To provide definitive operational guidelines for the Berkeley Police and the University of California Police in those areas in which the two Departments share concurrent jurisdiction.
The University of California Police Department will work in partnership with the neighboring law enforcement agencies, particularly the Berkeley Police Department, to provide top-quality, professional police and crime prevention services to our broader community. UCPD will have the primary responsibility for all law enforcement response to University owned or controlled property and facilities. Regardless of jurisdictional boundaries, in the case of a serious in-progress crime, UCPD will respond and work to stabilize the situation prior to determining which agency has primary jurisdiction.
- This Order reflects the current situation and has been agreed upon by both Departments. It will remain in effect until amended, revised, or terminated by mutual agreement.
- This Order does not change or affect existing Berkeley and University of California Police Orders which relate to the University of Calfornia directly or indirectly.
The following terms are defined for this Order thus:
- Department: The Berkeley Police Department or the University of California, Berkeley Police Department.
- Concurrent Jurisdiction: Statutory Jurisdiction for Performance of Peace Officer Functions.
- Operational Area: Geographic Limitations within which Operational Responsibility will be Exercised.
- Operational Responsibility: Refer to Paragraph 10.b.
- Both the University and Berkeley Police Departments have concurrent legal jurisdiction and authority on the University of California campus including the affiliated properties of the University which are located off-campus and within the City of Berkeley.
- The Berkeley Police Department has legal authority to exercise peace officer powers throughout the City of Berkeley and to enforce City Ordinances, State and Federal laws on those areas of the University of California campus located within the city. This authority does not include enforcement of University Rules and Regulations.
- UCPD under Section 830.2(b) of the California Penal Code has legal authority to exercise peace officer powers any place in the state, provided that the primary duty shall be the enforcement of law within the area specified in Section 92600 of the Education Code, to wit: (a) the campuses of the University of California and an area within one mile of the exterior boundaries of each thereof, and (b) in or about other grounds or properties owned, operated, controlled, or administered by The Regents of the University of California.
- The basic intent of this mutual agreement is that the University of California Police shall exercise operational responsibility on all property of, and in specified facilities operated or controlled by, the University of California, including Lawrence Berkeley National Laboratory (LBNL) property. Specific campus boundaries are listed in Section IX. Other facilities are listed in Appendices 1 and 2.
- The Berkeley Police shall have operational responsibility for the City of Berkeley including off-campus facilities owned, operated, or controlled by the University of California, except that the University Police shall have operational responsibility for the University campus and the buildings, grounds, and parking facilities listed in Appendices 1 and 2 located within the public sidewalks, while Berkeley Police shall have operational responsibility for the public sidewalks and streets.
- It has been mutually agreed that:
- In their respective areas of operational responsibility, each department shall be responsible for the prevention of crime, the preservation of peace and order, the enforcement of laws and ordinances, the investigation, reporting and accounting of all criminal offenses including "Part I" violent crimes, and for providing such other police services as the regulations or orders of the respective departments may require.
- Normally, officers of both departments will act only in the operational area assigned by this Order except upon request of the other agency.
- When an officer observes a non-emergency situation requiring police attention in the other's area of operational responsibility, the officer shall notify the other department. When confronted by an emergency in the other's area which, in the officer's opinion, requires immediate action, the officer will take such action and notify the other department at the first opportunity.
- When operating jointly, the officer whose department has operational responsibility is in charge regardless of rank. This provision, however, may be modified or suspended by mutual agreement. An assisting officer shall not take action which is in conflict with a policy or procedure of his/her own department.
- Response to alarmed facility including the 911 Emergency telephone: When a facility not within the operational responsibility of the University Police has been equipped with an intrusion or other emergency alarm at the direction of UCPD, the immediate response to and determination of the cause of the alarm shall be the responsibility of UCPD. Berkeley Police shall maintain operational responsibility for such facilities for all other purposes.
- Telegraph Avenue/South Campus Joint Police Patrol
- By mutual agreement in December 1969, the City and the University established a joint UCPD/BPD Patrol in the South Campus area as a cooperative venture to reduce, by preventative patrol, the high incidence of serious crime and disorder in this densely populated area. This evolved in to the current program consisting of bicycle and foot patrols seven days a week, as staffing permits.
- Officers assigned to the Telegraph Avenue Patrol (TAP) are expected to embrace the community involved policing concept. They will be responsible for identifying problems in the area and using innovation in attacking and solving these problems. Both vigorous law enforcement and community engagement constitute a minimum standard of performance for offices assigned to the TAP.
- The Berkeley Police Department and the University Police Department will each generally designate four officers to be dedicated to the joint patrol.
- The area of focus for the TAP will generally be within the area bounded by the University (Bancroft Way) on the north, Derby Street and Willard Park on the south, Dana Street and College Avenue.
- Both Departments will coordinate the hours of the TAP officers so as to closely match, to the extent possible, the hours of their counterparts.
- People's Park - Joint Police Patrols - UCPD has primary responsibility for police services in People’s Park, however as a practical matter and in a spirit of cooperation, officers from either Department will investigate matters that they individually originate or view in progress.
- Matters that BPD officers originate or view in progress shall be brought to the attention of the on duty UC patrol supervisor and copies of the BPD report shall be routed to UCPD. UCPD patrol supervisor will have the responsibility of obtaining the BPD report or having it forwarded to UCPD Records Division as soon as possible. A case number will be issued and written at the top of the BPD report.
- Both agencies will have joint responsibilities for events in People's Park.
- As part of Telegraph Avenue Patrol duties, both agency's officers will patrol the Park together on a daily basis and handle calls for service in the Park. It is the UC TAP officer’s primary responsibility to handle the calls for service in the Park. It is the UC TAP officer’s duty to obtain a copy of or have a copy of the BPD report forwarded to UCPD when the BPD TAP officer writes the report. A case number shall be obtained and written at the top of the BPD report.
- UCPD’s patrol officers will handle calls for service in the park when UC TAP officer(s) are not on duty or when UC TAP officer(s) are not available.
- During graveyard shifts, patrol personnel will be responsible for walking through People’s Park at least twice during the hours of 0200 - 0600. Whenever possible, this should be done with the BPD beat officer.
- Explosive Ordinance Technicians (Bomb Squad) - UCPD and Berkeley PD have agreed to assist each other with the disposal of potentially explosive devices. Technicians from the agency with operational jurisdiction will be in charge, assisted by technicians from the other agency. See General Order O-3 for information on UCPD response to calls for explosive device disposal.
- UCPD/BPD Emergency Response Unit – Joint Training and Use
- The following is designed to establish the necessary operational procedures for coordinating efforts between the Berkeley Police Department’s Barricaded Subject Hostage Negotiation Team (BSHNT) and the UCPD Negotiation and Entry Team (NET) and the successful completion of their missions. Both departments have qualified/trained personnel in the area of special operations.
- As time and resources permit, mutual training will be conducted between BSHNT and NET, including the exchange of instructors as needed.
- Should an incident within the jurisdiction of the Berkeley Police Department result in the activation of BPD’s BSHNT and it is determined by BPD Field Command that assistance is needed, a request will be made through the on-duty UCPD Watch Commander asking for response from their NET. UCPD NET will respond to the situation to assist BPD BSHNT as necessary, including on perimeter assignments. Operational command remains with the Berkeley Police Department under these circumstances.
- Should an incident within the jurisdiction of the University of California Police Department result in the activation of UCPD’s NET and it is determined by UCPD that assistance is needed, a request will be made through the on-duty BPD Watch Commander asking for response from their BSHNT. BPD BSHNT will respond to the situation to assist UCPD NET as necessary, including on perimeter assignments. Operational command remains with UCPD in these circumstances.
- BSHNT and NET will share in the use of such equipment and material as may be at their disposal during joint operations.
- Each department will be responsible for the compensation, welfare and care of their respective team members.
- Crowd Control - It has been mutually agreed that:
- Each Department is responsible for all police response to crowd control situations occurring within their jurisdiction. Additionally, each Department will maintain close liaison with the other in crowd control situations likely to require a police response from both Departments.
- Consistent with available resources, each Department will provide training to its officers in crowd control philosophy and techniques.
- Where potential crowd control situations that are likely to require a police action by both agencies are known in advance, representatives from each Department will be designated to act as interdepartmental liaisons.
- Each agency shall have overall responsibility for crowd control actions taken within its respective areas of jurisdiction.
- The senior ranking officers of the agency having jurisdiction at the scene of any crowd control action shall have overall responsibility for that action. It is expected, that whenever possible, the senior ranking officers will consult with the senior ranking officers from the other agency before any joint action is taken.
- Where individual or organizational sponsors of events are known in advance, the Police Department will attempt to contact and work together with leaders to identify and resolve potential problems.
- When responding to an “Officer Needs Help” (11-99) broadcast, the responding agency shall, when possible, act under the direction of the requesting agency.
- Officers involved in crowd control actions, under the direction of or in the jurisdiction of the non-employing Department, shall not take any action in direct conflict with the policies, and regulations of the employing agency. Any perceived conflicts shall be reported, at the earliest possible opportunity, to a supervisor with the Officer’s agency.
- Complaints of misconduct arising out of a crowd control action will be investigated by the agency against whose employee the allegation is made. Where no specific officers or agency are identified in the complaint, the investigation will be conducted by the agency having initial and/or primary jurisdiction over the crowd control situation. The Chief of Police shall insure that his/her employee(s) give full cooperation, relative to what they witnessed, in administrative investigations conducted by sworn members of the outside police agency.
- All public offense and police service reports originating on campus and within the buildings and facilities designated as the operational responsibility of the UCPD shall be processed as assigned UCPD workload and included in the regular crime arrest and statistical reports of the department.
- All other UCPD action and/or service originating by assignment, on-view or as an assist in the off-campus areas of the City of Berkeley shall be recorded, numbered and classified as "Outside Assist" cases, except those cases involving assaults on UCPD Officers.
- The University of California campus is specifically bounded in Berkeley as follows:
|North and East from Hearst and Highland Place||U.C. Fence Line|
|Hearst Avenue - South Side: E/S Highland Place to E/S Gayley||South Curb Line||Berkeley Police shall have operational responsibility north of extended south edge of sidewalk through intersection of Hearst and Gayley|
|Hearst Avenue - South Side: West Side of Gayley to East End of University House Wood Fence||South Edge of Sidewalk|
|Hearst Avenue - South Side: East End of University House Wood Fences to 2400 Hearst (Gate to Chancellor's Garage)||Wooden Fences to 10 feet South of Curb Line|
|Hearst Avenue - South Side: 2400 Hearst to N/W Corner Education Building at Extended Line from Sidewalk Drain to Curb||Curb Line|
|Hearst Avenue - South Side: N/W Corner Education Building (Sidewalk Drain) to West Side Tolman Hall Service Road||10 Feet South of Curb Line|
|Hearst Avenue - South Side: West Side Tolman Hall Service Road to Oxford Street||South Edge of Sidewalk|
|Piedmont Avenue - West Side: From Bancroft, North to South line of Crosswalk which is North of 2222 Piedmont||West Edge of Sidewalk|
|Piedmont Avenue - East Side: From the South Line of Crosswalk opposite 2222 Piedmont, South to North Side of Bancroft to include International House||East Edge of Sidewalk|
|Oxford and Fulton - East Side: Hearst to Bancroft||East Edge of Sidewalk|
|Bancroft Way - North Side: Fulton to Piedmont||North Edge of Sidewalk||Where edge of sidewalk is not clearly defined, 10 feet north of curb line.|
|Bancroft Way - North Side: Piedmont to East Side of Warring||East Edge of Sidewalk|
|NE Bancroft and Warring||Property Lines of 2833 Bancroft Steps and 2250 Prospect Street||From NE Bancroft and Warring, the boundary line runs northerly, then easterly, then southerly to NW Bancroft and Prospect so that Berkeley Police operational responsibility includes the properties at 2833 Bancroft Steps, a sorority house; and 2250 Prospect Street, a residence hall.|
|Prospect Street - West Side: From Extended N Property Line 2250 Prospect, Southerly to N Side of Bancroft||West Curb Line|
|Bancroft Way - North Side: E Side Prospect to Canyon Rd.||North Curb Line|
|Canyon Road - West and North Side: U.C. Fence Line to Extended N Property Line of 55 Canyon Road||U.C. Fence Line|
|End of Canyon Road||U.C. Property Line|
|Clark Kerr Campus (Formerly the "California School for the Deaf and Blind")||U.C. Property|
- The Smyth-Fernwald Residence Halls' boundaries are clearly delineated. Descriptions are furnished for west and south boundaries only.
|Hillside Avenue- East Side: Dwight, Northerly to S Property Line of 2425 Hillside||10 Feet East of E Curbstone Retaining Wall|
|Dwight Way - North Side: Hillside, east to Fernwald Halls
Main Entrance Roadway
|North Edge of Sidewalk||The houses on Dwight Way
east of Smyth - Fernwald Halls are Berkeley Police Responsibility.
- To facilitate identification, the campus boundaries listed are described by physical lines of demarcation such as sidewalks and curb lines in place of geographical measurements and may not be precise in all cases. Boundaries described are intended to be the actual boundaries. Notes are added when the agreed operational area and the actual boundaries differ
- This Order will be amended in the future as conditions may require.
- Future amendments will be by a General Order and only after agreement by both departments.
- This is the eighteenth revision (issued December 17, 1999), not including amendments, since the issuance of the first Order on May 1, 1958, relating to the continued need to review and update existing written jurisdictional agreements. Those agreements are intended to serve the University's ever changing needs best. This Order supersedes General Order O-15, issued April 28, 1993 with an Addendum, issued June 23, 1993, Special Order O-13, dated April 3, 1991, and General Order O-2, dated December 1, 1995, revised March 21, 1996. Appendices 1 and 2, which list all off-campus properties under UCPD jurisdiction, were last revised in December 2007.