MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposed Agreement to Extend University Public Safety Jurisdiction
DATE: May 29, 2002
The attached resolutions would authorize the Manager to enter into an agreement with the University to extend on a limited basis the law enforcement jurisdiction of the University Department of Public Safety.
We recommend that the Council adopt Resolution A to authorize the Manager to sign an agreement proposed by the University that would extend the jurisdiction of the University Department of Public Safety to include the magistrate’s office at the Chapel Hill police headquarters building, and any location within the Town limits at which the campus police are conducting an investigation into a criminal act committed on campus.
Adoption of Resolution B would authorize the Manager to sign an agreement with the University that would extend the jurisdiction of the University Department of Public Safety to include only the magistrate’s office located in Chapel Hill.
Currently, the off-campus law enforcement jurisdiction of University police officers is limited. University officers have jurisdiction on public streets adjoining campus property. They also have the authority to arrest a suspect who has committed a crime on campus and is apprehended fleeing the scene of the offense. All other off-campus law enforcement activities, including follow-up investigations, arrests, and the service of warrants at the magistrate’s office must be done by Chapel Hill officers or in conjunction with Chapel Hill officers.
North Carolina General Statute 116-40.5(b) authorizes the Board of Trustees of the University to enter into an agreement with the governing board of a municipality to extend the law enforcement authority of campus officers into the municipality’s jurisdiction. Pursuant to this statute the University has petitioned the Town to authorize a limited extension of jurisdiction for University officers. The extension would apply only to off-campus investigations of criminal matters that took place on campus property, and to the service of criminal processes at the magistrate’s office.
On February 25, 2002 the Council considered a recommendation from the Manager to enter into such an agreement with the University. Following consideration of the Manager’s recommendation the Council voted to schedule a public forum to seek comment on the issue. The forum was held on April 8.
Two citizens spoke at the public forum. One citizen stated that he had experienced negative encounters with University officers in the past. This citizen also expressed concern that the University police would not be accountable to the citizens of Chapel Hill. A second citizen expressed support for the proposed agreement. This citizen stated that expanding the University’s jurisdiction would be a cost savings for the Town and would increase the availability of Chapel Hill officers to provide services to Town citizens.
DISCUSSION
During the February 25 business meeting and the April 8 public forum four questions were asked by Council Members.
Would the Town maintain any oversight of actions taken by University officers acting in accordance with the agreement?
Staff response: Department of Public Safety Director Derek Poarch has developed a policy that outlines training and implementation protocols regarding the proposed extended jurisdiction. The policy clarifies the circumstances under which the extended jurisdiction would be exercised. It also specifies reporting requirements, including a requirement that quarterly reports detailing all actions taken under the agreement are forwarded to the Town. The draft policy is attached.
Should the Town receive a complaint from a citizen regarding actions taken by a University officer exercising his/her authority under the proposed agreement, it would be reviewed by the Chapel Hill Police Chief. The matter would also be referred directly to Chief Poarch.
The Town may also choose to terminate the proposed agreement at any time.
Would the agreement result in a cost savings to the Town and, if so, what would the savings be?
Staff response: Chapel Hill police officers provide approximately twelve hours of assistance per month to the University police on issues crossing jurisdictional boundaries. Adoption of the proposed agreement would represent an annual savings to the Town of approximately $3,000.
Have other University campuses entered into similar agreements their adjoining municipalities?
Staff response: The City of Raleigh and North Carolina State University, and the City of Durham and North Carolina Central University have both enacted agreements.
Could the extension of the University’s jurisdiction be limited to the Chapel Hill magistrate’s office?
According to General Statute 116-40.5(b), a municipality entering into an agreement with the University may specify the scope and circumstances under which extended jurisdiction will apply. The Town could enter into an agreement with the University that limits the extended jurisdiction to the magistrate’s office (please see Resolution B).
SUMMARY
The Town and University Police Departments have a cooperative working relationship. The campus is located in the midst of the Town’s jurisdiction. Many properties closely affiliated with the University, including Granville Towers and fraternities and sororities, are located off the campus property. University officers currently have jurisdiction on Town streets on which campus properties are located. University and Town officers work together daily on minor and critical incidents.
We believe that the proposed agreement will enhance the relationship that now exists between the two departments.
RECOMMENDATION
Manager’s Recommendation:
That the Council adopt Resolution A, authorizing the Manager to sign the agreement proposed by the University Board of Trustees for extended law enforcement jurisdiction for the University of North Carolina Department of Public Safety.
Adoption of Resolution B would authorize the Manager to sign an agreement with the University that would limit the extension of the University’s public safety jurisdiction to the magistrate’s office in Chapel Hill.
ATTACHMENTS
RESOLUTION A
A RESOLUTION AUTHORIZING THE MANAGER TO SIGN THE AGREEMENT WITH THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL TO EXTEND THE LAW ENFORCEMENT JURISDICTION OF THE UNIVERSITY DEPARTMENT OF PUBLIC SAFETY (2002-05-29/R-12a)
WHEREAS, the North Carolina General Statutes provide that the governing board of a municipality and the Board of Trustees of a constituent institution of the University of North Carolina may enter into joint agreements to extend the law enforcement authority of campus police; and
WHEREAS, the Chief of the Chapel Hill Police Department and the Director of the University of North Carolina Department of Public Safety concur that such an agreement would be beneficial to the Town and the University communities;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to sign the Agreement to Extend the Territorial Jurisdiction of the University of North Carolina at Chapel Hill Department of Public Safety as requested by the University and attached to the report of the Town Manager.
This the 29th day of May, 2002.
RESOLUTION B
A RESOLUTION AUTHORIZING THE MANAGER TO SIGN AN AGREEMENT WITH THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL TO EXTEND THE JURISDICTION OF THE UNIVERSITY DEPARTMENT OF PUBLIC SAFETY TO INCLUDE ONLY THE MAGISTRATE’S OFFICE LOCATED IN CHAPEL HILL ( 2002-05-29/R-12b)
WHEREAS, the North Carolina General Statutes provide that the governing board of a municipality and the Board of Trustees of a constituent institution of the University of North Carolina may enter into joint agreements to extend the law enforcement authority of campus police; and
WHEREAS, the Chief of the Chapel Hill Police Department and the Director of the University of North Carolina Department of Public Safety concur that such an agreement would be beneficial to the Town and the University communities;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to sign an agreement with the University of North Carolina at Chapel Hill to extend the law enforcement jurisdiction of the University Department of Public Safety to include the magistrate’s office located in Chapel Hill.
This the 29th day of May, 2002.