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MEMORANDUM OF UNDERSTANING
BETWEEN
THE MCCALL-DONNELLY SCHOOL DISTRICT
and
THE MCCALL POLICE DEPARTMENT
THIS AGREEMENT, made and entered into this ____________ day of ___________,
2003, by and between THE MCCALL-DONNELLY SCHOOL DISTRICT, (hereinafter referred to as “School District”), and THE MCCALL POLICE DEPARTMENT, (hereinafter referred to as “Police Department).
WITNESSET
H:
WHEREAS, the School District and the Police Department desire to continue to provide law enforcement and related services to the public schools of the City of McCall; and
WHEREAS;
the School District and the Police Department are mutually responsible for providing a safe environment within which students may receive appropriate instructional and educational services
which can be delivered more efficiently through the cooperative efforts of said parties to the benefits of public health, safety and welfare; and
WHEREAS, the School District and the
Police Department agree that it is in the best interest to assign a Youth Officer to schools mutually agreed upon by all three parties.
NOW, THEREFORE, in consideration of the mutual
promises and covenants herein contained, the School District and the Police Department hereby agree as follows:
ARTICLE I. PURPOSE
The purpose of this agreement is to develop
a procedure that focuses on providing a safe and healthy environment for students and faculty. To foster better relations between students and law enforcement personnel; to deter crime
on or about school premises by the presence of a law enforcement officer; to enforce local, state and federal laws; and to have law enforcement officers available for presentations to
students, faculty and parents concerning law enforcement, school safety and related law enforcement subjects.
ARTICLE II. POLICE DEPARTMENT RESPONSIBILITIES
A. The Police Department
agree to:
1. Respond to any violation of local, state and federal laws, statutes or ordinances on or adjacent to school property.
2. At the conclusion of the investigations, those
individuals who have committed violations may be charged. This action may be in addition to any administrative action taken by the school.
3. Provide an officer to schools.
4. Obtain
appropriate legal sanction, e.g., subpoena or court order, or permission of school administrator prior to seeking access to personal records of students or instigating student locker
searches.
5. Respond promptly to reports of civil disorder or riots on school district property or at school functions.
6. Provide school staff with training on legal matters, interpretation
of the law or on any other topics of mutual concern.
B. Providing Youth Officer:
1. The Police Department and School District recognize the value of a Youth Officer. The Youth Officer
position will be assigned to schools as mutually agreed upon by both parties.
2. The funding of the Youth Officer position (s) shall be determined by an inter-local agreement between
the Police Department and School District.
3. The Chief of Police or designee shall oversee the officer assigned above, perform scheduled and unscheduled visits to the schools and work
with the School District in coordinating and developing the program.
C. Regular Duty Hours of Youth Officer
1. The Youth Officer shall be assigned to the schools on a full time basis.
During those hours that the school is in regular session, the Youth Officer may be assigned additional requirements determined by the Chief of Police.
2. The school principal, while
having no direct authority over the Youth Officer, may request the Youth Officer to assist in additional requirements that are mutually agreed upon by the principal and the Chief of
Police or designee that do not violate the terms of this agreement.
3. The Youth Officer will be allowed to request and utilize their annual leave throughout the year. The Youth Officer
shall notify the School Administrator in writing the days they will be absent.
4. The Youth Officer may be temporarily reassigned by the Chief of Police or designee as needed.
D. Instructional
Responsibilities for the Youth Officer:
1. The Youth Officer shall act as an instructor or guest speaker for specialized, short-term programs when invited to do so by the principal
or member of the school faculty.
2. The Youth Officer shall make available to the school faculty and students a variety of law related presentations.
E. Additional Responsibilities
of the Youth Officer:
1. The Youth Officer shall coordinate programs and presentations with the principal and staff members concerned and will seek permission, advice and guidance prior
to enacting any program within the school. These activities and programs shall be approved by the Chief of Police.
2. The Youth Officer shall develop expertise in presenting various
subjects to the students. Such subjects shall include basic understanding of the Revised Code of Idaho, the role of the police, and community policing as well as students rights.
3. The
Youth Officer shall encourage individual and small group discussions with students, based upon material presented in class to further establish rapport with the students.
4. When requested
and approved by the Chief of Police or designee, the Youth Officer shall attend parent/faculty meetings to solicit support and understanding of the program, as well as to assist parents
and faculty members in law enforcement related problems involving students.
5. The Youth Officer shall be available for student, parent and faculty member conferences in order to assist
with the identification of and solving problems of a law enforcement or crime related nature.
6. The Youth Officer shall become familiar with all community agencies, which offer assistance
to children, youths and their families (mental health clinics, drug treatment centers, juvenile detention center, Shepard’s Home etc). The Youth Officer shall make referrals when appropriate.
7. The
Youth Officer shall assist the principal in developing emergency plans and strategies to prevent and/or minimize dangerous situations.
8. Should it become necessary to conduct formal
police interviews or investigations with students, the Youth Officer shall adhere to those legal requirements, policies and procedures established by the McCall Police Department and
the School District.
9. The Youth Officer shall give assistance to other law enforcement officers in matters regarding the Youth Officer’s school assignment.
10. The Youth Officer
shall, whenever possible and approved by the Chief of Police or designee, participate in/or attend school functions.
11. The Youth Officer shall take law enforcement action as required.
As soon as practical, the Youth Officer shall make the school administrator aware of such action. At the school administrator’s request the Youth Officer shall take appropriate law enforcement
action against intruders and unwanted guests who may appear at the school and related school functions, to the extent the Youth Officer may do so under the authority of law.
12. The
Youth Officer shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the school administrator believes that an incident is a violation
of the law, the administrator may contact the Youth Officer and the Youth Officer shall then determine whether law enforcement action is appropriate.
13. The Youth Officer is not to
be used for regularly assigned lunchroom duties, bus duty, parking lot monitor, hall monitors or other monitoring duties. The Youth Officer is also not to be used as crossing guards
for continuing vehicle traffic control. However, if there is a temporary problem, the Youth Officer may assist the school until the problem is solved.
ARTICLE III. SCHOOL DISTRICT
RESPONSIBILITIES
A. The McCall-Donnelly School District Agrees to:
1. Notify police whenever a violation of law occurs on school property. The police department will consult with school
staff regarding an appropriate response. If there is any question of law, the police department should be consulted.
2. Give full cooperation and access to school district property
or school functions to police officials responding to a request for investigation of reported criminal acts.
3. Permit law enforcement access to personal records of students upon receipt
of a subpoena or court order or a signed release from parent/guardian of a student under the age of 18.
4. Provide to law enforcement officers the names, addresses and phone numbers
of parents when requested (IE. Locator cards). Provide police with immediate access to any crime scene or evidence of a crime.
5. Permit free access to school district property for
police responding to civil disorder or riot or for arrest of students whom probable cause for an arrest exists.
6. The School District shall provide to the full-time Youth Officer
the following materials and facilities which are necessary to the performance of the Youth Officer’s duties:
(a) Access to a heated and properly lighted office in which the office shall
contain a telephone, which may be used for general business purposes.
(b) A location for files and records, which can be properly locked and secured.
(c) A desk with drawers, a chair
and office supplies needed.
(d) Access to a computer with Internet.
ARTICLE IV. AGREEMENT BETWEEN ALL PARTIES
A. The School District and the Police Department agree:
1. To work
cooperatively to proactively address school security issues and to provide students, faculty and parents with quality law enforcement services and the safest learning environment possible.
2. That
the Youth Officer is at all times an employee of the McCall Police Department and will remain responsive to the chain of command of the Police Department.
3. That the Youth Officer
is a law enforcement officer and not a school administrator or employee. In all matters relating to the performance of law enforcement functions such as criminal incident investigations
and on-campus arrests, the officer shall be subject to all policies and procedures of the Police Department and applicable local, state or federal law.
ARTICLE V. TERM AND TERMINATION
This Agreement shall become effective upon execution. This Agreement is binding
on each parties’ successors and assigns. This Agreement may be terminated by either
party upon ninety
(90) days written notice that any other party has failed to substantially
perform in accordance with the terms and conditions of this Agreement. This Agreement
may be terminated
without cause by either party upon one hundred eighty (180) days
written notice. Termination of this Agreement may only be accomplished as provided
herein.
ARTICLE VI. NOTICES
Whenever
any party desires or is required by law to give notice unto the other
party, notice shall be sent by certified mail or hand delivered to:
Superintendent of Schools
McCall-Donnelly
School District
120 Idaho
McCall, ID 83638
Chief of Police City of McCall
216 E Park St
McCall, ID 83638
ARTICLE VI. GOOD FAITH
The Superintendent,
The Chief of Police, their agents and employees agree to
cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or
questions will be resolved
by negotiation between the Superintendent and the Chief of
Police, or their designees.
ARTICLE VIII. MODIFICATION
This document constitutes the full understanding of the parties
and no terms,
conditions, understandings, or agreements purporting to modify or vary the terms of this
document shall be binding unless hereafter made in writing and signed by all parties.
An annual program review will be conducted by the school district and the police department to assure high standards and success.
ARTICLE IX. NON-ASSIGNEMENT
This Agreement,
and each and every covenant herein, shall not be capable of
assignment, unless the express written consent of the Superintendent and the Chief of
Police is obtained.
ARTICLE X.
MERGER
This Agreement constitutes a final written expression of all terms of this Agreement and is a complete and exclusive statement of those terms.
IN WITNESS WHEREOF, the parties
have caused the execution of this Agreement on the day and year first above written.
SCHOOL DISTRICT
SUPERINTENDENT OF MCCALL-DONNELLY SCHOOL DISTRICT
BY: _________________________________________
______ ___________
Gale Hogan Date
McCall-Donnelly School District Superintendent
POLICE DEPARTMENT
CHIEF OF POLICE CITY OF MCCALL
BY: _______________________________________________ __
_________
Ralph Appa, Chief Date
McCall Police Department