Ordinance No. 13,474ORDINANCE NO. 13,474
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
TO A MEMORANDUM OF UNDERSTANDING WITH GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR MUTUAL
ASSISTANCE IN PROVIDING LAW ENFORCEMENT AND DISPATCH
SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
Mayor to execute and the City Clerk to attest to a Memorandum of Understanding with Goose Creek
Consolidated Independent School District for mutual assistance in providing law enforcement and
dispatch services. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein
for all intents and purposes.
Section 2: This ordinance shall take effect immediately froi,and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vot of the City Council of the City of
Baytown, this the 25`h day of May, 2017.
ST PHEN H. DONCARLOS, Mayor
ATTES .
LE ICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., ty Attomey
,Acobfs0111egaWarenTi1es City Council •Ordinances\2017\May 25 •GCCISDMOU. doc
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
between
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT
and
THE CITY OF BAYTOWN
This Memorandum of Understanding ("MOU") is made and entered into by and between
Goose Creek Consolidated Independent School District ("GCCISD'I and the City of Baytown
("Baytown") pursuant to Texas Education Code § 37.081(g). Collectively GCCISD and Baytown
may be referred to as the 'Parties."
PREMISES
WHEREAS, GCCISD is a public school district with campuses located within the
jurisdictional boundaries of the City of Baytown where Baytown presently operates a Police
Department; and
WHEREAS, GCCISD has exercised the authority granted to it by § 37.081 of the Texas
Education Code by establishing and operating its own police department and commissioning
peace officers to provide necessary security and protection to its school children, employees, and
citizens; and
NOW THEREFORE, the Parties agree to the following guidelines for dispatch and
communication services and coordination of effort in providing law enforcement services:
I. OPERATIONS
1.1 Primary responsibility during school hours. The GCCISD Police will enforce all
laws, respond to calls for service, and follow-up on calls for service which occur on
property owned, leased, or rented by GCCISD between the hours of 7 a.m. to 5 p.m. on
normal school days throughout the regular school year.
1.2 Primary res onsibility after school hours. Except for those times when GCCISD Police are
on duty after school hours, the Baytown Police Department (BPD) will enforce all laws,
respond to calls for service, and follow-up on calls for service which occur on property
owned, leased, or rented by GCCISD, and within the city limits of Baytown, Texas, during
all hours other than 7 am. to 5 p.m. on normal school days and at all times when school
is not i n regular session, such as weekends or holidays. If the incident requires a follow-up
investigation, BPD will have the option of forwarding the case to GCCISD Police for follow
up or keeping the case for follow-up by BPD.
1.3 Mutual aid. The GCCISD Police and the BPD will assist each other in any way possible
to ensure a safe environment for all citizens.
MOU between Baytown $ Goose Creek CISD Page 1 of 5
1.4 Citations. The GCCISD Police m a y enforce traffic laws on Baytown public streets within
or adjacent to properties owned, leased, or rented by GCCISD. Traffic citations and any
other Class C citations issued by GCCISD Police for offenses committed within the city
limits of Baytown, Texas may be processed through Municipal Court.
1.5 Radio communication. In order to communicate with each other in the interest of public
safety during the normal course of operations, emergency situations, or disasters, the
Parties will maintain interoperable public safety radio communications via the Harris
County Regional Radio System and/or the City of Houston Regional Radio System and
grant each other access to designated 'talk groups' for their mutual benefit, to include
access to National Law Enforcement Telecommunications System, Texas Law
Enforcement Telecommunications System, National Crime Information System, Crime
Information System, and Computerized Criminal History System requests, as the Parties
deem appropriate.
A. GCCISD PD is limited to using and shall be capable of transmitting only on channels
assigned to the GCCISD PD by BPD. Each of these channels shall only be used for specific
radio traffic as designated by BPD procedures and then only when necessary for conducting
criminal investigations.
B. Each radio used by the GCCISD PD for communications shall be inspected by the Baytown
radio shop for determination of the fitness and compatibility with the Baytown
communications system once each year or as deemed appropriate by the BPD.
C. GCCISD PD will adhere to BPD radio procedures. Should GCCISD PD need to
communicate with a Baytown mobile unit, GCCISD PD shall request Baytown
communications to notify the appropriate Baytown unit. Should a GCCISD PD unit need
BPD back-up, the GCCISD PD will request back-up from through Baytown communications
who will determine the appropriate number of units to respond.
D. GCCISD PD computer or manual records checks shall be limited to necessary criminal
investigations. If the communications supervisor determines that requests have become
excessive, he/she shall notify the BPD Chief of Police.
E. Computerized criminal history ("CCH") requests by GCCISD PD shall be limited to criminal
investigations and must be approved by a GCCISD PD supervisor. GCCISD PD shall adhere
to Baytown requirements regarding CCH requests.
F. GCCISD PD agrees to abide by all laws of the United States and the State of Texas, and all
present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC,
NCIC and any other systems now or in the future associated with TLETS concerting the
collection, storage, processing, retrieval, dissemination and exchange of information for
criminal justice purposes.
G. Baytown agrees to enter names and property into TLETS, NLETS, TCIC, and NCIC when
appropriate to do so. GCCISD PD agrees to provide names and property meeting entry
criteria in a timely manner. GCCISD PD further is responsible for notifying Baytown when
there is a status change, or persons or property are recovered or found by GCCISD PD so the
information can be canceled from TLETS, NLETS, TCIC, or NCIC.
H. GCCISD PD will turn in a copy of any served warrant to the police desk as a trailing
document for their report.
MOU between Baytown & Goose Creek CISD Page 2 of 5
I. GCCISD agrees to indemnify and save harmless Baytown, and its employees from and
against all claims, demands, actions, and suits, including, but not limited to, any liability for
damages by reason of or arising out of any false arrest or imprisonment or any cause of
GCCISD in the exercise of the agreement to provide certain TLETS, NLETS, TCIC, and
NCIC information.
1.6 Dispatch Assistance. GCCISD will assign a full-time employee to work as a dispatcher under
the supervision of BPD communications. The employee will comply with all training and
other legal requirements of a dispatcher. The purpose of the assigned employee is to assist
with dispatch for GCCISD when needed and to assist with regular Baytown dispatch at other
times. GCCISD will maintain full responsibility for salary, benefits and discipline of the
assigned dispatcher. Any personnel issues or problems with a GCCISD dispatcher who is
assigned to Baytown will be reported immediately to the Baytown Police Chief who will then
communicate with the GCCISD PD Chief to reach an appropriate resolution. The Baytown
Police Chief shall have the authority to remove a GCCISD dispatcher from Baytown property
if he/she deems necessary.
1.7 Cooperation. In addition to the obligations established in any separate agreements, if any,
the GCCISD Police and BPD will cooperate in sharing information, facilities, and
equipment when mutually beneficial and agreed upon by both Parties.
H. RELATIONSHIP BETWEEN THE PARTIES
2.1 No legal relationship. Nothing in this MOU shall be deemed or construed by the Parties,
or by any third party, as creating the relationship of principal and agent, partners, joint
ventures', or any other similar such relationship.
2.2 Employees. The Parties agree that the peace officers of GCCISD are employees of
GCCISD and are in no way to be considered employees of Baytown. Similarly, the
Parties agree that the Baytown peace officers are employees of Baytown and are in no way
to be considered employees of GCCISD. Each parties' law enforcement officers shall at all
times remain subject to the chain of command and departmental policies and procedures of
their respective police department. The Parties accept responsibility for the actions of their
respective personnel and assume the duty of investigating any allegations of wrongdoing
resulting from the actions of their personnel. Dispatch personnel are also employees of their
hiring agency.
2.3 No li bi i . Baytown shall have no liability whatsoever for or with respect to the actions of,
or failure to act by, any employees, subcontractors, agents or assigns of GCCISD. In tum,
GCCISD shall have no liability whatsoever for or with respect to the actions of, or failure to
act by, any employees, subcontractors, agents, or assigns of Baytown.
2.4 Imm�ri. Each Party reserves and does not waive any immunity or defense available to it at
law or in equity as to any claim or cause of action whatsoever that may arise or result from the
services provided and/or any circumstance arising under this MOU. Neither GCCISD nor
MOU between Baytown & Goose Creek CISD Page 3 of 5
Baytown waive, modify, or alter to any extent whatsoever the availability of the defense of
governmental or sovereign immunity under the laws of the State of Texas on behalf of itself,
its trustees, council members, officers, employees, and agents.
M. ADAWGSTRATIVE FUNCTIONS
3.1 Coordination of effort. The BPD and GCCISD Chiefs of Police will periodically meet to
discuss and coordinate the operations of both police departments, such meetings to occur
approximately every 6 months, or as requested by either Party.
3.2 Training. While BPD and GCCISD are each independently responsible for the training of
their police forces, the Parties may jointly conduct or participate in training opportunities
that may be available and of interest to either department. The costs of any joint training
will be established in advance.
3.3 Complaints. Complaints received by either BPD or GCCISD Police will be forwarded to the
appropriate Chief or designee for consideration in accordance with applicable law and the
respective police department's procedures.
3.4 Additional agreements. This MOU replaces the MOU signed by the parties on September 27,
2013. This MOU is intended to supplement any other prior existing Interlocal Agreements for
shared law enforcement services. It is not intended to limit, supersede, or conflict with any
other prior existing Interlocal Agreements for law enforcement services, such as agreements
for school resources officers.
3.5 Point of contact & notifications.
contact (a) for all service calls
of investigative materials. All
MOU must be in writing and
requested to:
CITY OF BAYTOWN
Attn: Chief of Police
3200 N. Main
Baytown, Texas 77521
The Parties will provide each other with a single point of
and an alternative phone number, and (b) for the transfer
other correspondence and communications regarding this
hand -delivered or sent by certified mail, return receipt
GOOSE CREEK C.I.S.D. POLICE
DEPARTMENT
Attn: Chief of Police 4544 1 -10 East
Baytown, Texas 77521
3.6 Review of MOU. This MOU will be reviewed annually or at any other time deemed
necessary by the Chiefs of either department.
IV. TERM
4.1 Initial Term. The initial term of this M O U shall commence on the date the M O U is
fully executed by the parties, and continue through July 31, 2017, and shall renew
MOU between Baytown & Goose Creek CISD Page 4 of 5
automatically each year thereafter, unless terminated by thirty (30) days' prior written notice
of either party.
This MOU becomes effective immediately upon signature of the President of the Board of
Trustees of GCCISD and the City of Baytown Mayor.
IN WITNESS THEREOF, the undersigned Parties hereby execute and attest to this
Memorandum of Understanding by their duly authorized officers effective on the date of the final
signature.
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT:
XL HARD, President Board of Trustees
Date Signed: S.— / / // %
ATTEST:
JES§tA WOODS, Secretary
Bodrd of Trustees
CITY OF BAYTOWN, TEXAS:
STEPHEN H. DONCARLOS, Mayor
Date Signed:
ATTEST:
LETICIA BRYSCH, City Clerk
MOU between Baytown & Goose Creek CISD Page 5 of 5