in a manner that is timely and will aid in the prevention of similar crimes.

QUALIFICATIONS OF PERSONNEL:
District acknowledges and agrees that District and CS will assure that security services and functions will only be performed by persons employed as Campus Safety Officers or District's CS Director and each will meet the eligibility and training requirements for employment with CS.

INDEMNIFICATION:
District will defend, indemnify and hold harmless the City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the services, caused in whole or in part by the willful misconduct or any negligent act or omission of District, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of City.

City will defend, indemnify and hold harmless District and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the services, caused in whole or in part by the willful misconduct or any negligent act or omission of the City, its officers, agents and employees, for whose acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of District.

JURISDICTION:
Notwithstanding any of the foregoing, it is understood that GPD retains original jurisdiction over criminal matters occurring on and around the campus. The undersigned acknowledge that this MOU does not preclude GPD from pursuing any criminal investigation, whether or not the criminal act occurred on or off the property of District and CS agrees to cooperate in these investigations.

/s/ Dr. Greg Schulz, Superintendent/President, Citrus Community College District, July 6, 2021

/s/ Adam Raymond, City Manager, City of Glendora, July 12, 2021

/s/ ​William W. Wynder, City Attorney, City of Glendora, July 12, 2021