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HomeMy Public PortalAboutORD15682 BILL NO. 2017-25 SPONSORED BY COUNCILMAN Graham ORDINANCE NO. /SZ g AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH JEFFERSON CITY PUBLIC SCHOOLS FOR SCHOOL RESOURCE OFFICERS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a contract with Jefferson City Public Schools. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: 1 3( 17 Approved: C}A.4 3, ,O/ I OAAAA41- aam.,„ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: ity Clerk City Cou - • 0aJ/5~6>$Z JEFFERSON CITY POLICE DEPARTMENT SCHOOL RESOURCE OFFICER AGREEMENT *n /This agreement is entered into on this J_day of yjs{4 4l1 ,2017 between the Jefferson City School District ("Jefferson City Public School District")and the City of Jefferson City,Missouri,a municipal corporation,by and through its Police Department ("Jefferson City Police Department"). WHEREAS,the JEFFERSON CITY POLICE DEPARTMENT agrees to provide a School Resources Officer program for the JEFFERSON CITY PUBLIC SCHOOL DISTRICT, and; WHEREAS,the JEFFERSON CITY PUBLIC SCHOOL DISTRICT and the JEFFERSON CITY POLICE DEPARTMENT desire to set forth in this Agreement the specific terms and conditions of the services to be performed and provided by the school resource officers assigned to said program in the Jefferson City Public School System. NOW,THEREFORE,the Parties in consideration of the foregoing recitals and the mutual covenants and promises contained herein,hereby agree as follows: 1.Goals and Objectives.It is understood and agreed that the JEFFERSON CITY PUBLIC SCHOOL DISTRICT and the JEFFERSON CITY POLICE DEPARTMENT officials share the following goals and objectives with regard to the School Resource Officer (SRO)Program inthe schools: A. To foster educational programs and activities that will increase students' knowledge of and respect for the law and the function of law enforcement agencies; B.To encourage SROs to attend extra-curricular activities held at schools,when possible,especially those activities with significant crowds; C.To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school,such as:disorderly conduct by trespassers,the possession and use of weapons on campus,the illegal sale and/or distribution of controlled substances and riots; D. To report crimes that occuron campus andto cooperate with law enforcement officials in their investigation of crimes that occur at school; E. To cooperate withotherlaw enforcement entitiesintheir investigations of criminal offenses which occur off campus; and F. To build relationships with students, families and staff which enhance communication and the partnership between the Jefferson City Police Department, school and community. Page 1 of 5 W 2. Employment and Assignment of School Resource Officers. A. The JEFFERSON CITY POLICE DEPARTMENT (with the financial assistance of the JEFFERSON CITY PUBLIC SCHOOL DISTRICT) agrees to employ School Resource Officers (SROs) during the regular school session and the summer months as outlined in this agreement. The SROs shall be employees of the JEFFERSON CITY POLICE DEPARTMENT and shall be subject to the administration, supervision and control of the JEFFERSON CITY POLICE DEPARTMENT and the Jefferson City Public Schools Director of Security, except as such administration, supervision and control are subject to the terms and conditions of this Agreement. B. The JEFFERSON CITY POLICE DEPARTMENT (with financial assistance from the JEFFERSON CITY PUBLIC SCHOOL DISTRICT) agrees to provide and to pay the SROs' salary and employment benefits in accordance with the applicable salary schedule and employment practices of the City of Jefferson City. C. The JEFFERSON CITY POLICE DEPARTMENT, in its sole discretion, shall have the power and authority to hire, discharge and discipline SROs. However, the JEFFERSON CITY PUBLIC SCHOOL DISTRICT will be actively involved in interviews and decisions on the placement of SROs in the JEFFERSON CITY PUBLIC SCHOOL DISTRICT, with a collaborative decision resting with the Jefferson City Police Department. To the extent allowed by law, the JEFFERSON CITY POLICE DEPARTMENT shall hold the JEFFERSON CITY PUBLIC SCHOOL DISTRICT free, harmless and indemnified from and against any and all claims, suits or causes of action arising out of allegations of unfair or unlawful employment practices brought by SROs. Nothing contained herein shall be deemed a waiver of either party's defenses and immunities available under law or require the JEFFERSON CITY POLIC DEPARTMENT to hold the JEFFERSON CITY PUBLIC SCHOOL DISTRICT harmless from the DISTRICT'S own negligence or intentional acts. D. The SROs shall be assigned by the JEFFERSON CITY POLICE DEPARTMENT and the JEFFERSON CITY PUBLIC SCHOOL DISTRICT as follows: i. Two (2) SRO's assigned to Jefferson City High School ii. One (1) SRO assigned to Jefferson City Academic Center iii. One (1) SRO assigned to Simonsen Ninth Grade Center iv. One (1) SRO assigned to Lewis and Clark Middle School V. One (1) SRO assigned to Thomas Jefferson Middle School vi. One (1) SRO assigned to Jefferson City elementary schools Page 2 of 5 E. In the event an SRO is absent from work, for reasons due to illness or personal matters, the SRO shall notify both his/her supervisor in the JEFFERSON CITY POLICE DEPARTMENT and the principal of the school to which the SRO is assigned. For pre -arranged absences, e.g. training or other CPD assigned duties, the JEFFERSON CITY POLICE DEPARTMENT will make every effort to provide a substitute officer for the SRO and/or to schedule absences on days when school is not in session. F. The JEFFERSON CITY PUBLIC SCHOOL DISTRICT will provide office space and office supplies for each SRO. 3. Duties of SRVs. A. To protect lives and property for the citizens and public school students of the City; B. To enforce federal, state and local criminal laws and ordinances, C. To assist school officials with the enforcement of Board of Education Policies and administrative regulations regarding student conduct; however physical confrontations will be avoided unless a law violation has committed. D. To investigate criminal activity committed on or adjacent to school property; E. To counsel public school students in special situations, such as students suspected of engaging in criminal misconduct, when requested by the principal or the principal's designee or by the parents of a student; F. To assist other law enforcement officers with outside investigations concerning students attending the school(s) to which the SRO is assigned; G. To provide small -group and whole -class education, at the request of the school, on topics of importance to adolescents (i.e. school safety, substance abuse and/or gang activities). 4. Chain of Command. As employees of the JEFFERSON CITY POLICE DEPARTMENT, SROs shall follow the chain of command as set forward in the JEFFERSON CITY POLICE DEPARTMENT Policies and Procedure Manual. In the performance of their duties SROs shall coordinate and communicate with the principal or the principal's designee of the school to which they are assigned. 5. Training. Training sessions will be conducted to provide SROs with appropriate in- service training such as up -dates in the law, in-service firearm training, and other required department training. The JEFFERSON CITY PUBLIC SCHOOL Page 3 of 5 DISTRICT will also provide training in Board of Education policies, regulations and procedures. b. Dress Code. SROs shall be provided by JEFFERSON CITY POLICE DEPARTMENT approved uniform which they are required to wear. 7. Access to Educational Records. A. School officials shall allow SROs to inspect and copy any public records maintained by the school, including directory information such as yearbooks. B. If some information in a student's cumulative record is needed in an emergency to protect the health or safety of the student or other individuals, school officials may disclose to the SRO that information which is needed to respond to the emergency situation based on the seriousness of the threat to someone's health or safety. C. If confidential student records information is needed, but no emergency situation exists, the information may be released only upon the issuance of a search warrant or subpoena to produce the records. 8. Payment of Salaries of SRO's. A. The JEFFERSON CITY POLICE DEPARTMENT will furnish one hundred percent (100%) of the salary of the SRO assigned to Jefferson City Academic Center. B. The JEFFERSON CITY POLICE DEPARTMENT and the JEFFERSON CITY PUBLIC SCHOOL DISTRICT shall each pay fifty percent (50%) of the salary of the other SRO's assigned to the school district. 9. Term of Agreement. This Agreement is in effect from July 1, 2017 through June 30, 2018. This Agreement shall automatically renew annually unless one or both of the parties notifies the other in writing of their desire to terminate this agreement no less than thirty (30) days before June 30 of that year. Both parties can agree to modify this agreement during that time. 10. Applicable Law. The Laws of the State of Missouri shall govern the validity, performance, and enforcement of this agreement. 11. Entire Agreement. This Agreement supersedes all previous contracts and agreements and constitutes the entire agreement between the parties. No oral statements or prior written material not specifically incorporated herein shall be recognized unless incorporated herein by amendment, such amendment(s) to become effective on the date stipulated herein. Page 4 of 5 12. Notifications. The addresses of the parties for notification purposes shall be: Jefferson City Police Department 401 Monroe Street Jefferson City, MO 65101 Jefferson City Public School District 315 East Dunklin Street Jefferson City, Missouri 65101 IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals as of the date above first written. CITY OF JEFFERSON, MISSOURI Mayor ATTEST: i 101 City ounselor JEFFERSON CITY PUBLIC SCHOOL DISTRICT N 1� Superintend nt School Board President Page 5 of 5