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46 TCRP LRD 58 ⢠Community policing requires top-down agency-wide commitment to developing new skills through training and experimentation with new approaches to solving long-term community problems.657 MetroLinkâs Police Assistance Services Agreement shows that one of MetroLinkâs priorities is to integrate its transit polic- ing âwith the City of St. Louis Metropolitan Police Departmentâs initiatives on community policing to encourage more direct po- lice involvement with our riders and employees and to have a visible âpro-activeâ presence on and around [MetroLinkâs] public facilities.â658 XIX. PUBLIC TRANSPORTATION AUTHORITIESâ LAW ENFORCEMENT ORGANIZATION AND CONTRACTUAL STRUCTURES, INCLUDING INTER-AGENCY AND INTER-FORCE AGREEMENTS Public transportation authorities have organizational and contractual structures that apply to or govern their policing, in- cluding inter-agency and inter-force agreements. The methods that public transportation authorities implement to organize and structure their law enforcement vary from agency to agency. Some public transportation authorities have promulgated rules that apply to their policing and myriad activities and situations that the authorities may confront.659 Some agencies have âtheir own security staff, while others contract with local departments or private security firms.â660 A System-Wide Security Assessment (Security Assessment or Assessment) conducted for MetroLink analyzed its security conditions based on the four principles of âCrime Prevention Through Environmental Designâ (CPTED): 1. Natural Access Control â The physical guidance of people com- ing and going from a space by the judicial placement of entrances, exits, fencing, landscaping and lighting. 2. Natural Surveillance â The placement of physical features, activi- ties and people in such a way as to maximize safety. 3. Territorial Reinforcement â The use of physical attributes that express ownership, such as fences, pavement treatment, art,- signage, and landscape. 657 Introduction to Community Oriented Policing, U.S. Department of Justice Community Oriented Policing Services, at 10 (2005), https:// cop.spcollege.edu/Training/Intro/EN/IntroInstructor.pdf (last accessed Jan. 31, 2022). 658 MetroLink, Police Assistant Services Agreement (Jan. 1, 2020), [hereinafter MetroLink, Police Assistance Services Agreement], Appendix A, Item 7 (Exhibit B, at 10). 659 See MTA Rules of Conduct and Fines, supra note 586, § 1050.1(a). 660 Jason Plautz, Transit agencies weigh security forces amid calls to defund police, SmartCitiesDive, (June 25, 2020), https://www. smartcitiesdive.com/news/transit-agencies-weigh-security-forces- amid-calls-to-defund-police/580324/ (last accessed Jan. 31, 2022). The article states that Portlandâs TriMet uses security personnel from 14 dif- ferent agencies. It may be noted that a Pennsylvania court has opined that âdivided police responsibilities can result in new questions as to passenger safety and adequacy of protective forces or measures.â Rom- isher v. SEPTA, 1974 Pa. Dist. & Cnty. Dec. LEXIS 566, at *15, 65 Pa. D. & C.2d 483, 494 (1974). 4. Maintenance â Allows for the continued use of a space for its intended purpose. It serves as an additional expression of owner- ship, prevents reduction of visibility from landscaping overgrowth and obstructed or inoperative lighting.661 Applying CPTEDâs four principles, the Security Assessment found, for example, that many of MetroLinkâs physical assets reflected practices of the 1990s, which had not incorporated CPTED principles.662 The Security Assessment is informative in many respects. For example, it explains that [a] robust security program is layered and requires strategies that draw from all categories of recommendations: a security strategy that establishes the framework; CPTED principles that use space and human behavior to reinforce a secure environment; technology that enables efficient and effective prevention and response; police/ security staffing that collaborates to support system security; proce- dures and training that enable informed and skilled personnel; and fare and fare enforcement that contribute[] to positive interactions between the system, security personnel, and customers.663 The Assessment recommended that MetroLink have a âsecu- rity design criteria resourceâ that would apply âconsistent design principlesâ to MetroLinkâs security.664 The Assessment con- cluded that some of MetroLinkâs stations, assets, and activities arguably conveyed an impression of âlack of ownership,â thus communicating a message that could undermine the security of the system.665 The Assessmentâs recommendations included upgrading of MetroLinkâs technology, such as its CCTV camera network, coverage, and data-storage capability.666 The Assess- ment, which identified staffing as a promising area for the im- provement of security, recommended that training be focused âon the elements important for transit security.â667 XX. PUBLIC TRANSPORTATION AUTHORITIESâ AGREEMENTS AND STRATEGIES FOR EFFECTIVE ADMINISTRATION OF LAW ENFORCEMENT AND TRAINING Some public transportation authorities provided copies of their police assistance service agreements, intergovernmental agreements (IGA), memoranda of understanding (MOU), poli- cies, and standard operating procedures (SOP) that organize and implement their method of policing, copies of which are included in Appendix A to the digest. A. Agreements and Intergovernmental Agreements for Police Assistance Services MetroLink has a Police Assistance Services Agreement with the City of St. Louis, Missouri, Police Division, for police pro- 661 Metrolink, System-Wide Security Assessment, Recom- mendations (Feb. 15, 2019), Appendix A, Item 1, at 7. 662 Id. 663 Id. at 19. 664 Id. at 7. 665 Id. at 8. 666 Id. at 9. 667 Id. at 14-15.
TCRP LRD 58 47 tection and presence on MetroLink trains and property, which applies to MetroLinkâs operation of its light rail system within the City of St. Louis and St. Louis County, Missouri, and St. Clair County, Illinois.668 Article IV of the Agreement specifies the ser- vices that the Cityâs Police Division will provide to MetroLink.669 TriMet in Oregon has entered into an IGA with Multnomah County through the Multnomah County Sheriff âs Office (MCSO), i.e., the âPrime Agreement.â670 Pursuant to the IGA, the County provides police services to TriMet and administers the Transit Police Division. TriMet has separate IGAs, i.e., âSubsid- iary Agreements,â with other jurisdictions to provide law enforce- ment officers to the Transit Police Division.671 A similar IGA for transit police services is in effect between TriMet and the City of Beaverton.672 Although a copy of the TriMet- Multnomah County IGA is included in Appendix A, this subsection of the digest sum- marizes some of the key provisions of the IGA. Under TriMetâs IGA with the MCSO, which is an indepen- dent contractor, the MCSO retains âall authorityâ regarding the rendering of services, standards of performance, and the con- trol of its personnel and other matters that are incident to the MCSOâs performance of services under the agreement.673 The parties agree annually on the level of police service, including personnel, equipment, and related support, that MCSO will provide for TriMet.674 Officers, deputies, and other personnel of any Subsidiary Agency assigned to the Transit Police are em- ployees of their respective agencies and are not considered to be employees or agents of TriMet or the MCSO.675 The IGA obligates TriMet and MCSO to âwork together to insure that the deployment and priorities of police person- nel assigned to TriMet [are] effective and efficient . . . in accor- dance with TriMetâs Public Transit Agency Safety Plan (PTASP), TriMetâs Security Management Plan (SMP), TriMetâs Emer gency Operations Plan (EOP), [and] Federal Transit Administration (FTA) regulations concerning safety and security of transit sys- temsâ¦.â676 The parties to the IGA and to any Subsidiary Agree- ment agree to use Transit Police precincts to âexpand and enhance 668 MetroLink, Police Assistance Services Agreement, supra note 658, Appendix A, Item 7, at 1, 3. 669 Id. at 3. 670 TriMet, Intergovernmental Agreement between Multnomah County and the Tri-County Metropolitan Dis- trict of Oregon (April 7, 2021), [hereinafter TriMet/Multnomah IGA], Appendix A, Item 20. See also, exhibits and attachments to the IGA. 671 Id. at ¶ 2(a)(ii). It may be noted that âMultnomah County [is] named as a Third Party Beneficiary of the subsidiary agreements for purposes of the indemnity obligations imposed upon Subsidiary Agen- cies.â Id. 672 MetroLink, Law Enforcement Service Agreement between Bi-State Development Agency of the Missouri-Illinois Metropolitan District and St. Clair County, Illinois (commencing July 1, 2021), Appendix A, Item 9. 673 TriMet/Multnomah IGA, supra note 670, Appendix A, Item 20, at ¶ 2(a)(iii). 674 Id. at ¶ 2(b). 675 Id. 676 Id. at ¶ 3(a). community policing, safety and security on the transit system.â677 The Divisionâs command personnel super vise â police personnel for the daily operations of the Transit Police.â678 The command of the officerâs or deputyâs jurisdiction and the command of Transit Police personnel jointly determine the â[s]election and assign- ment of officers and deputies to the Transit Policeâ¦.â679 The MCSO agrees to provide one TriMet Chief of Police and one Lieutenant to âdevelop overall goals, objectives, and strate- gies for the Transit Police . . . consistent with the requirements and obligationsâ of the Agreement.680 Officers and deputies who are assigned to the Transit Police Division serve a minimum of three years.681 As for the use of non-sworn personnel, âTriMet authorizes the Transit Police to hire any necessary and appro- priate non-sworn personnel to support the duties of the Transit Police Chief in the administration of transit police services.â682 The MCSO is âresponsible for paying the salaries, overtime, insurance, retirement, cell phone monthly bases, and other bene- fitsâ in respect to its deputies and other personnel who are serving in the Transit Police Division.683 Deputies and other personnel who are âassigned to the Division from MCSO are subject to and protected by their respective collective bargaining agreements.â684 As for vehicles for the Transit Police Division, TriMet agrees to purchase them for the exclusive use of TriMet and the Transit Police Division.685 TriMet is responsible for any risk of loss, damage, or destruction of the vehicles while they are âin the custody of MCSO personnel acting in the course and scope of employment.â686 The MCSO agrees to provide TriMet with â[c]rime statis- tics, based on the National Incident-Based Reporting System (NIBRS) or other similar reporting system . . ., including but not limited to: (i) [g]eneral crime statistics on the system, including on TriMet vehicles, on TriMet property, and [on] crimes against employees and passengers.â687 Either TriMet or the MCSO may terminate the Agreement for either partyâs âconvenience and without penalty by giving the other Party thirty (30) days written notice of its intention to terminate.â688 The IGA includes mutual indemnification 677 Id. at ¶ 3(b). 678 Id. at ¶ 3(d). The term â[c]ommand personnelâ includes an MCSO Deputy Sheriff with the rank of Captain to serve as the TriMet Transit Police Chief, and lieutenants, and sergeants assigned under the Agreement. Id. 679 Id. at ¶ 3(f). 680 Id. at ¶ 3(g). 681 Id. at ¶ 3(i). 682 Id. at ¶ 3(g)(iv). 683 Id. at ¶ 4(a). MCSO invoices âTriMet monthly for all actual incurred Personnel Costs for Division personnel services provided by MCSO.â Id. 684 Id. at ¶ 5. 685 Id. at ¶ 6. The vehicles are to be âmarked with appropriate dis- tinctive insignia to indicate they are Transit Police vehicles.â Id. 686 Id. at ¶ 6(c). 687 Id. at ¶ 7(a)(i). 688 Id. at ¶ 11(a).