CC - Agendas - City Council - REGULAR - 5/13/2014

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ikl (-7-::'-'•:', 1 ;a.t DEPARTMENT OF VETERANS AFFAIRS Northern Arizona VA Health Care System L I-, Prescott,Arizona 86313 In Reply Refer To: 649/07B May 1, 2014 Chief Jerald Monahan Prescott Police Department 222 South Marina Street Prescott, AZ 86303 Subject: Memorandum of Understanding (MOU) Dear Chief Monahan: I am writing to update the Memorandum of Understanding (MOU) between the U.S. Department of Veterans Affairs Police and the Prescott Police Department. My intention is to continue the excellent working relationship shared by our two agencies. As a preliminary matter, I am providing some background on concurrent and proprietorial jurisdiction as it applies to the various locations identified in this MOU. The term concurrent jurisdiction is applied in those instances where, in granting to the United States authority which would otherwise amount to exclusive jurisdiction over an area, the State concerned has reserved the right to jointly exercise authority with the United States, including the right to serve criminal or civil process in the area for activities which occurred outside the area. Where concurrent jurisdiction is in place, the Federal Government has the authority under Title 18 U.S.C. § 13, to assimilate a State law in those instances where there is no comparable Federal law to cover the offense; and,the Prescott Police Department retains its authority to enforce all laws and/or ordinances it would typically enforce throughout the City of Prescott. The Northern AZ VA Health Care System, located at 500 N. Highway 89 and the Prescott National Cemetery, located across from the VA Medical Center have concurrent jurisdiction. The term proprietorial jurisdiction is applied in those instances wherein the Federal Government has acquired some right or title to an area in a State, but has not obtained any measure of the State's authority over the area. In this arrangement, arrest authority of the VA Police exists only within those areas physically occupied or controlled by VA, and VA police officers can only enforce violations of Federal Law and/or VA Rules and Regulations. The State, County and Municipal law enforcement agencies have sole jurisdiction except for violations of Federal statutes and violations of established rules and regulations. Where proprietorial jurisdiction exists, the Prescott Police Department retains its authority to enforce all laws and/or ordinances it would typically enforce throughout the City of Prescott. VA retains proprietorial jurisdiction over leased office