Item 4D - Memo
M E M O R A N D U M
September 19, 2023
To: Mayor and City Council
From: James Brandon, Chief of Police
Subject: Keller ISD MOU for Florence Elementary
Action
Requested: Approve MOU between the City of Southlake and the Keller Independent School
District to provide an SRO for Florence Elementary.
Background:
The purpose of this item is to request approval of the MOU between Keller
Independent School District and the City of Southlake maintaining the terms under
which the City shall provide the District with services performed by a School
Resource Officer. The term of this agreement shall be for one year beginning
August 16, 2023, and ending May 23, 2024. It shall thereafter automatically renew
annually for additional one-year terms unless Keller ISD or the City of Southlake
requests termination of the agreement as stated within the MOU.
This MOU agreement mirrors the terms and conditions included in the Carroll
ISD MOU which was approved by City Council on August 4, 2015.
Strategic Link: C1 - Achieve the highest standards of safety & security.
Legal Review: The proposed MOU was reviewed by the City Attorney’s Office.
Supporting
Documents: 1. Agreement for School Resource Officers Between the City of
Southlake and the Keller Independent School District
Staff
Recommendation: Staff recommends approval of the MOU Agreement as proposed.
Item 4D
STATE OF TEXAS
COUNTY OF TARRANT ;;
Agreement for School Resource Officers Between the City of Southlake
and the Keller Independent School District
This Agreement is made by and between the Keller Independent School District, 350
Keller Parkway, Keller, Texas, herein called the 'District', and the City of Southlake, Texas,
1400 Main Street, Southlake, Texas, herein called the 'City', for the purpose of establishing
and maintaining the terms under which the City shall provide the District with services
performed by a School Resource Officer `SRO'.
WHEREAS, the Southlake Police Department has instituted a cooperative school
resource officer program in schools contained within the City of Southlake to combat juvenile
delinquency, to personally assist students with various problems associated with potential
involvement with law enforcement, 4o develop and maintain positive relations between
students and Southlake police officers, and to assist schools in maintaining a safe, orderly and
secure environment for learning; and
WHEREAS, District operates Florence Elementary School within the City of
Southlake and desires to participate in the cooperative school resources officer program
provided by the City;
NOW, THEREFORE, for and in consideration of the mutual undertakings herein set
forth, the District and the City agree as follows:
1. Agreement for SRO Officers:
City agrees to assign a police officer to serve as a SRO at Florence Elementary School.
2. Training and Equipment:
a. The City shall provide law enforcement training and certification, Basic SRO
training, a police vehicle, and other police equipment including communication
equipment necessary to allow the officer to communicate with the City's Police
Department and other officers.
AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 1
b. The District shall provide the SRO 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 polices applicable to all District
personnel regarding use of the District computer networks and internet access.
c. The District will provide annual training for the SRO in connection with the duties
of the SRO, 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 the SRO or as required by law. Nothing contained herein shall restrict
an officer's method of response during investigations of criminal activity or
response to behavior that violates criminal laws or threatens the safety of a student
or others.
3. Duties of School Resource Officers:
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 shall include:
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/her designee;
f. Making and preparing reports and documentation on criminal activities;
g. Making court appearances as necessary, related to events occurring within the
officers' jurisdiction as addressed herein;
h. Answering calls and assisting with the facilitation of dispute resolution between
AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 2
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;
1. Supporting student adherence to District's Student Code of Conduct;
m. Assisting with traffic control and direction 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/her 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/her designee; and
p. Completing other duties as assigned by the District and agreed upon by the City's Police
Department.
Specific limitations:
a. The SRO 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 would restrict an officer's ability to investigate or respond to threats to the
school or criminal activity.
b. When School Administrators discuss school disciplinary matters with students or
parents, the SRO may be requested to preserve the peace. While in that capacity, an
SRO will not intervene unless a criminal violation is identified or observed. Any
disputes regarding assigned duties and responsibilities will be resolved between the
Principal and the officer's supervisor. Should an agreement not be reached, the dispute
will be resolved between the Superintendent of the District or Designee and the City's
Chief of Police.
AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 3
4. Confidentiality:
In carrying out duties, the SRO 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 ("FERPA") and
Keller ISD Board Policy FL (LEGAL) and (LOCAL).
5. Jurisdiction:
When acting as a commissioned peace officer on District property, the officer's jurisdiction shall
include, in addition to his/her jurisdiction as a City of Southlake Police Officer, all territory within
the boundaries of Florence Elementary School and all property, real and personal that is within
Southlake city limits and owned, leased, or rented or otherwise under the control of District by and
through administrators of Florence Elementary School. 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.
6. School Resource Officer Selection, Direction and Supervision:
The SRO shall be assigned by and responsible to the Southlake Police Department, subject to
approval by the Superintendent or Designee. The Principal of the school may participate in the
evaluation process for the SRO in the form of formative and summative feedback to the SRO
Supervisor. The Principal may request specific assistance from the SRO, and the SRO shall
endeavor to provide such assistance, except to the extent this agreement excludes such matters
from the duties of the SRO, 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 interfere
with the officer's primary law enforcement, investigation, and security responsibilities. The
Principal or his/her designated representative shall be kept informed of the officer's activities and
shall be notified of all custodial arrests or detentions that occur at Florence Elementary School.
While the SRO assists school officials as outlined in this Agreement, they are first, and foremost,
police officers and employees of the City of Southlake.
7. SRO Work Hours:
City shall assign the SRO 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 (l) hour lunch on instructional days during the regular
school term. Other hours may be necessary to accomplish security or investigative responsibilities.
AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 4
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 SRO's salary and employment
benefits in accordance with the applicable salary schedules and employment practices of the City.
The SRO 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 Keller ISD Board of Trustees to
the extent they are applicable to the SRO 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 the District.
8. Officer Performance:
If a Principal is not satisfied with the performance of the SRO, 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 SRO's duties and schedule so long
as they both agree on such changes in writing. 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.
9. Remuneration for Services -Overtime Hours:
The District is responsible for one hundred percent (100%) of all school -related overtime
hours worked by SROs at the request of the Principal. The City shall calculate the total
overtime compensation due and shall provide this information to the District together with an
invoice three (3) 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 the SRO from current revenues available to the District.
AGREEMENT FUR SCHOOL RESOURCE OFFICERS PAGE 5
10. Responsibility for Actions:
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.
11. Term:
The term of this Agreement shall be for a period of one (1) year beginning _August 16,
2023 and ending May 23, 2024 . It shall thereafter automatically
renew annually for additional one-year terms unless either Party shall request termination at
least thirty (30) days in advance of the period, in writing, and forwarded to the other Party at
the below address.
12. Termination:
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.
13. Agreement Dispute Resolution:
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.
14. Applicable Law:
This Agreement is made subject to the provisions of the Charter and Ordinances of Southlake,
as amended, and applicable State and Federal laws.
15. Immunity:
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
AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 6
on behalf of any third party. Neither District nor City waive, modify or alter to any extent
whatsoever the availability of the defense of governmental immunity under the laws of the
State of Texas.
16. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas.
17. Legal Construction:
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.
18. Venue:
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.
19. Entire Agreement:
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.
20. Notice:
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:
Keller Independent School District
350 Keller Parkway
Keller, Texas 76248
Attn: Superintendent
If to the City:
AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 7
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.
AGREED TO: KELLE D ENDEN C DISTRICT
By:
Marks Randklev, President
Board of Trustees
ATTEST: By.
"-
J040aw Smith, Secretary
Bo d of Trustees
Date: 3
AGREED TO: CITY OF SOUTHLAKE, TEXAS
By:
ATTEST: By:
John Huffman, Mayor
Amy Shelley, City Secretary
Date:
AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 8
APPROVED AS TO FORM: By:
Prftafid Name
Legal Counsel for Keller ISD
By:
E. Allen Taylor, Jr.
City Attorney
AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 9