F3REVMEMORANDUM OF UNDERSTANDING JULY2021 MCAO SIGNED.PDF

Memorandum of Understanding
Maricopa County Parks and Recreation Department
and
Maricopa County Sheriff’s Office
July 2021
C-50-22-____-x-00
Maricopa County, a political subdivision of the state of Arizona (“Maricopa County”), through its Parks
and Recreation Department (“Parks”) and Maricopa County, through its Sheriff’s Office (“MCSO”),
together “Parties” and individually a “Party,” enter into this Memorandum of Understanding (“MOU”)
concerning law enforcement service in County Parks and is effective as of the date last executed below.
The purpose of this MOU is to ensure that performance and service by the MCSO in the County Parks and
designated recreational areas are the best interest of the citizens of Maricopa County.
This MOU supersedes previous letter agreements or memorandums of understanding and replaces Letter
Agreement signed on September 3, 2013.
Recitations
On September 10, 2003 the Maricopa County Sheriff and Director of Parks sent an agreement letter to
the Board of Supervisors and the County Manager (“September 2003 Letter”), outlining terms that
transferred the Park Police Section of the Maricopa County Parks and Recreation Department to the
Maricopa County Sheriff’s Office as the Sheriff’s Office Mountain Patrol, included references to specific
funding sources and an itemization of resources to be transferred. The September 2003 Letter was
amended on November 4, 2003 by the “Second Addendum to September 10, 2003 Memorandum Transfer
of Park Police to Sheriff’s Office” (“November 2003 Addendum”), which stated the agreement will be
evaluated every four years beginning in December of 2004 for the purpose of confirming the performance
and service was in the interest of the citizens of Maricopa County.
On November 5, 2003 the Board of Supervisors approved an action (C-30-04-002-8-00) for 1) market
adjustments for Park Police Officers; 2) the administrative transfer of the Parks & Recreation Department
Park Police division from the Parks & Recreation Department to the Maricopa County Sheriff’s Office as
the Mountain Park Patrol, including the transfer of 17 FTE positions (11 FTE funded by the General Fund,
3 FTE by the Lake Fund, and 3 FTE funded by the Spur Cross Fund and related vehicles, radios, computer
equipment and weapons; 3) corresponding appropriation transfers; and 4) appropriation to MCSO’s
general fund to implement the market adjustments. This consolidated law enforcement services within
the County.
On November 5, 2003 Board of Supervisors’ passed the agenda item with an added caveat that ”if the
Board of Supervisors determines, in its sole discretion, by a majority vote of the Board at any time in the
1

future that this transfer may not be in the best interests of the citizens[,] this transfer may be reversed
with the corresponding funding and assets being returned to the Parks Department.”
In accordance with the September 2003 Letter and the November 2003 Addendum, the Maricopa County
Park Police program was disbanded and a Mountain Patrol was established at MCSO to serve the
Mountain Parks and Recreation and Conservation Areas’ needs, and the Lake Patrol Division was
responsible for on-water law enforcement at Lake Pleasant Regional Park.
On September 3, 2013, a revised letter of agreement (“September 2013 Letter”), that replaced the
September 2003 Letter and the November 2003 Addendum, was submitted to the Maricopa County Board
of Supervisors outlining a restructuring of the Parks Law Enforcement Program which combined the
Mountain Patrol Division with the Lake Patrol Division. It also set forth the terms for agreement’s review
every five (5) years. MCSO and Parks have met at least annually since September of 2018 and have
made no significant revisions to the September 2013 Letter.
In September 2020, MCSO and Parks initiated a review of the current terms and conditions of the
September 2013 Letter. Parties agree to the terms and conditions herein that replace the September
2013 in its entirety.
Agreement
MCSO will:
1. Possess sole jurisdiction and responsibility for providing law enforcement and public
safety services on all Maricopa County Park land, recreation areas, trails, and conservation
areas.
2. Provide sufficient staffing from the Enforcement Bureau to include but not limited to
Patrol Districts, Lake Patrol, and the Enforcement Support Division to ensure public safety,
general patrol activities, investigative follow-up, and in response to calls for service or
community-based activities or events held at Park Locations. The current Parks being
served by MCSO Patrol District staff include Adobe Dam Regional Park (D4), Buckeye Hills
Regional Park (D2), Cave Creek Regional Park (D4), Estrella Mountain Regional Park (D2),
Hassayampa River Preserve (D3), McDowell Mountain Regional Park (D7), San Tan
Regional Park (D6), Spur Cross Ranch Conservation Area (D4), (Proposed) Vulture
Mountains Recreation Area (D3) and White Tank Mountain Regional Park (D3). Lake
Pleasant Regional Park, Desert Outdoor Center at Lake Pleasant, Usery Mountain Regional
Park, and any Search and Rescue Mission or investigative follow-up are served by the
MCSO Lake Patrol Division. MCSO will work closely with Parks to frequently analyze park
visitation, activity, area, and facility development to assess park law enforcement staffing
needs. If MCSO and Parks
determine that additional staffing is recommended and supported, MCSO, in
collaboration with Parks will submit an agreement amended and executed by both parties
to the Maricopa Board of Supervisors for additional law enforcement staff.
2

3. Provide the following general services in conjunction with the guiding statutes, missions,
and duties of the parties herein:
a) General law enforcement and public safety services, including search and rescue and
emergency medical response.
b) A regularly scheduled presence in all Maricopa County Parks, Recreation Areas, Trails,
and Conservation Areas, especially during peak seasons, weekends, and evenings to
promote a sense of safety among park staff, park visitors and to deter criminal or
hazardous activities.
c) Park rule enforcement and public educational safety opportunities to include park fee
enforcement.
d) As staffing permits, assistance with community-based activities and educational
events held within the Park boundaries.
e) Periodic holiday or special event law enforcement and traffic control services.
f) Frequent and timely coordination and communication with Parks and staff.
g) Coordination with and training volunteer organizations to foster goodwill and safety
with various user groups to include recreational, equestrian, hiking, boating and
mountain bike groups to assist in trail patrol and rule education efforts.
h) An organizational structure, including a staffing model, developed by the MCSO in
coordination with Parks.
i) MCSO staffing, schedules, and point of contact information to Parks regularly and
coordinated with Parks to accommodate visitation patterns and needs for public
safety within the County Park areas.
j) Direct contact with Parks to review and revise park rules on an “as needed” basis.
k) Collaboration with Parks on communication platforms including digital messaging,
social media, and media release to serve the community’s best interests for
emergency notification, education, and public safety concerns.
l) Consultation with Parks to assess needed land or water management, infrastructure,
workspace, equipment, or resources. If additional improvements, resources, or
funding are determined, MCSO will submit these proposals to the Maricopa County
Board of Supervisors by agreement amended and supported by both parties.
4. Collaborate with Parks to develop a future “MCSO Deputy Services Aide or Park Patrol
Ambassador Program.” The initial concept and phase of this program will focus on
developing trained volunteers to provide guidance on park usage and public education of
rule enforcement at various Maricopa County Parks.
3

Parks will:
1. Provide use of the following facilities for MCSO Lake Patrol law enforcement activities:
a) Dedicated slips for MCSO’s boathouse and additional open wet slips located at
the government dock within Scorpion Bay Marina.
b) Dedicated office space located at Park’s Headquarters.
c) Dedicated garage space located at Park’s Headquarters.
Parks and MCSO will:
Review this MOU every three years (3), beginning July 2024. If, in the Parties’ opinion,
the performance and service are in the best interest of the public of Maricopa County,
the MOU shall remain in place. The Board of Supervisors, at its sole discretion and at any
time, may terminate this MOU and revert to the original means of providing Maricopa
County Parks law enforcement through a Park Police or similar program under the
direction of Parks, or any other program as the Board of Supervisors directs.
[This space left blank intentionally. Signatures on next page.]
4

Memorandum of Understanding between
Maricopa County Parks and Recreation Department and
Maricopa County Sheriff’s Office
Maricopa County Sheriff’s Office Maricopa County Parks and Recreation
Department
_________________________________ ________________________________
Paul Penzone, Sheriff or Designee R.J. Cardin, Director
Maricopa County Maricopa County Parks and Recreation
Department
_________________________________ ________________________________
Date Date
Maricopa County Board of Supervisors Maricopa County Board of Supervisors
___________________________________ ____________________________________
Jack Sellers Jack Sellers
Chairman Chairman
________________________________ __________________________________
Date Date
Attest: Attest:
_______________________________ __________________________________
Clerk of the Board Clerk of the Board
CONFLICT WAIVER Maricopa County Sheriff’s Office and the Maricopa County Parks and Recreation
Department acknowledge that they are aware that the Civil Services Division of the Maricopa County
Attorney’s Office (Civil Division) may be chosen as the attorney for the other Parties to this Agreement, and
the signing Parties acknowledge that they are aware of a potential conflict of interest, and waive any claim
of conflict of interest, which may arise by virtue of Civil Division’s representation of another Party to this
Agreement.
Approved as to form: Approved as to form:
Digitally signed by Davina Bressler
DN: cn=Davina Bressler, o=MCAO, ou=Civil
Davina Bressler Division, email=bressled@mcao.maricopa.gov,
c=US
_______________________________ Date: 2021.07.08 14:20:07 -07'00' __________________________________
Deputy County Attorney Deputy County Attorney
5