School Resource Officer - 2005
RESOLUTION NO. 2005 - 1
COUNCILMEMBER ABBOTT 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 ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFF AR. UPON
ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, F ANOELE,
WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS NONE
VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 11 TH DAY OF JANUARY, 2005.
CITY OF BLAIR, NEBRASKA
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JA ' E. REALPH, MA YOR -'~'"
ATTEST:
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BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) : ss :
WASHINGTON COUNTY )
BRENDA R. 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 11 th
day of January, 2005.
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BRENDA R. WHEELER, CITY CLERK
SCHO L 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 \A(ashington 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, 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 1 st day of January 2005 and shall
continue until August 31,2005 and then automatically renewed on an annual
basis unless 30 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 a SRO on days that school is in session, (except for
illness). The School districts shall provide the City of school calendar on or
before July 1 st of each year.
2.3 The School District may request, and the City shall provide, a SRO at each
school for the fall orientation.
2.4 The School District may request, and the City shall provide SRD's for
summer school programs, which shall not exceed thirty (30) summer school
days.
2.5 During days that schoo.ls are not in session, a SRD 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 employees 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 SRD 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 SRG.
3.4 Both parties recognize that student records may not be released to the SRD
pursuant to R.R.S. 7-2,104.
3.5 Each party to this agreement shall be required to exercise their own
independent judgment, under their respective standards, regarding
searches.
3.6 The parties, though their respective administrators shall, not less than semi-
annually, evaluate the program.
3.7 The SRD shall be a member on the District Safety Committee.
3.8 The City will allow and encourage the SRD to participate as a witness in all
school disciplinary proceedings arising out of his duties or presence on District
premises as an SRD.
4. SCHOOL RESOURCE OFFICER SELECTION, TRANSFER AND
REMOV AL.
4.1 The Blair School District and the City will participate on the Selection Panel to
recommend a SRD appointment. The Chief of Police will make all
assignments.
4.2 If the School District is dissatisfied with the periormance of the SRD,
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 SRD will be reassigned to other duties within the Police
Department. The City agrees to use reasonable efforts to find a replacement
SRD. 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 a SRO based on Department guidelines
and/or General Orders, and in compliance with the all contracts, 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 SRD, 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
departments' mission.
5. SCHOOL RESOURCE OFFICER 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 tobacco, alcohol, and other drug issues, and
addressing violence diffusion, violence prevention and safety issues in the
school.
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 on issues related to tobacco, alcohol, and other
drugs, violence prevention, and safety and security.
5.5 Provide informational in-services for staff on issues related 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 a disruptive influence 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 SRD will take the appropriate law
enforcement action, consistent with a police officer's duty. As soon as
practicable, the SRD shall make the principal of the school aware of such
action. At the principal's request, the SRD shall take appropriate law
enforcement action against intruders and unwanted guests who may appear
at the school and related school functions, to the extent that the SRD may do
so under the authority of law. Whenever practicable, the SRD 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 SRD 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
SRD and the SRD shall then determine whether law enforcement action is
appropriate.
5.10 The SRD 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 officer or the City beyond the general duties that exist for law
enforcement officer within the state. ..
6. COSTS.
6.1 The District will pay a per diem rate for each day (defined as 8:00 a.m. to 4:00
p.m.) the SRD is performing the duties of the SRD 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 187.
6.2 The City and School District agree to an annual commitment to this agreement,
with an automatic renewal unless either party gives written notice within 30
days of termination date.
6.3 The District will not pay the City for:
6.4a overtime;
6.4b 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 SRD's compensation on days when
schools are session and the officer is not at his assignment, unless the SRD's
absence is due to attending an off campus activity at the school's request.
6.5 The City shall be responsible for the SRD's compensation on all holidays,
vacation days, or sick leave days.
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 PERFORMANCE.
7.1 City will assure that the SRD will be on the campus each day that school is in
session (except for illness) during the regular school year. The SRG's
activities will be restricted to the assigned school campus except for:
7.1 a Follow-up home visits when needed as a result of school related
student problems.
7 · 1 b School related off-campus activities when the principal requests officer
participation.
7.1 c Response to off-campus, but school related criminal activity.
7 · 1 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 SRD's supervisor. These adjustments should be approved prior to
the change and should be to cover scheduled school related activity requiring
the presence of law enforcement officer.
8. DISTRICT RESPONSIBILITIES.
8.1 The District will provide the SRD with access to an office and such equipment
as is necessary at the school. This 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
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School District #1 Washiflgton County Nebraska
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