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HomeMy WebLinkAbout21- Interlocal Agreement - Bozeman School District 7 - SRO1 AGREEMENT THIS AGREEMENT, made and entered into this 13th day of August 2021, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, hereinafter referred to as “CITY”, and BOZEMAN SCHOOL DISTRICT NO. 7, hereinafter referred to as “SCHOOL”. WHEREAS: The CITY and SCHOOL face the challenge of keeping pace with a growing, ever changing community. In particular, the increases in emergency calls at or around area schools have increased over the past decade and continue to challenge police resources. Serious crime by or involving young people, drug and alcohol abuse, campus violence, and potential for gang activity necessitate a strong working relationship between the CITY and SCHOOL. It is necessary to enforce district policy, serious behavior infractions, criminal law, crime prevention, attendance requirements, and to develop strategies that will contribute to student and staff safety and progress toward the SCHOOL's Long Range Strategic Plan. WHEREAS: Results of this complex and changing environment include increased budget constraints, and the need to reevaluate the role of the police agency in the community, especially in the schools. An intergovernmental cooperation arrangement between the CITY and SCHOOL is deemed an efficient and desirable means for effectively addressing juvenile-related crime and other problems. The SRO is instrumental in providing a safe environment conducive to the learning process. Students, staff and our community have a heightened perception of safety due to the work of the SRO. Building relationships with students, faculty, staff, administrators and parents is important to the quality of the trust generated by the SRO on and off the campus. Positive relationships yield great results in the solvability of criminal acts, the prevention of crime, successful drug interventions, drug interdictions and the ability to effectively address non-criminal student needs; WHEREAS: The School Resource Officer (“SRO”) program in SCHOOL utilizes a triad concept of school-based policing. The triad concept divides the SROs responsibilities into three areas: law enforcement, informal counselor/mentor, and guest speaker: ● Law Enforcement Function – Functioning effectively in the school environment including understanding human brain development, de-escalation techniques, cultural awareness, and working with students with special needs. ● Mentoring Students – Designed to provide tools to be a positive role model for youth including informal counseling techniques. ● Guest Speaking – Instructional techniques as well as classroom management DocuSign Envelope ID: 12A746E9-C1F9-4D2E-A200-BCF6D9413BB1 2 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 8/1/2021 TO 6/30/2025 tools to provide law enforcement-related education to students; and, WHEREAS: The parties to this Agreement believe it is in their best interests to come to an Agreement creating and utilizing the position of "School Resource Officer” (SRO) as a means to enforce the compulsory attendance provisions of M.C.A. 20-5-101. Et. Seq., and to meet the demand for investigation, detection and prevention of juvenile criminal activity of Bozeman School District and other property within the city limits of Bozeman. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: 1. The CITY and SCHOOL shall mutually agree on the number of SROs to be hired. The number of primary SROs will be evaluated on an annual basis and allocated appropriately based on enrollment, service needs, funding availability, and expectations. The assignment of other trained SROs on a part-time basis shall be at the mutual agreement of both the CITY and SCHOOL. 2. The CITY shall designate trained and qualified law enforcement officers(s) as SRO, assigned to assist other school officials in their effort to maintain a proper educational environment for the students. In doing so, the SROs will, among other duties, assist in enforcing compulsory attendance and disciplinary policies, and participate in the investigation of criminal activities involving juveniles, particularly when involving students or related to school district properties. The CITY shall maintain supervisory authority over the SRO(s). It is acknowledged and agreed by the parties that all SRO(s) will remain employee(s) of the CITY. 3. SROs shall abide by SCHOOL policies, provide a presence and education to students and staff that help prevent crime; conduct investigations of criminal acts that occur in the schools that involve students or staff; make arrests when necessary; assist classroom teachers by being a resource on law enforcement specific and related topics; develop and deliver a variety of lesson plans and community presentations related to law enforcement topics such as search and seizure, Miranda, and law enforcement as a career. In addition, SROs will provide specialized lesson plans on topics such as Bullying, Stalking, Sexual Assault and Sexual Predation by Drug, Internet Safety, Rights Vs. Responsibilities of a Citizen, Effects of Alcohol and Commonly Abused Drugs, etc. The SROs shall abide by all applicable legal requirements for law enforcement officers concerning interviews or searches should it become necessary to conduct formal law enforcement investigations involving students or staff on property or at functions under the jurisdiction or supervision of the SCHOOL. The SRO's will not be involved in searches conducted by school personnel. School personnel may request SROs to search DocuSign Envelope ID: 12A746E9-C1F9-4D2E-A200-BCF6D9413BB1 3 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 8/1/2021 TO 6/30/2025 in certain limited circumstances including when a criminal act is involved or in the event of exigent circumstances, such as imminent safety concerns. The SRO will follow all applicable laws when conducting searches. 4. The SCHOOL shall be responsible for cost sharing of actual wage and benefit amounts earned by the primary SRO(s) in the performance of their duties in accordance with CITY payroll standards. The SCHOOL shall pay one-half (1/2) of the actual annual wage and benefit amounts in each fiscal year. The CITY will continue to act as fiscal agent for the officer(s). The CITY will provide the equipment and resources necessary for SROs to perform their duties. The SCHOOL and CITY will equally share costs for new computer(s), as needed. Each SRO shall carry a cell phone issued by the CITY. The SCHOOL will annually pay the CITY one-half of the total annual cost of cell phone service for each SRO. 5. The CITY will provide proper and adequate training for the SROs. The SCHOOL shall pay for one-half of the total costs associated for each SRO that attends the National Association of School Resource Officers (NASRO) Conference and one-half the total cost for each SRO that attends SRO Basic training. 6. The CITY will ensure, to the extent reasonable, that the assigned SRO is available for duty on school grounds when school is in session by encouraging the SRO(s) to take vacation only when school is not in session. The SCHOOL recognizes the SRO(s) work schedule is specified by contract. 7. The SCHOOL shall recognize the lawful authority of the SRO and cooperate in their efforts to enforce the law. The SRO(s) act as part of the School's Administrative Team, as determined by the SCHOOL. In the event of conflict between these dual roles or responsibilities, the SCHOOL recognizes a SRO is first and foremost a law enforcement officer. 8. The SCHOOL shall provide a primary office for each SRO and allow access to and use of office-related equipment by the SRO as needed, at no cost to the CITY. As necessary, the SCHOOL will provide an additional office(s) as determined mutually between the CITY and SCHOOL. 9. The SROs may request assistance from school support staff to assist in clerical related tasks that are not in conflict with the Confidential Criminal Justice Information System. This assistance will be provided at no cost to the CITY. DocuSign Envelope ID: 12A746E9-C1F9-4D2E-A200-BCF6D9413BB1 4 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 8/1/2021 TO 6/30/2025 10. The SCHOOL acknowledges and agrees that the SRO is/are subject to call out by the CITY on short notice for major emergencies, and required as part of their duties to appear in conferences, at court hearings and at other related functions. 11. The SCHOOL shall create a line of communication designating a member of each individual school’s administration as the primary point of contact for the SRO to share information and discuss areas of concern. The SCHOOL recognizes circumstances may arise in which a SRO may not be able to share information pertaining to a criminal investigation. 12. The SRO(s) shall assist the SCHOOL in the development review of law enforcement and safety-related policies and procedures, including related training or drills as deemed necessary. 13. The SCHOOL and the SRO(s) shall jointly participate in threat assessment meetings to determine the level of threat an identified student poses and to assist in the creation of a safety plan for that student. 14. The SCHOOL and the SRO(s) shall jointly participate in Interdisciplinary Team meetings. 15. The SCHOOL and the SRO(s) shall jointly participate in other meetings as appropriate for safety and prevention activities of the SCHOOL. 16. Complaints related to SRO performance will be handled in accordance with Bozeman Police Department Citizen Inquiries/Complaint policy. Termination/Extension: The term of this Agreement shall be from August 1, 2021 to June 30, 2025. The Agreement may be extended or revoked by mutual consent of the parties in writing. Either party may terminate this agreement, without cause, upon furnishing the other sixty (60) days written notice thereof. This Agreement will be reviewed at least annually and revisions may occur by mutual consent of the parties in writing. Every five years, this Agreement must be reauthorized by the City Commission. DocuSign Envelope ID: 12A746E9-C1F9-4D2E-A200-BCF6D9413BB1 5 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 8/1/2021 TO 6/30/2025 IN WITNESS WHEREOF, the parties hereto have signed and executed the foregoing Agreement the day and year first above written. BOZEMAN SCHOOL DISTRICT #7 CITY OF BOZEMAN By:_____________________________ By:__________________________ Casey Bertram, Jeff Mihelich Interim Superintendent City Manager ATTEST: ATTEST: _______________________________ _____________________________ Mike Waterman, School District Clerk Mike Maas, City Clerk DocuSign Envelope ID: 12A746E9-C1F9-4D2E-A200-BCF6D9413BB1