Excerpts from the Memorandum of Understanding between the San Diego Unified School District Police Department and the San Diego Police Department The San Diego Unified School District Police Department has a Memorandum of Understanding with the San Diego Police Department. This memorandum of understanding regards police services on school district property and students under the school district jurisdiction for the FY 2014-2016.
The Agreement was revised on 7/31/2014 and signed by both Chief Shelley Zimmerman and Chief Reuben Littlejohn.
The San Diego Unified School District has violated its own memorandum of understanding by:
1. Calling for assistance from the San Diego Police Department.
2. Involving the District Attorney without first completing an investigation.
3. Turning over the videotape to the District Attorney without first completing an investigation.
4. Releasing students to the custody of the San Diego PD without first completing an investigation. Facts from the Memorandum of Understanding :
1. Section II (Authority, Jurisdiction, & Duties) of the memorandum of understanding gives the SDUSDPD the following authority, jurisdiction, and primary duties:
a. Crimes committed against district students, on or near district property, or while attending school sponsored events, or while traveling to and from school and/or a school sponsored event.
b. Crimes against district employees or the general public on or near district property.
c. Crimes against district property
d. Crimes against students, district employees or general public on or near district property.
This event occurred on school property, during school hours, and involved school district employee and students. It therefore falls under the jurisdiction of the SDUSDPD.
2. Section II (Authority, Jurisdiction, and Duties) of the MOU further states that the SDUSDPD shall refer the following Criminal cases to the SDPD for investigation: Homicide, Officer involved shooting, Sex Offenses or lewd acts against a child, Child Abuse, Child Abduction, Rape, Missing persons or runaway juveniles, Auto theft, Hit & Run, Arson, Possession of Explosives or destructive devices, & injury traffic collisions. This event did not fall into any of the categories for referring criminal cases, and therefore remains under the jurisdiction of the SDUSDPD.
3. Section III (Operational Procedures) of the MOU states:
a. SDUSDPD will make concerted efforts to handle all calls for police services related to its primary duties.
b. SDPD & SDUSDPD shall be responsible for completing criminal investigations initiated their respective agency. Cases should not be routed to the other agency for follow-up unless special circumstances are present.
c. Each agency is responsible for forwarding appropriate cases to the District Attorney or City Attorney for criminal prosecution. The school district has not demonstrated that it made a concerted effort to handle this event (not a call for service) that is clearly related to its primary duties. It has not completed a criminal investigation and therefore referring this matter to the district attorney is premature and prejudicial toward the students concerned.
4. Section V (Spontaneous School Related Incident) of the MOU states:
a. If the spontaneous incident is non violent, the school administration, in conjunction with SDUSDPD personnel, shall decide what resources are available and consult with the supervisor.
b. SDUSDPD supervisor shall make an initial decision regarding law enforcement response based on his/her knowledge of the incident, school district policies, and school police resources. If the incident is outside the scope of the SDUSDPD resources, there is significant threat to human life or property, or the SDPD/SDUSDPD supervisor determines that the incident is critical in nature requiring a Unified Command Structure, the SDUSDPD supervisor may relinquish command and control to the SDPD supervisor who shall assume the role of the incident commander. The School District has not demonstrated that school site administration in conjunction with SDUSDPD personnel properly evaluated the resources available or consulted with a supervisor. The district also has not demonstrated that the SDUSDPD supervisor made a decision regarding the law enforcement response after considering the incident and resources available. The district has not demonstrated that the incident was outside of the scope of the SDUSDPD or involved a significant threat to life or property. The district also has not demonstrated that the incident was critical in nature and required a unified command structure.