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