Loading...
Item 4L Item 4L M E M O R A N D U M July 28, 2015 TO:Shana Yelverton, City Manager FROM: James Brandon, Chief of Police SUBJECT: Approve agreement for School Resource Officer Program between the City of Southlake and Carroll Independent School District Action Requested : Approval of an agreement for the continuation of the School Resource Officer Program between the City of Southlake and Carroll Independent School District. Background Information: The purpose of this item is to approve the agreement between the City of Southlake and the Carroll Independent School District (CISD) for the School Resource Officer Program (SRO). This is an annual agreement with CISD for the funding, duties and responsibilities of the SRO Program. As per the agreement, the City agrees to assign police officers to serve as School Resource Officers (SROs) at all CISD campuses. The primary function of the SRO is to assist in the protection of the student body and faculty. The responsibilities of the SROs assigned to each campus include: Provide police protection of school property, personnel and students Patrol school property during school hours Investigate criminal offenses both on and off campus; prepare reports and documentation in preparation for prosecution, and appearing in court as necessary Plan and participate in law enforcement operations designed to prevent juvenile delinquency Other duties as assigned providing those duties are within a law enforcement capacity and are vital to ensure the safety and security of the students and faculty The term of this agreement is for a period of one (1) year beginning July 1, 2015 and ending June 30, 2016. It shall thereafter automatically renew annually for additional one-year terms unless either party requests termination in writing at least 30 days in advance of the period. Financial Considerations: Prevention District. Strategic Link: This agreement links us area of Safety and Security from the perspective of serving our customers by (C1) achieving the highest standards of safety and security and (C5) promoting opportunities for partnerships & volunteer involvement. Legal Review: This proposal has been reviewed by office of the city attorney. Supporting Documents: The City Attorney has been heavily involved in the crafting and review of the agreement. Alternatives: Alternatives include: Approval of the agreement for the school resource officer program between the City of Southlake and Carroll Independent School District. Non-approval of the agreement for the school resource officer program between the City of Southlake and Carroll Independent School District. Staff Contact: James Brandon, Chief of Police STATE OF TEXAS § COUNTY OF TARRANT § Agreement for School Resource Officers Between the City of Southlake and the Carroll Independent School District This Agreement is made by and between the Carroll Independent School District, 2400 Texas, 1400 Main Street, Southlak establishing and maintaining the terms under which the City shall provide the District with services performed by School Resource Officers (SRO) and the overtime compensation which shall be paid by the District. Therefore, the District and the City agree that this Agreement is for a public purpose and is necessary in the conduct of public schools. WITNESSETH Carroll ISD and the Southlake Police Department have instituted a cooperative School Resource Officer Program in Carroll ISD schools contained within the City of Southlake to combat juvenile delinquency, to personally assist students with various problems involving potential involvement with law enforcement, to develop and maintain positive relations between students and Southlake police officers and to assist Carroll ISD in maintaining a safe, orderly and secure environment for learning. For and in consideration of the mutual undertakings herein set forth, the District and the City agree as follows: Agreement for SRO Officers: 1. City agrees to assign police officers to serve as School Resource Officers (SRO) at all Carroll Independent School District campuses. 2.Training and Equipment: The City shall provide law enforcement training and certification, Basic SRO training, a police vehicle, and other police equipment including communication equipment other officers. The District shall provide all SROs with office space, basic office furniture, a telephone, a District email address, a District radio and a laptop and/or iPad. The SRO will be required to sign and comply with the District Acceptable Use Agreement signed by all District personnel regarding use of the District computer networks and internet access. The District will provide annual training for SROs in connection with the duties of the SROs, to include the following: training on the application and requirements of District operations; confidentiality of student records and information under the Family Education Rights and Privacy Act (FERPA); crisis prevention training (CPI); and other trainings or meetings deemed necessary by the District and beneficial to SROs or as required by law. N investigations of criminal activity or response to behavior that violates criminal laws or threatens the safety of a student or others. Duties of School Resource Officers: 3. The primary function of the SRO shall be to protect the safety of students and faculty, provide campus security, investigate criminal offenses, and plan and participate in law enforcement operations designed to prevent juvenile delinquency. Specific Duties: a.Monitoring access to the school grounds and assisting in limiting access to the school grounds to authorized persons only; b.Providing police protection of school property, personnel and students; c.Patrolling school property during school hours; d.Answering calls for assistance from school officials; e.Investigating criminal acts committed by and to juveniles on and off school grounds and serving as liaison between the District and the Police Department and other agencies of the juvenile justice system as determined by the Chief of Police, or his designee; f.Making and preparing reports and documentation on criminal activities; g.Making court appearances as necessary, related to events occurring within the h.Answering calls and assisting with the facilitation of dispute resolution between students, students and school authorities and parents and school authorities; i.Being available as a resource person to teach, lead a discussion, or offer information on topics on which the officer has special competence due to law enforcement training; j.Providing a high visibility crime deterrent on school property in order to effectively promote security and order in the schools; k.Attempting to detect and identify the early signs of deviant behavior associations; l. m.Assisting with traffic control and direction at assigned campuses during times requested by the District and at other times and locations as requested by the District and approved by Chief of Police or his designee; n.Being available to respond to a specific location upon request, when a school official is conducting a search of a student and the school official has reasonable grounds to believe that the search will discover evidence that the student has violated or is violating the law or the rules of the school; o.Attending meetings as requested by the District and approved by the Chief of Police, or his designee; and p.Completing other duties as assigned by the Distr Police Department. Specific limitations: a.SROs may assist with, but shall not be specifically assigned to perform lunchroom duties, hall monitoring, bus duties, parking lot monitoring, or any other duties which wou threats to the school or criminal activity. b.When School Administrators discuss school disciplinary matters with students or parents, SROs may be requested to preserve the peace. While in that capacity, a School Resource Officer will not intervene unless a criminal violation is identified or observed. Any disputes regarding assigned duties and responsibilities will be resolved between the n agreement not be reached, the dispute will be resolved between the Superintendent of the District or Designee Chief of Police. Confidentiality: 4. In carrying out duties, SROs shall at all times recognize and respect the confidentiality of student and education records and shall seek access to such records only in accordance with the requirements of the Family Education Rights and Privacy Act, 20 U.S.C. §1232g Jurisdiction: 5. When ac jurisdiction shall include, in addition to his/her jurisdiction as a City of Southlake Police Officer, all territory within the boundaries of the Carroll ISD that is within the city limits of Southlake and all property, real and personal, outside the boundaries of Carroll ISD that is within Southlake city limits and owned, leased, or rented by or otherwise under the control of Carroll ISD and its Board of Trustees. Infractions of school rules, policies, or any behavior deemed inappropriate by the SRO, will be reported by the SRO to the appropriate school officials within a practical time frame. School Resource Officer Selection, Direction and Supervision: 6. SROs shall be assigned by and responsible to the Southlake Police Department, subject to approval by the Superintendent or Designee. Continued assignment at a specific campus will be subject to maintaining a satisfactory working relationship with the campus administration. The principal of the school may participate in the evaluation process for SROs in the form of formative and summative feedback to the SRO Supervisor. The principal may request specific assistance from SROs, and SROs shall endeavor to provide such assistance, except to the extent this agreement excludes such matters from the duties of SROs, or the SRO believes such request is contrary to law or principles of good judgment; and further provided that no specific assignments can be made that would responsibilities. The principal or his designated representative shall be kept informed of that occur agreement, they are first, and foremost, police officers and employees of the City of Southlake. 7.SRO Work Hours: City shall assign SROs to work primarily during the school day, reporting a minimum of fifteen (15) minutes before school starts and remaining on duty a minimum of fifteen (15) minutes after the school day ends. SROs are given a one-hour lunch on instructional days during the regular school term. Other hours may be necessary to accomplish security or investigative responsibilities. A Principal may request the SRO work after-school, evening, or weekend events for purposes of security. District will provide reasonable notice to the SRO of the need to work after-school, evening or weekend events. The City will provide and pay the SROs salary and employment benefits in accordance with the applicable salary schedules and employment practices of the City. SROs shall be subject to all other personnel policies and practices of the City. To the extent hours requested by the District cause the SRO to work in excess of a 40-hour work week, the District will be responsible for 100% of the overtime pay for school events in excess of the 40-hour work week, including the cost of any additional fringe benefits which would accrue due to such work. Each SRO will report to their SRO Supervisor, and shall follow the education laws of the state and the policies and procedures promulgated by the Carroll ISD Board of Trustees to the extent they are applicable to the SROs and to the extent the duties do not conflict with the policies and procedures of the City. The supervisory personnel of the SROs who are responsible for their direct supervision shall be available upon request to meet and confer at mutually agreed times with designated officials of Carroll ISD. 8.Officer Performance: If a principal is not satisfied with the performance of the SRO assigned to his/her school, or has a concern regarding a specific incident, the principal should immediately contact the SRO supervisor. The SRO supervisor will handle the inquiry or complaint per police department guidelines. The Superintendent and the Chief of Police or their designated representatives are authorized to establish and modify rules and procedures concerning The District will have no authority to discipline a SRO, or to take any other action other than to express concerns to the Chief of Police. All issues of discipline, termination or transfer of an SRO shall remain the exclusive province of the City. Remuneration for Services Overtime Hours: 9. The District is responsible for one hundred percent (100%) of all school-related overtime hours worked by SRO officers at the request of the respective principals. The City shall calculate the total overtime compensation due and shall provide this information to the District together with an invoice three times a year on or about December 1, March 1, and June 1. The District shall pay such invoices within thirty (30) days of receipt. The District shall make payments for SROs from current revenues available to the District. Responsibility for Actions: 10. It is specifically agreed that, as between the parties, each party to this Agreement shall be individually and respectively responsible for responding to, dealing with, insuring against, defending and otherwise handling and managing liability and potential liability pursuant to this Agreement; each party hereto reserves and does not waive any defense available at law or in equity; any claim or cause of action whatsoever that may arise or result from the services provided and/or any circumstances arising under this Agreement. Term: 11. The term of this Agreement shall be for a period of one (1) year beginning July 1, 2015 and ending June 30, 2016. It shall thereafter automatically renew annually for additional one-year terms unless either party shall request termination at least 30 days in advance of the period, in writing, and forwarded to the other party at the below address. Termination: 12. Either City or School District may cancel this agreement by giving the other party thirty (30) days written notice of cancellation at the address listed below. If this Agreement is terminated prior to the end of the Agreement year, the City shall be entitled to a reimbursement of the overtime that occurred between the date of the last invoice and the effective date of the agreement cancellation. Agreement Dispute Resolution: 13. In the event that the parties to this agreement dispute the terms, application of the terms of this agreement, or performance hereunder, the parties hereto agree, as a condition precedent to filing or pursuing any legal remedy (including suit in any court or arbitration), the parties agree to participate in good faith in a full day of non-binding mediation, assisted by a trained neutral mediator. Applicable Law: 14. This Agreement is made subject to the provisions of the Charter and Ordinances of amended, and as applicable State and Federal laws. Immunity: 15. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to the City or the District or to create any legal rights or claim on behalf of any third party. Neither Carroll ISD nor the City of Southlake waive, modify or alter to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas. Governing Law: 16. This agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. Legal Construction: 17. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of it and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. Venue: 18. The obligations of the parties are performable in Southlake, Texas and if legal action is necessary to endorse same, exclusive venue shall be in Tarrant County, Texas. Entire Agreement: 19. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Agreement, and except as otherwise providing herein, cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. Notice: 20. Any notices or other communication hereunder shall be in writing, shall be sent via registered or certified mail, and shall be deemed given when received. If to the District: Carroll Independent School District 2400 N. Carroll Avenue, Southlake TX 76092 Attn: Superintendent If to the City: City of Southlake 1400 Main Street Southlake, Texas 76092 Attn: City Manager IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of the date first above written. AGREED TO: Carroll Independent School District By: ___________________________ Chris Archer, President Board of Trustees ATTEST: ______________________________ Matt Korman, Secretary Board of Trustees AGREED TO: City of Southlake By: ___________________________ Laura Hill, Mayor ATTEST: _______________________________ Lori Payne, City Secretary APPROVED AS TO FORM: _______________________________ Legal Counsel, Carroll ISD _______________________________ City Attorney