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HomeMy WebLinkAbout3-year Renewal Agreement with School District 7 regarding School Resource Officer.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Rich McLane, Lieutenant Ron Price, Chief of Police Assistant City Manager Chuck Winn SUBJECT: Agreement between City of Bozeman and Bozeman School District 7 regarding School Resource Officer pay and operational considerations. MEETING DATE: June 20, 2011 AGENDA ITEM TYPE: Consent. RECOMMENDATION: Authorize City Manager to sign an agreement between City of Bozeman and Bozeman School District 7 regarding School Resource Officer duties and payment of salary and benefits for one School Resource Officer by the School District. BACKGROUND: For over 14 years, the Bozeman Police Department and School District have enjoyed a cooperative approach to identifying and resolving public safety concerns in the schools, in particular through the assignment of School Resource Officers (SROs) to the three secondary schools and seven elementary schools. 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 District’s Long Range Strategic Plan. An intergovernmental cooperation arrangement between the City and School District is deemed an efficient and desirable means for effectively addressing the growing problem of 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 an increased level 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. The Bozeman Police Department has two full-time School Resource Officers. The school district has paid for the salary of one of these officers, contributed to training costs to the National Association of School Resource Officers annual conference and provided offices in the High School and Middle Schools for several years. This agreement is a continuation of this commitment for the next three years. 16 FISCAL EFFECTS: The total salary and benefits for one School Resource Officer are $77,817 annually or approximately $236,970 over three years, with nearly $6,000 match in training costs over that same three year period. Secured funding for this position by the school district will result in that amount of reimbursement to the City. ALTERNATIVES: As suggested by the City Commission. Attachments: SRO Agreement July 1, 2011 to June 30, 2014 Report compiled on: June 6, 2011 17 AGREEMENT THIS AGREEMENT, made and entered into this _____ day of ___________ 2011, by and between the CITY OF BOZEMAN, a municipal corporation 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 Calls for Service; Property Crime and Crimes against Persons continue to challenge police resources. Serious crime by young people, drug and alcohol abuse, campus violence, and the growing problem of gangs across the nation that prompt local concerns regarding 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 District’s Long Range Strategic Plan. 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 the growing problem of 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 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 “School Resource Officers” to be hired. The number of primary SROs will be evaluated on an annual basis and allocated appropriately based on enrollment and services needs and expectations. The assignment of other trained School Resource Officers in a part- time basis shall be at the mutual agreement of both the CITY and SCHOOL. 2. The CITY shall designate trained and qualified officers(s) as “School Resource Officer”, assigned to primarily enforce the compulsory attendance provision and to investigate criminal activities involving juveniles, particularly when involving students or related to school district locations. The City shall maintain supervisory authority over the officer(s). It is acknowledged and agreed by the parties that said officer(s) will remain employee(s) of the City. 18 3. The School Resource Officers shall enforce School & District Policy; Crime Prevention; Criminal Investigation; make arrests when necessary; Provide testimony at expulsion hearings; Assist classroom teachers by being an authoritative resource on law enforcement specific and related topics; Develop and deliver a variety of lesson plans and community presentations related to generic law enforcement-related topics such as Search and Seizure; Miranda; and Law Enforcement as a Career. Provide specialized lesson plans 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... 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). 5. The CITY will provide the equipment and resources necessary for the School Resource Officer(s) to perform their duties. The SCHOOL and CITY will share costs for new computer(s), as needed. The SCHOOL will pay the City one half of the cost per Officer per year to share in the cost of cell phone/Blackberry service for the officers. 6. The CITY will provide proper and adequate training for the School Resource Officer(s). The SCHOOL shall pay for ½ of the costs associated with the National Association of School Resource Officers (NASRO) Conference, as feasible. 7. The CITY will ensure to the extent reasonable that the School Resource Officer(s) will be available for duty on school grounds by encouraging the officer(s) to take vacation only when school is not in session. The SCHOOL shall recognize the officer(s) is/are under contract to work a schedule consisting of four (4) ten (10) hour days during each work week. 8. The SCHOOL shall recognize the lawful authority of the School Resource Officer(s) and cooperate in their efforts to enforce the law. The SRO(s) act as part of the School’s Administrative Team, as appropriate. 9. The SCHOOL shall provide a primary office for the School Resource Officer(s) and allow access to and use of office-related equipment by the School Resource Officer(s), 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. 10. The School Resource Officer(s) may request assistance from school support staff to assist in typing reports or other 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. 19 11. The SCHOOL acknowledges and agrees that the School Resource Officer(s) is/are first and foremost a member of the Bozeman Police Department, subject to call out 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. 12. The SCHOOL shall designate someone of authority in the school(s) to act as a contact person for the School Resource Officer(s) for the purpose of sharing information and discussing areas of concern (line of accountability). 13. The SRO(s) shall assist the SCHOOL in the development review of law enforcement and safety-related policies and procedures, to include related training or drills as deemed necessary. 14. The SCHOOL and the SRO(s) shall jointly participate in Threat Assessment meetings to determine the level of threat a student poses and to assist in the creation of a safety plan for that student. 15. The SCHOOL and the SRO(s) shall jointly participate in Interdisciplinary Team meetings. 16. The SCHOOL and the SRO(s) shall jointly participate in other meetings as appropriate to safety and prevention activities of the District. Indemnification: The City shall indemnify the School against, and hold the School harmless from, any and all liability, costs, damages, claims or causers of action which may arise out of the performance of this agreement by the City. Termination: The term of this agreement shall commence on the July 1, 2011 and extend through June 30, 2014, unless revoked by mutual consent of the parties in writing. The agreement may be renewed on an annual basis thereafter. Either party may terminate this agreement, without cause, upon furnishing the other sixty (60) days written notice thereof. 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: _______________________ Dr. Kirk Miller, Superintendent Chris Kukulski, City Manager ATTEST: ATTEST: _________________________________ ____________________________ Steve Johnson, District Clerk Stacy Ulmen, City Clerk 20