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E/6. Intergovernmental Agreement - City & School District 5— ✓✓r,- ��s✓ l v��try �-alispell �fQ49-����� v, off` 0 REPORT: FROM: Honorable Mayor and City Council Frank Garner, Chief of Police Department SUBJECT: Memorandum of Understanding with School District 5 MEETING DATE: June 18, 2001 BACKGROUND: In anticipation of the end of the federally funded School Resource Officer grant the Police Department has come to an understanding with School District 5 to provide for future payment. A Memorandum of Understanding has been prepared to define the scope of services, program administration, liability coverage, and salary and benefits. The understanding the department has with the school district provides that the district will pay three-quarters of all salary costs (including FICA, unemployment, etc.), excluding health insurance costs, for the officer assigned to the school when the grant funding ends. The net effect will result in the city paying for approximately one-third of the total officer cost and the school district paying for approximately two-thirds of the total officer costs. In fiscal 2001-2002 the school district will pay approximately $15,000 and the city will pay approximately $7,000 in total expenses after grant funding ends. RECOMMENDATIONS: The Council should approve the Memorandum of Understanding with School District 5, FISCAL EFFECTS: As described. ALTERNATIVES: As recommended by Council. Respectfully s mitted, Fr arner Chief of Police Chris Kukulski City Manager Frank Garner, Chief of Police • Jim Brown, Asst. Chief of Police • KPD phone (406) 758-7780, FAX (406) 758-7799 300 1st Ave. East, Kalispell, MT 59901 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KALISPELL AND FLATHEAD COUNTY SCHOOL DISTRICT NO.5 FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM This AGREEMENT is made and entered into this _ day of 2001, by and between the CITY OF KALISPELL, hereinafter referred to as the °City" and FLATHEAD COUNTY SCHOOL DISTRICT NO. 5, hereinafter referred to as "District 5". WITNESSETH: WHEREAS, the Police Department of the City of Kalispell, the local school district and the community are significantly impacted by the demands placed upon them to address incidents and situations directly or indirectly related to juveniles and the schools; and WHEREAS, the problems of delinquency, drug abuse, gang involvement and other youth related problems which negatively affect the community and the schools can best be addressed in a proactive and preventive manner, and WHEREAS, Kalispell and District 5 have jointly developed a School Resource Officer Program to provide a school -based approach to the development of a positive relationship between students and the police and the prevention of delinquency, drug abuse and gang involvement by our community's young people; and WHEREAS, such programs are recognized as being effective in the development of a positive relationship between the police and young people and in the prevention of delinquency. NOW THEREFORE, FOR AND IN CONSIDERATION of the covenants and agreement below appearing, the parties agree as follows: SCOPE OF SERVICES A. One School Resource Officer shall be assigned to concentrate the majority of his or her time with the administration, faculty and students of Flathead High School and/or Kalispell Junior High School. The SRO will also provide services to the other schools included in School District 5 (Laser, Bridge Academy, Linderman, Edgerton, Elrod, Hedges, Peterson and Russelq. The SRO shall perform functions - including but not limited to the following: 1. Assist in the prevention of crime, and disorder on the campuses and, when students are involved, in the nearby areas. 2. Conduct or participate in the investigation of offenses on campuses when a Flathead High School and/or Kalispell Junior High School student is suspected of being involved. 3. Provide requested resources and presentations, such as criminal justice system orientations, gang involvement, and community responsibility, to students, parents and other groups associated with Flathead High School and/or Kalispell Junior High School. 4. As requested by Flathead High School and/or Kalispell Junior High School staff, provide direct and indirect instructional resources for classroom presentations. 5. Enforce statutes and ordinances as appropriate. F. Selection. The School Resource Officers will be selected in a manner as mutually agreed by the City's Police Chief and the Principals of the assigned Schools. G. Vehicle. As necessary to the duties of the position, and subject to availability, the School Resource Officers will be provided on -duty use of a Police Department vehicle. H. Office Area. The School will provide office space and a wont processor for the School Resource Officer. I. Communications. 1. Communications with respect to the SRO's duties and responsibilities will be on a regular basis between the Police Supervisor and District No. 5 assigned School Principals or designees, students, faculty and the school community. 2. The supervisory chains of command for both District No. 5 personnel and the Police Department personnel will be followed closely should situations arise that cannot be resolved internally at the assigned school site. 3. All assigned School Principals or their designees and Police Supervisors are encouraged to resolve issues at the assigned school site prior to seeking assistance from outside sources. J. Program Direction. 1. It is of benefit to the assigned school site that the SRO be given the flexibility to be mobile and visible throughout the building and campus during duty hours. 2. Should the SRO have to leave the assigned school site for any reason during duty hours the SRO will generally notify the assigned School Principal or designee giving an approximate time of return to the assigned school site. 3. It is agreed that the assigned School Principal and the SRO will meet on a regular basis (weekly or monthly, to be determined by the assigned School Principal and SRO), to discuss any concerns or issues which may impact the assigned school site or SRO. K. Referral(s). If all assigned School Principals or designees receive information concerning any incident or event which may impact the safety of students and staff or otherwise violate any laws the SRO will be immediately notified. L. Issuance of Summons and/or Arrest Determination. District No. 5 and the Police Department acknowledge that some student misconduct may constitute both a violation of Board of Education Policy and Procedure and a violation of law. When this is the case, the student may be subject to both disciplinary procedures and criminal prosecution, as is applicable. 1. The SRO has the continuing authority and discretion to determine whenever a summons will or will not be issued or an arrest made. The SRO may consult with the School Principal to evaluate the implications, impact and alternatives, if any, regarding an incident or event. 2. If after this discussion, it is determined by the SRO that the incident or event is a violation of law, it then becomes a matter for SRO action. All inquiries by outside persons will be referred to the Police Department by all District No. 5 staff. Whenever a summons is issued, the SRO will not be requested by District staff to formally or informally rescind the SRO's determination of appropriate police action.