Loading...
Item 4ECITY OF SOUTHLAK MEMORANDUM March 5, 2013 To: Shana K. Yelverton, City Manager From: Stephen Mylett, Police Chief Subject: Item 4E: 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 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. This is an annual agreement with CISD for the funding, duties and responsibilities for the SRO Program. As per the agreement, the City agrees to assign three police officers to serve as School Resource Officers (SRO) at CISD campuses. The SROs will serve all campuses, but will primarily be assigned to Carroll Senior High School, Carroll High School, Carroll Middle School and Dawson Middle School. The primary function of a School Resource Officer is to assist in the protection of the students and faculty, provide campus security, investigate criminal offenses involving youth both off and on campus, and plan and participate in law enforcement operations designed to prevent juvenile delinquency. The term of the agreement is for one year. The agreement automatically renews for additional one year terms, contingent upon the City providing anticipated costs of the assigned officers for the following year to CISD and receiving an acceptance letter prior to June 1 st of each year. 4E-i City Council Meeting Meeting Date — March 5, 2013 Page 2 of 2 Financial Consideration: SROs are funded by the City of Southlake. CISD is responsible for 100% of all school related overtime worked at the request of the respective principals. The City also agrees to calculate the total compensation for the SROs and will provide this information to CISD together with an invoice three times a year, typically on or about December 1, March 1 and June 1. CISD will pay these invoices within 30 days of receipt. Strategic Link: Safety and Security; Partnerships and Volunteerism; C1, Achieve the Highest Standards of Safety and Security, C5, Promote Opportunities for Partnerships, B1, Achieve Best in Class Status in all City Disciplines;, B2, Collaborate with Select Partners to Implement Service Solutions; B4, Provide High Quality Customer Service; C13O5, Optimize resources through collaboration and partnerships to reduce cost and add service value. Citizen Input/ Board Review: N/A Legal Review: This agreement has been reviewed by the City Attorney's Office. Supporting Documents: Agreement for School Resource Officers between the City of Southlake and Carroll Independent School District Alternatives: Alternatives may include: • Approval of the agreement for the school resource officer program between the City of Southlake and Carroll Independent School District with changes. • Non -approval of the agreement for the school resource officer program between the City of Southlake and Carroll Independent School District. Staff Recommendation: Staff recommends approval of the agreement for the school resource officer program between the City of Southlake and Carroll Independent School District. 4E - 2 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, 3051 Dove Road, Grapevine, 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 City shall provide District with services performed by School Resource Officers (SRO) officers and the compensation which shall be paid by the District. Therefore, District and City agree that: 1. This Agreement is made pursuant to Chapter 791 of the Texas Government Code; and 2. This Agreement is for a public purpose and is necessary in the conduct of public schools. WITNESSETH 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 three police officers to serve as School Resource Officers (SRO) at Carroll Independent School District campuses. The SROs shall serve all campuses but shall primarily be assigned to Carroll Senior High School and Carroll High School with the third SRO serving both Carroll Middle School and Dawson Middle School. 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 necessary to allow each officer to communicate with the City's Department of Public Safety and other officers. The District shall also provide all SRO officers with CPI Training. Prior to requesting assistance with any special needs child, the district shall provide detailed instructions and access to BIP plans, ARD Intervention plans, and BMP plans for any student where specific assistance is requested. Such instruction and any desired methods of intervention shall not restrict an officer's method of response during investigations of criminal activity or response to violent behavior that violates criminal laws. 3. Duties of ,School Resource Officers: The primary function of the SRO shall be to guard and protect the safety of students and faculty, provide campus security, investigate criminal offenses involving youth both on and off campus, and plan and participate in law enforcement operations designed to prevent juvenile delinquency. Specific Duties: a. Assist in limiting access to the school grounds to authorized persons only. b. Provide police protection of school property, personnel and students. C. Investigate criminal acts committed by and to juveniles on and off school grounds and serve as liaison between the school, police department, juvenile officials, probation officials, courts and other agencies of the juvenile justice system. d. Be 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. e. Provide a high visibility crime deterrent on school property in order to effectively promote security and order in the schools. Specific limitations: a. SRO Officers will perform law enforcement and security related functions only. b. SRO Officers shall not be assigned or perform any lunchroom duties, hall monitoring, bus duties, parking lot monitoring, or any other specific duties which would restrict an officers ability to investigate or respond to threats to the school or criminal activity. c. SRO Officers shall not enforce any school "house rules" nor shall they allow themselves or their uniform to be used to "persuade" youth to comply with rules, except that SRO Officers may, at an Administrator's request, issue verbal warnings to students violating school rules and report such violations to the Administration for follow-up. d. When School Administrators discuss school disciplinary matters with students or parents, SRO Officers 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 principal and the officer's supervisor. Should an agreement not be reached, the dispute will be resolved between the Superintendent of the District and the City's Chief of Police Services. 4. School Resource Officer Direction and Supervision: SROs shall be assigned by and responsible to the Southlake Department of Public Safety. The principal of the school 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 interfere with the officer's primary law enforcement, investigation, and security responsibilities. The principal or his designated representative shall be kept informed of the officer's activities and shall be notified of all custodial arrests or detentions. 5. Work Hours: City shall assign officers to work primarily during the school day. Other hours may be necessary to accomplish security or investigative responsibilities. A Principal may request SRO officers work after school, evening, or weekend events for purposes of security. The District will be responsible for 100% of the overtime for school events in excess of the 40-hour workweek, including the cost of any additional fringe benefits which would accrue due to such overtime work. Officers observing school holidays in excess of City recognized holidays will utilize appropriate compensatory, vacation or other approved forms of leave, or advise their supervisors that they will report for work at the Department of Public Safety. 6. Officer Performance: If a principal is not satisfied with the performance of the officer assigned to his/her school, or has a concern regarding a specific incident, the principal should immediately contact the SRO supervisor. The Chief of Police Services, after consultation with the Director of Public Safety, may then take any action deemed appropriate by the Chief of Police Services, The Superintendent and the City's Director of Public Safety or his designated representative are authorized to establish and modify rules and procedures concerning the SRO officer's duties and schedule so long as they both agree on such changes in writing. The District will have no authority to discipline an SRO, or take any action other than to express concerns to the Chief of Police Services. All issues of discipline, termination or transfer of an SRO shall remain the exclusive province of the City. 7. Remuneration for Services: The District is responsible for one hundred percent (100%) of all school related overtime worked by SRO officers at the request of the respective principals. The City shall calculate the total compensation 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 SRO officers from current revenue available to the district. S. Responsibility for Actions: Each party agrees to accept full responsibility for the acts or omissions of its respective officers, employees, and agents, Each party shall defend, indemnify, and hold the other party harmless from any and all claims or damages that arise from or are related to the acts or omissions of its respective officers, employees, and agents as they arise from or are related to this agreement. Nothing provided in this agreement is intended to waive any element of sovereign immunity, or to remove any protection afforded units of government pursuant to Texas law. 9. Term; The term of this Agreement shall be from August 15, 2012 through August 14, 2013. This Agreement may be renewed for additional one year terms as follows: Each year, the City shall estimate anticipated costs of the assigned officers for the following year and provide the estimate to the District prior to April 1. The District shall provide the City with an acceptance letter on or before June 1, of each year. If The Tistno executes such a lette ,this Agreemet t shall° automatioally. renew f�r'an additional' one -yea, term, prodded; •, l"ev r that';ar�}r p y nerit fbr o.ffic rs";ts subject to the respective parties', annual ,budget appropr atiogs for this purpose. 10. 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. 11. 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: Carroll Independent School District 3051 Dove Road Grapevine, Texas 76051 Attn: Superintendent If to the City: City of Southlake 1400 Main Street Southlake, Texas 76092 Attn: City Manager 12. Alternative 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. 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 g - �,& y Presi ent, and of Trustees Kfr A j_ - :balt4eLJ AGREED TO: City of Southlake ATTEST: By: John Terrell, Mayor Alicia Richardson, City Secretary Secretary, Board of Trustees