23-175 Processing Memoranda of Understanding and Other Agency Agreements

The purpose of this Notice is to provide guidelines for processing Memoranda of Understanding (MOU) or other agreements in accordance with Department General Order 3.01, Department Written Directives, Section 3.01.10 of Memoranda of Understanding (MOU). By policy, the Chief of Police retains the right to enter into a formal agreement on behalf of the SFPD. As such, all agreements covered by this policy require the review and signature of the Chief of Police. 

The Legal Division is responsible for the oversight of the approval process for covered agreements and remains the custodian of record of those agreements executed under this process. Contracts and agreements that have a monetary or budgetary nexus, such as those included under grant funding, are processed through the Fiscal Division. Operational agreements required by the State of California to access state-controlled databases, such as CLETS and CalPhoto, are processed by the Information Technology Division. 

When a member wishes to initiate or receives a request to enter into an agreement covered by this policy, whether new or one needing to be renewed or updated, it should be forwarded to the Legal Division to begin the approval process. Legal will review the agreement and will coordinate with the affected bureau, unit, or division for assignment to a subject matter expert (SME). 

The SME will act as the liaison to the outside agency or organization named in the agreement. The SME will be responsible for reviewing the document to determine if the purpose and scope of the agreement is in the best interest of the department and that it does not conflict with any federal, state, or local laws or Department policies, procedures, and regulations. The SME is required to obtain the approval of the chain of command to include their Assistant Chief. 

Once approved by the Assistant Chief, the agreement shall be forwarded back to Legal for final review and acquisition of any ancillary documentation (i.e., hold harmless approval) prior to submitting to the Chief of Police. 

If the agreement impacts a DGO or DN, it will require the approval of the Police Commission. Legal will coordinate the approval process with the Policy and Public Affairs Division (PPA). Upon approval of the Commission, Legal will secure the required signatures of involved parties, including the Chief of Police, and will distribute the executed agreement as necessary. The original document will remain on file in Legal.

/s/
WILLIAM SCOTT 
Chief of Police

Per DN 23-152, all sworn & non-sworn members shall electronically acknowledge this Department document in PowerDMS within (30) thirty calendar days of issuance. Members whose duties are relevant to this document shall be held responsible for compliance. Any questions regarding this policy should be sent to [email protected] who will provide additional information.