Loading...
HomeMy WebLinkAboutItem 06.f Date: Item No. School Resource Officer (SRO) Agreement Proposed Action Staff recommends adoption of the following motion: Move to approve the School Resource Officer Agreement with Lakeville Area Schools (Independent School District No. 194). Overview Passage of this motion will result in an agreement with Lakeville Area Schools until August 14, 2022. The City shall assign two (2) full time law enforcement officers to serve as SROs: one at Lakeville North High School and one at Lakeville South High School. As directed by the School District, the SRO shall also perform job duties at other schools in the School District. Primary Issues to Consider • By this agreement the City and School District desire to join in a mutual effort to create and maintain a safe learning and working environment and to develop better community understanding of law and law enforcement, with the goal of reducing crime committed by juveniles and young adults. • The School Resource Officer (SRO) Agreement reviewed by the City Attorney. Financial Impact: $ reimbursed by the School District Budgeted: Y☒ N☐ Source: Related Documents: Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Lt. Jim Puncochar August 5, 2019 240,049 SCHOOL RESOURCE OFFICER (SRO) AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation, (hereafter "City") and INDEPENDENT SCHOOL DISTRICT NO. 194, a Minnesota public school corporation (hereafter "School District"). SECTION 1. PURPOSE By this agreement the City and School District desire to join in a mutual effort to create and maintain a safe learning and working environment and to develop better community understanding of law and law enforcement, with the goal of reducing crime committed by juveniles and young adults. SECTION 2. TERM The term of this Agreement shall begin on August 15, 2019 and end on August 14, 2022, unless terminated earlier as provided herein. The parties may renew this agreement only by separate written agreement or addendum hereto, which must be executed by both parties. The School District acknowledges that the SRO is first and foremost a law enforcement officer for the providing enforcement agency. The SRO shall be responsible for carrying out all duties and responsibilities of a law enforcement officer and shall remain at all times under the control through the chain of command of the law enforcement agency. School officials shall ensure that non-criminal student disciplinary matters remain the responsibility of school staff and not the SRO. Enforcement of the code of student conduct is the responsibility of administrators and teachers. The SRO shall refrain from being involved in the enforcement of disciplinary rules that do not constitute violations of law, except to support staff in maintaining a safe school environment. SECTION 3. ORGANIZATIONAL STRUCTURE A. Composition: The City shall assign two (2) full time law enforcement officers to serve as SROs: one at Lakeville North High School and one at Lakeville South High School. As directed by the School District, the SRO shall also perform job duties at other schools in the School District. The City shall retain the exclusive right to exercise the customary functions of management. In the event that both parties mutually agree that there is a need, an additional officer or officers may be assigned to Lakeville Area Schools. The additional SRO positions may be terminated by either party at any time upon 24 hours’ notice to the other party and may be reinstated upon approval by the City Administrator and School District Superintendent under the same terms provided under this Agreement. B. Selection. SRO positions will be filled per Lakeville Police Department directives and selection process. The School District will participate in interviewing SRO candidates and will provide a recommendation to the City regarding its choice of SRO. The City will make the final selection of the SRO. C. Supervision: Administrative control of the SRO Program will be the responsibility of the Lakeville Police Department. While at school sites, the SRO will report to the principal or the principal's designee in her/his assigned high school regarding day-to-day operations. The lieutenant assigned to supervise the SROs will support them in all department matters and will consult regularly with the Executive Director of Student Services and the principals or principals' designees. The SROs are employed and retained by the City, and in no event will be considered an employee of the School District. SECTION 4. DUTIES AND RESPONSIBILITIES A. SRO. The responsibilities of the SRO shall include but are not limited to: The SRO will enforce criminal law and protect students, staff and the public at large; investigate crimes committed on campus; establish rapport with students, parents, staff, and administrators; collaborate with student support services staff on individual students, as appropriate; serve as a confidential counselor to students and parents; solicit the support and understanding of students, staff and the community for the school resource program; promote awareness of law enforcement functions; and provide presentations and supervised classroom instruction on a variety of law related education and other topics deemed appropriate and approved by the SRO's agency supervisor and a school administrator. All SROs will be carefully selected law enforcement officers who have received or will receive specialized SRO training in the use of police powers and authority in a school environment. The SRO shall be highly visible throughout the campus. The SRO will wear the Lakeville Police Department issued uniform with all normal accessories and equipment, including a firearm, unless otherwise directed by the Police Department. The SRO will confer with the principal to develop plans and strategies to prevent and/or minimize dangerous situations on or near the campus or involving students at school- related activities. The SRO will comply with all laws, regulations, and Board of Education policies applicable to employees of the School District, including but not limited to laws, regulations and policies regarding access to confidential student records and/or the detention, investigation, and searching of students on school premises, provided the SRO shall under no circumstances be required or expected to act in a manner inconsistent with their duties as law enforcement officers. The use of confidential school records by the SRO shall be done only with the approval of the Executive Director of Administrative Services and as allowed under the Family Educational Rights and Privacy Act (FERPA) and Minnesota Data Practices Act. The SRO shall attend school special events as needed (for example, PTO meetings). Upon request and approval by the School District, any other expenses generated beyond the assigned workday (for example, school dances, football games, etc.) by the SRO or any other Lakeville Police Officer in his/her absence, will be billed to the School District as they occur. It is the responsibility of the SRO to report schedule conflicts to the School District. B. SRO SUPERVISOR. The responsibilities of the SRO supervisor will include but are not be limited to: Ensure SRO compliance with Police Department directives. Coordinate scheduling and work hours of the SRO's (Vacation requests, sick leave, etc.). Work with the schools to make any needed adjustments to the SRO program throughout the school year. Complete the SRO's annual performance evaluation. The SRO supervisor will request feedback from the Executive Director of Special Education and Student Services during the evaluation process. C. SCHOOLS. The responsibilities of the Schools will include but are not limited to: Provide the SRO with a private, appropriately furnished and climate controlled office space at each high school that can be secured. This shall include but is not limited to a desk with drawers, chair, filing cabinet for files and records which can be properly locked and secured, and a telephone. Give the SRO reasonable opportunity to address students, teachers, school administrators, and parents about the SRO program, goals and objectives. Administrators shall seek input from the SRO regarding criminal justice problems relating to students and site security issues. When school personnel discover weapons, drugs, alcohol, or other illegal contraband on school property, the SRO shall be notified as soon as reasonably possible. If no juvenile or criminal charges are to be filed and no administrative action is to be taken by the school, the contraband shall be confiscated by the SRO according to Police Department policy and properly disposed of. School personnel shall timely notify the SRO with the names of specific individuals who are not allowed on school property, and shall notify the SRO of any anticipated parental problems resulting from disciplinary action taken against a student. Work cooperatively with the Police Department to make any needed adjustments to the SRO program throughout the year. Provide the Police Department with updated copies of all laws, rules, regulations, and Board of Education policies applicable to employees of the School, including but not limited to laws, rules, regulations and policies regarding access to confidential student records and/or the detention, investigation, and searching of students on school premises. D. JOB DESCRIPTION. The attached job description provides a more detailed and specific summary of job duties and responsibilities. SECTION 5. ENFORCEMENT Although the SRO has been placed in a formal educational environment, he/she is not relieved of the official duties as an enforcement officer. The SRO shall intervene when it is necessary to prevent any criminal act or maintain a safe school environment. Citations may be issued and arrests made when appropriate and in accordance with Minnesota state law and department policy. The Lakeville Police Department will reserve the right to temporarily remove the SRO in the event that additional officers are needed during a critical incident or natural disaster. SECTION 6. TERM PAYMENT School District pays full costs of the SRO for 186 days in alignment with the Education Minnesota Lakeville contract, with all costs for a full work year prorated accordingly. Costs include: A. SRO Salaries B. Accrued Overtime/Compensatory Pay C. Health and Dental Insurance D. Life Insurance E. Disability Insurance F. P.E.R.A. G. Payroll Taxes H. Accrued Vacation and Sick Leave I. Clothing Allowance J. Worker's Compensation Premium K. Public Professional Liability Insurance L. Vehicle Expense (mileage reimbursement at current IRS rate) M. Cell Phone N. Professional Development (relevant to the SRO position) O. Office Supplies The City of Lakeville is responsible for all other time and costs. SECTION 7. BILLING The City shall provide the School District with an itemized bill on a mutually agreed payment schedule. The School District shall pay the bill within thirty (30) days of receipt. SECTION 8. SRO IS CITY EMPLOYEE The SRO is a City employee and shall not be considered an employee of the School District for any purpose, including, but not limited to salaries, wages, other compensation or fringe benefits, workers compensation, unemployment compensation, PERA, Social Security, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The SRO shall operate under the City of Lakeville and the Lakeville Police Department Policy and Procedures. The SRO will report to and be directed by the Chief of Police or designee. The SRO will work cooperatively with the Principal or the Principal's designee in each school building regarding all day-to-day operations. The Chief of Police or designee will monitor the SRO’s performance and will consult regularly with School District personnel. SECTION 9. HOLD HARMLESS The SROs are City employees. The City shall indemnify and hold harmless, and defend the School District, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by any reason of any negligent or willful act or omission of the City, its agents, servants or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this Agreement. SECTION 10. RESPONSIBILITY Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the parties’ liability. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. 1a (a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. SECTION 11. TERMINATION This Agreement may be terminated by either party, with or without cause, on June 30, with written notice provided to the other party at least six months prior to the effective date of termination. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by the respective officers thereof and the respective seals to be affixed thereto. ________________________________ ________________________________ Authorized Signee from ISD194 Authorized Signee from City of Lakeville ________________________________ Douglas P. Anderson, Mayor Name ________________________________ ________________________________ Title Charlene Friedges, City Clerk ________________________________ ________________________________ Date Date: August 5, 2019