NAMPA SCHOOL DISTRICT NO. 131 SCHOOL RESOURCE OFFICER AGREEMENT RECITALS:

Transcription

1 NAMPA SCHOOL DISTRICT NO. 131 SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT is made effective the 1 st day of July, 2015, by and between the City of Nampa, Idaho, hereinafter referred to as "the City," and Nampa School District No. 131, Nampa, Idaho, hereinafter referred to as "the District." RECITALS: WHEREAS, the District desires increased law enforcement from the City through the City's police department; and WHEREAS, the City and the City's police department desire to provide increased law enforcement services to the District; and WHEREAS, the parties recognize then mutual interest can be furthered through the use of the City's police department School Resource Officer Program; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. INTERPRETATION OF BENEFIT: This Agreement shall be the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor and not employer/employee, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in any way nor for any purpose become a partner, agent, joint venture, servant, or employee of the other. 2. BASIC SERVICES: The City, through the City's police department, shall provide School Resource Officer (SRO) services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and, where possible, preventing crimes against

2 persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; maintain building security, controlling traffic, and enforcing traffic laws (but not parking rules) during school hours. The scope of the SRO's responsibility shall be governed by the Nampa Police Department Standard Operating Procedures Manual (hereinafter "Manual") general statement of duties. It is understood that the City's police department is not required to provide traffic control services for special events held on any campus under the control of the District, nor is it required to provide additional personnel for those purposes. Additional services for special events are addressed in Paragraph 12 herein. a. The City's police department shall have the discretion to determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by this Agreement shall be provided; however, the appropriate school administrator shall work closely with the SRO to determine the most appropriate deployment. It is not contemplated that the interiors of buildings will be patrolled by officers except as is necessary to investigate crimes and apprehend criminal suspects; provided, however, the SROs will assist with building security as needed, and as mutually agreed upon. b. No student will be removed from campus unless placed under arrest. 3. OFFICER ASSIGNMENTS: The City's police department will assign ten SRO Officers, including one supervisor to the Nampa School District. a. When it becomes necessary to select new or replacement SROs, the City's police department manual shall govern the selection procedure; however, the District shall be allowed the opportunity to have a representative sit on the selection oral board and to participate

3 in the selection of the SRO. The final decision of the selection of the SRO is the sole and absolute discretion of the City. 4. OFFICER DISCRETION: The City's police department and its SROs shall have the right to exercise due discretion in the performance of the "Basic Services," including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the City's police department and its SROs. 5. PARENTAL AND SCHOOL NOTIFICATION: The following procedures shall be used in instances with regard to notification of student s parents and school administrators when there is a criminal interaction between Nampa police officers and students under the age of 18 years. a. All Nampa police officers coming onto a Nampa School District campus shall notify a school administrator when arriving at the school when practical. When the officer is on a Nampa School District campus during regular school hours and suspects a student under 18 years of age of a crime, the officer should notify a school administrator prior to any interview. After such notification the officer and school administrator will determine if the student should be interviewed with or without parents and with or without school administration present. The officer and school administrator should work in partnership in reaching the best course of action for the student, the school and the investigation. The final determination as to notification of parents before the interview will rest with the officer. b. When any student under the age of 18 years is interviewed by a police officer in regards to a crime, either as a suspect or witness, the school administrator should be notified as soon as practical if not done prior to the interview. The parents of the student should then be notified, if practical, if not done prior to the interview.

4 c. When any student is arrested, the police officer will notify the school administrator as soon as practical. 6. TRAINING AND SCHEDULING: The City shall use suitably trained City police department SROs in meeting its obligation herein, and each High School and Middle School SRO will strive to be physically present at their assigned campus between 0730 to 1500 hours for regular school sessions and during normal classroom hours, four days a week. Each SRO will cover the other's day off. One will work Monday-Thursday, the other Tuesday-Friday, as determined by their SRO Supervisor and school administrator. It is understood and agreed to by the parties, however, that the target hours of 0730 to 1500 hours may not always be met because the SRO may have off campus emergencies, court, or mandatory and special training events. The City is totally responsible for the training and expense of training of the SROs. The SRO Supervisor will meet with the District prior to the beginning of the school year to coordinate the SRO schedules for shortened school weeks for optimum coverage. During the summer session, the SROs shall be physically present at the assigned campus when needed. 7. EVALUATIONS: The SRO shall be given a performance evaluation annually as required by the City's police manual. The evaluating supervisor shall discuss the performance of the SRO with the administrator of the assigned school. Details of that discussion shall be incorporated into the written evaluation of the SRO. 8. CLOTHING AND APPEARANCE: The SRO may wear the uniform of the City's police department or be dressed in appropriate plain-clothes attire suitable to the occasion. 9. DISTRICT POLICIES: The parties recognize that the District may from time to time adopt policies, procedures, rules and regulations affecting the conduct of persons present on the campuses. To the extent that violation of those policies, procedures, rules, and regulations

5 constitutes a violation of the law, including breach of the peace or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the City's police department and its officers. To the extent that violation of those policies, procedures, rules and regulations does not constitute a violation of the law, the City's police department is not required to take law enforcement action and may leave the enforcement thereof to the District, SROs shall inform the school administrator of perceived violations of school policies, procedures, rules and regulations of which he/she has personal knowledge. 10. TERM: This Agreement is for the period of the , and school years, commencing July 1, 2015, and ending June 30, PRICE: In consideration of the services provided by the City pursuant to the terms of this Agreement, the District shall pay: a. For the school year, the sum of $300, for all police services, payable in 12 equal monthly installments of $25,000 due on the 25th day of each month until paid in full with the first payment commencing on July 25, 2015; and b. For the school year, the sum of $350, for all police services, payable in 12 equal monthly installments of $29, due on the 25th day of each month until paid in full with the first payment commencing on July 25, 2016; and c. For the school year, the sum of $400, for all police services, payable in 12 equal monthly installments of $33, due on the 25th day of each month until paid in full, with the first payment commencing on July 25, LIMITATION OF SERVICES: The services provided pursuant to this Agreement are to be performed during regular school days and during normal classroom hours. The parties recognize that a school within the District may desire to have the City's Police Department provide additional services for sanctioned extracurricular school events that may be held after normal classroom hours or on non-school days. These additional services will be

6 billed at the overtime rate of $55.00 per hour. This Agreement does not govern the provision of such additional services. Additional services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 13. PROVISIONS: The Police Department will provide for: a. The use of SROs after 4:00 pm or other non-school hours extra-curricular events, provided however, the District shall pay for the SRO's services at the overtime rate pursuant Section 12 of this agreement; b. SROs to be accessible to the students during lunch period when practical; and c. Develop programs and/or work with the school administrator for school staff development. The District will provide for: a. An office for the Officer; b. Telephone; c. Computer and printer; and d. Locking file cabinet. 14. INDEPENDENT CONTRACT: It is acknowledged by the parties that the SROs acting pursuant to this Agreement are not the employees or agents of the District or schools within the District; rather, they remain the employees of the City's police department. The parties agree that this Agreement solely governs the relationship between the parties and that the District has no supervisory powers over the SROs and cannot direct the day-to-day activities of the SROs. The District is interested only in the result of having an SRO present on its campuses and conducting normal police activities in connection with the students and activities on the District's campuses.

7 15. AUTHORIZED ABSENCES: The SROs acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the City, holidays observed by the District, mandatory training and required court appearances. 16. NON-CANCELLATION: This Agreement may be terminated upon ninety (90) days prior notice given by either party. If the District is concerned about the performance of an SRO, the District shall notify the City of the performance defect. Any concerns or complaints against an SRO, and received by the District shall be immediately referred to the SRO s supervisor, or to the Chief of Police. If performance problems or complaints persist, or if a particular problem or complaint is sufficiently severe, the City may replace the SRO. 17. AUTHORIZATION TO EXECUTE AGREEMENT: David Peterson represents that he has the authority to execute this Agreement on behalf of the District. Craig Kingsbury represents that he has the authority to execute this Agreement on behalf of the City of Nampa. 18. GOVERNING LAW: This Agreement shall be interpreted in accordance with the laws of the State of Idaho. 19. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are merged herein. 20. MODIFICATION: This Agreement may be modified only by a mutually executed writing. 21. SCHOOL ADMINISTRATOR'S DESIGNEE: The administrator of each school shall, in writing, provide the City with a designee to contact in the event the SRO cannot contact the school administrator when so required pursuant to this Agreement. [End of text. Signatures follow.]

8 DATED this day of, CITY OF NAMPA, IDAHO By: Craig Kingsbury Nampa Police Department NAMPA SCHOOL DISTRICT NO. 131 By: David Peterson Nampa School District No. 131