HomeMy WebLinkAboutItem #05 Approval for Renewal of the School Resource Officer Agreement with Orange County Public Schools ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: August 1, 2017
Item # 5
Reviewed By:
Contact Name: Stephen McCosker.5'" y Department Director: Chief C J n
Contact Number: X 3055 City Manager: Rob Frank
Subject: Renewal of School Resource Officer Agreement with Orange Count Public Schools
Background Summary:
The Ocoee Police Department provides one (1) DARE officer to five (5) 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.This agreement is effective from July 1,2017 to June
30, 2018. A similar agreement was previously reviewed by the City Attorney and approved by the City Commission for
2015-2017;however,this agreement is for a one year period.
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:
School Resource Officer Agreement 2017-2018.
Financial Impact:
The agreement reimburses the City a total of$170,338.87for the 2017-2018 school year for providing the four(4) officers
for the schools located within the City limits.
Type of Item: (please mark with an”x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion&Direction
x Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. 1`f✓ N/A
Reviewed by 0 N/A
AGREEMENT
between
The School Board of Orange County,Florida
and
City of Ocoee,Florida
for
The School Resource Officer Program
This agreement is entered into this 1st day of July, 2017 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," or "OCPS" and the City of Ocoee, a
municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the "Law
Enforcement Agency."
WITNESSETH
NOW, THEREFORE, in mutual consideration of the covenants herein, the Law Enforcement
Agency and the School Board agree as follows:
1. This Agreement shall be in effect from July 1, 2017, through June 30, 2018, unless
otherwise terminated as provided herein.
2. The Law Enforcement Agency shall assign officers according to the staffing formula
listed below to be School Resource Officers("SROs")for OCPS.
A. 2 Officers at each high school;
1 Officer at each 9th grade center;
1 Officer at each middle school;
1 Officer at each K-8 school;
1 Officer for every 4 elementary schools.
Any requests for additional SRO services during the term of this Agreement and
during regular school hours by any OCPS school shall be further negotiated
through OCPS District Police and the Law Enforcement Agency.
B. The Law Enforcement Agency will at a minimum provide such services to the
schools listed as in Exhibit"A".
C. OCPS shall provide notice to the Law Enforcement Agency for the jurisdiction
where the school is located, at least two (2) years prior to the commencement of
any new school construction or conversion, to discuss and negotiate the need for
additional law enforcement resources at the subject school. Both parties
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acknowledge that the budgetary cycle for the Law Enforcement Agency requires
sufficient lead time to properly budget for, select, train and equip law
enforcement officers. Notwithstanding the foregoing, OCPS shall provide the
Law Enforcement Agency with OCPS' adopted five (5) year Capital
Improvement Plan ("5 Year CIP") on a yearly basis, no later than October 1 of
each year. OCPS shall also promptly provide the Law Enforcement Agency any
amendments to the 5 Year CIP adopted by OCPS.
D. A written, agreed upon process by both the Law Enforcement Agency and the
School Board will be used to determine the assignment of an SRO to a school
that did not have previous coverage.
E. Any changes to the staffing levels contained in this agreement shall be in writing
and signed by both parties.
3. All SROs shall meet or exceed the following qualifications:
A. Minimum of two years' experience as a state certified law enforcement officer.
B. Currently certified by the State of Florida as a law enforcement officer.
C. SROs will receive formal training (to include SRO Basic Certification Training)
with a focus on school-based law enforcement within 12 months of being
assigned to the SRO program. Provided funding is available, OCPS will pay the
tuition costs for this training.
D. These requirements may be modified by mutual agreement of the Law
Enforcement Agency and the Chief—OCPS District Police.
4. Each SRO work year will follow the schedule established by the School Board for 10-
month teachers. An individual Law Enforcement Agency may enter into an agreement
with OCPS for summer school assignment at a particular school as the need arises.
Summer rates will be on a pro rata basis of the 10 month rate.
A. The SRO shall make reasonable efforts to arrive at their assigned campus one
half(1/2) hour before the school day begins and shall remain on campus one half
('/2) hour after the school day ends. This schedule may be altered if the SRO
determines there is a need for the SRO to address an issue involving students in
areas adjacent to the school. The SRO will make reasonable efforts to notify the
school of the change.
B. The Law Enforcement Agency will only provide additional SRO services when
the request is made by the OCPS District Police. All such requests will be
reviewed and approved by the Law Enforcement Agency based upon staffing
availability and internal agency policy.
C. The parties agree that representatives of the OCPS District Police and from law
enforcement management will hold a pre-school year planning meeting and a
post-school year debriefing meeting to address operational issues and concerns.
5. OCPS agrees to reimburse the Law Enforcement Agency at a rate of:
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A. For the school year beginning July 1, 2017 through June 30, 2018 at a rate of
$40,079.74 per full-time officer for the 10-month school year at each middle
school, 9th grade center,high school and if applicable,K8 school; and
B. For the school year beginning July 1, 2017 through June 30, 2018 at a rate of
$10,019.93 per part-time officer for the 10-month school year at each elementary
school and, if applicable,K8 school identified in Exhibit "A".
6. SROs assigned to elementary schools shall, by mutual agreement, teach either the MAGIC,
Fantastic Foundations, Super Kids, D.A.R.E. or the Exploration of Public Service
Occupations (locally referred to as Law Awareness) curriculums, or any other curriculum
that is mutually agreed to between the parties, as guest presenters in fifth grade classes and
in other grades as agreed to between the parties.
A. If a Law Enforcement Agency has a similar type of elementary school curriculum
they would like to teach to the schools, a complete copy of the proposed
curriculum and lesson plan will be submitted to OCPS District Police for approval.
B. Revisions to the elementary school law enforcement curriculum shall be
submitted to OCPS District Police for district review and approval prior to being
implemented.
7. SROs assigned to middle schools may, by mutual agreement, have a teaching assignment
which consists of Middle Magic, the G.RE.A.T. (Gang Resistance Education and
Training), Super Teens, Exploration of Public Service Occupations, Cyber Safety, or a
combination of any of these classes/curriculums.
A. If a Law Enforcement Agency has a similar type of middle school curriculum they
would like to teach at schools, a complete copy of the proposed curriculum and
lesson plan will be submitted to the OCPS District Police for approval.
B. Revisions to the middle school law enforcement curriculum shall be submitted to
the OCPS District Police for district review and approval prior to being
implemented.
8. SROs assigned to high schools may instruct specialized short-term programs by invitation
of school administration or faculty member.
9. Any exceptions to the instructional responsibilities outlined herein must be mutually
agreed upon by the appropriate designee from OCPS Curriculum Services, the
appropriate designee from OCPS District Police, the appropriate school principal and the
Law Enforcement Agency.
10. SROs shall be responsible for the following additional duties:
A. Encouraging individual and small group discussion with students, faculty, and
parents about matters related to law enforcement.
B. Making referrals to community agencies offering assistance to juveniles and their
families, such as mental health clinics, drug treatment centers, etc. when the
officer deems appropriate.
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•
C. Assisting other law enforcement officers in matters relating to the SROs' school
assignments.
D. Actively support the OCPS Early Truancy Intervention Program (ETI) under the
direction of the school system and the State Attorney 9th Judicial Circuit of
Florida.
E. The Law Enforcement Agency will participate in active assailant drills conducted
by OCPS and may participate in developing strategies to enhance the
effectiveness of the drills.
F. The assigned SROs will be on the premises of the school as a uniformed presence
while the OCPS District Police conduct their weapons screening program. The
weapons screening is solely the responsibility of OCPS and the SROs will not
participate in screening or searching any student, OCPS employee, or any other
person as part of OCPS' screening program, unless the officer can articulate
reasonable suspicion that the person is armed justifying a pat down or probable
cause to search based upon the belief weapons or contraband are illegally
possessed. Temporary re-assignment of SROs from other schools is permissible
to ensure a uniformed presence during the screening process. OCPS must
provide a minimum of two (2) business days' notice to the Law Enforcement
Agency management staff.
G. If the Law Enforcement Agency cannot temporarily re-assign an SRO to another
school for the weapons screening program, OCPS will decide if they want to
operate the weapons screening with just the assigned SRO or if they want to pay
the Law Enforcement Agency for off-duty detail officers to be present.
H. Upon receiving a public records request from OCPS and as permitted by law, any
reports or documentation created in the course of a criminal investigation shall be
forwarded to the OCPS District Police for appropriate action and dissemination
to the affected school as necessary.
11. The Law Enforcement Agency will submit a combined agency SRO activity log to OCPS
District Police by the 15t day of the following month. This activity log can be combined
with any duty log created or already in place by an individual agency, and it shall include
statistical data of any arrests, Juvenile Release Agreements, At-Large Affidavits, or
Juvenile Civil Citations issued on OCPS-owned property taken by the SRO or other law
enforcement officer while school is in session.
12. Law Enforcement Agencies and OCPS District Police, within statutory and policy
guidelines, shall share criminal and student information(to include specific incidents and
trends), potential threats to the school, criminal gang activities, and other issues that
could affect the safety of the school environment consistent with "The Collaborative
Agreement on School Discipline."
13. SROs should wear their department issued uniforms while working on campus and at
school events,unless exempted by their immediate supervisor.
14. SROs are under the direct supervision and control of the Law Enforcement Agency.
They remain employees of the Law Enforcement Agency and are responsible and
accountable to the Law Enforcement Agency's chain of command. SROs will coordinate
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their SRO activities with the principals, the OCPS District Police and other appropriate
staff members of their assigned schools.
15. All concerns and conflicts regarding SROs and OCPS schools will be administered
through the Chief - OCPS District Police and the appropriate designee from the Law
Enforcement Agency unless otherwise prohibited by law or agency policy.
16. The SRO will, in a reasonable and practical time frame and within statutory and agency
guidelines, communicate any law enforcement action the SRO takes on campus with the
principal or his/her designee. The SRO shall inform the principal or his/her designee
prior to removing any student from class to conduct custodial interrogations. Any student
information provided to the SRO or Law Enforcement Agency by OCPS shall be subject
to student privacy laws.
17. School administration, in a reasonable and practical time frame and in accordance with
State law, shall advise the SRO, or if the SRO is not available, the Law Enforcement
Agency, of any incidents which a reasonable person would believe constitute criminal
activity occurring on school campus.
18. Behavior that could be defined as a "petty act of misconduct" under Section
1006.13(2)(c), Florida Statutes, will be discussed by school administration and the SRO
to determine if there is an appropriate student discipline remedy in lieu of criminal
prosecution. If the parties agree that the offense should be handled by the school, the
offense will be handled by OCPS. Notwithstanding the foregoing, nothing herein shall
preclude the Law Enforcement Agency's discretion to conduct a criminal investigation.
19. If criminal activity is suspected, the primary investigative party will be the Law
Enforcement Agency. The status and findings of the investigation, where permitted by
Florida law and the Law Enforcement Agency's policy, will be communicated with
OCPS District Police and School Administration. A school investigation may be done
concurrently,but shall not interfere with law enforcement activities.
20. SROs shall not be assigned any duties regularly given to school personnel, such as
lunchroom or hall duty. The SRO however, shall be visible in student populated areas
before school, during class change, at lunch, and during dismissal when not involved in
other law enforcement duties. The SRO shall patrol the perimeter and external portion of
the school when the SRO's schedule permits.
21. SROs are not school disciplinarians. The SRO will not transport suspended or disruptive
students unless authorized by their supervisor. The parties shall cooperate in informing
the student's parents in the event the student is being transported to another location.
22. SROs are required to be absent from campus from time to time to attend training, due to
illness, due to military obligations, to appear in court and to perform certain
administrative functions required by their position with the Law Enforcement Agency.
The SRO supervisor will approve all SRO absences from campus and notify the school
administration and OCPS District Police in advance, when possible. The Law
Enforcement Agency will make reasonable efforts to replace SROs who are absent, based
upon available resources of the Law Enforcement Agency.
23. Should it become necessary to conduct formal law enforcement interviews on school
grounds with students or staff, the SRO shall abide by applicable State law and the Law
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Enforcement Agency's policy and procedure. School Board personnel shall cooperate
with those efforts.
24. Nothing herein shall be construed as imposing a legal duty for school and/or student
security upon the Law Enforcement Agency. This Agreement shall not be construed as
creating a special relationship between the Law Enforcement Agency and any person or
entity.
25. Provided the Law Enforcement Agency is not in violation of any of the terms of this
Agreement, payment shall be made in two installments(one half of each school year rate)
with payments due on or before January 31, 2018, and June 30, 2018,. If OCPS believes
that the Law Enforcement Agency is in violation of the terms of this Agreement, OCPS
shall deliver written notice to the Law Enforcement Agency of the violation and allow the
Law Enforcement Agency thirty days to correct any violation. If the OCPS does not
provide written notice of the violation and give the Law Enforcement Agency the ability
to correct said violation, OCPS shall not withhold payment. Additionally, if OCPS
provides written notice of a violation and the Law Enforcement Agency corrects the
violation within the thirty days, OCPS shall not withhold payment. The Law
Enforcement Agency shall deliver an invoice to the School Board no later than forty-five
(45)days prior to the agreed upon payment date.
26. Either party may terminate this Agreement without cause upon 30 days written notice to
the other party. In the event of such a termination,the Law Enforcement Agency shall be
paid on a pro rata basis for services rendered to the date of termination. Further, either
party may immediately terminate this Agreement for cause upon giving written notice to
the other party and a 30-day opportunity to cure any material default.
27. Neither party may assign this Agreement.
28. The terms and provisions of this Agreement constitute the entire contract between the
parties with respect to the subject matter hereof and shall supersede all previous
communications, representations, or agreements, either verbal or written, between the
parties. No change, alteration, or modification of this Agreement shall be effective unless
in writing and signed by both parties hereto.
29. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. The venue of any litigation arising hereunder shall be Orange County,
Florida.
30. 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.
31. The parties agree that they will engage in meaningful, face to face negotiations beginning
in January 2018 in preparation for the 2018-2019 school year, with the intent of having a
finalized agreement on or about July 1, 2019. Each party will assign personnel to their
respective team that have the ability to negotiate on behalf of their organization. This
agreement shall continue in full force and effect for the 2017-2018 school year until
superseded by a new agreement signed by all parties.
32. In the event OCPS enters into an agreement with another Law Enforcement Agency
which contains terms more favorable to either party than those contained in
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this Agreement,the parties hereto agree to amend this Agreement to mirror all terms
contained in the more favorable agreement. The provisions of this paragraph shall only be
applicable in the event that the SRO services provided by the other Law Enforcement
Agency are(a)to schools not listed in that agency's 2017-18 School Resource Officer
Agreement and(b)are for ninety(90) school days or more.
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by the undersigned
persons as duly authorized.
THE CITY OF OCOEE, FLORIDA THE SCHOOL BOARD OF ORANGE
COUNTY,FLORIDA
BY: BY:
Rusty Johnson, Mayor William E. Sublette,Chairman
ATTEST: BY:
Melanie Sibbitt, City Clerk Barbara M. Jenkins, Superintendent
This document has been reviewed by the
Office of the General Counsel on behalf of
The School Board of Orange County,
Florida, for its exclusive use and reliance,
this day of ,2017.
BY:
Jared A.Brooks, Staff Attorney
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"Exhibit A"
Ocoee Police Department
. 2017-18 School Year
Reimbursement for School Resources Officers
School School# Level #of Officers Amount
1 Citrus ES 216 E 0.25 10,019.94
2 Ocoee ES 1531 E 0.25 10,019.94
3 Spring Lake ES 841 E 0.25 10,019.94
4 Thornbrook ES 235 E 0.25 10,019.94
5 Westbrooke ES 1562 E 0.25 10,019.94
6 Ocoee MS 342 M 1 40,079.74
7 Ocoee HS 252 H 2 80,159.48
Total 7 4.25 170,338.90
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