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HomeMy WebLinkAbout23-162 Resolution No. 23-162 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND THE BOARD OF EDUCATION OF SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with the Board of Education of School District U-46,for school resource officers, a copy of which is attached hereto and made a part hereof by reference. _s/David J. Kaptain David J. Kaptain, Mayor Presented: August 9, 2023 Adopted: August 9, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR A SCHOOL RESOURCE OFFICER This Agreement is entered into this 9th day of August ,by and between the City of Elgin, Illinois, a municipal corporation (the "Municipality") and the Board of Education of School District U-46 (the "District"). Collectively,the Municipality and the District may be hereinafter referred to as the"Parties". WHEREAS, the District desires to have, on a contract basis, School Resource Officers ("SROs") detailed to the District's Schools;and WHEREAS, the Municipality is willing to provide such SROs in exchange for the payment outlined in this Agreement;and WHEREAS, both the 1970 Illinois Constitution, (Article VII, Section 10) and the Intergovernmental Cooperation Act,5 ILCS 220/1 e1 seq.,authorize and encourage intergovernmental cooperation;and WHEREAS, both the Municipality and the District are interested in promoting the safety and security of the staff, students and school premises in the District;and WHEREAS, the Municipality and the District have previously entered into Intergovernmental Agreements regarding the same subject matter as this Agreement, and the parties hereto intend that all such previous Intergovernmental Agreements regarding the subject matter hereof are hereby terminated, and that this Agreement shall supersede and supplant any and all such prior Intergovernmental Agreements between the parties hereto regarding the subject matter hereof. NOW, THEREFORE, in consideration of' the promises, covenants, terms and conditions set forth in this Agreement,the parties hereto agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth herein. SECTION 2.TERM The services under this Agreement shall commence on August 14, 2023 and continue in full force and effect until June 5,2024. SECTION 3. PURPOSE • The purpose of the SRO Program is to facilitate, promote, and help maintain a safe,secure,and nurturing school learning environment that is flexible in ineeting the academic, social, and emotional needs of each student. • By establishing a working relationship with school personnel, a cooperative effort to prevent juvenile delinquency is formed. • It is the responsibility of District teachers and other District educators to respond to inappropriate student behavior in a way that supports personal growth and learning opportunities for all students. • It is further the goal of the District that school discipline be administered through the Student Code of Conduct focusing on keeping students within the classroom setting. • School-based infractions shall be addressed primarily by using student-based interventions that improve school safety and academic performance for all legs. classroom interventions, counseling services. restorative justice, peer mediation, etc.). and not focused primarily on using exclusionary, punitive measures,or arrests. • The Municipality and District, in order to ensure an efficient and cohesive SRO program, will build a positive relationship between law enforcement, students. and school employees.The goal of the program is to reduce crime, create a safe school environment, and provide a law enforcement resource to school administrators,teachers,and students. Page 1 of 8 SECTION 4.OBLIGATIONS AND RESPONSIBILITIES OF THE MUNICIPALITY THROUGH ITS POLICE DEPARTMENT 4.0 Provide Police SROs to the District for Interview • if and when the position of SRO is vacant, the Municipality's Police Department ("Police Department") will provide to the District qualified candidates to interview. The selection process will include a collaborative interview process of the qualified applicants by the school and District administration,and the Police Department administration. • After the interview process, the District shall provide the Municipality their order of preference in candidates. The final selection shall be made by the Municipality's Chief of Police in her/his sole discretion.The Police Department candidates must have the following training and qualifications: A. Special interest and understanding of juveniles, Juvenile Law, constitutional protections, and their problems and concerns; B. Strong,effective leadership abilities; C. Positive and proactive attitude, excellent interpersonal and problem-solving skills, ability to resolve conflicts,and excellent verbal and written communication skills; D. Self-motivated,and an ability to work with minimal supervision; E. Ability to interact effectively and productively with the Police Department,courts,school staff,students and parents; F.Experience in and knowledgc of drug and gang awareness; G.Non-probationary police officer; H. Excellent attendance record. 4.0.1 Training and Professional Development A. The Municipality shall be responsible for the training standards of the SRO's assigned to the schools as established by the Illinois Law Enforcement Training Standards Board under 50 ILCS 705/10.22. The Municipality shall provide to the School District a certificate of completion,or approved waiver, issued by the Illinois Law Enforcement Training Standards Board under Section 10.22 of the Illinois Police Training Act[50 ILCS 705/10.221 indicating that the subject officer has completed the requisite course of instruction in the applicable subject areas within one year of assignment, or has prior experience and training which satisfies this requirement. B. The District shall provide a minimum of three professional development training sessions for SROs each year.These training sessions are required by all SROs annually: 1) Crisis Prevention Institute (CPI) Non-Violent Crisis Intervention foundational course Modules 1,2,3,4,7 and 8,(not including any physical safety or physical holds/restraints-Modules 5 and 6).This is a 6 hour professional development course used for U-46 staff.The purpose of this training for SROs is to develop common language, common awareness, and common response familiarity when U-46 staff and SROs respond to student escalations. a. This course will be provided in August of each school year by a U-46 CPI Certified Instructor coordinated by the School Safety Department. 2) Student Special Needs Awareness in Autism and Special Education.This professional development will be provided by the U-46 Student Specialized Services department and includes all overall awareness and situational understanding of students with special needs. This training session will be 2.5 hours and be provided by a U-46 professional from the Student Specialized Services department. 3) Professional Development in line with 105 ILCS 5/10-22.6(c-5) concerning the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies. culturally responsive discipline, the appropriate and available supportive services for the promotion of student attendance and engagement, and developmentally appropriate disciplinary methods that promote positive and healthy school climates. 4.1 Organizational Relationships: • The Muncipality shall assign to the District on a full-time basis the officer chosen to act as the SRO. • The SRO shall report to the school's principal and assistant principal. • The SRO shall remain an employee of the Municipality and all personnel rules applicable to the Municipality police officers shall continue to apply to the SRO, and the SRO will at all times abide by all personnel rules of the Municipality. • The Municipality shall be fully responsible for all employee-related obligations. Page 2of8 4.2 Duties and Responsibilities of SRO • The duties and responsibilities of the SRO assigned to the District shall include, but not be limited to,the following: A. SROs act in the role of law enforcement officer but shall not enforce school rules or policies or become involved with matters that are strictly school discipline issues. B. Promote safety in and around the school by reducing crime and fear of crime,and by coordinating both parties' efforts to provide a safe and nurturing school learning experience that is flexible in meeting the academic,social,and emotional needs of each student. C. Violence prevention activities with students and led by students. 1) SROs will serve in a support role and participate in violence prevention activities that are developed by school administrators and teachers,in an effort to develop and enhance student voice and student leadership in violence prevention and violence prevention activities. Examples of programs that work to enhance these activities, and are supported by U-46 District Administration, are: the Sandy Hook Promise program, the Start with Hello program (Bullying prevention, relationship building,climate and culture),and Say Something(for violence prevention). D. Run, Hide, Fight - School Safety Law Enforcement Drills based on FEMA 1S-907: Active Shooter, What You Can Do.The SRO will: 1) Serve as their assigned school's point of contact for school safety drills, attending all Run, Hide, Fight school safety drills,providing afler-action feedback to principals,school administration and staff. 2) Serve as the liaison between the school administration and the Municipality for any training, pre-planning,response planning and coordination with the District's Safety Department. E. Provide information and give presentations to students, staff and parents to support and empower schools to be welcoming centers of family and community engagement. F. Appear and testify in court proceedings and school suspension review and expulsion hearings as necessary, unless said appearance and/or testimony would interfere with any pending or reasonably contemplated law enforcement proceedings and/or criminal investigation. G. Be proactive in identifying and addressing patterns of delinquency,street gang membership and activity and problem areas around the school to strive toward prevention,operational excellence and efficiency. H. Assist school personnel with managing escalated and agitated individuals, crowd control and vehicle traffic patterns to strive toward prevention,operational excellence and efficiency. 1. Maintain open communication with school personnel in an attempt to identify individuals or conditions that could result in delinquent behavior,formulate prevention plans and identify proactive solutions. J. Maintain and report to the District a record of reported criminal incidents and arrest activities for the specific school designated for the reporting officer. K. Perform all duties in connection with this Agreement according to the School District's policies concerning nondiscrimination and anti-harassment. 4.3 District and Municipality to agree on Modifications to Duties and Responsibilities • The District retains the right to add,delete,and update essential job duties and responsibilities as necessary, subject to approval of the Municipality. 4.41 evel of Service • Based upon the operational needs of the Police Department in any unusual circumstances as determined by the Chief of Police, the level of service provided to the District under this agreement shall be at the discretion of the Chief of Police with adjustments in payments on a pro rata basis by the District accordingly. 4.5 Additional Services • Any and all necessary backup services, including equipment and personnel,required to assist SROs in the performance of their obligations under this Agreement shall be at the sole discretion and control of the Chief of Police of the Municipality. 4.6 Crime Reports and Notification of Arrest or Law Enforcement Action • SROs are required to submit a monthly crime report to the Coordinator of School Safety, which includes reported crimes that occurred on school property. • Unless exigent circumstances exist, if the SRO or police officer working in the absence of the SRO under this agreement,arrests a student for a school offense, the SRO will report that arrest or law enforcement action to the school principal: • Unless exigent circumstances exist, if the SRO or police officer working in the absence of the SRO under this agreement, arrests a District school employee or contracted employee for an offense related to their duties as employees or contracted employees of the School District. the SRO or police officer working in Page 3 of 8 the absence of the SRO under this agreement, will report that arrest or law enforcement action to the school principal or to the Coordinator of School Safety. SROs who are equipped with a body-worn camera (BWC) will utilize the BWC during the course of their official duties when on U-46 property as required by law. If an SRO turns on their BWC during the course of their official duties while at the school,the SRO shall promptly notify their school principal.The principal will ensure the District's student record system correctly documents the behavior incident and the BWC indicator is marked properly by entry of the behavior event in the District's student information system and checking the BWC box to indicate that a BWC video exists.Any such film or video taken by,and kept in the possession of the Municipality/Police Department may be considered law enforcement records under the Family Educational Rights and Privacy Act(FERPA)(20 U.S.C. §1232g and 34 C.F.R. §99.8)and Ill. School Student Records Act (ISSRA)(105 ILCS 10/2(d)). Any copy of such film or video, if permitted by law to be provided to the District, may become an educational record of the District. In the event a student parent/guardian requests their student records,the BWC indicator will be reported to the parent/guardian and the school administration will direct the Parent/Guardian to the Police Department to submit a request for records pursuant to the Freedom of Information Act if the parent/guardian so chooses. SECTION 5.OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES FOR SRO COMPENSATION 5.1 Payment • The District shall reimburse the Municipality for the cost of officers assigned to schools as provided for herein. • Upon the selection of any officer, the Municipality shall provide the District with a statement in a form substantially similar to Exhibit A,attached hereto and made a part hereof,setting forth the cost of the SRO as a non-probationary police officer's salary. 5.2 Overtime costs • The District further agrees to only pay the overtime cost incurred by the Municipality wherever a principal or district administrator requests the SRO for school sponsored events/activities. Said overtime costs will be the responsibility of the District. An hourly overtime rate is included in Exhibit A.All overtime hours must first be approved by the school's principal or the Coordinator of School Safety and the Police Department. Oral requests for overtime services made less than 24 hours before the commencement of the overtime shall constitute District approval of the overtime hours; all other requests for overtime shall be in writing and delivered to the SRO more than 24 hours in advance of the commencement of the overtime work. District will not pay unapproved overtime. 5.3 Overtime Reports • All SROs will submit overtime reports on a weekly basis to the respective principals or the Coordinator of School Safety for approval on the District's designated form for accounting purposes. The SRO will also complete a Municipality overtime form and submit the same for his/her supervisors for approval. 5.4 Invoices • The Municipality will pay the SRO's costs as agreed upon and shall invoice the District in 10 monthly increments for District financial obligations as set forth above. 5.5 Billing • The Municipality will bill the District on a monthly basis for all overtime costs. SECTION 6.ACCOMODATIONS • The District will provide office space and the following commodities necessary to accomplish the objectives set forth above: Private office, District computer with access codes, District office phone, District view capability of camera systems, Key Fob for the Electronic Access Control System, login for camera appropriatehrecessary interior and exterior access, VLAN and IP based access through the District computer network that allows the SRO access to municipal computer systems,District administrative level access on District Internet access to conduct investigations, and a District two-way radio with frequencies for all District schools and District area wide networks. SECTION 7.STAFFING • The Municipality will assign police SROs to serve as an SRO for the school calendar year, of which they shall work eight(8)hours per school day. • The Municipality will assign SROs to the following schools and/or assignments: Page 4 of 8 Larkin High School Kimball Middle School Ellis Middle School Elgin High School Abbott Middle School Dream Academy/Central Schools Larson Middle School SECTION 8.ABSENCE OF EMPLOYEES • In the event of the unavailability of any SRO due to sickness, injury, use of benefit time, or any other reason;such SRO shall be temporarily replaced by another Municipality police employee as determined by the Chief of Police at no additional cost to the District. • The SRO may be required to attend training sessions during a duty day. • Training sessions will be scheduled on school professional development days, institution days and school holidays,when possible. • In the event of any absence or other unavailability of any assigned SRO, any replacement shall be trained pursuant to section 4.0.1 of this agreement. • In the event an assigned SRO is unavailable,the Municipality shall provide prompt notice to the applicable school as to the nature of the absence,the expected duration,and the identity of the replacement SRO. SECTION 9.TERMINATION • Either party may terminate this Agreement at any time by providing the other party with at least 6 months prior written notice of such termination. In addition,the parties may terminate this Agreement by mutual consent and agreement. In the event of emergency, safety issue, or any other condition that constitutes a substantial threat to the health or safety of students, employees or others at the school or District, as determined by the District in its sole reasonable discretion, the District may immediately suspend this Agreement until such condition has been remedied to the District's satisfaction. SECTION 10. INDEMNIFICATION 10.1 District Indemnification,Generally • The District shall and hereby does indemnify and hold harmless the Municipality, its officials, officers, agents, employees and assigns against any claims, demands, loss,costs and expenses, excluding attorney's fees for the defense thereof, arising from or in connection with the activities contemplated hereunder, provided that said claims, demands, costs and expenses have not been caused by the negligence or willful and wanton misconduct of the SROs,the Municipality, its officers or employees. 10.2 Municipality Indemnification,Generally • The Municipality shall and does hereby indemnify and hold harmless the District, its employees,volunteers and agents against any claims,demands, loss,costs and expenses,excluding attorney's fees for the defense thereof, arising from or in connection with the negligence or willful and wanton misconduct of the SROs, the Municipality, its police department or its employees provided that said claims, demands, costs and expenses have not been caused by the negligence or willful and wanton misconduct of the District, its employees,volunteers,and/or agents. 10.3 Duties and Benefits • Notwithstanding any provisions herein to the contrary,this Agreement is entered into solely for the benefit of the contracting parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person and entity who is not a party to this Agreement or to acknowledge,establish or impose any legal duty to any third party.Nothing herein shall be construed as an express and/or implied waiver of any common law and/or statutory immunities and/or privileges of the District and/or the Municipality and/or any of' their respective officials, officers, employees,volunteers and or/agents. 10.4 Defenses • Notwithstanding any provisions herein to the contrary, the insurance company, self-insurance pool, risk pool provider, self-insured party, or similar entity of the party providing the indemnification shall be allowed to raise, on behalf of the other party, any and all defenses statutory and/or common law to such claim or action which the other party might have raised, including but not limited to any defense contained within the Illinois Governmental and Governmental Employees Tort Immunity Act, 75 ILCS 10/1-101 el seq. Page 5 of 8 SECTION IL STUDENT RECORDS 11.1 School Records,Generally • All records maintained or created by the school or its students shall be the sole property of the District and shall be maintained at the District in accordance with all applicable State and federal laws and regulations. • The parties further agree to comply with all State and federal laws and regulations governing the release of these records. In addition,the Municipality and any person handling such records on its behalf shall comply with the Illinois School Student Records Act, 105 ILCS 10/1 el seq.; the Freedom of Information Act, 5 ILCS 140/l,et seq.;and all corresponding regulations to the extent applicable. 11.2 Municipal Records,Generally • All records maintained or created by the Municipality's Police Department shall be the sole property of the Municipality and shall be maintained by the Municipality in accordance with all applicable State and Federal laws and regulations. The parties further agree to comply with all state and federal laws and regulations, including a reciprocal reporting memorandum of understanding, if applicable, governing the release of these records. SECTION 12.GENERAL PROVISIONS 12.0 Amendment • Any terms or conditions of this Agreement may be deleted or altered only by written agreement to this Agreement,duly executed by the Municipality and the District. 12.1 Severability • if any provision of this Agreement shall be held or deemed to be, or shall in fact be inoperative or unenforceable in any particular case or in all cases for any reason, this shall not render the provision in question inoperative or unenforceable in any other case or circumstances, or render any other provisions herein contained invalid,inoperative,or unenforceable to any extent whatever. • The invalidity of any one or more phrases,sentences, clauses or sections contained in the Agreement shall not affect the remaining portions of the Agreement or any part thereof. 12.2 Interpretation • Any headings of the Agreement are for convenience of reference only and do not define or limit the provisions thereof: • Words of gender shall be deemed and construed to include correlative words of other genders. • Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. • All references to any such person or entity shall be deemed to include any person or entity succeeding to the rights, duties, and obligations of such person or entity succeeding to the rights, duties, and obligations of such person or entity in accordance with the terms and conditions of the Agreement. 12.3 Assignment/Binding Effect • Neither party hereto may assign their respective rights and duties hereunder except upon prior written consent of the other party. • This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 12.4 Waiver of Breach • If either party waives a breach of any provision of this Agreement by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions, 12.5 Merger Clause,Amendment • This Agreement sets forth all of the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements,express or implied.oral or written.No amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties hereto. 12.6 Compliance with All Laws • The Municipality and the District shall at all limes observe and comply with the laws, ordinances, regulations and codes of federal, State, county and other local government agencies, which may in any manner affect the performance of this Agreement. 12.7 Governing Law • This agreement shall be subject to and governed by the laws of the State of Illinois. • Venue for file resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Co1111 of Kane County.Illinois. Page 6 of 8 12.8 Disclaimer of Relationship • Nothing contained in this Agreement, nor any act of the Municipality or the District, respectively, shall be deemed or construed by any of the parties hereto or by third persons, to create any relationship of a third - party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving the Municipality or the District respectively. 12.9 Execution • This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. • For the purposes of executing this agreement, any signed copy of this agreement transmitted by email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by email shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. • At the request of either party any email copy of this agreement shall be re -executed by the parties in an original form. No party to this agreement shall raise the use of e-mail as a defense to this agreement and shall forever waive such defense. 12.10 Notice ■ Any and all notices required to be delivered hereunder shall be deemed delivered when and if personally delivered, or mailed by registered or certified mail, return receipt requested, postage prepaid (or sent by a recognized overnight courier service with instructions and payment for delivery on the next business day) to the parties as set forth below; If to the District: Superintendent, School District U-46, 355 East Chicago Street, Elgin, IL 60120-6543 If to Municipality: Chief of Police, Elgin Police Department, 151 Douglas Ave., Elgin, 1L. 60120 Either party hereto may change the names and address of the designee to whom notice shall be sent by giving written notice of such change to the other party hereto in the same manner as all other notices are required to be delivered hereunder. Notice as provided herein does not waive service of summons or process. MUNICIPALITY: CITY OF ELGIN U-46 SCHOOL DISTRICT: Board of Education $uS.4__n_J_ KEkR. Rr: h; I, City N7t,miccr School Board President - itrmluiir Signature August 9, 2023 D11te A'rTEST- Eery Clerk Signauire August 9, 2023 Date q/ 11 Z 3 Date r h,9L-0 4M tier„ul [Su71d Sccrcian 17nto� l ( ( z°23 Legal Dept\Aeiecment\Schnnl DISII IC[ t1- 16-Sc11001 RC.SLA11CC 0111cei Agr-4-19-21 Clean does Page 7 of 8 EXHIBIT A: COST WORKSHEET 2022-2023 POLICE DEPARTMENT NAME Number of Number Annual f Cost Number of School Officers Provided. Total Cost of Officers for Schools. sys�z For Billing Purposes.(Sept.through June) Overtime Hourly Rate for SRO for Budgeting. / 00 Page 8 of 8