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HomeMy WebLinkAbout1999-10-19-Resolutions 99-128_SRO Hiring - 28E Agr - School DistrictCITY OFWaukee.II.THE KEY TO GOOD LIVING RESOLUTION NO.99-128 ] RESOLUTION APPROVING 28E AGREEMENT BETWEEN THE WAUKEE SCHOOL DISTRICT AND CITY OF WAUKEE ON fiRING OF SCHOOL RESOURCE OFFICER WHEREAS,the City Council of the City of Waukee believe it is in the interest of the children of our community to have a school resource officer available to them;and WHEREAS,the City Council believes it is in the interest of the citizens of Waukee and the students of the Waukee School District to jointly support said resource officer. NOW THEREFORE,BE IT RESOLVED that the City Council of the City of Waukee does hereby approve the agreement attached hereto;and order the execution and fi ling of said contract.] 28E AGREEMENT BETWEEN THE WAUKEE COMMUNITY SCHOOL DISTRICT AND THE CITY OF WAUKEE,IOWA FOR SCHOOL RESOURCE OFFICER PROGRAM THIS AGREEMENT made and entered into this 12th day of October,1999,by and between the WAUKEE COMMUNITY SCHOOL DISTRICT (hereinafter referred to as "District"),and the CITY OF WAUKEE,row A (hereinafter referred to as "City"). This Agreement is entered into pursuant to the provisions of Chapter 28E,Code of Iowa (1999). After execution of this Agreement by the District and the City,it shall be filed in the office of the Secretary of State and the office of the Recorder of Dallas County,Iowa. This Agreement shall be effective when executed and recorded as set forth above and shall continue for an initial period of three years.This Agreement will renew automatically from year to year after the initial three-year period unless terminated or modified as herein provided.I 1 It is understood that this Agreement is between two public agencies and that a separate legal or administrative entity will not be created under this agreement.The Waukee Chief of Police shall be the administrator of this Agreement. ARTICLE I General The parties share a mutual concem to maintain an atmosphere in the Waukee Public Schools where school staff and students feel free from intimidation.A School Resource Officer Program would present a cooperative approach toward addressing that concem. School Resource Officer programs are recognized nationally as programs that effectively establish positive working relationships between the schools and the police department. The School Resource Officer (SRO)will assist school administrators by taking immediate action when police intervention is warranted.Additionally,the SRO will provide guidance and support in assisting school staff,students and parents with a variety of non-emergency police-related matters. Selection 1.SRO will be a Waukee police officer. 2.The Chief of Police of the Waukee Police Department shall select the police officer for assignment as SRO in consultation with and subject to the approval of the Curriculum Director for District or his/her designee. Supervision 1.The Waukee Police Department shall assign one full-time employee to supervise the officer assigned to the School Resource Officer program. 2.In addition to providing training and direction of the SRO,the SRO supervisor will serve as a liaison between the police department and the District administrators in order to resolve matters of mutual concem. 3.The SRO supervisor,in consultation with the assistant superintendent and the school principals,will complete performance evaluations for each SRO during May of each year. 4.The Waukee Police Department will provide private,securable office space including telephone service,a desk,an office chair,and filing cabinets and a properly marked police motor vehicle assigned full-time to the SRO for his/her duties. 2 Assignment 1.SRO will be assigned to schools cooperatively by the District and the Police Department.A total of one (1)SRO will be assigned to the District for use in the following schools: Waukee High School Waukee Middle School Eason Elementary School Waukee Elementary School 2.The SRO shall be assigned to a school on a full-time basis during those hours that the school is in regular session.The SRO shall be on campus from 'h hour prior to the start of class until 'h hour after classes are dismissed but has the discretion to flex these starting and ending times to maintain a 40-hour work week.During their daily tour of duty,the SRO may be off campus performing such tasks as may be required by their assignments. 3.Regular working hours may be adjusted on a situational basis with the approval of the SRO supervisor.These adjustments may be to attend school-related events requiring the presence of a law enforcement officer.Such adjustments will be in accordance with the Fair Labor Standards Act and the Police Bargaining Unit's contract with the City. 4.The SRO may be temporarily reassigned by the police department during school holidays and vacation and/or during times of police emergency. 5.Vacation time in excess of five days must be taken during school vacations or holiday breaks.Vacation time or compensatory time not in excess of five days may be taken during the school year with the approval of the SRO supervisor. 6.The SRO shall act as truancy officer for the District. ARTICLE II Duties and Responsibilities of School Resource Officer 1.The SRO will coordinate directly with the Director of Curriculum. 2.The SRO should be present at the school during times of high activity such as the beginning and end of the school day and during the lunch period. 3.The SRO should be familiar with the police case information pertaining to schools,students and the neighborhood surrounding the campus.I 3 4.The SRO should facilitate and assist with police investigations involving victims,witnesses and suspects associated with the school. 5.The SRO shall act as an instructor for specialized law enforcement or public safety related short-term programs when invited to do so by the principal or Director of Curriculum.The SRO will give the principal and Director of Curriculum a description of the curriculum prior to the program to ensure the course stays within District guidelines and to provide improvement of the course. 6.The SRO shall teach D.A.R.E.(Drug Abuse Resistance Education)curriculum in grades 5,7 and 10 and in other grades as deemed appropriate by the school principal, 7.The SRO will develop expertise in presenting various subjects. 8.The SRO will encourage individual and small group discussions about law enforcement related matters with students,faculty and parents. 9.Whenever possible and within budgetary constraints,the SRO will 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 SRO will attend meetings of the District's Board of Director when requested to do so. 10.The SRO shall utilize his/her position for personal advancement or preference and shall conduct himself/herself in such a manner to bring credit to the Waukee Police Deparhnent and District, 11.The SRO,principal,counselors and deans of the school building shall confer when appropriate to develop plans and strategies to provide for counseling of at risk students and those students who present a problem. 12.Each SRO shall follow the Waukee Police Department's forty (40)hour work week,consistent with the budget and scheduling procedures and the Fair Labor Standard's Act. 13.Requests by faculty or staff for outside law enforcement educational programs will be coordinated by the SRO. 14.The SRO shall assist the principal in developing plans and strategies to prevent and/or minimize dangerous situations,which may occur on campus or during school sponsored events. 15.The SRO will adhere to School Board policy,police policy and legal requirements while conducting formal police activities with students.Waukee 4 16. Police Department policies shall supercede school board policy while conducting police activities.ITheSROshalltakelawenforcementactionasrequired.As soon as practicable,the SRO shall make the principal or the school aware of such action.At the principals'request,the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school and school-related functions,to the extent that the SRO may do so under the authority of law.Whenever practicable,the SRO should advise the principal before requesting additional police assistance on campus. 17.The SRO will 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. 18.When necessary,the SRO shall give assistance to other police officers in matters regarding his/her school assignment.However,the SRO will not be available to conduct investigations extraneous to his/her assigned SRO responsibilities or those school activities when the SRO's presence is needed for the sake of convenience or expediency without prior approval from his/her supervisor. 19.By mutual agreement between the principals and the SRO supervisor,the SRO will,in accordance with established overtime procedures,as limited by the overtime budget,participate in and/or attend school functions. 1 20.The SRO will 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 SRO will make no referrals to such agencies without previous consultation with the school administration. 21.The SRO shall not act as a school disciplinarian.However,if the principal believes and incident is a violation of the law,the principal may contact the SRO and the SRO shall then determine whether law enforcement action is appropriate.School Resource Officers 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 SRO may assist the school until the problem is solved. 22.The SRO's will work in business,casual business or uniform attire when on duty as prescribed by the Chief of Police.Exceptions would be during special events or circumstances at which time the SRO may be expected to be in uniform.The SRO shall carry a regulation sidearm in accordance with Department Guidelines.I 5 23.The SRO shall perform other duties as mutually agreed upon by the Director of Curriculum and the SRO supervisors so long as the performance of such duties is 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. ARTICLE III Rights and Duties of the District The District shall provide to the full-time SRO the following materials and facilities which are deemed necessary to the performance of the SRO's duties: 1.Access to properly lighted private office equipped with a telephone to be used for general business purposes. 2.A location for files and records,which can be properly locked and secured. 3.A desk with drawers,a chair,work table,filing cabinet and office supplies. 4.Access to a computer and/or secretarial assistance. ARTICLE IV Employment Status of School Resource Officer The School Resource Officer shall remain an employee of the Waukee Police Department and shall not be an employee of the District.The District and the Police acknowledge that the School Resource Officer shall remain responsive to the chain of command of the Waukee Police Department. ARTICLE V Replacement of School Resource Officer I.In the event the principal of the school to which the SRO is assigned can establish that the SRO is not effectively performing his/her duties and responsibilities,the principal shall consult with the SRO and the SRO supervisor.If the situation is not resolved,the principal shall recommend to the District's Curriculum Director that the SRO be removed from the program at his/her school and shall state the reasons therefore in writing.Within a reasonable time after receiving the recommendation from the principal,the Cuniculum Director or designee shall advise the Administrator of the principal's request.If the Administrator so desires,the Curriculum Director and Administrator,or their designees,shall meet with the SRO to mediate or resolve any problems,which may exist.At such meeting,the SRO 6 supervisors and/or specified members of the staff of the school to which the SRO is assigned,may be require to be present.If,within a reasonable amount of time after commencement of such mediation,the problem cannot be resolved or mediated,or in the event mediation is not sought by the Police Department,then the SRO shall be removed from the progralll at the school and a replacement shall be obtained. I 2.The Waukee Chief of Police may reassign a SRO based upon Departmental policies. 3.In the event of a vacancy in the position of SRO,or in the case oflong-term absence by a SRO,the SRO supervisor will consult with the principal of the school and the Curriculum Director to jointly resolve the vacancy situation. ARTICLE VI Financing of the School Resonrce Officer Program The City will prepare the budget for the program a n 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 proposed budget will be supplied to the District in a timely fashion. This will allow the School Board ample time for review and questions.The City will generally pay 87.5%of the cost of the program with the remaining 12.5%provided by the District.The City will bill the District twice yearly at the end of each semester for the actual costs of the program not to exceed the agreed amount budgeted. ) ARTICLE VII Termination of Agreement The Agreement may be terminated for any reason by either party upon a thirty (30)day written notification to the other party.Upon termination of this Agreement the District will retain desks,chairs,tables,filing cabinets,and all other District property.City will retain vehicles,radios,cell phones,computers,cameras,and all other City property. ARTICLE VIII Amendments This Agreement may only be modified by written mutual agreement to amend. WAUKEECO~TYSCHOOL DISTRICT CITY OF WAUKEE,IOWA By:_By:_I 7 Randy Allman,Board President Attest: By:_ Kathy Niblo,Board Secretary ________,Mayor Attest: By:_ ________,City Clerk PASSEDANDAI'I'ROVED"i.19'"d~~ ~onald L Bailey,J,.,M"~. Mark J.Arentsen C ty Administrator/Clerk ROLL CALL VOTE AYES Nicholas C.Gruber Marvin Berger Robyn S.Heath Bill Peard Larry Lyon x X X X X NAYS 8