BY: Councilmember McGowan
RESOLUTION NO. 09-37
TO AUTHORIZE THE VILLAGE MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH DENISON UNIVERSITY RELATING TO CAMPUS SECURITY
WHEREAS, Denison University is a private institution located within the corporate limits of the Village of Granville; and
WHEREAS, Denison University, pursuant to the provisions of Section 1713.50 of the Ohio Revised Code, has established a campus police agency; and
WHEREAS, the Denison Chief of Campus Security and Safety is a commissioned peace officer and has full arrest power on campus; and
WHEREAS, it is recognized that cooperation between the Granville Police Department and Denison University is essential to maintaining effective safety and security on the Denison campus; and
WHEREAS, the attached Memorandum of Understanding outlines the procedures to be followed on the campus of Denison University concerning the reporting and investigation of criminal activity, responses to emergency situations, and the discharge of other administrative and service activities.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Granville, Ohio that:
Section 1. The Village Manager is hereby authorized to enter into a Memorandum of Understanding with Denison University relating to campus security. A copy of the Memorandum of Understanding is attached hereto and marked as Exhibit "A".
Section 2. This resolution shall take effect immediately upon passage.
Passed this 15th day of July, 2009.
Memorandum of Understanding
The purpose of this memorandum is to set forth procedures to be followed on the campus of Denison University concerning reporting and investigation of criminal activity, response to emergency situations, and discharge of such administrative and service activities as checking radio antennae and water towers. It is recognized that cooperation between the Granville Police Department and Denison University is essential to the effective performance of such tasks. By setting forth the following policies and guidelines, both the spirit of cooperation and effectiveness of law enforcement responsibility should be enhanced. No provision of this agreement shall be construed to limit in any way the public safety responsibility or authority of the Granville Police Department, as may be provided by law, nor to limit the authority of Denison University as a private institution for the health, welfare, and safety of faculty, staff, students and visitors, and for the discipline of its students. Denison University has not granted a license to the Granville Police Department to patrol the campus at will. The jurisdiction of the Granville Police Department on campus shall include those areas within the Village corporation limits as well as those areas in Granville Township that are within the jurisdiction of the Granville Police Department through agreement with Granville Township.
The word "campus," as used in this memorandum, shall include both upper and lower campus properties, as well as the athletic fields, or other Denison property located within the Village and shall include those Denison properties in Granville Township that are within the jurisdiction of the Granville Police Department through agreement with Granville Township.
Both the University and the Village shall be responsible for the mutual sharing of information for incidents such as vandalism and petty theft with similar patterns of activity, letters and/or names of persons receiving warnings for trespassing, and similar situations that may be helpful to either party.
Denison University has obtained an ORI number for the University to obtain information from the Law Enforcement Automated Data System, (LEADS), and the National Crime and Information Computer, (NCIC), databases. The University entered into a Non-terminal Agency Agreement with the Granville Police to obtain information from their LEADS terminal.
Denison will be responsible for any fees associated with non-terminal agency access to LEADS. Denison employees or students responsible for the handling or use of LEADS documents shall be trained and certified according to LEADS rules.
The Board of Trustees of Denison University adopted the Ohio Revised Code, (ORC) 1713.50, which authorized the forming of a Campus Police Agency. The Chief of Campus Security and Safety is a commissioned peace officer and has full arrest power on campus. The Chief will take arrest action on an as needed basis. Campus Security and Safety has adopted an arrest, use of force, and vehicle pursuit policy for such actions. The Granville Police will continue to be the primary agency that makes arrests on Denison University property.
Both the University and the Village are cognizant of Section 2921.22 (A) of the ORC which provides:
No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.
Section 2921.22 (G) ORC, sets forth the exceptions to these reporting requirements. The exceptions are as follows:
1. The information is privileged by reason of the relationship between attorney and client; doctor and patient; licensed psychologist or licensed school psychologist and client; member of the clergy, rabbi, minister, or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character husband and wife; or a communications assistant and those who are a party to a telecommunications relay service call.
2. The information would tend to incriminate a member of the actor's immediate family.
3. Disclosure of the information would amount to revealing a news source, privileged under section 2739.04 or 2739.12 of the Revised Code.
4. Disclosure of the information would amount to disclosure by a member of the ordained clergy of an organized religious body of a confidential communications made to that member of the clergy in that member's capacity as a member of the clergy by a person seeking the aid or counsel of that member of the clergy.
5. Disclosure would amount to revealing information acquired by the actor in the course of the actor's duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency, or organization certified pursuant to Section 3793.06 of the Revised Code.
6. Disclosure would amount to revealing information acquired by the actor in the course of the actor's duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of section 2907.02 or 2907.05 of the Revised Code or to victims of felonious sexual penetration in violation of former section 2907.12 of the Revised Code. As used in this division, "counseling services" include services provided in an informal setting by a person who, by education or experience, is competent to provide those services.
Except when such reporting is specifically not required by Section 2921.22 (G)(1) through (6), as noted above, or as the same may hereafter be amended, the University will report immediately all felonies of which it has knowledge to the Granville Police Department. The report will be submitted by formal complaint as required by the Granville Police Department. Investigation of reported felonies shall commence and continue as deemed necessary by the Granville Police Department or other law enforcement authority, subject to the notice requirement set forth in paragraph VIII below.
The Granville Police Department reserves the right, as may be provided by law, to investigate on campus any alleged misdemeanor offense. Denison University reserves all of its rights, privileges, and immunities as an owner of private property as provided by law. It is recognized that Denison University has always respected the rights of students, faculty, staff members, and citizens to file a complaint with the Granville Police Department; and it is understood that the latter must proceed on such complaint without regard to who files it. In the absence of the filling of a complaint, and subject to the matters set forth in Section VII, normal procedures shall be for Denison University's Security Department to investigate misdemeanors.
The Granville Police Department, with assistance from Campus Security and Safety shall conduct investigations on campus of those matters involving felony drug offenses, crimes of violence as defined by the ORC or crimes involving physical harm to a person, and automobile accidents where OVI may be involved. All contraband seized by Campus Security and Safety shall be turned over to the Granville Police Department for disposal or storage as appropriate.
For traffic violations observed by a member of the Denison University Campus Security and Safety involving a driver suspected of driving a motor vehicle under the influence of alcohol or drugs, the Granville Police will be responsible for investigation and prosecution of suspects
VII. SPECIAL CIRCUMSTANCES
A. Fresh Pursuit:
The right of the Granville Police Department, or a member thereof, to continue in fresh pursuit of one who has violated criminal and/or traffic law, shall be understood and respected, and nothing contained in this memorandum shall prohibit the entry onto the Denison Campus of a law enforcement officer in such pursuit.
B. Plain View:
Nothing in this memorandum shall prohibit the Granville Police Department, or a member thereof, from arresting an individual who has committed a criminal offense within the sight of the arresting officer and from investigating a criminal offense, which has been committed within such sight. Granville Police Department will notify Denison University's Campus and Security after such incidents and make all requested reports available for pick up on a weekly basis, or more frequently as may be requested. In the event of a Department/Security liaison being appointed by the Granville Police Department, the officer will be responsible for supplying said reports.
There may be situations of necessity where the Denison University Campus Security and Safety Department, Granville Fire or Emergency Squad, or any other local, state, or federal law enforcement or safety agency needs the assistance of the Granville Police Department and time does not permit the filing of a formal complaint. Nothing contained in this memorandum shall prohibit the entry of the Granville Police Department, or a member thereof, onto the Denison campus during a situation, which, in the opinion of the Granville Police Department or any of the aforementioned departments or agencies, is one of such necessity.
Whether proceeding to investigate a felony complaint, a misdemeanor complaint or upon entering the campus for any purpose related to law enforcement, the Granville Police Department shall give notice to the Denison University Campus Security and Safety Department prior to entering the campus. While it is realized that in emergency situations it may not be possible to give advance notice, notice shall be the rule, not the exception. Such notice will assist coordination of law enforcement efforts between the Granville Police Department and the Denison University Campus and Safety Department. Telephone contact with the Denison University Campus Security and Safety Department dispatcher shall be sufficient notice.
After every fourth year of its existence or at the earlier written request of either party, this document shall be reviewed for content and implementation by a safety review committee appointed by the Granville Village Council and Denison University.