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HomeMy WebLinkAboutItem #03 School Resource Officer Contract AGENDA ITEM COVER SHEET Meeting Date: December 19, 2006 Item # .3 Contact Name: Contact Number: S. Goclon X3021 Reviewed By: Department Director: City Manager: ~~ Background Summary: The Ocoee Police Department provides one (1) DARE officer to four (4) elementary schools, one (1) School Resource Officer to one (1) middle school, and two (2) School Resource Officers to one (1) high school, all of which are located within the city limits of Ocoee. An annual agreement between the City and the School Board of Orange County is required in order for the Police Department to understand its officers' responsibilities and for the City to be reimbursed by the School Board of Orange County for a portion of the officers' salaries. Issue: Should the Honorable Mayor and Board of City Commissioners approve the renewal of the agreement with the School Board of Orange County that reimburses the City for providing School Resource and DARE officers to the public schools in Ocoee? Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve the renewal of the agreement with the School Board of Orange County that reimburses the City for providing School Resource and DARE officers to the public schools in Ocoee. Attachments: SRO contract (hyperlinked) Financial Impact: The agreement reimburses the City a total of $88,000 for providing the four (4) officers for the schools located within the City limits. This is an $8,000 increase over last year's contract. Foley and Lardner has reviewed and approved the agreement. Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution --L Commission Approval Discussion & Direction ~ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) roval email 12-7-06 attached N/A N/A N/A City Manager Robert Frank Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel Keller, District 4 Mayor S, Scott Vandergrift STAFF REPORT TO: OImmsslOners FROM: Ron Reffett, Chief of Poli DATE: December 19, 2006 RE: School Resource Officer Contract ISSUE Should the Honorable Mayor and Board of City Commissioners approve the renewal of the agreement with the School Board of Orange County that reimburses the City for providing School Resource and DARE officers to the public schools in Ocoee? BACKGROUND/DISCUSSION The Ocoee Police Department provides one (1) DARE officer to four (4) elementary schools, one (1) School Resource Officer to one (1) middle school, and two (2) School Resource Officers to one (1) high school, all of which are located within the city limits of Ocoee. An annual agreement is required in order for the Police Department to understand its officers' responsibilities and for the City to get reimbursed by the School Board of Orange County for a portion ofthe officers' salaries. The school board will reimburse the City a total of $88,000 for providing the four (4) officers. This is an increase of $2,000 per officer per year over last year's contract. This contract is consistent with the rest of the municipalities in Orange County that provide officers to public schools within their jurisdictions. These officers help in the multi-faceted approach to fighting crime and making children safe. The officers' presence helps to maintain security at the schools. The officers establish rapport with students and teach the students at an early age to resist drugs, alcohol, crime, gangs, and violence. The officers intervene with a variety of issues at the schools before they become more severe. The officers also handle calls for service that would normally take an officer away from road. Patrol duties. The contract has been reviewed and approved by Foley and Lardner. 1 Message Page 10f2 Decaul, Jaswantie From: Palmer, Nicholas (NPalmer@foley.com] Sent: Friday, December 08,2006 12:09 PM To: Decaul, Jaswantie Subject: RE: SRO Contract From the Desk of: Nicholas N. Palmer : FOLEY FOLEY & LARDNER LLP Looks fine. Just insert the standard form City signature page (a copy is attached to this email) immediately after page 2 and it will be ready to go. Nick Nicholas N. Palmer :FOLEY Foley & l<,rtJr~r llP Attar r1tl'j'S ,11 Ll'I' III Norll- Orange Avenue SUite 1800 Orlando. FL USA 32801-2386 FOLlY & LAIIONU LLP lei 407.244.7133 Fi'tX 407.648.1743 EMilil nraIMer@kAey.coM WF.b ....'W'II.f,1Ie. .('om ~JNFO From: Decaul, Jaswantle [mailto:jdecaul@d.ocoee.f1.us] sent: Thursday, December 07, 2006 4:36 PM To: Palmer, Nicholas SUbject: SRO Contract Nick can you please review this again. They changed the 1st page. Thanks. The preceding email message may be confidential or protected bytheattomey-clientprivilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP client(s) represented by 12/1112006 --- -.3 between - ORIGINAL AGREEMENTd_ The School Board of Orange County, Florida and City of Ocoee, Florida for The School Resource Officer Program This Agreement, entered into this 1st day of July, 2006, between The School Board of Orange County, Florida, a public body corporate organized and existing under the Constitution and laws of the State of Florida, hereinafter referred to as the "School Board," and City of Ocoee, Florida, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the "Law Enforcement Agency," Witness that: The School Board and Law Enforcement Agency mutually agree as follows: 1. That the School Board shall: Provide funding as specified in Exhibit "A" attached hereto for services rendered by Law Enforcement Agency during the term of this agreement, to the Law Enforcement Agency for providing, through law enforcement officers employed by Law Enforcement Agency, those services set forth in this agreement and the attachments hereto. Payment to the Law Enforcement Agency shall be made in two (2) equal installments according to the following schedule: December 31, 2006; June 30, 2007. 2. Not used 3. That the Law Enforcement Aaencv shall: a. Cause to be provided for and on behalf of the School Board school resource officers using the following manpower allocation formula to carry out the duties and responsibilities listed in the attachment: 2 Officers at each High School 1 Officer at each 9th Grade Center 1 Officer at each Middle School 1 Officer for every 4 Elementary schools b. Cause to be completed and submitted to the School Board, as requested by the School Board, all student and program records. 4. This agreement shall remain in effect from July 1, 2006, throug unless terminated sooner pursuant to Section 5 of this agreement. A Not Approved pate~'- ru enbacher ~ ounsel Or. nge County Public Schools 9AD210 - 10/18/2006 - -3 . ..... :"""1 4. This agreement shall remain in effect from July 1, 2006, through June 30, 2007, unless terminated sooner pursuant to Section 4 of this agreement. 5. Termination Either party may terminate this agreement without cause on 30 days notice in writing to the other party; further, either party may terminate this agreement immediately for cause, upon giving written notice to the other party, provided such notice is accompanied by a written opinion from the general counsel of the party terminating the agreement stating that it is not legally permissible for that party to continue to substantially comply with this agreement. 6. Attachment: The attachment is incorporated by reference herein and made a part hereof as fully as if herein set forth. IN WITNESS WHEREOF, the parties set their hands and seals in Orlando, Orange County, Florida. CITY OF OCOEE, FLORIDA BY: as its Mayor THE SCHOOL BOARD OF ORANGE COUNTY'F~~ Bv9 as its Chairman (Corporate Seal) (Corporate Seal) ATTEST: ATTEST: {). as its City Clerk as Secretary and Superintendent ,20052006. 9AD210 - 8/4/2006 - -~ - -'. - '< J_ ' - OCOEE SIGNATURE BLOCK FORM WITHOUT NOTARY AND WITNESSES ATTEST: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,200_, FOLEY & LARDNER LLP APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,200_ UNDER AGENDA ITEM NO. By: City Attorney ORLA_1 07255. 1 - -.3 ~ - '. ATTACHMENT 1. The law enforcement agency shall furnish sworn law enforcement officers to serve as school resource officers (SROs) assigned to public schools in the Orange County school district within the city limits of the City of Ocoee. 2. The SROs shall each meet or exceed the following qualifications: · Minimum of two years of college and two years experience in law enforcement operations or four years in law enforcement operations. Preferably at least one of the years in law enforcement operations should be in the local jurisdiction. This requirement may be modified by mutual agreement of the law enforcement agency and the associate superintendent, education services. · Certified by the State of Florida as a law enforcement officer. 3. Instructional Responsibility SROs assigned to elementary schools shall teach the DARE (Drug Abuse Resistance Education) curriculum as guest presenters in fifth grade classes and in other grades as appropriate in their assigned schools. The elementary SROs will be referred to as DARE officers. When applicable, the DARE officer will also teach the middle school DARE curriculum to students in designated middle school classes. SROs assigned to middle schools may have a teaching assignment which consists of the GREAT (Gang Resistance Education and Training) curriculum, DARE, or Exploration of Public Service Occupations, or a combination of any of these classes. Exploration of Public Service Occupations (locally referred to as Law Awareness) will include such topics as: 1) justification for rules and laws 2) consequences of crime 3) juvenile and adult criminal justice systems 4) career opportunities in law enforcement 5) substance abuse prevention 6) crime and violence prevention SROs assigned to high schools will instruct specialized short-term programs by invitation of the principal or a member of the faculty. Each school resource officer's work year will follow that established by the school board for 10-month teachers. Summer school assignments of SROs will be arranged at the discretion of their law enforcement agencies. Any exceptions to the instructional responsibilities outlined above must be mutually agreed upon by the school board's associate superintendent, education services, the law enforcement agency and the individual school principal. 4. SROs shall be certified law enforcement officers, as defined in Section 943.10(1), Florida Statutes, who are employed by a law enforcement agency as defined in Section 943.10(4), Florida Statutes. Their powers and duties as law enforcement officers shall continue throughout their tenure as a school resource officer. 9AD21 0 - 8/4/2006 5 - -4 :'~ SROs shall abide by school board policies and shall consult with and coordinate activities through the school principal but shall remain fully responsive to the chain of command of the law enforcement agency in all matters relating to employment. 5. Additional Duties and Responsibilities: a. SROs will develop expertise in presenting various subjects such as understanding the laws, the police officer, and the police mission. b. SROs will encourage individual and small group discussions about law enforcement related matters with students, faculty and parents. c. SROs are not school disciplinarians. If principals believe an incident is a law violation, they shall contact the SRO who shall then determine whether law enforcement action is appropriate. Suspended or disruptive students may be transported by SROs only with the approval of the officer's supervisor. d. SROs will attend meetings of the school's parent and faculty groups to solicit their support and understanding of the SRO program and to promote awareness of law enforcement functions. e. SROs will make themselves available for conferences with students, parents, and faculty members to assist them with problems of a law enforcement or crime prevention nature. Nothing herein requires that confidential information obtained pursuant to Chapter 39, Florida Statutes, be disclosed. f. SROs will be familiar with all community agencies which offer assistance to youths and their families such as mental health clinics, drug treatment centers, etc. They will make referrals when appropriate. g. SROs and the principal of the school to which they are assigned shall confer when appropriate to develop plans and strategies to prevent and/or minimize dangerous situations on or near the campus or involving students at school-related activities. h. SROs are not to be placed on the written school duty roster. I. In the interest of maintaining a safe and orderly school environment, student and campus supervision is of critical importance. The SRO must playa prominent role in supervision. Student and campus supervision responsibilities of the SRO should be coordinated with and agreed to by the SRO and the school principal. When school is in session, the presence of the SRO on and around the school campus is vital. j. Should it become necessary to conduct formal police interviews on a school campus with students or staff, the law enforcement agency's personnel shall abide by school board policy concerning such interviews. School Board Policy JIH contains procedures for criminal investigations involving students as suspects or witnesses. 9AD21 0 - 8/4/2006 - -3 ~ :-'''~ . k. SROs shall take law enforcement action as necessary. As soon as practicable, if not prohibited by confidentiality requirements of state law, the resource officer will notify the principal of the school to which he/she is assigned about any law enforcement activity undertaken on that school's campus. At the principal's request, the officers will take appropriate law enforcement action against intruders and unwanted guests who appear at school and school-related functions. Whenever practicable, the officer shall advise the principal before requesting additional enforcement assistance on campus. I. SROs will give assistance to other police officers in matters regarding the resource officer's school assignments. m. To promote citizen awareness of law enforcement efforts, to assure the peaceful operation of school-related programs, and to build support with students, SROs will, whenever possible, participate in or attend school functions. n. SROs will reaffirm their roles as law enforcement officers by wearing their uniforms a minimum of two days a week, unless doing so would be inappropriate for scheduled school activities. The uniform will also be worn at events where it will enhance the image of the officers and their ability to perform their duties. o. It is understood and agreed to by the parties that at no time shall a law enforcement officer acting pursuant to this Agreement be an employee or agent of the School Board. The law enforcement officer shall always be and remain an employee of the Law Enforcement Agency when performing their function herein. p. SRO's are required to be absent from campus from time to time to attend training, to appear in court and to perform certain administrative functions required by their position with the Ocoee Police Department. The officer's supervisor will approve all such absences and ensure that the principal is informed, in advance. 9AD210 - 8/4/2006 -3 :":"'" Exhibit A City of Ocoee Police Department 2006-07 School Year Reimbursement for School Resource Officers School School # level # of Officers Amount 1 Citrus Elementarv 0216 E .25 5,500. 2 Ocoee Elementarv 1531 E .25 5,500. 3 Ocoee MS 0342 M 1.0 22,000. 4 Sprinq Lake Elementarv 0841 E .25 5,500. 5 Thornebrook Elementarv 0235 # .25 5,500 6 Ocoee HS H 2.00 44,000 Total 4 88,000 9AD210 - 8/4/2006