University of Oregon

Current Statutory and Municipal Authority

UOPD receives its police powers under the Oregon Revised Statutes (Section 352.383). In addition, under the Oregon Revised Statutes (Section 352.385), UOPD non-sworn public safety officers maintain limited police powers including stop-and-frisk authority and may make probable-cause arrests. An intergovernmental agreement with the City of Eugene provides UOPD non-sworn public safety officers with additional citation authority for certain violation and misdemeanor offenses under the City of Eugene Municipal Code (Section 4.035).

OREGON REVISED STATUTES: UNIVERSITY LAW ENFORCEMENT

ORS 352.383 University police departments and officers; rules.

(1) The State Board of Higher Education may, at the request of a public university under its control, authorize the university to establish a police department and commission one or more employees as police officers. A police department established under this section has all of the authority and immunity of a municipal police department of this state.

 (2) Police officers commissioned under this section:

 (a) May enforce criminal laws and any administrative rules and policies adopted by the board or the commissioning university; and

 (b) Have all the authority and immunity of a peace officer or police officer of this state.

 (3) When a university establishes a police department and commissions one or more employees as police officers, the president of the university, in cooperation with the chief of the police department, shall establish a process by which the university will receive and respond to complaints involving the policies of the police department and the conduct of the police officers.

 (4) The board may:

 (a) Enter into an agreement, or authorize a university under its control to enter into an agreement, with a municipal corporation or any department, agency or political subdivision of this state for the provision of mutual aid by their respective police officers.

 (b) Adopt rules to carry out the provisions of this section. [2011 c.506 §1]

 Note: 352.383 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS 352.385 Special campus security officers; authority; training; expense.

(1) The State Board of Higher Education may, at the request of a public university under its control, authorize the university to commission one or more of its employees as special campus security officers. The total number of special campus security officers commissioned at the public universities in the Oregon University System may not exceed 50. Special campus security officers shall have stop and frisk authority as set forth in ORS 131.605 to 131.625 and probable cause arrest authority and the accompanying immunities as set forth in ORS 133.310 and 133.315 when acting in the scope of their employment as defined by the State Board of Higher Education. Special campus security officers shall not be authorized to carry firearms as police officers and, except as provided in subsection (3) of this section, shall not be considered police officers for purposes of ORS 181.610, 238.005, 243.005 or 243.736.

 (2) The Department of Public Safety Standards and Training shall train special campus security officers at the expense of the State Board of Higher Education.

 (3) The State Board of Higher Education, acting by and through its special campus security officers, is a criminal justice agency for purposes of rules adopted pursuant to ORS 181.730 (3). [1987 c.745 §§1,2; 1995 c.364 §1; 1997 c.853 §37; 2011 c.637 §249]

EUGENE MUNICIPAL CODE

4.035 Department of Public Safety of University of Oregon – Citation Authority.

(1) Public safety officers of the University of Oregon are authorized to issue citations for violations of this code if the public safety officer has probable cause to believe that the person to be cited committed the violation on property owned or leased by the University of Oregon.

(2) The authority granted by subsection (1) of this section may be exercised only pursuant to an intergovernmental agreement with the University of Oregon specifying the sections of this code for which citations may be issued and containing such terms as the city manager determines are appropriate.

(Section 4.035 added by Ordinance No. 20293, enacted July 28, 2003, effective August 28, 2003; amended by Ordinance No. 20443, enacted November 9, 2009, effective December 11, 2009; and amended by Ordinance No. 20465, enacted November 8, 2010, effective December 10, 2010.)

4.906 Giving False Information to Peace Officer or Enforcement Officer for a Citation.

A person commits the offense of giving false information to a peace officer or enforcement officer for a citation or for an arrest on a warrant if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer or enforcement officer for the purpose of:

(a) The officer's issuing or serving the person a citation under authority of section 4.035 of this code, ORS 133.055 to 133.076, 133.110, 419C.085 or ORS chapter 153; or

(b) The officer’s arresting the person on a warrant.

“Enforcement officer,” as used in this section, means a public safety officer of the University of Oregon authorized to issue citations for violations pursuant to section 4.035 of this code.

(Section 4.906 added by Ordinance No. 19462, enacted April 13, 1987; amended by Ordinance No. 20218, enacted November 27, 2000, effective December 28, 2000; and amended by Ordinance No. 20293, enacted July 28, effective August 28, 2003; amended by Ordinance No. 20446, enacted December 14, 2009, effective January 1, 2010.)