Agenda Item Action Request
Apex Town Council
CONSENT AGENDA
No. 11
Meeting Date: 01/17/2017
Requestor: Police Deprtment
Presenter(s): Chief John Letteney
Item Description
Motion to approve joint request with the Town of Cary for a local act in the North Carolina General Assembly to
temporarily extend the jurisdictional limits of the Apex Police Department into the corporate limits of the Town
of Cary, specifically at the temporary location of Apex High School (7612 Roberts Road).
Information Detail
Recommend Approval:
Yes
By: Police
In the fall of 2017 Apex High School, including all staff and students, will relocate to 7612 Roberts Road, Cary,
North Carolina while the new Apex High is under construction. The Roberts Road location is located within the
police jurisdiction of the Cary Police Department. The Administration and staff of Apex High School along with
the Apex and Cary Police Departments feel it will be mutually beneficial to have a School Resource Officer from
both jurisdictions at the relocated Apex High School. With the Roberts Road location being within the city limits
of Cary, absent a local law extending police jurisdiction, the Apex Police Department will not have police
authority at this location.
The Cary Police Department is presenting to the North Carolina General Assembly a local (Cary) law that would
provide this jurisdiction and ask for the Town of Apex to join in the request. This law would be effective until
the staff and students return to the Laura Duncan location.
Attachments

2017 State Legislative Agenda – Legislative Advocacy/Town Initiative
Approved as to Form: Yes, N/A (used when legal has reviewed verbiage of cover sheet, ordinance, etc.)
2017 State Legislative Agenda
Legislative Advocacy / Town Initiative
Title:
Apex High School Resource Officer
Position:
Seek a local bill to authorize the Apex Police Department to continue to serve the students at Apex
High School while it is temporarily located in the Town of Cary
Contact:
Ken Quinlan, Cary Police Captain, (919) 469-4325, [email protected]
Ann Stephens, Apex Police Captain, (919) 249-3456, [email protected]
Lana Hygh, Cary Intergovernmental Relations Manager, (919) 469-4006, [email protected]
Background and History: The Wake County Public School System will start rebuilding the current Apex High
School at the conclusion of the 2016-2017 school calendar. Currently, a new high school is under construction at
7612 Roberts Road within Town of Cary corporate limits.
The entire Apex High School student and staff population will be transferring to this newly constructed school for
a projected two years while the old Apex High School is rebuilt. This new school will serve as “Apex High
School” until the work on their former school home is complete. Once the work is complete and the student and
staff population returns to the newly rebuilt Apex High School, the school in Town of Cary will become Green
Level High School.
The Town of Cary has a contract with the Wake County Public School System to staff each high school with a
School Resource Officer. The Town of Cary plans to assign a School Resource Officer to this newly constructed
school that will serve as the temporary “Apex High School” within Cary’s jurisdiction. The Town of Apex Police
Department currently has two School Resource Officers assigned to Apex High School.
Current Need / Program: The Town of Apex Police Department would like to have one of their Apex HS
School Resource Officer positions continue to serve the Apex High School student and staff population in
conjunction with the Cary Police Department Officer. Both the Town of Cary and Town of Apex Police
Departments believe this would be mutually beneficial to both towns as well as the student and staff of Apex High
School. The Apex Police Officer’s familiarity with the students and staff, existing professional working
relationships and rapport, and knowledge of school programs would greatly aid in acclimating the Cary Police
Department Officer to all aspects of the school as well as enable a seamless transition into a new building and
environment. The Cary Police Department Officer would be able to handle any applicable reporting requirements,
data collection, provide knowledge of Town of Cary local ordinances, as well as serve as the second School
Resource Officer to maintain a consistent level of police presence and continuity of services currently being
delivered to Apex High School.
However, since the temporary “Apex High School” will be physically located within Town of Cary corporate
limits, the Apex Police Department would not have law enforcement authority. This initiative is to seek a local
law extending the Apex Police Department’s law enforcement authority/jurisdiction to this school campus until
the students and staff return to the rebuilt Apex High School.
Impact if Not Addressed: If this is not accomplished, the Apex Police Department would be unable to continue
serving their local high school. The Cary Police Department School Resource Officer would not possess the
already established professional relationships with the school’s population fostered by Apex PD, would not
possess the general knowledge of programs, nor be able to provide the expected level of service the school
currently receives from its local police department.
Proposed Language:
Section 1. Article 13 of Chapter 160A of the General Statutes is amended by adding a new section to read:
Ҥ 160A-288.3 Concurrent jurisdiction over public school property.
(a) The chief of police of a municipality may provide assistance to another municipal police department located
in an adjacent municipality in enforcing the laws of North Carolina on property owned by the county Board
of Education, in accordance with rules, policies, or guidelines officially adopted by the governing body of
the assisting law-enforcement agency’s municipality, and subject to any conditions or restrictions included
therein. The assistance may comprise allowing officers of the assisting agency to work in the adjacent
agency’s jurisdiction and lending equipment and supplies. While working under the authority of this section,
an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those
relating to the defense of civil actions and payment of judgments) as the officers of the adjacent agency in
addition to those the officer normally possesses. While on duty with the adjacent agency pursuant to the
authority of this Section, the officer shall be subject to the lawful operational commands of the superior
officers of the assisting agency and shall for personnel and administrative purposes remain under the control
of the assisting agency, including for purposes of pay. The officer shall furthermore be entitled to workers'
compensation and the same benefits when acting pursuant to this section to the same extent as though the
officer were functioning within the normal scope of the officer’s duties.
(b) This section in no way reduces the jurisdiction or authority of State law-enforcement officers.
(c) This section applies only to the Towns of Apex and Cary.
(d) This section becomes effective upon adoption and expires July 1, 2020.
Section 2. This act is effective as provided herein.