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HomeMy WebLinkAbout5.A.1. Extension of Police Liaison and School Resource Office Agreements with School Dist. CITY OF SHAKOPEE s: H. L POLICE DEPARTMENT Memorandum C" 0' '~~' r~. (I?"'" ,Il',' T' , ~,. '. .' ,r-,n. ," '. ., ~l 'i ','" .1'.'.0;' '. . II V ~\".dl \I TO: Mayor and City Council Mark McNeill, City Administrator FROM: Craig Robson, Captain SUBJECT: Extension of Agreements with School District DATE: December 16,2008 INTRODUCTION: The Police Department is seeking authorization to extend, under the same terms and conditions, the current Police Liaison Agreement by and between the Independent School District #720 and the City of Shakopee and the School Resource Officer Agreement by and between Shakopee Independent School #720 and the City of Shakopee. BACKGROUND: The city currently has a Police Liaison Agreement by and between the Independent School District #720 and the City of Shakopee. On an annual basis the school district contributes an amount equal to 33.5% ofthe salary and benefits for each of the three City police officers assigned as school resource officers. A proposed renewal of this agreement, extending the timeframe through December 31, 2009, is included under attachment # 1. There is also a School Resource Officer agreement by and between Shakopee Independent Schools #720 and the City of Shakopee which further clarifies expectations between the school district and the City regarding the SRO program. A proposed renewal of this agreement, also with the new timeframe, is included under attachment #2. Both agreements are currently set to expire December 31, 2008. Chief Hughes and Jon McBroom, the School District Superintendent, have conceptually agreed to extend both agreements through December 31, 2009. Both Chief Hughes and Mr. McBroom believe the dollars exist to fund these positions through 2009, which coincides with the City of Shakopee's budget cycle. BUDGET IMPACT: The School District's total contribution for 2009 would be $87,032. The Police Department has budgeted funds in its 2009 operating budget to fund the remaining costs ofthis program. VISIONING RELATIONSHIP: This action supports: Goal A - Active and healthy community. Goal C - Great place for kids to grow up. Strategy 5: Foster community connections Strategy 6: Provide high quality services RECOMMENDATION: Staff recommends the attached agreements, which will continue the two contracts under the same terms and conditions through December 31, 2009. ACTION REQUESTED: If Council concurs, they should, by motion, authorize the appropriate city staff to enter into agreements to extend the current Police Liaison and School Resource Agreements through December 31, 2009, and move their adoption. Attachments: (1) Police Liaison Proposed Agreement (2) School Resource Officer Proposed Agreement POLICE LIASION AGREEMENT BY AND BETWEEN THE INDEPENDENT SCHOOL DISTRICT 720 AND THE CITY OF SHAKOPEE THIS AGREEMENT made this 16th day of December, 2008 by and between the INDEPENDENT SCHOOL DISTRICT 720, a school district, (hereinafter "School District") and the CITY OF SHAKOPEE, a public corporation and political subdivision of the State of Minnesota, (hereinafter "City"). Recitals 6.0 The City and the School District desire to deter and prevent violence within its schools. 7.0 The federally funded COPS in Schools program provides monetary grants to communities to hire police liaison officers to address violence related issues within schools. 8.0 To that end, the City and the School District desire to collaboratively participate in the COPS in Schools program. NOW, THEREFORE, the City and the School District agree as follows: Terms 6.0 TERM. The term of this contract shall be from January 01,2009 to December 31, 2009. 7.0 OFFICER SELECTIONS. The City will, depending on staffing levels, employ or assign, in accordance with all applicable state laws, the police officers that will participate in or serve as employees in the COPS in Schools program. The City will employ or assign three (3) officers to serve as school liaison during the term of this agreement. The number of police officers serving in the liaison position may be modified upon agreement of the City, the School District and the COPS office. 8.0 PROGRAM FUNDING. The School District will fund 33.5% of the officer's annual salary and benefits, which totals $87,032.00 for three officers. 5.0 SCHOOLS SERVED. The Shakopee middle and elementary schools, as well as the junior and senior high schools will receive police liaison services under this contract. 6.0 OFFICER COMPENSATION. The City will be responsible for all payments regarding compensation, benefits, pension plans, and withholdings for the officers serving in the liaison capacity DPD-164859 1 SH155-23 7.0 DUTIES OF THE OFFICER. The list of duties and work schedule of the officer(s) shall be developed and agreed upon by the City and the School District. The law enforcement services provided to the School District will be at the sole discretion of the City. Officer standards of performance, conduct and discipline of the liaison, performance reviews, and other internal matters related to enforcement services shall be under the authority ofthe City. The School District shall provide the City with a written appraisal of the services rendered by the police liaison at the end of each contract term. The School District shall immediately notify the City in writing of any performance deficiencies or inappropriate conduct of the liaison. All disciplinary action shall be under the authority of the City. Time spent in excess of eight (8) hours will be on a specific, case-by-case basis and requiring the advance approval of he City and the School District. Compensation for the excess time worked will be paid according to the officer's regular police contract. 8.0 ADDITIONAL OFFICER DUTIES. The liaison officer will respond to emergency calls within the boundaries of the City, attend police training, and any other special duties as assigned by the City while fulfilling the liaison requirements under this contract. 9.0 OFFICER SUPPLIES AND EQUIPMENT. The City shall provide any required clothing, uniforms, vehicles, necessary equipment and supplies for the liaison officer to perform law enforcement duties. The School District shall provide the liaison officers with an office, telephone, and other supplies necessary to perform required duties as outline pursuant to section 7.0 of this contract. 10.0 TERMINATION. Either party may terminate this agreement upon a sixty (60) day written notice to the other of such termination. In the event of a termination, any payments due shall be prorated. 11.0 INDEMNIFICATION. Except for claims arising out ofthe willful or negligent act of the other party or its representatives, each party shall indemnify and defend the other party against all claims, expenses, and liabilities incurred, including reasonable attorney fees, related to claims for loss oflife, personal injury, and/or damage to property arising out of any occurrence in, upon or at the School District properties in accordance with the execution of the police liaison duties under this contract. 12.0 NOTICE. Any notice, demand, request or other communication that may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid and addressed as follows: If to the City: Attn: Police Chief, Shakopee Police Department, 475 Gorman Street, Shakopee, Minnesota 55379; lfto the School District: Atin: Superintendent, 505 South Holmes Street, Shakopee, Minnesota 55379. DPD-164859 2 SH155-23 13.0 ENTIRE AGREEMENT; AMENDMENTS. This contract constitutes the entire agreement between the parties, and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties. CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk SCHOOL DISTRICT 720 By Its Board Chair By Its Superintendent DPD-164859 3 SH155-23 SCHOOL RESOURCE OFFICER AGREEMENT BY AND BETWEEN SHAKOPEE INDEPENDENT SCHOOL DISTRICT #720 AND THE CITY OF SHAKOPEE This agreement made and entered into this 16th day of December, 2008, by and between the CITY OF SHAKOPEE and SHAKOPEE SCHOOL DISTSRICT #720. GOALS AND OBJECTIVES 1. Establish a positive working relationship in a cooperative effort to prevent juvenile delinquency and assist in student development. 2. Maintain a safe and secure environment on campus, which will be conducive to learning. 3. Promote positive attitudes regarding the police role in society and to inform students of their rights and responsibilities as lawful citizens. A. EMPLOYMENT AND ASSIGNMENT OF SCHOOL RESOURCE OFFICER 1. The City agrees to provide a School Resource Officer (SRO) to the Junior/Senior High Schools, as well as an SRO to the Middle and Elementary Schools. 2. The City shall select the SRO's and assign one to each school. 3. In the event the SRO is absent from work, the SRO is to notify both hislher police supervisor and the principal at the school to which they are assigned. The City agrees to assign a SRO alternate in case of long-term illness. 4. School Resource Officers shall remain employees of the City and shall not be employees of Shakopee School District #720. The School District and the City acknowledge that the SRO's remain responsive to the command ofthe Shakopee Police Department. B. HOURS AND SPECIAL EVENTS 1. Each SRO is assigned to a school on a full time basis. The SRO's shall be on duty at their assigned schools prior to schools start and at schools dismissal except in cases when the SRO is flexing their schedule to attend a school event outside regular school hours. During regular hours, SRO's may be off campus performing such tasks as may be required by their assignment (Court, Training, Arrest). 2. If authorized by hislher supervisor, the SRO shall be present at school special events that occur outside of normal school hours. The City shall be responsible for any overtime pay associated with the SRO's attendance at these events. 3. All School Resource Officers shall wear their duty uniform a majority ofthe time and carry their duty weapon while at school. A uniform will be worn when the SRO is engaged in teaching and public speaking duties. c. DUTIES OF THE SCHOOL RESOURCE OFFICER: 1. The SRO shall assist the principal in developing plans and strategies to prevent and/or minimize dangerous situations that may occur on campus, and also address other issues determined important by the principal. 2. The SRO shall present programs on various topics to students. Subjects shall include a basic understanding oflaw, role oflaw enforcement, drug awareness, anger management and the mission of law enforcement. 3. The SRO's are encouraged to interact with students on an individual basis and in small groups. 4. The SRO shall make hirnlherself available for conferences involving teachers, parents and faculty. 5. The SRO shall be familiar with agencies and resources that offer assistance to youth and their families, and make referrals to agencies when necessary. 6. The SRO shall take law enforcement action when necessary. 7. The SRO shall contact the principal ofthe school or their designee about his or her actions to make them aware of arrest or crime. 8. The SRO shall notify the principal or their designee before removing a student from school. 9. The SRO can take law enforcement action against intruders and unwanted guests who appear on school property. 10. The SRO shall conduct investigations of crimes, which occur at their assigned schools and use other resources, if needed, for follow-up investigations. 11. The SRO will turn in a monthly summation report to the SRO supervisor at the end of every month. 12. The SRO shall not be used as a school disciplinarian. Ifthe principal believes an incident is a violation ofthe law, they may contact the SRO to see iflaw enforcement action is needed. 13. The SRO shall follow the Shakopee Police Departments Standard Operating Procedures and General Orders when confiscating drugs from students on school property. 14. The SRO shall follow the guidelines of the Minnesota State Statutes, Case Law, School Board Policy and the Shakopee Police Department Standard Operating Procedures and General Orders in regards to investigations, interviews and searches relating to juveniles. D. RIGHTS AND DUTIES OF SHAKO PEE SCHOOL DISTRICT #720 The School District shall provide to the full-time SRO the following materials and facilities, which are deemed necessary to the performance of the SRO: 1. Access to a temperature controlled and properly lighted private office containing a telephone line to be used for general business purposes. 2. A desk with drawers, a chair and a filing cabinet, which can be locked and secured. 3. Access to a computer terminal or computer hook-up. The City will supply the officers with the usual and customary office supplies and forms required in the performance of their duty. E. DISMISSAL OF SRO 1. In the event the principal of the school that the SRO is assigned to feels that the particular SRO is not effectively performing his or her duties and responsibilities, the principal shall contact the SRO supervisor. Within a reasonable amount of time, after receiving the information from the principal, the SRO supervisor shall advise the Chief of Police of the principal's request. If the Chief of Police desires, the principal and the Chief of Police or their designees, shall meet with the SRO to mediate or resolve any problems, which may exist. 2. The Chief of Police may dismiss or reassign a SRO based upon the Shakopee Police Department's Rules, Regulations and General Orders. A School Resource Officer Program is hereby established in the public school system of the County of Scott, City of Shakopee, Minnesota, for a period of January 01, 2009 to December 31, 2009. This agreement constitutes a final written expression of all the terms of this agreement and is complete and is an exclusive statement of those terms. Modification of this agreement shall be made only by the consent of all parties. Such shall be made with the same formalities as were followed in this agreement and shall include a written document setting forth the modifications, signed by all parties. IN WITNESS WHEREOF, the parties have caused this agreement to be signed by their duly authorized officers. Signed, sealed and delivered in the presence of: SHAKOPEE SCHOOL DISTRICT #720, SHAKOPEE, MINNESOTA Jon McBroom, Superintendent Chair, ISD #720 Board of Directors Mayor City Clerk City Administrator [SRO Agreement SPD & School]