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HomeMy WebLinkAbout2020-03-23-J13 School SRO 28E AmendmentCITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 23, 2020 AGENDA ITEM:Consideration of approval of a resolution approving 28E Agreement between the Waukee Community School District and the City of Waukee, Iowa, for the School Resource Officer Program FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The WCSD and the City of Waukee would like to enter into a 28E agreement regarding the continuation of the SRO Program. Both parties wish to continue the SRO Program where the schools, school staff and students may receive appropriate instructional and educational services in a safe, orderly and peaceful environment. The SRO program presents a cooperative approach toward addressing that goal. The new 28E Agreement requires the expansion of the current number of officers assigned to the SRO Program from 2 officers and a Sergeant assigned to the schools to 3 officers and a Sergeant assigned to the program, an increase of one officer to accommodate the opening of the new High School. Further, there is a change in the Article V, Financing of the School resource officer program, where the City is now responsible for 25% of the cost of SRO`s assigned to the program and the remaining 75% shall be paid by the District. This Is a change from the previous SRO 28E Agreement where the City was responsible for 51% of the officers cost assigned to the program and the WCSD was responsible for 49%. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Police Chief Quinn recommends approval of the amended agreement. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. 28E Agreement PREPARED BY:Police Chief John Quinn REVIEWED BY: AGENDA ITEM: J13 PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING 28E AGREEMENT BETWEEN THE WAUKEE COMMUNITY SCHOOL DISTRICT AND THE CITY OF WAUKEE, IOWA, FOR THE SCHOOL RESOURCE OFFICER PROGRAM IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the City of Waukee and Waukee Community School District share a mutual goal to maintain an atmosphere in the Waukee public schools where school staff and students may receive appropriate instructional and educational services in a safe, orderly and peaceful environment; AND, WHEREAS, the School Resource Program (hereinafter the “SRO Program”) presents a cooperative approach toward addressing that goal; AND, WHEREAS, an Agreement for the SRP Program is recommended between the two public agencies for joint and cooperative action pursuant to the provisions of Iowa Code Chapter 28E; AND, WHEREAS, legal counsel for both entities have reviewed the proposed 28E agreement and find it satisfactory; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of Waukee hereby approves the 28E Agreement between the Waukee Community School District and the City of Waukee, Iowa, for the School Resource Officer Program. Passed by the City Council of the City of Waukee, Iowa, and approved the 23rd day of March, 2020. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 28E AGREEMENT BETWEEN THE WAUKEE COMMUNITY SCHOOL DISTRICT AND THE CITY OF WAUKEE, IOWA FOR THE SCHOOL RESOURCE OFFICER PROGRAM THIS AGREEMENT, made and entered into this ____ day of _____________, 2020, by and between the WAUKEE COMMUNITY SCHOOL DISTRICT, an Iowa school corporation organized and existing under the provisions of Iowa Code Chapter 274, (hereinafter referred to as “District”), and the CITY OF WAUKEE, IOWA, an Iowa municipal corporation organized and existing under the provisions of Iowa Code Chapter 364 (hereinafter referred to as “City”). WHEREAS, the parties share a mutual goal to maintain an atmosphere in the Waukee public schools where school staff and students may receive appropriate instructional and educational services in a safe, orderly and peaceful environment. The School Resource Program (hereinafter the “SRO Program”) presents a cooperative approach toward addressing that goal; and WHEREAS, the parties wish to continue the SRO Program, which has established a positive working relationship between the schools and police department; and WHEREAS, this Agreement is entered into between two (2) public agencies for joint and cooperative action pursuant to the provisions of Iowa Code Chapter 28E; and WHEREAS, in accordance with Iowa Code Chapter 28E, after execution of this Agreement by the District and the City, it shall be electronically filed in the office of the Secretary of State. NOW, THEREFORE, the parties hereby agree as follows: ARTICLE I SCHOOL RESOURCE OFFICER 1.1 School Resource Officer. The City shall provide four (4) School Resource Officers (hereinafter “SROs”) to provide guidance and support in assisting school administrators, staff, students, and parents with emergency and non-emergency related matters. In the event of the District opening additional secondary-level school buildings, this terms of this agreement (assignment) will be reopened for discussion. 1.2 Selection. The SROs shall be sworn law enforcement officers under the authority and in the employ of the City. The City Chief of Police shall select the police officers for assignment as SROs in consultation with and subject to the approval of the District Chief Operations Officer. 1.3 Supervision. The Waukee Police Department shall assign one (1) full-time employee to supervise the SROs. In addition to providing training and direction for the SROs, the SROs’ supervisor will serve as a liaison between the Waukee Police Department and the Superintendents in order to resolve matters of mutual concern. The Waukee Police Department will provide a properly marked police motor vehicle assigned to the SROs for their duties. 1.4 Assignment. The SROs will be assigned to the District for use in the following schools: Waukee High School---fulltime Waukee Northwest High School ---fulltime Waukee Prairieview School---rotating Waukee Middle School----rotating Waukee Timberline School---rotating Waukee South Middle School---rotating 1.5 Hours. The SROs shall be assigned to the High Schools on a full-time basis during those hours that the school is in regular session. Two SROs will rotate between the ‘rotating’ assignments throughout the day when those schools are in regular session. The SROs shall be in the vicinity of the schools where by 0800 hours each school day, and remain accessible over lunch periods, working where identified problems dictate, and remaining accessible to campus areas until off duty at 1600 hours. However, the SROs shall have discretion to flex these starting and ending times, upon written notice to the District, as reasonably possible, to maintain a 40-hour work week, consistent with the City’s budget and scheduling procedures and the Fair Labor Standards Act. During their daily tour of duty, the SROs may be off campus performing such tasks as may be required by their assignments. Regular working hours may be adjusted on a situational basis with the approval of the SROs’ supervisor. These adjustments may be to attend school-related events requiring the presence of a law enforcement officer. Such adjustments will be accordance with the Fair Labor Standards Act and the City’s collective bargaining agreement. The SROs may be temporarily reassigned by the police department during school holidays and vacation and/or during times of police emergency. 1.6 Vacation. With the approval of the Waukee Police Department Sgt. in-charge of the SROs Unit, the SROs will be allowed to request and utilize their annual leave throughout the year. SROs will be encouraged to take vacation time during school vacations or holiday breaks. However, in the event an SRO takes vacation time during those hours that the school is in regular session, the Waukee Police Department will provide a temporary SRO to perform the duties of the vacationing SRO during their absence. 1.7 Training. The District shall reimburse the City the reasonable costs of additional formal training expenses for the SROs as needed for the assigned SROs to fulfill any requirements of certification as a school resource officer. The reimbursement for expenses shall include, but not be limited to, registration, tuition, lodging and meals. Itemized invoices for these expenses will be provided to the District by the City and the District will reimburse the City within 30 days of submission of the invoice to the District. ARTICLE II DUTIES AND RESPONSIBILITIES OF THE SCHOOL RESOURCE OFFICER 2.1 Duties. The SROs shall have the following duties and responsibilities: (a)Coordinate directly with the District Chief Operations Officer, or his/her designee. (b)Be present at a school assignment during times when the student activity level is high, such as the beginning and end of the school day and during the lunch period. (c)Be familiar with the police case information pertaining to schools, students, and the neighborhood surrounding the campus. (d)Facilitate and assist with police investigations involving victims, witnesses and suspects associated with the school. (e)Act as an instructor for specialized law enforcement or public safety related short-term programs when invited to do so by the principal or District Chief Operations Officer. The SROs will give the principal and District Chief Operations Officer a description of the curriculum prior to the program to ensure the course stays within District guidelines and to provide improvement of the course. (f)Develop expertise in presenting various subjects, which shall include a basis understanding of law, the role of law enforcement officers, and the law enforcement mission. (g)Encourage individual and small group discussions about law enforcement related matters with students, faculty and parents. (h)Whenever possible and within budgetary constraints, attend meetings of the District’s parent and faculty groups to solicit their support and understanding of the SRO program and to promote awareness of law enforcement functions. The SROs will attend meetings of the District’s Board of Directors when requested to do so. (i)In conjunction with the principal, counselors, risk case manager and deans of the school building, confer when appropriate to develop plans and strategies to provide for counseling of at risk students and those students who present a problem. (j)Coordinate outside law enforcement educational programs, if requested by District faculty or staff. (k)Assist the principal in developing plans and strategies to prevent and/or minimize dangerous situations that may occur on campus or during school sponsored events. (l)Take law enforcement action as necessary and advisable under the circumstances in any situation occurring at the SROs’ schools. As soon as practical, if not prohibited by confidentiality provisions of state law, the SROs shall make the principal or the school aware of such action. At the request of the principal, or his/her designee, the SROs shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school and school-related functions, to the extent the SROs may do so under the authority of law. Whenever practical, the SROs should advise the principal before requesting additional police assistance on campus. (m)Be available for conferences with students, parents and faculty members in order to assist them with problems of law enforcement or in matters of crime prevention. Disclosure of information obtained during SRO activities shall be in accordance with federal, state and local laws. (n)When necessary, the SROs shall give assistance to other police officers in matters regarding his/her school assignment. (o)By mutual agreement between the District Chief Operations Officer and the SROs’ supervisor, the SROs will, in accordance with established overtime procedures, as limited by the overtime budget, participate in and/or attend school functions. (p)Become familiar with community agencies that offer assistance to youth and their families such as mental health clinics, drug treatment centers and protective shelters. However, the SROs will make no referrals to such agencies without previous consultation with the school administration. (q)Perform other duties as mutually agreed upon by the District Chief Operations Officer and the SROs’ Supervisor so long as the performance of such duties are reasonably related to the SRO Program as described in this Agreement and so long as such duties are consistent with the Waukee Police Department rules and regulations. The SROs shall not act as a school disciplinarian. However, if the principal believes an incident is a violation of the law, the principal may contact the designated school SRO and the SRO shall then determine whether law enforcement action is appropriate. The SROs are not to be used for lunchroom duties, hall monitors, bus duties or other monitoring duties. If there is a problem in one of these areas, the SROs may assist the school until the problem is resolved. 2.2 Uniform. The SRO, unless otherwise directed, shall wear the official police uniform at all times while on duty as an SRO. Exceptions may be granted depending on the type of assignment or activity, as directed by the Waukee Police Chief. The SRO shall carry a regulation firearm in accordance with the Waukee Police Department guidelines. 2.3 Conduct. The SRO shall not utilize their position for personal advancement or preference and shall conduct themselves in such a manner to bring credit to the Waukee Police Department and District. The SROs will adhere to school board policy, Waukee Police Department policy, and all laws and other legal requirements while conducting SRO duties. If in conflict, Waukee Police Department policies shall supersede school board policy while conducting SRO or police activities. ARTICLE III RIGHTS AND DUTIES OF DISTRICT 3.1 Materials and Facilities. The District shall provide the SROs with the following materials and facilities, which are deemed necessary to the performance of the SROs’ duties: (a)Access to a properly lighted reasonably secure private office, equipped with a telephone to be used for general business purposes. (b)A location for files and records that can be properly locked and secured. (c)A desk with drawers, a chair, worktable, filing cabinet and office supplies. (d)Access to a computer. 3.2 Access to Information. The District shall designate the SROs as “school officials” under the Family Educational Rights and Privacy Act (FERPA) and, as such, may provide the SROs with access to student information systems, to include access to information relating to all students enrolled in the District, for the purpose of minimizing juvenile delinquency and truancy and maintaining student safety. Any information obtained by the SROs through such access shall be subject to the confidentiality provisions of state and federal law, including limitations on redisclosure. However, the District shall provide information to the SROs concerning the obligations and responsibilities of the SROs under the Family Educational Rights and Privacy Act (FERPA). The District shall also provide the SROs with District policies and protocols pertaining to the Family Educational Rights and Privacy Act (FERPA) and responsibilities of “school officials”. ARTICLE IV REMOVAL AND REPLACEMENT OF SCHOOL RESOURCE OFFICER 4.1 Removal. In the event the principal of the school to which a SRO is assigned can establish that the SRO is not effectively performing his/her duties and responsibilities, the principal shall notify the SRO’s supervisor in writing, detailing such deficiencies, and arrange for an in-person meeting with the SRO’s supervisor and the Lieutenant in charge within three (3) business days of the notice. If the situation is not resolved within 7 days of this meeting, the principal may recommend to the District’s Chief Operations Officer that the SRO be removed from the SRO program at his/her school and shall state the reasons therefor in writing. Within a reasonable time after receiving the recommendation from the principal, the District’s Chief Operations Officer, or designee, shall advise the Superintendent of the principal’s request. The Chief Operations Officer and Superintendent shall meet with the SRO’s supervisor and the Lt. in charge of the SRO program for the City, to identify, mediate and resolve any problems that may exist. The City and the SRO shall have thirty (30) days to cure any such deficiencies. If the deficiencies are not resolved within this timeframe, then the SRO shall be removed from the SRO program at the school and a replacement shall be selected pursuant to Section 1.2 of this Agreement. 4.2 Replacement. The Waukee Chief of Police may reassign and/or replace one or more of the SROs based upon Departmental policies and needs with advance notice to the District. 4.3 Vacancy. In the event of a vacancy in a position of SRO, or in the case of long-term absence by one of the SROs, the SRO’s supervisor will consult with the principal of the school and the Chief Operations Officer to fill the vacancy pursuant to Section 1.2 of this Agreement. ARTICLE V FINANCING OF THE SCHOOL RESOURCE OFFICER PROGRAM 5.1 Financing. The City and the District have agreed to the budget for the budget year commencing July 1, 2020 which is set forth in Exhibit A. For subsequent budget years, the City will prepare the budget for the SRO Program (including, inter alia, costs for the SROs’ salary, benefits and necessary equipment, including responsibility for the maintenance of police vehicles) in a form substantially similar to Exhibit A on a yearly basis and provide a copy of the proposed budget to the District on or before February 15th of the year preceding the budget year. The City shall be responsible for twenty-five percent (25%) of the cost of the SROs Program and the remaining seventy-five percent (75%) shall be paid by the District. The City shall bill the District annually at the end of each school year for its percentage of the actual costs of the SRO Program. The District shall remit payment for such invoices within thirty (30) days of receipt of the invoice. 5.2 Overtime. If SROs are required to work overtime by the District, the District shall be responsible for compensating the City at a rate of $60 per hour. The SROs shall submit their Waukee Police Department City timesheet with the overtime worked for the District during the timesheet pay period. The SROs will be paid by the City for overtime worked for the District’s schools. The City shall then invoice the District for reimbursement for overtime worked by the SROs on a monthly basis. The District will remit payment to the City for the overtime costs within 30 days of receipt of each invoice. ARTICLE VI TERM AND TERMINATION 6.1 Term. The initial term of this Agreement shall commence July 1, 2020 and continue for a period of three (3) years. The Agreement shall renew automatically from year to year, unless the cancelling party provides sixty (60) days’ notice prior to the expiration of the initial term or extension. In the event WCSD begins construction of a new secondary (grades 6-12) level school, the City and WCSD agree to discuss the number of SRO’s and additional building assignments, in advance of the newly constructed building opening. 6.2 Termination. This Agreement may be terminated for any reason by either party upon a thirty (30) day written notification to the other party. The City shall be entitled to compensation for all services performed up to the date of termination. Upon termination of this Agreement, the District shall retain desks, chairs, tables, filing cabinets, and all other District property. The City shall retain vehicles, radios, cell phones, computers, cameras, and all other City property. ARTICLE VII MISCELLANEOUS 7.1 Employment Status of SROs. The SROs shall at all times be an employee of the City, and all assignment of duties, discipline and performance shall remain the responsibility of the City. The City shall be responsible for the payment of salary wages and any other compensation or benefits to the SROs unless otherwise expressly agreed upon by the parties in this Agreement. The District and the City acknowledge that the SROs will remain responsive to the chain of command of the Waukee Police Department. 7.2 Amendments. This Agreement may be modified only by written agreement of the parties. 7.3 Entire Agreement. This Agreement is the entire Agreement between the parties regarding the subject matter hereof. 7.4 Enforcement. This Agreement may only be enforced by the parties hereto or their successors or assigns and no third party shall have standing to enforce the terms of this Agreement. There are no third- party beneficiaries to this Agreement including but not limited to SRO personnel, students, faculty and/or staff of either party hereto. 7.5 Governing Law. This Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Iowa. 7.6 Liability and Indemnification. The City, its officers and employees, shall not be deemed to have assumed any liability for negligent or intentional acts of the District or its officers, employees or agents. The District shall indemnify, defend and hold the City, its employees and agents harmless from and against any and all liability, loss, damages, expenses, court costs and attorneys’ fees in connection with, arising out of or directly or indirectly related to any claim of loss or damage to property or of death or injury to persons, resulting from the negligent or intentional acts of the District. The District, its officers and employees, shall not be deemed to have assumed any liability for negligent or intentional acts of the City or its officers, employees or agents. City shall indemnify, defend, and hold the District, its employees and agents harmless from and against any and all liability, loss, damages, expenses, court costs and attorneys’ fees in connection with, arising out of or directly or indirectly related to any claim of loss or damage to property or of death or injury to persons, resulting from the negligent or intentional acts of the City. 7.7 No Separate Entity/Administrator. It is understood that this Agreement is between two (2) public agencies and that a separate legal or administrative entity is not created under this Agreement. The Chief of Police of the Waukee Police Department and the Superintendent of the District shall be the Joint Administrators of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. WAUKEE COMMUNITY SCHOOL DISTRICT CITY OF WAUKEE ________________________ ________________________ By: Wendy Liskey By: Courtney Clarke Its: Board President Its: Mayor Date: ____________________ Date: ____________________ ATTEST ATTEST ________________________ ________________________ By: Sharon Link By: Becky Shuett Its: Board Secretary Its: City Clerk Date: ____________________ Date: ____________________ EXHIBIT A City of Waukee School Resource Officers Compensation FY 2020-21 Patrol Officer Costs: Wages - Year (Middle Step) $60,403 FICA (6.2%) $3,745 Medicare (1.45%) $876 IPERS (9.91%) $5,986 Health Insurance $21,657 Life Insurance $100 Long Term Disability $110 Workers Compensation $1,200 Unemployment Taxes $0 $94,077 Number of Patrol Officers 3 Total Patrol Officers Cost $282,231 Sergeant Costs: Wages - Year (Middle Step) $76,419 FICA (6.2%) $4,738 Medicare (1.45%) $1,108 IPERS (9.91%) $7,573 Health Insurance $21,657 Life Insurance $100 Long Term Disability $130 Workers Compensation $1,200 Unemployment Taxes $0 $112,925 Total Sergeant Cost $112,925 Total Cost of all Officers $395,156 Waukee School District Percent Share 75% Total FY2020-21 Officer Reimbursement $296,367 SRO Costs Continued: Annual Equipment Costs: Pants $ 212 Polo Shirts (2) $ 150 Long Sleve Shirts (2) $ 62 Uniform Shirts $ 300 Shoes $ 100 Shorts $ 30 Boots $ 139 Tactical Pants $ 75 Vest (1/5 of $675) $ 135 Handgun Equipment (1/5 of $974) $ 195 Handheld Radio (1/5 of $4,100) $ 820 Body Cam (1/5 of 1,000) $ 200 SRO Tablet (1/4 of $2800) $ 700 Annual Conference and Memberships $ 340 One-time Basic Training (1/5 of 500) $ 100 Total Equipment Reimbursement $ 3,118 Number of Officers 4 Total Annual Equipment Cost $ 12,472 Waukee School District Percent Share 75% $ 9,354 Total SRO Costs Reimbursment for FY2020-21 $ 305,721