TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Inquiry about UNC Public Safety Expanded Jurisdiction
DATE: March 3, 2003
The purpose of this memorandum is to respond to a request from a Council Member at the February 10 business meeting regarding the use by the University of North Carolina Department of Public Safety of its expanded jurisdiction authority.
BACKGROUND
On May 29, 2002 the Council approved an agreement between the Town and the University that granted officers of the University Department of Public Safety limited expanded jurisdiction. The agreement specifies that the expanded jurisdiction could be used if University officers were conducting a follow-up investigation to a crime that occurred on campus, or if officers were serving a judicial process at the magistrate’s office located at the Chapel Hill police headquarters building.
DISCUSSION
The expanded jurisdiction agreement took effect on July 1, 2002. Through December 31, 2002, University officers used their expanded jurisdiction authority five times. Three of the incidents involved follow-up investigations; two involved the service of a warrant. Chapel Hill police supervisors were notified of each incident in a timely manner. The quarterly reports summarizing each incident have been submitted to the Chief of Police in accordance with the agreement.
At the February 10 meeting two specific questions were asked regarding the expanded jurisdiction agreement.
1. What role has the UNC Department of Public Safety taken in assisting the FBI in keeping track of foreign nationals and foreign students living off campus?
Department of Public Safety Director Derek Poarch issued the following response to Chapel Hill Police Chief Gregg Jarvies:
“The University of North Carolina Department of Public Safety has not been asked by the FBI or any other law enforcement agency to monitor any University students, it has not conducted any such monitoring, nor will it do so if asked.”
2. If it so chooses, how could the Council get out of the jurisdiction agreement with the University?
According to the terms of the agreement, the “Agreement shall remain in effect until terminated by either party upon written notice to the other party”.
The Council could terminate the agreement by instructing the Manager to notify the University in writing that the Town has elected to terminate the agreement.
SUMMARY
The University of North Carolina Department of Public Safety has abided by all terms of the expanded jurisdiction agreement.
According to Director Poarch, the Department has not conducted, nor will they conduct, any monitoring of any foreign students.
We recommend no action.
ATTACHMENTS