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HomeMy WebLinkAbout[04d] School Resource Officer Council Agenda Item 4d MEETING DATE: October 7, 2019 AGENDA ITEM: School Resource Officer SUBMITTED BY: Administration/Police Chief BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Since 2010 the City has entered into a JPA with District 742 to have available a school resource officer. District 742 receives funding to help offset the cost of the resource officer. The JPA does not require a commitment of hours, rather it is to provide presence in the school and provide assistance as needed. BUDGET/FISCAL IMPACT: $10,000.00 ATTACHMENTS: Request for Council Action ISD 742 Joint Powers Agreement REQUESTED COUNCIL ACTION: Authorize the Mayor and Police Chief to execute the Joint Powers Agreement between the City of St. Joseph and ISD 742 for providing the Cooperative Funding of the School Resource Officer Program. JOINT POWERS AGREEMENT This Agreement (“Agreement”) is hereby entered into by and between Independent School District No. 742, St. Cloud Area School District (“District”) and the City of St. Joseph (“City”), the parties being governmental and political subdivisions of the State of Minnesota. WHEREAS, Minnesota Statutes Section 471.59 authorizes government entities to jointly or cooperatively exercise any power common to the entities or any similar powers; and WHEREAS, both the City and District have a joint obligation to deter and prevent crime and violence at the District’s schools and wish to fulfill that obligation by engaging the services of the City’s peace officers to serve as School Resource Officers in the District’s schools; and WHEREAS, Minnesota Statutes Section 126C.44 authorizes the District to make a levy on all taxable property located within the District for the purpose of paying the costs incurred for the salaries, benefits, and transportation costs of peace officers who serve as School Resource Officers. NOW, THEREFORE, IN CONSIDERATION OF the mutual promises contained in this Agreement and other valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows: 1. TERM AND TERMINATION OF AGREEMENT The term of this agreement shall be for the 2019-2020 school year, beginning on July 1, 2019 and ending on June 30, 2020. The Agreement will automatically renew in subsequent school years, beginning on July 1 and ending on June 30, unless either party provides written notice of termination to the other party at least sixty (60) prior to the end of the term. Either party may terminate this Agreement for any reason by providing sixty (60) days’ notice to the other party of such termination. 2. DISTRICT TO PROVIDE FUNDING District shall provide supplemental funding to the City for the purpose of expanding the School Resource Officer positions in the amount of $10,000 for the 2019-2020 school year. Payment will be made twice a year. One-half of the payment shall be made on or before July 1. One-half of the payment shall be made on or before January 1. If the Agreement is terminated before the end of the 2019-2020 school year or a subsequent school year, the City shall reimburse District for the portion of the school year during which the City did not provide services. In the event this Agreement automatically renews in subsequent school years, District and the City shall determine the amount of funding District shall provide to the City in such school year. 3. DISTRICT’S RESPONSIBILITIES In addition to making the payments described in this Agreement, District will have the following responsibilities: A. Levy. District is responsible for levying funds to help fund the School Resource Officer position. B. Office Space. District will provide office space for the School Resource Officer. At a minimum, the office space will be furnished with a desk, chair, filing cabinet that can be locked, telephone extension, and internet access at District’s expense. Any additional supplies and equipment shall be provided by the City at the City’s expense. C. School Resource Officer Program Information. District will provide the School Resource Officer with reasonable opportunities to address students, teachers, school administrators, and parents about the School Resource Officer program goals and objectives. D. Notice of Illegal Activity. Through its principals, District will inform the School Resource Officer, as soon as reasonably possible, of any suspected illegal activity. In the event a School Resource Officer is not immediately available, a principal or staff member may contact the City’s Police Department. Any Principal or staff who locates a dangerous weapon as defined by School Board Policy 501 or controlled substances in the course of a search will turn it over to a School Resource Officer or other licensed peace officer. In the event no criminal or juvenile charges are filed, a School Resource Officer and City shall dispose of the contraband in the manner prescribed by City policy. E. Notice of Trespassers and Safety Concerns. Through its administrators, District will inform the School Resource Officer, as soon as reasonably possible, of the names of specific individuals who are not permitted on District property, mandated maltreatment reports, as well as any anticipated safety concerns involving parents, students, staff, or other individuals. F. School Regulations. District will provide the City the school Code of Conduct. G. Presence at School. District will not assign the School Resource Officer to regularly assigned lunchroom or hallway monitoring duties. However, the School Resource Officer is highly encouraged to be present in the hallways or common areas where students gather as part of District’s and City’s goal of developing positive relationships between the School Resource Officer and the school community. 4. CITY TO PROVIDE A SCHOOL RESOURCE OFFICER The City shall provide licensed peace officers employed by the City to serve as School Resource Officers. The School Resource Officers shall be assigned by the Chief of Police to the School Resource Officer Program. The School Resource Officer’s primary responsibility as a peace officer assigned to the School Resource Officer Program will be the School Resource Officer Program. A. Absences. Unless an absence is caused by an emergency, the School Resource Officer will provide reasonable notice to the Principal or Principal’s designee if the School Resource Officer will be absent from District due to illness, vacation, training, or any other non-emergency reason. The City will make reasonable attempts to schedule activities in a manner that minimizes the School Resource Officer’s absences from District. Joint Powers Agreement Page 2 of 6 B. Extended Absences. If a School Resource Officer is absent for more than ten (10) consecutive school days, the City will undertake reasonable efforts to assign or to provide coverage during the absence. C. Vehicles, Equipment, and Training. The City is responsible for providing, at its own expense, each School Resource Officer with a vehicle or mileage reimbursement and all necessary law enforcement equipment, including but not limited to clothing, uniforms, and electronic devices, within the City’s law enforcement budget to perform the School Resource Officer’s duties. The City is also responsible for providing training and education to all peace officers who are assigned to provide services pursuant to this Agreement. D. Performance Concerns of School Resource Officers. The City will undertake reasonable efforts to assign peace officers who are acceptable to District. When there are performance concerns regarding a School Resource Officer, principals or Assistant Superintendent will notify the Executive Director of Operations. District’s Executive Director of Operations will notify the Chief of Police or Designee in writing of any concerns related to the performance of a School Resource Officer. The City will work with the District and School Resource Officer to resolve these concerns to the satisfaction of the District. 5. FUNCTIONS OF SCHOOL RESOURCE OFFICER It is understood that the function of the SROs shall be a security function, and that the SROs will not be involved in issues of student or staff discipline except to the extent that such involvement may expressly be requested by school building authorities. Except in cases of imminent danger to life or property, the investigation of alleged misconduct, including but not limited to the questioning of students or staff and searches of the persons or property of students or staff, shall be managed and conducted solely by the School District. In addition, a School Resource Officer will not participate in recommending or determining student discipline or in investigating incidents of student discipline which do not involve potential criminal activity 6. DUTIES AND WORK SCHEDULE OF THE OFFICER The peace officers serving as School Resource Officers pursuant to this Agreement shall perform School Resource Officers duties and services during regular school days and during other events, activities, and meetings as agreed upon by the parties 7. CITY’S AUTHORITY Although the School Resource Officer will work collaboratively with District’s Superintendent, Principals, and their designees, the School Resource Officer will be supervised by the Chief of Police or designee. The Chief of Police or designee is responsible for determining the School Resource Officer’s work assignment and ensuring compliance with the Police Department’s directives. The City will retain its authority over officer standards of performance, conduct and discipline of officers, performance reviews, and other internal matters related to enforcement services. Upon request of the Joint Powers Agreement Page 3 of 6 City, District shall provide the City with a written appraisal of the services rendered by a School Resource Officer at the end of each contract term. District shall immediately notify the City in writing of any performance deficiencies or inappropriate conduct of a School Resource Officer. All disciplinary action shall be under authority of the City. 8. PROHIBITED ACTIONS Pursuant to School Board Policy 519, in the absence of exigent circumstances, a School Resource Officer may not interview a student on school property about criminal activity or potential criminal activity unless: (a) the officer is conducting a maltreatment of minor investigation; (b) the crime has occurred, is alleged to have occurred, may have occurred, is occurring, or is reasonably expected to occur in the near future on school property or at a school sponsored event or activity; or (c) the officer has obtained prior written permission from the building principal or designee, from the student’s parent or guardian, or from the student, if the student is eighteen (18) years of age or older 9. DATA PRACTICES All government data that are collected, created, received, or maintained as a result of this Agreement will be handled in accordance with all applicable federal and state laws, including, but not limited to, the Minnesota Government Data Practices Act (“MGDPA”). The parties recognize that educational data maintained by District are protected under the MGDPA and under and the Family Educational Rights Privacy Act (“FERPA”), including its implementing regulations at 34 C.F.R. part 99. The parties acknowledge that unless District is reporting a crime or another statutory exception applies, District may not disclose private educational data to a School Resource Officer without the written consent of the student’s parent or guardian (or the written consent of the student if the student is eighteen years of age or older); a lawfully issued subpoena; or a court order. Nothing in this Agreement may be construed to modify the responsibilities of either party under the MGDPA or District’s responsibilities under FERPA. 10. RELATIONSHIP OF THE PARTIES Nothing in this Agreement may be construed to create a partnership or joint venture between District and the City. Neither party has any authority or power to take any unilateral action that could legally bind the other party. For purposes of the Minnesota Government Data Practices Act, each party is considered to be an independent contractor relative to the other party. 11. PROPERTY AND EQUIPMENT Each party will maintain ownership of all property and equipment provided to the School Resource Officer or other party for and in furtherance of the purposes of this Agreement. Upon termination or expiration without renewal of this Agreement, any property and equipment so provided shall be returned to the party that owns and provided the property and equipment. Each party shall be responsible for damage to or loss of any property or equipment furnished thereby in furtherance of the purpose of this Agreement. Except for willful misconduct, each party waives the right to sue the other party for any damages to or loss of its property or equipment, even if the damages were cause wholly or partially by the negligence of the other party, its officers, agents, or employees. Neither party Joint Powers Agreement Page 4 of 6 shall be liable or responsible to the other party for depreciation of any property or equipment. 12. SCHOOL RESOURCE OFFICER EMPLOYMENT STATUS At all times and for all purpose, the City is and will remain the exclusive employer of all peace officers who perform services pursuant to this Agreement. No School Resource Officer may be considered to be an official, employee, agent, educational service provider, or representative of District, and no School Resource Officer may make any representation to the contrary. The City maintains full control over the peace officers it employs and is solely responsible for all employment and administrative functions related its employees, including, but not limited to, supervision and evaluation, payroll and deductions, maintenance of all required insurance (e.g., workers’ compensation insurance, unemployment insurance, liability insurance), and any labor disputes or grievances. 13. LIABILITY AND INDEMNIFICATION Each party is solely responsible for any and all acts and omissions of its own officers, employees, officials, agents, and representatives. To the extent permitted by law, each party agrees to indemnify the other party from any and all damages, liability, judgments, claims, expenses, attorney fees, and costs resulting from any act or omission of any of its officers, employees, officials, agents, or representatives. Each party’s liability, if any, is limited under Minnesota Statutes Chapter 466, and nothing stated in this Agreement may be deemed to constitute a waiver of those limits. 14. NOTICES Any notice, demand, request, or other communication that may or shall be given or served by the parties, shall be deemed to have been given after the same is deposited in the U.S. mail, registered or certified postage prepaid, and addressed as follows: a. To the City: Attn: Police Chief, St. St. Joseph Police Department 75 Callaway Street East St. Joseph, MN 56374 b. To District 742: Attn: Superintendent, Willie Jett District 742 Schools 1201 2nd Street South Waite Park, MN 56387 Either party may designate a different addressee or address at any time by giving written notice to the other party. 15. WAIVER AND ENFORCEMENT The failure to insist on compliance with any term, covenant, or condition contained in this Agreement must not be deemed to be a waiver of that term, covenant, or condition, nor will any waiver or relinquishment of any right or power contained in this Agreement Joint Powers Agreement Page 5 of 6 at any time be deemed to be a waiver or relinquishment of any right or power at any other time. Each party is be responsible for its own costs, expenses, and any attorneys’ fees associated with this Agreement and any related matters, including enforcement of this Agreement. 16. EQUAL DRAFTING In the event that either party asserts that a provision of this Agreement is ambiguous, this Agreement must be construed to have been drafted equally by the parties. 17. CHOICE OF LAW, FORUM, AND SEVERABILITY This Agreement is governed by the laws of the State of Minnesota. The parties agree that the Minnesota state and federal courts will have exclusive jurisdiction over any dispute arising out of this Agreement. If a court determines that any part of this Agreement is unlawful or unenforceable, the remaining portions of the Agreement will remain in full force and effect. 18. ENTIRE AGREEMENT, CHANGES, AND EFFECT This Agreement constitutes the entire agreement between District and the City regarding School Resource Officer duties. This Agreement supersedes any inconsistent statements or promises made by either party. This Agreement also supersedes and terminates any prior or existing agreements or contracts regarding the same or any similar subject matter. Neither party has relied upon any statements, promises, agreements, or representations that are not stated in this Agreement. No changes to this Agreement are valid unless they are in writing and signed by both parties. A copy of this Agreement has the same legal effect as the original. IN WITNESS WHEREOF, the parties have entered into this Agreement on the dates recorded by their signature. By signing below, each party specifically acknowledges that it has read this Agreement and that it understands and voluntarily agrees to be legally bound by all terms of the Agreement. INDEPENDENT SCHOOL DISTRICT 742 CITY OF ST. JOSEPH Superintendent Willie Jett Mayor Rick Schultz Date Date Executive Director of Finance Chief of Police Dwight Pfannenstein & Business Services Amy Skaalerud Date Date Joint Powers Agreement Page 6 of 6