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HomeMy WebLinkAbout2016-009 MOU with AUSD for School Resource Officer DIto- Oil AGREEMENT/MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO POLICE DEPARTMENT AND ATASCADERO UNIFIED SCHOOL DISTRICT SCHOOL RESOURCE OFFICER PROGRAM This agreement(hereinafter"Agreement"), effective July 1, 2016, is made and entered by and between the City of Atascadero Police Department (hereinafter referred to as,"City") and the Atascadero Unified School District (hereinafter referred to as "AUSD"), collectively the "Parties." WHEREAS, the Parties desire to further impress upon the minds of the pupils within the City of Atascadero the principles of morality, truth,justice, patriotism, a true comprehension of the rights, duties and dignity of American citizenship, the reduction of criminal activity and drug suppression; and, WHEREAS, the School Resource Officer Program (hereinafter referred to as "Program") is of critical importance in that officers assigned to the Program (hereinafter referred to as "SROs") encourage students to be responsible for their own actions, foster respect for other people, develop cultural sensitivity, make informed life style decisions and develop a mutual understanding between the youth and police viewpoints; and NOW, THEREFORE, for and in consideration of the collaborative agreements herein contained, the sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Goals and Objectives It is understood and agreed that AUSD and the City officials share the following goals and objectives with regard to the SRO Program: A. To foster educational programs and activities that will increase students' and parents knowledge of and respect for the law and the function of law enforcement agencies; B. To encourage the SRO to attend extra-curricular activities held at school, such as parent meetings, athletic events and concerts; C. To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school, such as: disorderly conduct by trespassers, the possession and use of weapons on campus, the illegal sales and/or distribution of controlled substances, and riots; s D. To report serious crimes that occur on campus and to cooperate with the law enforcement officials in their investigation of crimes that occur at school, E. To cooperate with law enforcements officials in their investigations of criminal offenses which occur off campus. F. To work together proactively ensure the safety of students, parents and faculty on AUSD campuses through the implementation of enhanced safety measures, education and training. G. To implement programs such as Teen Court, Restorative Justice or other similar programs designed to rehabilitate and restore student offenders of non-violent, non-drug related crimes. 2. Term and Termination - 1 - a ✓ The term of this Agreement shall be for a period beginning on or before July 1, 2016 and ending June 30, 2018. This Agreement may be extended for additional one-year terms, upon written mutual consent of both parties. AUSD or City may terminate this Agreement by giving written notice of termination sixty(60) days prior to the completion of this Agreement. 3. Obligation of City During the term of this Agreement, City hereby covenants and agrees to the following: A. Assign one (1) full time SRO to AUSD for the term of the Agreement, with a primary assignment at the Atascadero High School location. SRO will support all AUSD schools in the city limits as needed to address safety concerns and build positive relations. The SRO shall perform services under the supervision and direction of the City's Chief of Police or designee. B. Each SROs regular workweek shall be a 5-8, 9-80 or other compatible schedule, as mutually agreed upon by the Chief of Police and AUSD. The schedule of the SRO will be set by the supervisor of the SRO program. C. Assign a police officer of supervisory rank to act as liaison with AUSD and individual school administration for law enforcement efforts at AUSD sites. Primary purpose of this task is to establish effective lines of communication between the assigned City Supervisor and AUSD Administrator on site. In the event SRO has scheduled absence of one week or more, City will do everything reasonably possible to assign another Officer. D. Assigned time may be modified on a day-to-day basis based on emergency situations, sick leave, court appearances, and such other special requirements. E. The respective SRO and his or her assigned supervisor should notify the respective principals of the SRO's daily schedule as far in advance as possible. When possible, the SRO and his or her assigned supervisor will notify AUSD Administrators of their planned operational priorities. This should be done on a monthly basis, or as necessary to ensure adequate communications between the SRO and AUSD Administrators at the school sites. F. The SRO and the assigned supervisor shall meet with AUSD Staff at least quarterly during the year with the first meeting occurring prior to the start of the school year to review duties and responsibilities. G. Make available to each SRO an appropriate motor vehicle for the performance of the services to be rendered under this Agreement, and shall pay for all equipment and operating costs, including gasoline, tires and maintenance of said vehicle. H. Make available to each SRO appropriate equipment and training as would normally be afforded a police officer working for the City. Training periods shall be coordinated in advance with AUSD and the City will strive to schedule training during non-school days so as to maximize the on-site time of the SRO. I. Make activity records available to AUSD on a semi-annual basis. J. Investigations on AUSD sites by law enforcement shall be coordinated with respective principals or official designees when such coordination will not compromise the investigation. K. Special investigations on AUSD sites shall be with a mutually agreed upon designee of the AUSD if such coordination will not compromise the investigation. L. City agrees to accept and investigate reported incidents of criminal behavior consistent with - 2- e J t Atascadero Police Department guidelines used throughout the city to ensure the safety of the students and staff by the arrest and removal of juvenile and adult violators within the parameters of the law. M. The SROs may provide in-service training sessions to AUSD personnel, parents and students on topics of common interest and mutually agreed upon. Such training may include crime prevention, drug prevention, personal safety, internet safety, etc. N. Evaluate the Program up to four times annually. Said evaluation shall be accomplished by a member of the administrative staff of the AUSD, a SRO and at least one other supervisory member of the Atascadero Police Department. 4. Obligation of AUSD During the term of this Agreement, AUSD hereby covenants and agrees to the following: A. AUSD personnel shall cooperate with the SRO and City to facilitate the performance of services pursuant to this Agreement and the City's general law enforcement duties. B. Provide the SROs with an office, furniture, computer, and telephone with voice mail at each high school site. Provide SRO's with Community School Personnel calendar for planning purposes. SRO's are strongly encouraged to participate in the Teacher training scheduled in August, a team building element designed activity. C. Provide the SROs with a transceiver radio in order to communicate with staff at the respective school sites. D. Provide an AUSD laptop computer, email account and access to the internet through the assigned computer. City's use of AUSD email and internet access shall conform to the AUSD's acceptable use policies and other standards. E. The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal believes an incident is a violation of the Iaw, the principal may contact the SRO, and the SRO shall then determine whether law enforcement action is appropriate. F. When there is a need for emergency law enforcement assistance,respective principals or official designees are first to call 911 and then notify the appropriate SRO via cell phone or through APD Dispatch. The SRO shall respond as quickly as possible and provide further direction, as necessary. G. The principal or official designee of AUSD shall be responsible for making non-emergency requests for police services, such requests shall be made directly to the designated SRO. If that officer is not available the unit supervisor may be contacted to determine when that officer will be available. 5. Supplemental Services AUSD will collaborate with the respective SRO and his or her assigned supervisor regarding the SRO's daily schedule as far in advance as possible to make adjustments for scheduled events where the SRO's presence is needed. In addition to those scheduled between AUSD and the City, AUSD may request the City provide supplemental services during evening or weekend events such as PTA meetings, Back-to-School nights, Open House(s), athletic or performance events, dance(s), prom(s), or other AUSD-sponsored events. City shall use its best efforts to provide the requested services by the SRO assigned to the respective school site at which the events or activity is scheduled. AUSD shall be obligated to compensate City for such supplemental services which will be provided at the City's overtime rate. 6. Compensation - 3- AUSD shall reimburse City $80,000.00 annually for the services of the SRO pursuant to this agreement. Payment for services shall be rendered twice a year on July I" and January 1'upon receipt by AUSD of proper invoice submitted by the City.Any overtime requested by the City for activities outside of the school shall be paid for by the City. Any overtime requested by AUSD shall be paid for by AVSD. 7. Selection of SRO The selection of police officers and supervisory personnel for the Program shall be at the sole discretion of the City's Chief of Police. The Chief of Police is encouraged to solicit input from AUSD as to SRO selection and assignment. 8. Chain of Command As an employee of the City, the SRO shall follow the chain of command as set forth in the PD Policies and Procedure Manual. 9. Access to Educational Records School officials shall allow the SRO to inspect and copy any public records maintained by the school including student directory information, classroomassignments and discipline files. However, the SRO may only inspect and/or copy confidential student education records as allowed by law. 10. Indemnification A. City agrees to defend, indemnify and hold AUSD, its officers, employees, agents and volunteers harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts,omissions or misconduct of City, its officers, employees, agents or volunteers. B. AUSD agrees to defend, indemnify and hold City, its officers, employees, agents and volunteers harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts, omissions or misconduct of AUSD, its officers, employees, agents or volunteers. 11. Authority The Parties each warrant and represent to the other that they have the full legal authority to enter into this Agreement. 12. Entire Agreement This Agreement sets forth the entire agreement between City and AUSD, and any modifications or extensions must be in the form of a written amendment duly noticed and approved at a public meeting. 13. Waiver Any waiver by the City of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of City to require exact, full, and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof, or stopping the City from enforcement hereof. - 4- 14. Severability If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first written above. CITY OF ATASCADERO ATASCADERO UNIFIED SCHOOL DISTRICT Rachgle Rickard,C' Manager Tom Butler, Superintendent Jerel H y, ief of P lice - 5-