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HomeMy WebLinkAboutItem E(03) Consideration of Annual School Resource Officer Agreement Between the City and the Orange County School Board Abe Cepter of Good Llv AGENDA ITEM COVER SHEET Meeting Date: December 7, 2004 Item # Ived By: ' Contact Name: Steve Goclon rtment Director: A,//� Contact Number: x3027 ly Manager: Subject: Annual School Resource Officer Contract Background Summary: The police department currently provides three police officers to the four elementary schools and the one middle school located within the city limits. An annual agreement between the City and the School Board is required in order for the police department to understand its officers' responsibilities and for the City to be reimbursed by the School Board for a part of the officers' salaries. Staff is proposing two officers be designated to the four elementary schools and one middle school for the term of the agreement. This staffing level equals the minimum called out in the attached agreement. Issue: Should the Honorable Mayor and Board of City Commissioners approve a renewal of the agreement with the Orange County School Board which 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 a renewal of the agreement with the Orange County School Board which reimburses the City for providing School Resource and DARE officers to the public schools in Ocoee. Attachments: A copy of the agreement is attached and hyperlinked from the staff report. Financial Impact: The agreement reimburses the City $40,000 for providing officers at the four elementary schools and one middle school within the City limits. Foley and Lardner have reviewed and approved the agreement. Type of Item: (please mark with an ax") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance First Reading Public Hearing Resolution Regular Agenda X 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 N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A the Center of Good Liv AGENDA ITEM COVER SHEET Meeting Date: December 7, 2004 Item # 3 Reviewed By: Contact Name: Steve Goclon Department Director: Air/ Contact Number: x3027 City Manager: Subject: Annual School Resource Officer Contract Background Summary: The police department currently provides three police officers to the four elementary schools and the one middle school located within the city limits. An annual agreement between the City and the School Board is required in order for the police department to understand its officers' responsibilities and for the City to be reimbursed by the School Board for a part of the officers' salaries. Staff is proposing two officers be designated to the four elementary schools and one middle school for the term of the agreement. This staffing level equals the minimum called out in the attached agreement. Issue: Should the Honorable Mayor and Board of City Commissioners approve a renewal of the agreement with the Orange County School Board which 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 a renewal of the agreement with the Orange County School Board which reimburses the City for providing School Resource and DARE officers to the public schools in Ocoee. Attachments: A copy of the agreement is attached and hyperlinked from the staff report. Financial Impact: The agreement reimburses the City $40,000 for providing officers at the four elementary schools and one middle school within the City limits. Foley and Lardner have reviewed and approved the agreement. Type of Item: (please mark with an x' Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance First Reading Public Hearing Resolution Regular Agenda X 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 N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A Mayor ceotel of Good Commissioners S. Scott Vandergrift Danny Howell, District 1 Scott Anderson, District 2 City Manager - Rusty Johnson,District 3 Robert Frank Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Steven J. Goclon DATE: November 23, 2004 RE: Annual School Resource Officer Contract ISSUE Should the Honorable Mayor and Board of City Commissioners approve a renewal of the agreement with the Orange County school board which reimburses the City for providing School Resource and DARE officers to the public schools in Ocoee. BACKGROUND/DISCUSSION The police department provides officers to the four elementary schools and the middle school located within the city limits. These officers help in the multi faceted approach to fighting crime and making children safe. The police officers' presence help 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 at the schools intervene with a variety of issues before they become more severe. The officers also handle calls for service that would normally take an officer away from the road. School Board policy and the contract provides for one officer per middle school and one officer per four elementary schools. In past years the police department has provided one officer per two elementary schools so that the DARE program could be taught to more students. The police department is not nor has it ever been contractually obligated to provide the second DARE officer. Police department staffing issues requires assigning the second DARE officer to another area of the department that is short staffed. Other officers in the community affairs unit can assist with school related functions that this change may affect. The contract has been reviewed by Foley and Lardner. • AGREEMENT between The School Board of Orange County, Florida and City of Ocoee, Florida for The School Resource Officer Program This Agreement, entered into this day of July, 2004, 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 funds in the amount of $20,000 for each officer assigned not to exceed $40,000 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. (See attachment.) Payment to the Law Enforcement Agency shall be made in two (2) equal installments according to the following schedule: December 31, 2004; June 30, 2005. 2. The School Board reserves the right to pro-rate payments in the event a school is without the services of the SRO for an extended period of 4 weeks or more. 3. That the Law Enforcement Agency 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 9AD210-9/9/2004 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, 2004, through June 30, 2005, 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 THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA BY: SPe Attached Signature Page BY: gadst, its its Mayor as Chairman (Corporate Seal) (Corporate Seal) ATTEST: ATTEST: See Attached Signature Page as its City Clerk as Secretary and Superin dent This document has been reviewed by the School Board Attorney, on behal f gf the School o•rd, this f ..y of /, , x2004. BY d,' 1110 it 9AD210-9/9/2004 CITY OF OCOEE SIGNATURE BLOCK WITHOUT WITNESSES AND WITHOUT NOTARY CITY! CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 20_ LEGALITY this day of UNDER AGENDA ITEM NO. , 20 FOLEY & LARDNER LLP By: City Attorney 006.237063.1 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 fire 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. 9AD210-9/9/2004 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 play a 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. 9AD210-9/9/2004 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 site administrator is informed, in advance. 9AD210-9/9/2004