HomeMy WebLinkAbout1998-118-09/01/1998-AUTHORIZING MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE POUDRE SCHOOL DISTRICT TO PR RESOLUTION 98-118
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE POUDRE
SCHOOL DISTRICT TO PROVIDE SCHOOL RESOURCE OFFICERS
WHEREAS, effective April 12, 1995,the Poudre School District, (the "District"),the City
of Fort Collins (the "City"),the County of Larimer and the Larimer County Sheriff entered into an
Intergovernmental Agreement to implement the School Resource Officer Program (hereinafter
referred to as the "First SRO Agreement"); and
WHEREAS,the goals of the School Resource Officer Program(hereinafter referred to as the
"Program") are to:
1. provide a safe learning environment and help reduce school violence;
2. improve school law enforcement collaboration; and
3. improve perceptions and relations between students, staff and law
enforcement officials.
and
WHEREAS, since entering into the First SRO Agreement, some of the District's schools
which were served in the Program by the Larimer County Sheriff have been or will likely be annexed
in the near future into the City; and
WHEREAS, the District has proposed an expansion of the Program to include the City
assigning an additional three School Resource Officers to the District's six junior high schools,and
one School Resource Officer to the District's Mountain View School; and
WHEREAS,the City desires to continue to provide the policing services and related services
that it has under the First SRO Agreement as well as to provide the additional policing services that
have been proposed by the District; and
WHEREAS, the District and the City both recognize the outstanding benefits that the
Program has for the citizens of the City and particularly for the students of the District's schools
located within the City; and
WHEREAS, the parties agree that it is in the best interests of the District,the City, and the
citizens of the City for the District and the City to continue and to expand the Program as set forth
in the proposed "Agreement Between the Poudre School District R-1 and the City of Fort Collins
For The School Resource Officer Program," which is attached hereto as Exhibit A (the
"Agreement"); and
WHEREAS, it is the intent of the District and the City that the Agreement replace and
supersede in all respects the First SRO Agreement as it relates to the agreements contained therein
between the District and the City relating to the Program.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Council hereby authorizes the Mayor to enter into the Agreement in substantially
the form attached hereto as Exhibit"A".
Passed and adopted at a regular meeting of the City Council held-this I st day of SgAenTher
A.D. 1998.
r'
i_- N ayor L f'
ATTEST:
4UL I -� %
City Clerk
EXHIBIT A
1 Agreement Between
2 the Poudre School District R-1 and the City of Fort Collins
3 For
.t The School Resource Officer Program
5
6
7 THIS AGREEMENT is made and entered into by and between POUDRE SCHOOL
s DISTRICT R-1 (hereinafter referred to as the "District") AND THE CITY OF FORT
9 COLLINS, on behalf of FORT COLLINS POLICE SERVICES, (hereinafter referred to as the
to "City").
11
12 WITNESSETK
L3
14 A. Effective April 12, 1995, the District, the City, the County of Larimer and the Larimer
15 County Sheriff entered into an Intergovernmental Agreement to implement the School Resource
16 Officer Program (hereinafter referred to as the "First SRO Agreement").
17
Is B. The goals of the School Resource Officer Program (hereinafter referred to as "the
19 Program") are to:
20
21 1. Provide a safe learning environment and help reduce school violence;
22
23 2. Improve school law enforcement collaboration, and
24
25 3. Improve perceptions and relations between students, staff and law enforcement
26 officials.
27
28 C. Since entering into the First SRO Agreement, some of the District's schools which were
29 served in the Program by the Larimer County Sheriff have been or will likely be annexed in the
30 near future into the City.
31
32 D. In addition, the District has proposed an expansion of the Program to include the City
33 assigning an additional three(3) School Resource Officers to the District's Junior High Schools,
34 and one (1) School Resource Officer to the District's Mountain View School.
35
36 E. The City desires to continue to provide the policing services and related services that it
37 has under the First SRO Agreement as well as to provide the additional policing services that have
38 been proposed by the District.
39
40 F. Based upon evaluations of the Program, the parties desire to modify certain aspects of the
41 Program to better accomplish its purposes.
42
43 G. The District and the City both recognize the outstanding benefits that the Program has for
as the citizens of the City and the District and particularly for the students of the District's schools
45 located within the City.
46
47 H. The parties agree that it is in the best interests of the District, the City, and the citizens of
48 the City and the District for the District and the City to continue and expand the Program as set
49 forth in this Agreement.
50
51 I. It is the intent of the District and the City that this Agreement replace and supersede in all
52 respects the First SRO Agreement as it relates to the agreements contained therein between the
53 District and the City.
54
55 NOW, THEREFORE, in consideration of the mutual promises and covenants herein
56 contained, and other good and valuable consideration, the receipt and adequacy of which are
57 hereby acknowledged, the District and the City hereby agree as follows:
58
59 ARTICLE 1
60
61 Term
62
63 The parties agree to continue the Program as modified in this Agreement in the District's
64 school system located within the City for the time period commencing on the effective date of this
65 Agreement and ending as provided in Articles VI and X of this Agreement.
66
67 ARTICLE It
68
69 Rights and Duties of the City
70
71 A. Assignment of School Resource Officers
72
73 1. The City shall continue to assign one (1) School Resource Officer to each of the
74 following schools (for a total of three (3) School Resource Officers):
75
76 Poudre High School,
77 Fort Collins High School, and
78 Rocky Mountain High School.
79
80 2. In addition, the City shall assign, beginning at least two weeks prior to the
81 commencement of the fall semester of the District's 1999/2000 school year, three(3)
82 School Resource Officers to the following six (6)junior high schools, with each Officer
83 assigned to two of the schools:
84
85 Blevins
86 Boltz
2
87 Lesher
88 Preston
89 Webber, and
90 Lincoln (however, a School Resource Officer will be assigned to
91 Lincoln Junior High School only after Lincoln Junior High School
92 has been annexed into the City);
93
94 3. In addition, the City shall assign, beginning at least two weeks prior to the
95 commencement of the fall semester of the District's 1999/2000 school year, one (1)
96 School Resource Officer to the Mountain View School. In the event that the Mountain
97 View School is closed or it is determined by the District that a School Resource Officer is
98 not required at such school, the School Resource Officer assigned to such school will be
99 reassigned to a junior high school by the District in consultation with the City.
100
101 4. During the District's 1998/1999 school year, the City will provide services to the
102 Mountain View School by assigning, on a part time basis, the School Resource Officer
103 presently assigned to Poudre High School and by providing additional police officers, on
104 part time bases, who are compatible with the School Resource Officer philosophy; it being
105 understood and agreed by the parties that the City will make a good faith effort to provide
106 the highest level of services possible under its existing budgetary and training time
107 constraints and that such services will probably not be equal to a full time School
108 Resource Officer.
109
110 The Supervisor of Police Services' Youth Services Section or his designee, the
111 principal of Poudre High School and such other school or central administrators as are
112 deemed necessary by the District shall meet weekly to determine if the sharing of the
113 School Resource Officer assigned to Poudre High School is excessively impacting the
114 services being provided to Poudre High School. If it is determined that the sharing of the
115 School Resource Officer assigned to Poudre High School is excessively impacting the
116 services being provided to Poudre High School, the parties agree to negotiate in good
117 faith an alternative arrangement to provide services to the Mountain View School, which
118 alternatives shall include the City providing additional officers, on part time bases, who are
119 compatible with the School Resource Officer philosophy and reducing or eliminating
120 entirely the part time assignment to Mountain View School of the School Resource
121 Officer assigned to Poudre High School.
122
123 5. Each School Resource Officer will also be assigned to feeder schools as
124 determined by the District's central administration. The following is a total listing of
125 feeder schools (within the Fort Collins City limits):
126
127 Barton Discovery Center
128 Bauder Elementary School
129 Beattie Elementary School
130 Bennett Elementary School
131 Centennial High School
132 Centennial West High School
133 Dunn Elementary School
134 Fullana Elementary School
135 Harris Bilingual School
136 Harris Lab School
137 Johnson Elementary School
138 Kruse Elementary School
139 Laurel Elementary School
140 Linton Elementary School
141 Lopez Elementary School
142 McGraw Elementary School
143 Moore Elementary School
144 O'Dea Elementary School
145 Olander Elementary School
146 Preston Junior High School
147 Putnam Elementary School
148 Riffenburgh Elementary School
149 Shepardson Elementary School
150 Travelli Elementary School
151 Washington Core Knowledge Elementary School
152 Werner Elementary School
153
154 6. Until the beginning of the fall semester of the District's 1999/2000 school year, all
155 junior high schools which are now or may become located within the Fort Collins City
156 limits shall also be considered feeder schools. Furthermore, all elementary schools which
157 are annexed into the City or which come into existence during the term of this Agreement
158 shall be considered feeder schools. If additional high schools or junior high schools are
159 annexed into the City or come into existence during the term of this Agreement, the
160 School Resource Officers assigned to high schools and junior high schools may be
161 reassigned to such additional schools by the District in consultation with the City.
162
163 7. Each School Resource Officer shall have an office in his/her assigned high school.
164 Each School Resource Officer assigned to the junior high schools shall have an office in at
165 least one of the two junior high schools. Subject to Article III, the School Resource
166 Officer assigned to the Mountain View School shall have an office at such school. The
167 location and specifications of all offices shall be designated and approved by the District's
168 Director of Operational Services.
169
170 8. The School Resource Officers assigned by the City shall respond upon request by
171 the District to their assigned schools. In the event of situations requiring a response by
172 additional law enforcement personnel, the District shall utilize the dispatch service of the
173 City to secure additional law enforcement personnel who may be other School Resource
174 Officers or other law enforcement personnel, at the City's discretion.
4
175
176 9. The City shall assign the duties of supervision of the School Resource Officers to
177 the Supervisor of Police Services' Youth Services Section, who shall oversee the School
178 Resource Officers within the City and shall perform scheduled and non-scheduled visits to
179 the schools. When practicable, during scheduled visits, the Supervisor shall meet with the
180 assigned School Resource Officer and school administrators and staff designated by the
181 principal.
182
183 10. When practicable, the Supervisor of Police Services' Youth Services Section, the
184 School Resource Officers and the District's Director of Operational Services or his/her
185 designee shall meet weekly at a time and location to be determined by the parties to
186 discuss problem, issues and concerns as they arise.
187
188 B. Regular Duty Hours of the School Resource Officers
189
190 1. Except as provided in Article II(A)(4), the School Resource Officers shall be
191 assigned to the schools on a full-time basis of eight (8) hours on those days and during
192 those hours that the schools are in regular session. The primary purpose of the Program is
193 to provide services during normal school hours. However, because it is sometimes
194 desirable to have School Resource Officers attend school activities conducted outside of
195 normal school hours, the principal(s) of the assigned school(s) and the assigned School
196 Resource Officer may agree to adjust the working hours of the School Resource Officer
197 provided that overtime hours are not worked. A School Resource Officer may be
198 temporarily reassigned by the City during school holidays and vacations, or during the
199 period of a law enforcement emergency, as determined by the City.
200
201 C. Summer Vacation Duty of the School Resource Officers
202
203 1. During the 1998 summer vacation period, the City shall continue to provide the
204 level of services it is currently providing, i.e. three (3) School Resource Officers, although
205 all three are not always on duty at the same time.
206
207 2. Commencing with the 1999 summer vacation period, the parties shall meet on or
208 before April 15th of each year during the term of this Agreement to determine the number
209 of School Resource Officers the City shall provide during the summer vacation period to
210 provide the services required by this Agreement for summer school.
211
212 D. Duties of the School Resource Officer
213
214 1. The Officer shall work during the hours school is in session and coordinate his/her
215 schedule with the school principal or his/her designee of the Officer's assigned school.
216 However, for those Officers assigned to the junior high schools, the principals of both
217 schools must cooperate with each other in coordinating their schedules with their assigned
218 Officer's schedule. When schools are closed due to in-service training, the School
5
219 Resource Officer, if invited by the school staff, may attend the in-service training or use
220 those hours for School Resource Officer administrative duties. During extended non-
221 school periods, the School Resource Officer must schedule time off for vacations and
222 floating holidays during periods when school is not in session.
223
224 2. The Officer shall spend 60 percent of his/her time in uniform and drive a marked
225 patrol unit. While working in civilian clothes, the School Resource Officer shall comply
226 with a dress code that is determined and approved by the principal of the Officer's
227 assigned school. For those Officers assigned to the junior high schools, the principals of
228 both schools to which the Officer is assigned must agree on that dress code.
229
230 3. Subject to the School Resource Officer's discretionary law enforcement authority,
231 the School Resource Officer shall take appropriate law enforcement action as requested by
232 school administrators. The School Resource Officer may also take appropriate law
233 enforcement action as required by law and Fort Collins Police Services policy and must
234 then notify the school administrator as soon as practicable of any violations or actions
235 which impact on school discipline, order or safety and such other violations and actions as
236 the District reasonably requests be reported. This may include interviewing suspects and
237 victims of criminal violations, issuing summonses, and addressing traffic concerns. Should
238 it become necessary to conduct formal law enforcement interviews with the students, the
239 School Resource Officer shall adhere to District policy, regulations and guidelines, Fort
240 Collins Police Services policy, and legal requirements with regard to such interviews.
241
242 4. The Officer shall assist other School Resource Officers or law enforcement
243 agencies in conducting investigations when requested or when required.
244
245 5. The Officer shall develop teaching expertise and assist faculty in instructing
246 specialized classes on such topics as the role of policing in the community, search and
247 seizure, traffic laws, crime prevention, victims' rights, community involvement, and youth
248 programs. In addition, the Officer shall encourage and participate in discussion during
249 classes to establish rapport with students. Any additions to the above instruction must be
250 mutually agreed upon by Fort Collins Police Services and the principal or his/her designee
251 of the affected school.
252
253 6, The Officer shall seek permission, advice, and guidance from school administrators
254 prior to enacting any program within the school
255
256 7. The Officer shall assist school administrators, staff, and faculty in developing
257 emergency procedures and emergency management plans to include prevention and/or
258 minimization of dangerous situations which may result from student unrest.
259
260 8. The Officer shall be familiar with District policies, regulations and guidelines
261 related to safety and student conduct and discipline issues, including the District's Code of
262 Conduct and assist administrators, faculty and staff with violations of such policies, at the
6
263 School Resource Officer's discretion. Provided, however, that the School Resource
264 Officer shall not be expected or asked to detain or take into physical custody any student
265 who has only violated a District policy or the District's Code of Conduct. It shall be
266 understood and agreed that a School Resource Officer, as a law enforcement officer, can
267 only detain or take into physical custody those students for whom there is reasonable
268 suspicion or probable cause that they have committed a criminal offense. The School
269 Resource Officer shall not be used for regularly assigned lunchroom duties, hall
270 monitoring or other monitoring duties. If there is a problem area, the School Resource
271 Officer may assist the school until the problem is resolved.
272
273 9. The Officer shall be familiar with and abide by all relevant District policies,
274 regulations and guidelines except to the extent such policies, regulations and guidelines
275 conflict with his/her responsibilities as a law enforcement officer.
276
277 10. The Officer shall develop a rapport with students and a working relationship with
278 student organizations, faculty, staff members, District administrators, and community
279 members.
280
281 11. The Officer shall coordinate efforts with campus supervisory personnel, i.e., campus
282 supervisors, hall monitors, parking attendants, parking attendants and private security firm
283 personnel.
284
285 12. The Officer shall attend, whenever possible, school or District in-service training as
286 recommended by school administrators or central administrators.
287
288 13. The Officer shall maintain detailed, accurate, and up-to-date records as required by
289 Fort Collins Police Services, school administrators and central administrators, and submit
290 reports as requested.
291
292 14. The Officer shall work proactively with all law enforcement agencies that serve the
293 District community.
294
295 15. The Officer shall attend parent, faculty, student, administration or other meetings to
296 provide information regarding the Program and provide opportunities for involvement and
297 support.
298
299 16. The Officer shall work proactively with students, parents, and faculty regarding
300 public safety and use problem-solving teams and programs to address issues.
301
302 17. The Officer shall provide information regarding community programs so that proper
303 referrals can be made and appropriate assistance accessed. These programs may include
304 mental health clinics, drug treatment centers, etc. The School Resource Officer may make
305 referrals to such agencies when necessary thereby acting as a resource person to the
306 students, faculty, staff, and administrators of schools. The Officer shall refer students to
7
307 the school counselor as needed. Referral guidelines are determined by the school
308 administrator.
309
310 18. The Officer shall attend, whenever possible, selected school functions as
t 1 recommended by school administrators.
312
313 19. The Officer shall maintain confidentiality of any information obtained pursuant to
314 Title 19 of the Colorado Children's Code, and shall not disclose the information except as
315 provided by law or court order.
316
317 20. The Officer shall maintain confidentiality of District records and information in
318 accordance with Parts 2 and 3, Article 72 of Title 24, Colorado Revised Statutes, the
319 Family Educational Rights and Privacy Act and District policies.
320
321 21. The Officer shall coordinate with and apprise the District's Director of Operational
322 Services and the District's Security Supervisor of such matters as are designated by them.
323
324 22. The Officer shall perform other duties which will promote the goals of the Program
.125 and which are mutually agreed upon by the District and the City.
326
327 E. Training
328
329 1. Basic School Resource Officer training shall be provided to all new School
330 Resource Officers prior to commencement of employment as a School Resource Officer.
331 Such training shall be provided to those Officers already employed as School Resource
132 Officers as soon as practicable. Basic School Resource Officer training can be obtained
333 through the Colorado Association of School Resource Officers, the National Association
334 of School Resource Officers or other organization which provides similar training. All
335 costs of this training shall be paid by the City.
336
337 2. School Resource Officers are encouraged to obtain accreditation as School
338 Resource Officer"Practitioners"through the National Association of School Resource
339 Officers. Officers desiring to obtain such accreditation shall be entitled to receive such
340 training to the extent that funds for training are available. The parties shall meet prior to
341 August 15t'of each year during the term of this Agreement to determine the amount of
342 funding which shall be provided by the City for this training; provided, however, that in
343 the event the effective date of this Agreement is subsequent to August 14, 1998, the
344 parties shall meet as soon thereafter as practicable-
8
345 ARTICLE III
3-46
337 Facilities and Equipment
348
349 The District shall provide to the full-time School Resource Officer the following
350 equipment and facilities, which are deemed necessary to the performance of the School Resource
351 Officer's duties under this Agreement:
352
353 A. The School Resource Officer shall be provided an office to conduct matter of
354 confidential business and shall be provided access to records which are deemed necessary
355 by the District. Confidentiality of the records shall be maintained by the School Resource
356 Officer. The School Resource Officer shall confer with school administrators concerning
357 confidentiality of records when necessary.
358
359 B. The District shall provide for the use of each School Resource Officer a desk and
360 necessary office furniture, a computer and printer and a pager or cellular phone. These
361 items shall be paid for by the District; provided, however, that the District shall deduct the
362 cost of these items from the payment it is required to make to the City under Article
363 I V(B).
364
365 C. Officers assigned or providing services to Mountain View School during the
366 1998/1999 school year shall share, to the extent practicable, the office, office furniture,
367 computer and printer, but shall be provided with their own pager or cellular telephone.
368
369 ARTICLE IV
370
371 Financing of the Program
372
373 A. To carry out the intent of the First SRO Agreement and incorporate that intent into this
374 Agreement, except as provided in Article III, the City shall be solely responsible for all costs of
375 providing the three (3) School Resource Officers assigned to the high schools.
376
377 B. In consideration for the City providing to the District the four(4) School Resource
378 Officers assigned to the junior high schools and Mountain View School , the District shall pay to
379 the City the following:
380
381 1. $150,000 for start up costs on January 1, 1999, and
382
383 2. $297,740.00 plus a percentage increase on said amount based on the percentage
38.1 increase in funding that the District receives under the State's School Finance Act for the
385 District's 1999/2000 fiscal year on or before September 15, 1999 for services to be
386 provided during the District's 1999/2000 fiscal year. Thereafter, the District shall pay to
387 the City on September 15'' of each year that this Agreement is in effect, the total sum of
388 the amount paid on September 15, 1999 plus a percentage increase compounded annually
9
389 on said amount based on the percentage increase in funding that the District receives
390 under the State's School Finance Act for the District's fiscal year in which the payment is
391 made. For example, if the District receives a three (3) percent increase in funding under
392 the School Finance Act for its 1999/2000 fiscal year, the District shall pay the City on
393 September 15, 1999, the sum of$306,672.00 and then if the percentage increase is three
394 (3) percent for the District's 2000/2001 fiscal year, the District shall pay the City on
395 September 15, 2000, the sum of$315,872.00 and then if the District receives a three(3)
396 percent increase in funding under the School Finance Act for its 2001/2002 fiscal year, the
397 District shall pay the City on September 15, 2001, the sum of$325,348.00.. If this
398 Agreement is terminated prior to the end of a fiscal year, the City shall reimburse the
399 District a pro rata amount of the payment made for that fiscal year.
400
401 C. The City shall attempt, in good faith, to provide the additional part time police officers
402 providing temporary School Resource Officer services to the Mountain View School during the
403 1998/1999 school year using its existing police manpower at no additional cost to the District. If
404 such services cannot be provided with the City's existing police manpower, the District shall pay
405 to the City for such services, the City's prevailing hourly on-duty rate if an on-duty police officer
406 is provided by the City, or the overtime rate applicable to the officer performing such services if
407 an off-duty police officer is provided by the City. The City shall attempt, in good faith, to provide
408 an on-duty police officer, as opposed to an off-duty police officer, using its existing police
409 manpower. All normal calls for police services shall be responded to at no charge to the District.
410
411 ARTICLE V
412
413 Evaluation and Future Funding
414
415 Prior to August 15th of each year during the term of this Agreement, the parties shall
416 evaluate the effectiveness of the Program and consider whether modifications to the Program are
417 necessary or advisable to accomplish its purposes. This evaluation is critical to continue a
418 successful program and the parties agree to invest sufficient time and effort in the evaluation
419 process. It is the intent of the parties that the Program be continued with the funding for the three
420 (3) School Resource Officers assigned to the high schools to be provided by the City and the
421 funding for the four(4) School Resource Officers assigned to the junior high schools and
422 Mountain View School to be provided by the District. The parties agree to cooperate and
423 negotiate in good faith in fulfilling the intent of the parties concerning continuation of the Program
424 and future funding of the Program as set forth above.
425
426 ARTICLE VI
427
428 Appropriations
429
430 The obligations of each party under this Agreement payable after its respective current
431 fiscal year are contingent upon adequate funds for that purpose being budgeted, appropriated and
432 otherwise made available.
10
433 ARTICLE VII
434
435 Employment Status of School Resource Officer
436
437 The School Resource Officer, including any officer who is providing part time services,
438 shall remain an employee of the City and shall not be an employee of the District. The District
439 and the City acknowledge that the School Resource Officer is a law enforcement officer who shall
440 uphold the law under the direct supervision and control of Fort Collins Police Services. The
441 School Resource Officer shall remain responsive to the chain of command of Fort Collins Police
442 Services.
443 ARTICLE VIII
444
445 Appointment of the School Resource Officers
446
447 A. The (i) administration of the District, (ii) the administration of the traditional high schools,
448 (iii)the administration of the junior high schools and (iv) Fort Collins Police Services shall appoint
449 two (2) members each to a School Resource Officer Personnel Board; provided, however that
450 only six (6) members shall serve at a particular meeting or portion of a meeting. Which six
451 members serve will be dependent upon whether a School Resource Officer assigned to a high
452 school or a junior high school is at issue. The sole function of the Personnel Board shall be the
451 recruitment, interviewing and evaluation of School Resource Officers. The Personnel Board shall
454 meet as necessary, and shall conduct oral examinations of School Resource Officer applicants.
455
456 B. School Resource Officer applicants must meet all of the following requirements:
457
458 1. The applicant must be a volunteer for the position of School Resource Officer and
459 must indicate a willingness to hold the position for three (3) years.
460
461 2. The applicant must be a full-time peace officer, level 1, as defined by C.R.S. §18-
462 1-901(3)(1)(I), with a minimum of three (3) years of law enforcement experience.
463
464 3. The applicant must be employed as a police officer with Fort Collins Police Services.
465
466 4. The applicant must agree that if hired for the position of School Resource Officer,
467 he/she will not seek a transfer from the position until the end of a school year and that
468 he/she will not schedule time off for vacations and floating holidays during periods when
469 school is in session.
470
471 C. Among additional criteria for consideration by the School Resource Officer Personnel
472 Board are job knowledge, experience, training, education, appearance, attitude, communication
473 skills, and bearing.
474
475 D. The names of any applicants receiving a favorable recommendation from the School
476 Resource Officer Personnel Board (which recommendation shall follow only upon a majority vote
II
477 of the Personnel Board), shall be forwarded to the City Chief of Police or designee, who shall
478 appoint officers as School Resource Officers from the list of those recommended.
479
480 ARTICLE IX
481
482 Dismissal of School Resource Officers; Replacement
483
484 A. In the event the school administrator of the school to which the School Resource Officer
485 is assigned believes that the particular School Resource Officer is not effectively performing
486 his/her duties and responsibilities, the administrator shall recommend to the District's Assistant
487 Superintendent of School Services and Assistant Superintendent of Business Services or their
488 designees that the School Resource Officer be removed from the Program, and shall state the
489 reasons therefor in writing. Within ten(10) working days after receiving the recommendation
490 from the administrator, the Assistant Superintendent of School Services or designee shall advise
491 the Chief of Police or designee. If the Chief of Police so desires, the Assistant Superintendent of
492 School Services and the Assistant Superintendent of Business Services or designee(s) shall meet
493 with the School Resource Officer and the Chief of Police or designee to mediate or resolve any
494 problems which may exist. At such meeting, specified school staff members may be required to
495 be present. If, within a reasonable amount of time after commencement of such mediation, the
496 problem cannot be resolved or mediated, or in the event mediation is not sought by the Chief of
497 Police, then the School Resource Officer shall be removed from the Program.
498
499 B. The Chief of Police may dismiss or reassign a School Resource Officer based upon
500 department rules, regulations, and/or department directives, or when it is in the best interests of
501 Fort Collins Police Services.
502
503 C. In the event of resignation, dismissal, or reassignment of a School Resource Officer, or in
504 the case of long-term absences by a School Resource Officer, the City shall provide a temporary
505 replacement for the School Resource Officer within thirty (30) school days of receiving notice of
506 such absence, dismissal, resignation, or reassignment. As soon as practicable, the Personnel
507 Board shall recommend a permanent replacement for the School Resource Officer position.
508
509 D. A School Resource Office may be transferred from his/her position, for administrative
510 reasons, during the school year at the discretion of the Chief of Police. School Resource Officers
511 requesting a transfer to another position must do so at the end of the school year, and said request
512 must be in writing. Transfer request decisions shall be made at the discretion of the Chief of
513 Police.
12
514 ARTICLE X
515
516 Termination of Agreement
517
518 Subject to Article X1I, this Agreement may be terminated by either party by giving ninety
519 (90) days prior written notice to the other party that it has failed to substantially perform in
520 accordance with the terms and conditions of this Agreement.
521 ARTICLE XI
522 Notices
523
524 Any and all notices or any other communication herein required or permitted shall be
525 deemed to have been given when personally delivered or deposited in the United States postal
526 service as regular mail, postage prepaid, and addressed as follows or to such other person or
527 address as a party may designate in writing to the other party:
528
529 To the District:
530
531 Superintendent of Schools
532 Poudre School District R-1
533 2407 LaPorte Avenue
534 Fort Collins, Colorado 80521-2297
515
536 President
537 Poudre School District R-1 Board of Education
538 2407 LaPorte Avenue
539 Fort Collins, Colorado 80521-2297
540 To the City:
541
542 Chief of Police
543 Fort Collins Police Services
544 300 LaPorte Avenue
545 Post Office Box 580
546 Fort Collins, Colorado 80522-0580
547
548 City Manager
549 City of Fort Collins
550 300 LaPorte Avenue
551 Post Office Box 580
552 Fort Collins, Colorado 80522-0580
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553 ARTICLE Xll
554
555 Good Faith
556
557 The parties,their agents, and employees agree to cooperate in good faith in fulfilling the terms of
558 this Agreement. The parties agree that they will attempt to resolve any disputes concerning the
559 interpretation of this Agreement and unforeseen questions and difficulties which may arise in
560 implementing the Agreement by good faith negotiations before resorting to termination of this
561 Agreement and/or litigation.
562
563 ARTICLE XI11
564
565 Modification
566
567 This document constitutes the full understanding of the parties, and no term, condition,
568 understanding or agreement purporting to modify or vary the terms of this Agreement shall be
569 binding unless hereafter made in writing signed by the both parties.
570
571 ARTICLE XIV
572
573 Non-Assignment
574
575 This Agreement, and each and every covenant herein, shall not be capable of assignment
576 except with the prior consent of both parties.
577
578 ARTICLE XV
579
580 Merger
581
582 This Agreement constitutes a final written expression of all the terms of this Agreement
583 and is a complete and exclusive statement of those terms
584
585 ARTICLE XVI
586
587 Effective Date
588
589 This Agreement is effective upon the date of the last party to sign.
590
591 ARTICLE XVII
592
593 Counterparts
594
595 This Agreement may be signed in counterparts, and each counterpart shall be deemed an
596 original, and all the counterparts taken as a whole shall constitute one and the same instrument.
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597
598 ARTICLE XV111
599
600 Supersedes Previous Agreement
601
602 This Agreement replaces and supersedes in all respects the of the First SRO Agreement as
603 it relates solely to the agreements contained therein between the District and the City.
604
605
606 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their
607 duly authorized officers.
60s
609
610
611 POUDRE SCHOOL DISTRICT R-1
612 BOARD OF EDUCATION
613
614
615 By:
616 Date President
617
618 APPROVED AS TO FORM: ATTEST _
619 Secretary
620a� /
621 Attorney for the District
622 Date: �3 1
623
624 CITY OF FORT COLLINS
625
626
627 By:
628 Date Mayor
629
630 ATTEST
631 City Clerk
632
633 APPROVED AS TO FORM:
634
635
636
637 Deputy City Attorney
638 Date:
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