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Resolution No. 74121 RESOLUTION NO. 7412 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF 4 A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE CALIFORNIA HIGHWAY PATROL 5 ("CHP") REGARDING CHP HANDLING OF TRAFFIC 6 COLLISIONS IN THE CITY OF VERNON 7 WHEREAS, the new Area Commander of the East LosAngeles 8 Area of the CHP has prepared an updated Memorandum of Understanding 9 Regarding California Highway Patrol Handling of Traffic Collisions 10 in the City of Vernon ("MOU") for execution by the City of Vernon 11 and the Area Commander on behalf of the CHP; and 12 WHEREAS, circumstances of certain traffic collisions may 13 give an appearance of a conflict of interest if the investigation is 14 handled by the Vernon Police Department; and 15 WHEREAS, in such circumstances, in order to avoid the 16 appearance of a conflict of interest and to protect the integrity of 17 such investigation, it may be desirable to have an agency other than 18 Vernon Police Department conduct the traffic investigation; and 19 WHEREAS, the City Council of the City of Vernon has 20 reviewed the MOU and determined that the City of Vernon Police 21 Department will retain the ability to decide whether or not to take 22 over each such investigation. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 24 CITY OF VERNON AS FOLLOWS: 25 SECTION 1: The City Council of the City of Vernon hereby 26 finds and determines that the recitals contained hereinabove are 27 true and correct. 28 /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 P*A 23 24 25 26 27 28 SECTION 2: The City Council of the City of Vernon hereby approves the MOU, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders a copy of said MOU to be received and filed by the City Clerk. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and City Clerk to execute said MOU for and on behalf of the City of Vernon. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 21st day of September, 1999. ATTEST: BRUCE V. MALKENHORST, City Clerk -2- EONIS C. MIV4BURG, IMayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No�. 7412, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, September 21, 1999, and thereafter was duly signed by the Mayor of the City of Vernon. , (SEAL) 3.7412 -3- BRUCE V. MALKENHORST, City Clerk SUPPORTING DOCUMENTS MEMORANDUM OF UNDERSTANDING Regarding California Highway Patrol Handling Traffic Collisions In The City Of Vernon This is a Memorandum of Understanding (MOU) between the Vernon Police Department (VPD) and the California Highway Patrol (CHP), East Los Angeles Area. The scope of this MOU covers instances when the CHP will conduct investigations of traffic collisions within the City of Vernon. PURPOSE The purpose of this MOU is to establish when the CHP will conduct collision investigations in the City of Vernon. The Vernon Police Department has recognized that there are times when an outside investigation is desirable. This does not reflect on the competence or integrity of the Vernon Department's traffic investigations. This procedure is to protect the integrity of such investigations when circumstances may give the appearance of a conflict of interest if Vernon Police Department handled the investigations. PROCEDURES The CHP will handle all collisions involving Vernon Police vehicles and private persons where the following conditions exist: (1) Any reported injury, including complaint of pain by any party. (2) Major damage to any vehicle involved. (3) Where the Vernon Police Watch Commander or superior officer deems that unusual circumstances make an outside investigation desirable. The CHP will handle all collisions, injury or non -injury, in the City of Vernon involving members of the Vernon City Council. That is when the Mayor or other members of the City Council is a party, passenger, or witness to the collision. Such circumstances may be, but not limited to, a potential conflict of interest, special circumstances such as multiple fatalities or hazardous materials where special expertise is needed. These will be decided on a case -by -case basis by VPD in consultation with a CHP supervisor. If requested by the VPD Watch Commander, CHP will dispatch a CHP Supervisor to the scene. This will be done to monitor the investigation and consult with VPD Supervisors. The CHP Supervisor's availability will be subject to the CHP's needs. CHP investigations will be independent and objective. It shall be the policy of VPD not to influence the outcome of the investigation. VPD may conduct its own investigation simultaneously. The purpose of the VPD, investigation will be to gather information for an internal review. Requests for CHP investigations will be made by directly contacting the East Los Angeles CHP Watch Commander. If the CHP Watch Commander or designee is not available by phone, requests will be directed through the Los Angeles Communications Center (LACC). TERMINATION PROVISIONS Any party to this agreement desiring to terminate participation shall notify the other in writing of their intent to withdraw. Withdrawal from participation in this agreement shall not take effect less than ten (10) days from the date of notification. The parties, evidenced by their signature hereto, agree that this MOU shall be effective upon approval and shall remain in full force and effective until any party withdraws from participation. It is further acknowledged by all parties that certain portions of this agreement my require amendments during the term of this MOU if their governing bodies so direct. If any provision of this MOU is held invalid or unconstitutional, such decision shall have no effect on the validity of the remaining provisions of the MOU, and such remaining provisions shall continue and remain in full force and effect. AGREED HERETO BY ALL PARTIES WHOSE SIGNATURE APPEAR BELOW: LE NIS C. MALB G, Date Mayor PETE RAMOS Date Captain Area Commander ATTEST: California Highway Patrol East Los Angeles Area BRUCE V. MALKENHORST, APPROVED AS TO City Clerk 7L- EMARDO, OL Assistant City Attorney OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK INTER -OFFICE MEMORANDUM TO: Bruce Olson, Chief of Police FROM: Gloria J. Orosco, Chief Deputy City Clerk DATE: October 12, 1999 RE: MEMORANDUM OF UNDERSTANDING - CHP Regarding Handling Of Traffic Collisions in the City of Vernon Enclosed herewith is a fully executed copy and a duplicate original of the above referenced MOU which was approved by City Council through Resolution No. 7412 on September 21, 1999. Please mail the fully executed duplicate original to Mr. Pete Ramos, Captain & Commander of the California Highway Patrol.