HomeMy Public PortalAboutAB 04-152 attch - Revised MOU with McCall Donnelly Schools 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MCCALL-DONNELLY SCHOOL DISTRICT
And
THE MCCALL POLICE DEPARTMENT
THIS AGREEMENT, made and entered into this ____________ day of ___________, 2004, 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).
WITNESSETH:
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 is in addition to any administrative action
taken by the school.
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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.
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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.
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 and school or county MDT and STP meetings 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, Valley County Court Services, 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 for the educator to conduct formal interviews with
students, the Youth Officer may be present at the request of the educator. 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
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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. Authorize the school principal or designee to initiate and direct the Youth Officer or
other law enforcement official to investigate criminal matters, matters of
exceptional misconduct as defined in the student handbook, or other matters that
impact the health and safety of students and staff at school.
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. Permit law enforcement access to student attendance records as needed.
5. 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.
6. 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.
7. 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.
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(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.
4. To cooperate with other community agencies to share information regarding
juvenile issues as allowed by Idaho Statute or directed and permitted by the
judicial system.
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
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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.
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: _______________________________________________ ___________
Terrell L. Donicht Date
McCall-Donnelly School District Superintendent
POLICE DEPARTMENT
CHIEF OF POLICE CITY OF MCCALL
BY: _______________________________________________ ___________
Ralph Appa, Chief Date
McCall Police Department