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HomeMy WebLinkAbout1995-038-03/21/1995-IGA POUDRE SCHOOL DISTRICT R-1 SCHOOL RESOURCE OFFICER RESOLUTION 95-38 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE POUDRE SCHOOL DISTRICT R-1 FOR A SCHOOL RESOURCE OFFICER WHEREAS,the City of Fort Collins (the "City")has been approached by the Poudre School District R-1(the "School District") to participate in a School Resource Officer Program (the "SRO Program") whereby Fort Collins Police Services would place a uniformed police officer in each of the School District's three high schools; and WHEREAS, during the past few years, Police Services has experienced a significant rise in the number of calls for service to the junior high and high schools in the School District; and WHEREAS, Police Services believes that such calls for services could be better managed by an on-site police officer who could not only directly handle the service requests, but could also participate with School District officials in proactive problem solving to prevent future calls for service; and WHEREAS,the School District has offered to provide funds to the City over the next four (4) years to cover some of the City's costs in providing a uniformed police officer for each of the three high schools; and WHEREAS, the School District has submitted to the City an agreement setting forth the terms and conditions of the SRO Program, a copy of which agreement is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Agreement"); and WHEREAS, Article 11, Section 16, of the City Charter provides that the Council may enter into agreements with other governmental bodies for the performance of cooperative or joint activities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Mayor be, and hereby is, authorized to enter into the Agreement on behalf of the City. Section 2. That the City Manager shall conduct an annual review of the SRO Program to determine its effectiveness and to make a recommendation to Council as to whether the City should continue to participate in the SRO Program. w Passed and adopted at a regular meeting of the Counci he City of Fort s held this 21 st day of March, A.D., 1995. Y ATTEST: City Clerk EXHIBIT A Agreement Between The Poudre School District R-1, the City of Fort Collins, the County of Larimer and the Larimer County Sheriff for The School Resource Officer Program THIS AGREEMENT is made and entered into by and between POUDRE SCHOOL c t 4 "D' t"\ THE CITY FORT DISTRICT R-, (hereinafter referred �o as she istie „ . E F R- COLLINS on behalf of the FORT COLLINS POLICE SERVICES, (hereinafter referred to as the "City"), the COUNTY OF LARIMER (hereinafter referred to as the "County") and the LARIMER COUNTY SHERIFF, (hereinafter referred to as the "Sheriff's Department"); WITNESSETH: A. The purpose of the School Resource Officer Program is 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. B. The District, the City, the County and the Sheriff's Department desire to provide policing services and related services to the District's public schools and the citizens of the City and the citizens of the County; and C. A School Resource Officer Program has been proposed for the DistAct.'s schools located within the City and within the County, as hereinafter descriued; and D. The District, the City, the County and the Sheriff's Department re soEnize the potential outstanding benefits of the School Resource Officer Program to the citizens of the City and the County and particularly to the students of the District's schools located within the City and within the County; and E. It is In the best interests of the District, the City, the County and the Sheriff's Department, and the citizens of the City, the County and the District to establish this program. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the District, the City, the County and the Sheriff's Department hereby agree as follows: ARTICLE I A School Resource Officer Program is hereby established in the District's school system located within the City and within the County for the time period commencing on the effective date of this Agreement and ending June 15, 1999. ARTICLE I1 Rights and Duties of the City and Sheriff's Department The City and Sheriff's Department shall provide School Resource Officers as follows: A. Number of School Resource Officers 1. The City shall assign one regularly employed police officer to each of the following schools (for a total of three police officers): Poudre High School Fort Collins High School Rocky Mountain High School Each School Resource Officer will also be assigned to feeder schools as determined by District central administration. The following is a total listing of feeder schools (within the Fort Collins City limits): Barton Discovery Center Bauder Elementary School Beattie Elementary School Bennett Elementary School Blevins Junior High School Boltz Junior High School Centennial High School Centennial West High School Dunn Elementary School Fullana Elementary School Harris Bilingual School Harris Lab School Johnson Elementary School Kruse Elementary School Laurel Elementary School Lesher Junior High School Linton Elementary School Lopez Elementary School 2 McGraw Elementary School Moore-Elementary School O'Dea Elementary School Olander Elementary School Preston Junior High School Putnam Elementary School Riffenburgh Elementary School Shepardson Elementary School Washington Elementary School Webber Junior High School Werner Elementary School Each School Resource Officer will have an office in his/her assigned high school. 2. The Sheriff's Department shall assign one regularly employed deputy to provide services to the following schools located in Larimer County outside the City of Fort Collins, Colorado: Cache La Poudre Elementary School Cache La Poudre Junior High School Eyestone Elementary School Irish Elementary School Lincoln Junior High School Livermore Elementary School Poudre Canyon Elementary School Red Feather Elementary School Stove Prairie Elementary School Tavelli Elementary School Timnath Elementary School Transition Center (Mountain View) Weiiingtorr junior-High School The School Resource Officer for this area will have an office at one of the above schools or at one of the high schools as determined by the District's central administration. 3. The School Resource Officers assigned by the City shall respond upon request by the District to their assigned high school or feeder schools. The School Resource Officer assigned by the Sheriff's Department shall respond upon request by the District to his/her assigned schools. In the event of situations requiring a response by additional law enforcement personnel, the District shall utilize the dispatch service of the appropriate law enforcement agency to secure additional law enforcement personnel 3 who may be other School Resource Officers or other law enforcement personnel, at the responding law enforcement agency's discretion. 4. The City shall assign the duties of supervision of the School Resource Officers to the (eue), who shall oversee the School Resource Officers within the City and shall perform scheduled and non-scheduled visits to the schools. 5. The Sheriff's Department shall assign the duties of supervision of the School Resource Officer to (title), who shall oversee the School Resource Officer outside the City and shall perform scheduled and non-scheduled visits to the schools. B. Re¢ular Duty Hours of the School Resource Officers 1. The School Resource Officers shall be assigned to the schools on a full- time basis of eight (8) hours on those days and during those hours that the schools are in regular session. A School Resource Officer may be temporarily reassigned by the City or the Sheriff's Department during school holidays and vacations; or during the period of a law enforcement emergency, as determined by the City or Sheriff's Department. C. Duties of the School Resource Officer 1. Works during the hours school is in session and coordinates schedules with the high school principal or his/her designee or in the case of the School Resource Officer provided by the Sheriff's Department, coordinates his/her schedule with an administrator appointed by the District. When schools are closed due to in-service training, the School Resource Officer, if invited by school staff, may attend the in-service training or use those hours for School Resource Officer administrative duties. During extended non-school periods, the School Resource Officer will be assigned as needed by his/her-police supervisor. The School Resource Officer must schedule- time-off for vacations and floating holidays during periods when school is not in session. 2. Spends 60 percent of his/her time in uniform and drives a marked patrol unit. While working in civilian clothes, the School Resource Officer maintains a dress code that is determined and approved by the principal of assigned high school or, in the case of the School Resource Officer provided by the Sheriff's Department, an administrator appointed by the District. 4 3. Subject to the School Resource Officer's discretionary law enforcement authority, the School Resource Officer shall take appropriate law enforcement action as requested by school administrators. The School Resource Officer may also take appropriate law enforcement action as required by law and Fort Collins Police Services or Sheriff's Department policy and must then notify the school administrator as soon as practicable of any violations or actions which impact on school discipline, order or safety and such other violations and actions as the District reasonably requests be reported. This may include interviewing suspects and victims of criminal violations, issuing summonses, and addressing traffic concerns. Should it become necessary to conduct formal law enforcement interviews with the students, the School Resource Officer shall adhere to District policy, Fort Collins Police Services policy, in the case of School Resource Officers assigned by the City or Sheriff's Department policy in the case of School Resource Officers assigned by the County, and legal requirements with regard to such interviews. 4. Assists other School Resource Officers or law enforcement agencies in conducting investigations when requested or when required. 5. Develops teaching expertise and assists faculty in instructing specialized classes on such topics as the role of policing in the community, search and seizure, traffic laws, crime prevention, victims' rights, community involvement, and youth programs. In addition, encourages and participates in discussion during classes to establish rapport with students. Any additions to the above instruction must be mutually agreed upon by Fort Collins Police Services and the appropriate high school principal or his designee or the Sheriff's Department and a District employee appointed by the District. 6. Seeks permission, advice, and guidance from school administrators prior to enacting any program within the schools. 7. Assists school administrators, staff, and faculty, in developing emergency procedures and emergency management plans to include prevention and/or minimization of dangerous situations which may result from student unrest. 8. Is familiar with District policies and regulations related to safety and student conduct and discipline issues, including the District's Code of Conduct and assists administrators, faculty and staff with violations of such policies, at the School Resource Officer's discretion. Provided, however, that the School Resource Officer shall not be expected or asked to detain or take into physical custody any student who has only violated a District policy or the District's Code of Conduct. It shall be understood 5 and agreed that a School Resource Officer, as a law enforcement officer, can only detain or take into physical custody those students for whom there is reasonable suspicion or probable cause that they have committed a criminal offense. The School Resource Officer shall not be used for regularly assigned lunchroom duties, hall monitoring or other monitoring duties. If there is a problem area, the School Resource Officer may assist the school until the problem is resolved. 9. Is familiar with and abides by all relevant District policies and regulations except to the extent such policies and regulations conflict with his/her responsibilities as a law enforcement officer. 10. Develops a rapport with students and a working relationship with student organizations, faculty, staff members, district administrators, and community members. 11. Coordinates efforts with campus supervisory personnel, i.e., campus supervisors, hall monitors, parking attendants and private security firm personnel. 12. Attends, whenever possible, school or district in-service training as recommended by school administrators or central administrators. 13. Maintains detailed, accurate, and up-to-date records as required by each law enforcement agency, school administrators and central administrators, and submits reports as requested. 14. Works proactively with all law enforcement agencies that serve the District community. 15. Attends parent, faculty, student, administration or other meetings to provide information regarding the School Resource Officer Program and provides opportunities for involvement and support. 16. Works proactively with students, parents, and faculty regarding public safety and uses problem-solving teams and programs to address issues. 17. Provides information regarding community programs so that proper referrals can be made and appropriate assistance accessed. These programs may include mental health clinics, drug treatment centers, etc. The School Resource Officer may make referrals to such agencies when necessary thereby acting as a resource person to the students, faculty, 6 staff, and administrators of schools. Refers students to school counselor as needed. Referral guidelines are determined by the school administrator. 18. Attends, whenever possible, selected school functions as recommended by school administrators. 19: Maintains confidentiality of any information-obtained-pursuant to-Title 19- of the Colorado Childrens Code, and the School Resource Officer shall not disclose the information except as provided by law or court order. 20. Maintains confidentiality of District records and information in accordance with Parts 2 and 3, Article 72 of Title 24, Colorado Revised Statutes, the Family Educational Rights and Privacy Act and District policies. 21. Performs other duties which will promote the purpose of the School Resource Officer Program and which are mutually agreed upon by the District, the City and the Sheriff's Department. ARTICLE III Rights and Duties of the District The District shall provide to the full-time School Resource Officer the following materials and facilities, which are deemed necessary to the performance of the School Resource Officer's duties. A. The School Resource Officer shall be provided an area, which need not be permanent, to conduct matters of confidential business and shall be provided access to records which are deemed necessary by the District. Confidentiality of the records shall be maintained by the School Resource Officer. The School Resource Officer shall confer with school administrators concerning confidentiality of records when necessary. B. The District shall provide for the use of each School Resource Officer a desk and necessary office furniture, a computer and printer and a pager or cellular phone. These items shall be paid for by the District from a portion of the funding for the 1995 fiscal year. 7 ARTICLE IV Financing of the School Resource Officer Program In an effort to combine financial resources and in an effort to enhance manpower as needed, as the program is currently focused, funding for the School Resource Officer Program for the term of this Agreement shall be as follows: Poudre R-1 Poudre R-1 Contribution Contribution Total to to Poudre R-1 Calendar Year Fiscal Year City County Contribution 1994-1995 (startup) 1995 $98,437 $32,813 $131,250 1995-1996 1996 $98,437 $32,813 $131,250 1996-1997 1997 $73,827 $24,609 $98,436 1997-1998 1998 $36,913 $12,304 $49,217 1998-1999 1999 zero zero zero The District shall pay the annual contribution to the City and County as follows: a. One half of the payment for the 1995 fiscal year shall be paid within 10 days after the effective date of this Agreement; provided, however, that a portion of the payment to be made to the City shall be retained by the District and utilized to setup and supply the offices, furniture and equipment set forth in Article III. b. The remaining one-half of the payment for the 1995 fiscal year shall be paid on the date which is midway between the effective date of this Agreement and December 31, 1995. c. The payments for the 1996 and 1997 fiscal years shall be paid one-half on January 1 and one half on July 1 of such years. d. The payment for the 1998 fiscal year shall be paid on January 1, 1998. 8 ARTICLE V Evaluation and Future Funding Prior to June 15 of each year during the term of this Agreement, the parties shall evaluate the effectiveness of the School Resource Officer Program and consider whether modifications to the Program are necessary or advisable to accomplish its purposes. This is a pilot program which the District has undertaken to fund in part for the term of this Agreement. It is the intent of the parties that the Program be continued after the term of this Agreement with the funding for the School Resource Officers to be provided by the City and the County. The parties agree to cooperate and negotiate in good faith in fulfilling the intent of the parties concerning continuation of the Program and future funding of the Program by the City and County. ARTICLE VI Appropriations- The obligations of each party under this Agreement payable after its respective current fiscal year are contingent upon adequate funds for that purpose being budgeted, appropriated and otherwise made available. ARTICLE VII Employment Status of School Resource Officer The School Resource Officer shall remain an employee of the City or the Sheriff's Department, and shall not be an employee of the District. The District, the City and the Sheriff's Department acknowledge that the School Resource Officer is a law enforcement officer who shall uphold the law under the direct supervision and control of the Fort Collins Police Services or Sheriff's Department. The School Resource Officer shall remain responsive to the chain of command of the Fort Collins Police Services in the case of School Resource Officers assigned by the City and the Larimer County Sheriff's Department in the case of the School Resource Officer assigned by the Sheriff's Department. ARTICLE VIII Appointment of the School Resource Officers A. The administration of the District, the administration of the traditional high schools, the Fort Collins Police Services, and the Sheriff's Department shall appoint two members each to a School Resource Officer Personnel Board, which shall have as its sole function the recruitment, 9 interviewing, and evaluation of School Resource Officers. The Personnel Board shall meet as necessary, and shall conduct oral examinations of School Resource Officer applicants. B. School Resource Officer applicants must meet all of the following requirements: 1. The applicant must be a volunteer for the position of School Resource Officer and must indicate a willingness to hold the position for three (3) years. 2. The applicant must be a full-time peace officer, level I, as defined by C.R.S. § 18-1-901(3)(1)(I), with a minimum of three (3) years of law enforcement experience. 3. The applicant will have met the requirements necessary for employment with the Fort Collins Police Services or the Sheriff's Department. 4. The applicant must agree that if hired for the position of School Resource Officer, he/she will not seek a transfer from the position until the end of a school year and that he/she will not schedule time off for vacations and floating holidays during periods when school is in session. C. Among additional criteria for consideration by the School Resource Officer Personnel Board are job knowledge, experience, training, education, appearance, attitude, communication skills, and bearing. D. The names of any applicants receiving a favorable recommendation from the School Resource Officer Personnel Board (which recommendation shall follow only upon a majority vote of the Personnel Board), shall be forwarded to the City Chief of Police or designee, or the Larimer County Sheriff or designee, who shall appoint officers as School Resource Officers from the list of those recommended. ARTICLE IX Dismissal of School Resource Officers; Replacement A. In the event the school administrator of the school to which the School Resource Officer is assigned (or in the case of the School Resource Officer assigned by the Sheriff's Department, an administrator appointed by the District), believes that the particular School Resource Officer is 10 not effectively performing his/her duties and responsibilities, the administrator shall recommend to the District's Assistant Superintendent for Instruction and Executive Director of Business Operations that the School Resource Officer be removed from the program, and shall state the reasons therefor in writing. Within ten (10) working days after receiving the recommendation from the administrator, the Assistant Superintendent for Instruction or designee shall advise the Chief of Police or designee, or the Larimer County Sheriff or designee of the administrator's request. If the Chief of Police or the Larimer County Sheriff so desires, the Assistant Superintendent for Instruction and the Executive Director of Business Operations or designee(s) shall meet with the School Resource Officer, the Chief of Police or designee or the Larimer County Sheriff or designee to mediate or resolve any problems which may exist. At such meeting, specified school staff members may be required to be present. If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated, or in the event mediation is not sought by the Chief of Police or the Larimer County Sheriff, then the School Resource Officer shall be removed from the program. B. The Chief of Police or the Larimer County Sheriff may dismiss or reassign a School Resource Officer based upon department rules, regulations, and/or department directives, or when it is in the best interests of the Fort Collins Police Services or the Sheriff's Department. C. In the event of resignation, dismissal, or reassignment of a School Resource Officer, or in the case of long-term absences by a School Resource Officer, the City or the Sheriff's Department shall provide a temporary replacement for the School Resource Officer within thirty (30) school days of receiving notice of such absence, dismissal, resignation, or reassignment. As soon as practicable, the Personnel Board shall recommend a permanent replacement for the School Resource Officer position. D. A School Resource Officer may be transferred from his/her position, for administrative reasons, during the school year at the discretion of the Chief of Police or the Larimer County Sheriff. School Resource Officers requesting a transfer to another position must do so at the end of the school year, and said request must be in writing. Transfer request decisions shall be made at the discretion of the Chief of Police or the Larimer County Sheriff or their designees. 11 I ARTICLE X Termination of Agreement This agreement may be terminated by any party by giving ninety (90) days prior written notice to all other parties that any other party has failed to substantially perform in accordance with tiro terms-and-conditions-of'this-Agreement. This Agreement may be terminated without cause by any party giving 180 days prior written notice to all other parties. ARTICLE XI Notices Any and all notices or any other communication herein required or permitted shall be deemed to have been given when personally delivered or deposited in the United States postal service as regular mail, postage prepaid, and addressed as follows or to such other person or address as a party may designate in writing in accordance with this Article: To the District: Superintendent of Schools Poudre School District R-1 2407 LaPorte Avenue Fort Collins, Colorado 80521-2297 President Poudre School District R-1 Board of Education 2407 LaPorte Avenue Fort Collins, Colorado 80521-2297 To the City: Chief of Police Fort Collins Police Services 300 LaPorte Avenue Post Office Box 580 Fort Collins, Colorado 80522-0580 12 City Manager City of Fort Collins 300 LaPorte Avenue Post Office Box 580 Fort Collins, Colorado 80522-0580 To the Sheriff's Department: Sheriff Larimer County Sheriff's Department 200 West Oak Street Post Office Box 1190 Fort Collins, Colorado 80522 To the County: County Manager Larimer County 200 West Oak Street Post Office Box 1190 Fort Collins, Colorado 80522 ARTICLE XII Good Faith The parties, their agents, and employees agree to cooperate in good faith in fulfilling the terms of this Agreement. The parties agree that they will attempt to resolve any disputes concerning the interpretation of this Agreement and unforseen questions and difficulties which may arise in implementing the Agreement by good faith negotiations before resorting to litigation. ARTICLE XIII Modification This document constitutes the full understanding of the parties, and no term, condition, understanding or agreement purporting to modify or vary the terms of this Agreement shall be binding unless hereafter made in writing signed by the affected parties. 13 ARTICLE XIV Non-Assignment This Agreement, and each and every covenant herein, shall not be capable of assignment except with the prior written consent of all parties. ARTICLE XV Merger This agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. ARTICLE XVI Effective Date This Agreement is effective upon the date of the last party to sign. ARTICLE XVII Counterparts This Agreement may be signed in counterparts, and each counterpart shall be deemed an original, and all the counterparts taken as a whole shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers. 14 POUDRE SCHOOL DISTRICT R-1 BOARD OF EDUCATION By: Date President ATTEST: Secretary CITY OF FORT COLLINS By: Date Mayor ATTEST: City Clerk DATE: APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY Date Larimer County Sheriff LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS By: Date Chair ATTEST: Deputy Clerk DATE: APPROVED AS TO FORM) ASSISTANT COUNTY A TORNEY 15