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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. 2 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. 3 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 4 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. 5 (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 6 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