SCHOOL RESOURCE OFFICER AGREEMENT (2)
SCHOOL RESOURCE OFFICER AGREEMENT
THIS AGREEMENT, made and entered into this .2c-li/ day of / / I,., 200$
by and between the SCHOOL BOARD OF PINELLAS COUNTY, FEat:iDA (referred to
herein as the "BOARD"), and THE CITY OF CLEARWATER, (the City of Clearwater
referred to herein as "C.P.D."), is for the establishment of a School Resource Officer
(referred to as "SRO") Program in the public school system of Pinellas County.
While this agreement must necessarily address costs and obligations, both parties
acknowledge that its true value lies in the collaboration and cooperation the SRO Program
is intended to foster. All of society benefits when the safety of children is improved. Where
the threat of crime and disorder is reduced, the learning environment is improved and the
true mission of teachers becomes more achievable. Where law enforcement officers have
the opportunity for positive interaction with youth, their service to the community is
enhanced. These shared ideals are the true heart of the matter.
WIT N E SSE T H:
That the BOARD and The City of Clearwater intend to provide law enforcement and
related services to the public schools of Pinellas County as hereafter described, and
That the BOARD and C.P.D. will mutually benefit from the SRO Program.
NOW, THEREFORE, the terms of this Agreement are as follows:
ARTICLE I. The obligation of C.P.D. and the SROs are as follows:
A. Provision of School Resource Officers. The C.P.D. shall assign one regularly
employed officer to each of the following schools:
High Schools
1. Clearwater Senior High School
2. Countryside Senior High School
B. Selection of School Resource Officers. The Chief of C.P.D. or his designee in
consultation with the Principal of the school to which the SRO will be assigned shall select
the SRO on the basis of the following criteria.
1. The SRO must have the ability to deal effectively with students. The ages,
socioeconomic, and cultural composition of the students of the particular school should be
considered in making this evaluation.
2. The SRO must have the ability to present a positive image and symbol of the entire
police agency. A goal of the SRO Program is to foster a positive image of police officers
among young people. Therefore, the personality, grooming, and communication skills of the
SRO should be of such nature so that a positive image of the police agency is reflected.
The SRO should sincerely want to work with the staff and students at the particular school
towhich he or she is assigned.
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3. The SRO must have the ability to provide good quality educational services in the
area of law enforcement. The education, background, experience, interest level and
communication skills of the SRO must be of high caliber so that the SRO can effectively and
accurately provide resource teaching services. The SRO will spend as much time as
practical in classroom instruction, dependent upon time constraints and workload. The SRO
and the Principal will formulate an acceptable plan consistent with the circumstances and
the needs of the school.
4. The SRO must have the desire and ability to work cooperatively with the Principal
and his administrative staff.
5. The SRO must be a state certified Law Enforcement Officer.
C. Reaular Duty Hours/Absences of the School Resource Officers.
1. The SRO will be assigned to his/her school on a full-time basis of eight (8)
hours on those days and during those hours that school is in session. The SRO's specific
duty hours shall be determined by the SRO supervisor in consultation with the principal,
to reflect the needs of the individual school. In each case the agency shall ensure that
SROs are present during regular school hours, and those routine duties that require an
absence from campus should be accomplished either prior to or after regular school
hours. The SRO may be temporarily reassigned only during the period of a Law
Enforcement emergency as such may be determined to exist, by the Chief.
2. If it is necessary for the assigned SRO to be absent from school for less
than a full day, the SRO will notify the Principal and provide instructions on how
emergency police service may be obtained in his/her absence. If it is necessary for the
assigned SRO to be absent from school for a full day or more, then the C.P.D, shall
supply a substitute SRO. For any day there is not an officer at school for at least three-
quarters of a full day, a credit shall be given to the school system unless otherwise
waived by the Chief of Schools Police. The credit shall amount to the daily rate of the
BOARD's contribution.
3. The Board and C.P.D. will cooperate to avoid the use of officers who must
be paid at overtime rates to substitute for regular SROs, but recognize that at times the use
of overtime will occur. If a substitute SRO must be utilized, the School Board shall
reimburse C.P.D. for 50% of the replacement officer's rate of pay, including overtime if
applicable, for up to 40 hours per SRO position during each year of this Agreement. C.P.D.
agrees that it will absorb all the costs of providing substitutes beyond the 40 hours. Both
parties agree that the sum of $1,412.40 represents the aggregate total of the Board's
financial obligation for the two (2) officers for the 40 hours calculated based on the actual
highest hourly rate of pay for an officer on the pay scale (excluding command positions)
working at an overtime rate as of July 1, 2003. Therefore the parties agree that in lieu of
billing for substitutes, on an individual basis that the Board will pay the $117.70 amount in
12 monthly payments, during each year of this contract. The rate for each future year of the
term of this agreement will be increased by utilizing the actual highest rate of pay for an
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officer on the pay scale (excluding command positions) working at an overtime rate as of
July 1, 2004 and July 1, 2005 respectively.
D. Duties of School Resource Officers. While on duty, the SRO shall perform the
following duties:
1. Speak to classes on the law, including search and seizure, criminal law, motor
vehicle law, and other topics when assigned to speak by the Principal.
2. Act as a resource person in the area of law enforcement education at the request
of the Principal.
3. Conduct criminal investigations of violations of law on School Board property which
is initiated by the SRO or reported by school personnel per inter agency agreement.
4. Provide school-based security and maintain the peace on School Board property,
to include in assisting with the development, implementation and evaluation of security
programs/crisis plans in their assigned school when requested.
5. Make arrests and referrals of criminal law violators.
6. Appear at State Attorney investigations, depositions, trials and sentencing.
7. Provide transportation to the Pinellas County Juvenile Assessment Center (PJAC),
Juvenile Addiction Receiving Facility (JARF), and County Jail.
8. Coordinate Emergency Medical Service (EMS) at the request of the Principal, or
his/her designee.
9. Receive and dispatch complaints via telephone, walk-in and radios.
10. Develop, implement, and evaluate security programs in the school assigned.
11. Coordinate with school administrators, faculty and staff, law enforcement
agencies, and courts to provide school-based security to maintain the peace and promote
order on the school campuses.
12. As more specifically provided for in the Guidelines for Security at School Events,
attached as Appendix 1, coordinate, in consultation with the Principal and SRO Supervisor,
the scheduling and placement of C.P.D. personnel at extracurricular activities, including
such after-school security activities for which reimbursement is due, pursuant to Article III
below. Whenever practicable, the agency shall ensure that the school's regular SRO shall
be assigned to work those extracurricular events where additional security personnel are
assig ned.
The SRO supervisor in consultation with the Principal or designee shall determine
the appropriate level of staffing at extracurricular activities when C.P.D. personnel are
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requested, based upon the staffing model set forth in the Guidelines for Security at School
Events (Appendix 1).
13. Maintain a file on property reported lost and/or stolen at the SRO's school.
14. Provide counseling or referrals to students as needed.
15. Secure, handle and preserve evidence.
16. Recover School Board property through working with other police agencies.
17. Make referrals to social agencies.
18. Relay messages in emergency situations (such as, tornadoes, hurricanes, etc.)
19. Provide special truancy investigations and prepare for prosecution.
20. Coordinate investigation of bus stop incidents.
21. Wear the official police uniform which shall be provided at the expense of the law
enforcement agency; however, civilian attire may be worn on such occasions as may be
mutually agreed upon by the Principal and the SRO supervisor.
22. Perform such other duties as mutually agreed upon by the Principal and the SRO,
so long as the performance of such duties are legitimately and reasonably related to the
SRO Program as described in this Agreement, and so long as the duties are consistent with
State and Federal law and the policies and procedures of the C.P.D.
23. Follow and conform to the School Board Policy Manual, which is available at each
school site and F .S.1 006.12, that does not conflict with the policies and procedures of the
C.P.D. The parties to this agreement shall abide by all Federal and State Civil Rights
legislation including the Civil Rights Act of 1964 and its' subsequent amendments.
24. Provide a Monthly Activities Report or such other report regarding his/her activities,
as may be required by the Superintendent or designee. A copy of the report shall be
provided to the principal on a monthly basis.
25. SROs are recognized as an active part of the school's administrative team. Their
duties as a team member reflect their agency's directions and lend their expertise to the
review of activities, duty assignments, scheduling and identification of potential problems.
26. The Clearwater Police Department will provide an opportunity for Principals to
provide input on the SRO's performance.
E. Support Services to be provided bv C.P.D. The C.P.D. shall supply the following
support services for SROs:
1. Maintain and file Uniform Crime Reporting (UCR) records according to law.
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2. Maintain a dispatch log, consistent with accepted law enforcement management
practices.
3. Provide copies of all reports taken by the School Resource Officer to the Pinellas
County Schools Police, upon request, as the law allows.
4. Provide each SRO with a patrol automobile and all other necessary or appropriate
police equipment. The cost of purchasing, maintaining, and repairing police equipment
provided under this agreement shall be borne by the C.P.D.
5. Maintain copies of reports generated by officers in compliance with State and
Federal laws.
6. Maintain fingerprints and photographs of arrestees in compliance with State and
Federal laws.
ARTICLE II. Relationship of SROs to Board and C.P.D. The SRO shall be an employee of
the C.P.D. and not an employee of the BOARD. The C.P.D. shall be responsible for the
hiring, training, discipline, and dismissal of its personnel. BOARD employees shall report
allegations of improper conduct to the SRO's immediate supervisor or to the department's
internal affairs section. BOARD employees shall not conduct an internal investigation of
alleged improper conduct on the part of the SRO.
ARTICLE III. Charaes for SRO Services. In consideration of the services provided herein,
the BOARD shall pay to the City of Clearwater the sum of $35,312.83 (THIRTY FIVE
THOUSAND THREE HUNDRED TWELVE DOLLARS AND EIGHTY THREE CENTS)
for each SRO for the 2003-2004 contractual term. During the 2004-2005 school year, and
the 2005-2006 school year, the compensation shall increase to $36,019.09 and $36,739.47
respectively. Payments shall be made in monthly installments, and shall be submitted in a
timely manner in a manner to be determined by the Board. The invoice for the month of May
shall be submitted no later than the 15th of June. No other consideration will be required
during the term of this Agreement for the in-school services called for herein.
The BOARD shall, however, reimburse the C.P.D. for all security services performed at
school functions occurring after regular school hours. The rate of reimbursement for such
after-school activities shall be in accordance with the C.P.D. salary policy and procedures.
The school shall be billed for the services within thirty (30) days from the date of service,
and any services provided during May shall be submitted no later than the 15th of June. In
the event that summer schools are offered and require law enforcement coverage the
number of summer schools covered by the C.P.D. shall be determined through negotiation,
and the costs prorated, based upon the required hourly coverage contained in Article III.
ARTICLE IV. Problem Resolution. The parties, their agents and employees will cooperate
in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will
be resolved by negotiation between the Superintendent of the BOARD and the Chief, or
their designees.
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ARTICLE V. Amendments. Changes in the terms of this Agreement may be accomplished
only by formal amendment in writing approved by the C.P.D. and the Board.
ARTICLE VI. Transfer of SROs. Both the School Board and C.P.D. desire to avoid the
transfer of an SRO at the request of a principal. Therefore, except in egregious
circumstances when the SRO's behavior warrants immediate removal, the following
procedures must be followed:
A. Principals should engage in good personnel management practices to include
discussing any issues or concerns with the SRO first, followed by consultation with
the SRO's supervisor if necessary.
B. If, after sufficient time has been given for the SRO to modify his/her performance,
and concerns still exist, then the Principal will recommend to the Area Superintendent
that the SRO be transferred from the school, stating the reasons for the
recommendation in writing.
C. Within a reasonable period of time after receiving the recommendation to remove
an SRO, the Area Superintendent, or designee, will confer with the Chief, or
designee, to attempt to resolve any problem that may exist between the SRO and the
staff at his/her assigned school.
1. With the agreement of the Superintendent and the Chief, or their
designees, the SRO, or specified members of the staff from the school,
may be required to be present at that meeting.
2. If, within a reasonable amount of time, the problem cannot be resolved in
the opinion of both the Superintendent and Chief, or their designees, then
the SRO will be transferred from the school and a replacement will be
selected, as provided elsewhere in this Agreement.
This Article does not provide the SRO any rights separate and apart from those found in
C.P.D.'s collective bargaining agreement with its union. Only C.P.D. itself, and not
individual SROs, can seek enforcement of the provisions of this Agreement. Nothing herein
shall preclude the agency from unilaterally transferring the SRO at the sole discretion of the
agency.
ARTICLE VII. Term of Agreement. The term of this Agreement shall be for 3 years with
annual sequences that reflect the time period from July 1 through June 30, of each calendar
year, beginning July 1, 2003. The BOARD shall receive the SRO services described in
Article I, for the full term of the Agreement.
ARTICLE VIII. Materials and Facilities Supplied bv Board. The BOARD shall provide the
SRO, in each school to which an SRO is assigned, the following materials and facilities
necessary to the performance of duties by the SRO:
A. Access to a private office which is air conditioned and properly lighted, with a
telephone, to be used for general business purposes. Whenever practicable, the SRO will
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be provided with a private office. Upon request, SROs will be provided free access to the
Board's computer network to the extent that it is economically practicable. C.P.D. will
provide the computer hardware to be utilized by the SRO, although each individual school
may provide such hardware in it's sole discretion. If access is provided, existing school
security procedures must be followed, to include secure network access for both the
computer and user. Network use must conform to school board policy 7.33, Electronic
Resource Usage.
B. A location for files and records which can be properly locked and secured.
C. A desk with drawers, a chair, work table, filing cabinet, and office supplies (e.g.
paper, pencil, pens, etc.).
D. Access to a typewriter and/or secretarial assistance.
E. The SRO will be issued keys for complete access on the campus to which s/he is
assigned in accordance with the school safety plan. In the event these keys are lost
misplaced, or stolen through negligence, the cost of any re-keying of the facility shall be
borne equally by the law enforcement agency and the BOARD.
ARTICLE IX. Termination. This Agreement may be terminated by either party upon
seven (7) days written notice that the other party failed substantially to perform in
accordance with the terms and conditions of this Agreement through no fault of the party
initiating termination. This Agreement may be terminated without cause by either party
upon thirty (30) days written notice. Termination of this Agreement may only be
accomplished as provided herein. In the event this Agreement is terminated, and the
BOARD has paid for the SRO in advance, the BOARD shall be entitled to a prorated refund
of any advanced payments for which the SRO services have not yet been provided.
ARTICLE X. Defense of Legal Actions.
A. Subject to the limitations contained in F.S.S.111.07, the C.P.D. shall defend any
lawsuit filed against the C.P.D. or the SRO which arises out of services performed
under this Agreement. C.P.D. procedures shall be followed in handling such
suits. The C.P.D. shall pay any judgment rendered against it according to law.
Nothing contained herein shall be construed to waive the provisions of F.S.S.
768.28 as the same applies to both the C.P.D. and the BOARD.
B. The BOARD shall defend any lawsuit filed against the BOARD which arises out of
services performed under this Agreement. BOARD procedures shall be followed
in handling such suits. The BOARD shall pay any judgment rendered against it
according to law. Nothing contained herein shall be construed to waive the
provisions of F.S. 768.28 as the same applies to both the BOARD and the C.P.D.
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ARTICLE XI. Miscellaneous.
A. Assionment. This Agreement may not be assigned without the written consent of
the C.P.D. and the BOARD.
B. Severabilitv. Should any section or part of any section of this Agreement be
rendered void, invalid, or unenforceable by any court of law, for any reason, such
a determination shall not render void, invalid, or unenforceable any other section
or any part of any section of this contract.
C. Notification. All notices, requests, demands, or other communications hereunder
shall be in writing and shall be deemed to have been served as of the delivery
date appearing upon the return receipt if sent by certified mail, postage prepaid
with return receipt requested, at the address listed below, or upon the actual date
of delivery, if hand delivered to the address below. Either party may change the
below-listed address at which it receives written notices by so notifying the other
party hereto in writing.
C.P.D. to:
Chief of Police, C.P.D.
645 Pierce Street
Clearwater, FL 33756
Copy to:
City Attorney, City of Clearwater
645 Pierce Street
Clearwater, FL 33756
Board to:
Chief of Police
Pinellas County Schools Police
11111 S. Belcher Rd.
Largo, FL 33773
Copy to:
School Board Attorney
Pinellas County School Board
301 4th St. SW
Largo, FL 33770
D. Waiver. No act or omission or commission of either party, including without
limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to
be a waiver, release, or modification of the same. Such a waiver, release, or
modification is to be effected only through a written modification to this Agreement.
E. Governino Law and Venue. This Agreement is to be construed in accordance with
the laws of the State of Florida. Venue for any cause of action or claim asserted by
either party hereto brought in state courts, shall be in Pinellas County, Florida. Venue
for any action brought in Federal court shall be in the Middle District of Florida,
Tampa Division, unless a division shall be created in St. Petersburg or Pinellas
County, in which case action shall be brought in that division.
F. Headinos. The paragraph heading are inserted herein for convenience and
reference only, and in no way define, limit, or otherwise describe the scope or intent
of any provisions hereof.
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G. Due Authority. Each party to this Amendment represents and warrants to the
other party that (I) they are duly organized, qualified and existing entities under the
laws of the State of Florida, and (ii) all appropriate authority exists so as to duly
authorize the persons executing this Amendment to so execute the same and fully
bind the parties on whose behalf they are executing.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed by their duly authorized representatives on the date first above written.
THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA
By: 8" %;::, &,knA'.
Print: ~ It e- G cell ~t ~ (' '(
Chairman
Approved as to form and correctness:
Sign: y('~
Print:~ t. WJl~~
,t\S'S'r; School Board Attorney
Countersigned:
B~
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
Approved as to form:
Attest:
~c, J:i- .~a~.
Cy t ia E. GOudeau
City lerk ..
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APPENDIX 1
Guidelines for Security at School Events
I. The purpose of these guidelines is to establish criteria for determining the number of police
officers needed to provide security at school sporting events or activities. These guidelines
will be followed whenever a school intends to use any School Resource Officer (SRO) for
security purposes.
II. Level of Risk
A. The School Resource Officer and their supervisor, in consultation with the appropriate
school representative, will determine the appropriate level of risk.
B. The criteria used to determine the level of risk will include the following:
1. The type of event, i.e. football, basketball, etc.
2. The anticipated attendance and capacity of the facility/building.
3. The level of competition, such as N or varsity, championship, etc.
4. The location of the event, i.e. home game or away.
5. The number of school personnel and other security present.
6. The time of the event.
7. The design of the sporting facility or building, whether it is a secure or
controlled area.
8. Intelligence information, credible threat assessment, attendance of dignitaries,
and historical information pertaining to rivalries, etc.
C. Risk Level Categories
1. Low Risk
a. Expected attendance at the sporting facility/building is 30% or less of
seating capacity.
b. Non-competitive, low interest event.
c. No potential of threat or safety concerns.
d. No history of past problems or rivalry between the teams.
2. Moderate Risk
a. Expected attendance at the sporting facility/building is between 30%
and 80% of seating capacity.
b. Competitive, moderate interest event.
c. Main attraction sporting event or activity in the City.
d. Design of facility/building poses security/safety concerns.
e. Potential of threat, however, no credible threat exists.
3. Elevated Risk
a. Expected attendance at the sporting facility/building is 80% or higher
of seating capacity.
b. High interest event.
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c. Main attraction sporting event or activity in the City.
d. Design of facility/building poses security/safety concerns.
e. Credible threat exists.
f. History of past problems or rivalry between the teams.
g. Personnel Assignment Scale
A. Once the level of risk has been established, the following scale will be used to
determine the number of officers needed to work the event. These numbers would not
include the SRO from the visiting team. At any time, the risk assessment may be re-
assessed and either down graded or up graded, and the staffing level may be either
increased or decreased during the event.
1. Low Risk
a. SRO only minimum.
b. Up to an SRO and 2 officers, depending on the criteria.
2. Moderate Risk
a. SRO and 2 officers minimum.
b. Up to an SRO and 3 officers, depending on the criteria.
3. Elevated Risk
a. SRO, 4 officers and 1 sergeant minimum (when five or more officers
are assigned, policy requires a sergeant also will be assigned to work).
b. SRO, more than 4 officers and 1 sergeant, depending on the criteria.
B. The supervisor or School Resource Officer in-charge will be responsible for the
officer assignments during the event and will determine when the event is officially
over for the release of staffing.
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