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School Resource Officer - 2017RESOLUTION NO. 2017 - 31 COUNCILMEMBER SHEPARD INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Interlocal Agreement between the City of Blair, Nebraska, and the Blair Public School District No. 1 of Washington County, Nebraska has been prepared and presented to the City Council, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER SHEPARD MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ANDERSEN. UPON ROLL CALL, COUNCIL MEMBERS JENSEN, HALL, ANDERSEN, WOLFF, WILLIS, HANSEN, STEWART, SHEPARD VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY', THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF AUGUST, 2017. CITY OF BLAIR, NEBRASKA BY42 JAI ALPH, MAYOR ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 22nd day of August, 2017. BRENDA WHEELER, CITY CLERK SCHOOL RESOURCE OFFICER PROGRAM MEMORANDUM OF UNDERSTANDING This agreement is entered into between the City of Blair, hereinafter referred to as the "City", and School District #1 of Washington County, Nebraska. For and in consideration of the mutual promises, terms, covenants, and conditions set forth herein, the parties agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for the City to assign one uniformed police officer and a marked police car to the Blair Public School District, for the School Resource Officer Program. The School Resource Officer, hereinafter referred to as "SRO", will work with the school principal(s) to provide alcohol and drug education, safe social networking practices, maintain a peaceful campus environment, and take appropriate action regarding on -campus or school -related illegal activity. 2. TERM: 2.1 This Agreement shall be effective on the 23nd day of August 2017 and shall continue indefinitely and automatically renew on an annual basis unless 90 -day written notice is given prior to renewal date or sooner termination as provided herein or by further agreement of the parties. 2.2 The City shall provide an SRO on days that school is in session (except for illness and training). The school District shall provide the City a school calendar on or before August 1St of each year. 2.3 The School District may request and the City shall make available the SRO for fall orientation at each school. 2.4 The SRO will do road patrol duty in June and July. 2.5 During days that school is not in session, an SRO is subject to other assignments as determined by the City. 3. RELATIONSHIP OF PARTIES: 3.1 The City shall have the status of an independent contractor for the purposes of this Agreement. The SRO assigned to the School District is an employee of the City and shall not be considered an employee of the School District and shall be subject to departmental control, supervision, policies, procedures, and General Orders. 3.2 Compensation and fringe benefits shall be paid directly by the City and shall be in accordance with the City of Blair's policies as established for its employees. The City shall maintain appropriate Worker's Compensation and Unemployment Insurance coverage for each police officer. 3.3 The SRO will be subject to current procedures in effect for Blair Police Officers, including attendance at all mandated training and testing to maintain state peace officer certification. This training and certification takes place throughout the year and will necessitate the absence of the SRO. 3.4 Each party to this agreement shall be required to exercise their own independent judgment, under their respective standards, regarding searches. 3.5 The parties through their respective administrators shall, not less than semi-annually, evaluate the program 3.6 The SRO shall be a member of the District Safety Committee. 3.7 The City will allow and encourage the SRO to participate as a witness in all school disciplinary proceedings arising out of his duties or presence on District premises as an SRO. 4. SCHOOL RESOURCE OFFICER SELECTION TRANSFER, AND REMOVAL 4.1 The Blair School District and the City will participate on the Selection Panel to recommend an SRO appointment. The Chief of Police will make assignments. 4.2 If the School District is dissatisfied with the performance of the SRO, representatives for the School District and the City shall meet and attempt to resolve the performance deficits. If after said meeting either party remains dissatisfied, the SRO will be reassigned to other duties within the Police Department. The City agrees to use reasonable efforts to find a replacement SRO. However, if the City is unable to replace the SRO within a reasonable period of time, either party may terminate this Agreement by giving written notice to the other. 4.3 The Chief of Police may reassign an SRO based on Department guidelines and/or General Orders, and in compliance with all contacts, when it is in the best interest of the City. 4.4 In the event of a resignation, retirement, dismissal, or reassignment of an SRO, in the case of long-term absences by an SRO, the Chief of Police shall provide a temporary replacement for the SRO within thirty (30) school days of receiving notice of such absence, dismissal, resignation, or reassignment if this does not present an undue hardship on the effectiveness of the Department's mission. 5. SCHOOL RESOURCE OFFICE RESPONSIBILITIES: 5.1 Work in concert with the school principal(s), or the school designate, meeting with the principal(s) on a weekly basis. 5.2 Provide instruction addressing topics including, but not limited to tobacco, alcohol, and other drug issues, and addressing violence diffusion, violence prevention, and safety issues in or out of the school (e.g. social networking). 5.3 Act as a communication liaison with law enforcement agencies and provide basic information concerning students on the campus served by the officer. 5.4 Present programs to parents and/or students on topics including, but not limited to tobacco, alcohol, and other drugs, violence prevention and safety and security. 5.5 Provide informational in -services for staff on topics including, but not limited to alcohol and other drugs and the law, violence, gangs, safety, and security. 5.6 Gather information regarding potential problems such as criminal activity, gang activity, and student unrest and attempt to identify particular individuals who may be disruptive to the school and/or students. 5.7 Assist in maintaining order and enforcing school policies on.school property. In conjunction with school officials, the SRO will take appropriate law enforcement action, consistent with a police officer's duty. As soon as practicable, the SRO shall make the principal of the school aware of such action. At the principal's request, the SRO shall take appropriate law enforcement actions against intruders and unwanted guests who may appear at the school and related school functions, to the extent that the SRO may do so under the authority of law. Whenever practicable, the SRO shall advise the principal before requesting additional police assistance on campus. 5.8 Refer students and/or their families to the appropriate agencies for assistance when need is determined. 5.9 The SRO shall not act as a school disciplinarian. However, if the principal believes an incident is a violation of the law, the principal may contact the SRO, and the SRO shall then determine whether law enforcement action is appropriate. 5.10 The SRO can perform other duties as may be mutually agreed upon by the City and the District. Provided further that nothing required herein is intended to or will constitute a relationship of duty for the assigned police office or the City beyond the general duties that exist for law enforcement officers within the state. 6. COSTS: 6.1 The District will pay a per diem rate for each day (defined as 7:30 a.m. to 4 p.m. With a 30 -min. lunch) the SRO is performing the duties of the SRO as provided herein. The per diem rate will be equal to one-half of the total annual cost of wages and benefits payable to the SRO divided by 186. The city will provide a timesheet to the District with each billing invoice. 6.2 The City and the School District agree to an annual commitment to the agreement, unless with an automatic renewal, either party gives written notice within 90 days of termination date. 6.3 The District will not pay the City for: a. Overtime b. Non -school related expenses related to or resulting from law enforcement -related activities, such as criminal investigations and responses to gang fights, assaults, arson, or court appearances. 6.4 The City shall be responsible for the SRO's compensation on days when schools are in session and the officer is not at his assignment, unless the SRO's absence is due to attending an off -campus activity at the school's request. 6.5 The City shall be responsible for the SRO's compensation on all holidays, vacation days, or sick leave. 6.6 The City agrees to pay all other costs, including training and certification, unless such training is requested or mandated by the School District. 7. TIME AND PLACE OF PERFORMANCES: 7.1 The City will assure that the SRO will be on the campus each day that school is in session (except for illness and training days) during the regular calendar year. The SRO's activities will be restricted to the assigned school campus except for: a. Follow-up home visits when need as a result of school -related student problems. b. School -related off -campus activities when the principal requests officer participation. c. Response to off -campus, but school -related criminal activity. d. Response to emergency law enforcement activities or court appearances. 7.2 Regular working hours may be adjusted on a situational basis with the consent of the SRO's supervisor. These adjustments should be approved prior to the change and should be to cover scheduled school -related activity requiring the presence of a law enforcement officer. 8. DISTRICT RESPONSIBILITIES: 8.1 The District will provide the SRO with access to an office and such equipment as is necessary at the school. The equipment shall include, but not limited to a telephone, fax, copier, filing space capable of being secured, and access to a computer and/or secretarial assistance. City of Blair School Distr't#1 ofshin ton County, Nebraska Bhp