SCHOOL RESOURCE OFFICER AGREEMENT (8)SCHOOL RESOURCE OFFICER AGREEMENT
THIS AGREEMENT, made and entered inta this �, day af �c..�--, 2011,
between the SCHOOL BOARD OF pINELLAS COUNTY, FLQRIDA (referred to herein as the
"Board"), and THE CITY OF CLEARWATER, (referred tp herein as "Clearwater P.D."), is for
the services to be provided by the Clearwater P.D. for the School Resource Offic:er Program
("SRO Program").
WITNESSETH:
WHER�AS, the partfes hereto value the collaboration and cooperation fostered by the
SRD Program and believe that all af society benefits when� the safety of children is improved,
where the threat of crime and disorder is reduced, the leaming environment is improved, and
the true misslan of teachers becomes more achievable; and
WHEREAS, the SR� Program provides an opportunity for students and law
enfarcement officers ta have positive interaction with one another which enhances law
enforcement officers' service ta the community, and
WHEREAS� the Board and The City of Clearwater intend to provide law enfarcemEnt
and related services to the public schools nf Pineilas County as hereafter deacribed, and
WHEREAS, the �Board and Clearw�ter P.D. will mutually benefit from the SRO
Pragram.;
NOW, "fHEREFORE, fnr goad and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. The Obligations of Clearwater P.D. and the SROs are as fallows:
A. Provision af School Resource Officers. The Clearv+rater P.D. shall assign one
regularly employed officer at each of the following schoQls: Clearwater High Schaol,
Countryside High School, and Oak Grove Middle School.
B, Desianation and S�lection of 5chool Resourc:e Officers. SR�s have a dual role
at the schools which thEy serve. They shall serve as "law enforcement units" within the
meaning of 34 CFR § 99.8 (a)(1)(i)-(iii), and as °school o�cials" having a legitimate educational
interest in information contained in student reoords, within the meaning of 20 11.S.C. §1232g
and F:S. § 1002:22 (3)(d)(2).
The Chief of Clearwater P.D., ar 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 offcers
among young people. Therefare, the personality, grooming, and cnmmunication skills of the
5R0 should be of such nature so that a pasitiv�: image of the polic� agency is reflected, The
SRO should sinc�rely want to wark with the staff and students at the particular school to which
he or she is assigned.
3. The SRO must have the ability to provide good quality educational services in
the area of law enfarcement. The education, background, experience, interest level and
communication skills af the SRQ must be of high caliber so that the SRO can effectively and
accurately prvvide resource teaching services. The SRO will spend as much time as practical
in classroom instruction, dep�ndent upon time constraints and workload. The SRO and the
F'rincipal will formulat� 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 administrativ� staff.
5. The SRO must b� a state certified Law Enforcement Offic�r.
C. R�,.gular DutY Hours/Absences of the School Resource Officers.
1. The SRO will be assigned to his/her school an a full-time basis of eight (8)
hours on those days and during those hours that schaal is in sessian. 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. Th� SR� may be
temporarily reassigned only during the period of a law enfarcement emergency as such may be
determined to exist, by the Chief af Clearwater P.D.
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 pravide instructions on how emergency palice
service may be obtained in his/her absence. If it is necessary far th� assigned SRO tv be
absent from school for a full day or more, the Clearwater P.D. shall supply a substitut� SRO.
D. �uties of Schoal Resource Officers. While on duty, the SRO shall perform the
following duties:
1. SpEak ta classes on the law, including search and seizur�:, criminal law, motor
vehicle law, and other topics when assigned to speak by the Principal,
2. Act as a resourc� person in the area of law enforcement educatian at the
request of the Principal.
3. Conduct criminal investigations of violations of law on Schoal Baard property.
The Clearwater Police Department and the District agre� that petty acts of misconduct and
misdemeanors, including, but not limited to, minor fights or disturbances, should ardinarily not
be referred ta law enforcement for prosecution and should npt ordinarily result in a student
arrest. The District encaurages schools to use alternatives ta expulsion or referral to law
enforcement agencies unless the use of such alternatives will pose a threat to school safety.
Individual SR�'s are encauraged to exercise discretion and to divert student offenders to school
based discipline or community based diversion where appropriat� and authorized by
department palicy and applicable law.
4. Provide school-based security and maintain the peace on School Board
property, to include in assisting with the development, implementation and evaluatian of security
programs/crisis plans in their assigned school when requested.
5. Make arrests and refer�als of criminal law violators.
6. Appear at State Attorney investigations, depositions, trials and sentencing.
7. Provide transportation to th� Pinellas County Juvenil� Assessment Cent�r
(PJAC), Juvenile Addiction Receiving Facility (JARF), and County Jail.
8. Coordinate �mergency 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 schaol assigned.
11. Coordinate with schaol administrators, faculty and staff, law enfarcement
agencies, and courts to provide school-based security to maintain the peace and promot� order
on the school campuses.
12. Create and maintain all records, including security and surveillance camera
recordings made at the school site, whether recorded by video tape, digital or other medium,
(but excluding school bus recordings), witness or suspeGt statements, interviews or other
documents made in connection with the law enforcement duties set forth in this Agreement.
Such records shall constitute "law enforcement records" within the meaning of 34 CFR § 99.8(b)
(I)(i)-(iii), while in the hands of the SRO or other law enforcement officer. When such records
are made available to school administration for disciplinary or other I�gitimate educational
purpos�s they shall also constitute canfidential student records subject ta the Family
�ducational Rights and Privacy Act, 2D U.S.C. §1232g; 34 CFR Part 99, and §§1002.22,
1002.221, F.S. The SRO shall comply with all laws and policies applicable to such records in
both their law enforcement and student record capacities. With respect to school bus
recvrdings, which are under the cantrol of the Pinellas County Schools Police, the SRO shall
contact Pinellas County Schools Police to coordinate all issues necessary to access, view, take
possession of or othervvise use the school bus recording.
13. Maintain a file on property reported lost and/or stolen at the SRO's schaol.
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 emerg�ncy situations (such as, tomadoes, or hurricanes)
19. Provide special truancy investigations and prepare for prosecution.
20. Coordinate inv�;stigation of bus stop incidents.
21. Wear the official palice uniform which shall be provided at the expense of the
law enforcement agency; hawever, civilian attire may be worn on such occasions as may be
mutually agre�d upon by the Principal and the 5R0 supervisor.
22. Perform such other duties as mutually agreed upon by the Principal and the
SRO, so long as the p�rformance of such duties are legitimately and reasanably related to the
SRO Program as described in this Agreement, and so Iong as the duties are consistent with
State and Federal law and the policies and procedur�s of the Clearwater P.D.
23. Follow and conform to the Schoal Board Policy Manual, which is available at
each school site and F.S. §1006.12, that does nat conflict with the policies and procedures of
the Clearwater P.D. The parties to this agreement shall abide by all Federal and 5tate 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 af 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 patential problems.
26. The Clearwater Police Department will provide an opportunity for Principals
to provide input on th� SRO's performance.
E. Support Services to be Pravided bv Clearwater P.D: The Clearwat�r P.D. shall
supply the fallawing suppart services for SROs:
1. Maintain and �IE Uniform Crime Reporting (l1CR) r�cards according to law.
2. Maintain a dispatch log, consist�nt with accepted law enforcement
man�gement practices.
3. Provide capies of all reports taken by the School Resourc� Officer ta khe
Pinellas County Schaols Police, upon request, as the law allows.
4. Pravide each SRO with a patrol autamobile and all other necessary or
appropriate police equipment. The cast of purchasing, maintaining, and repairing police
equipment provided under this agreement shall be borne by the Clearwater P.D.
5. Maintain copies of reports generated by offic�rs in compliance with State and
Federal laws.
6. Maintain fingerprints and photographs of arrestees in campliance with State
and Federal laws.
ARTICL� II. Relationship of,SROs to Board and Clearwater P.�.
The SRO shall be an emplayee of the Clearwater P.D. and not an employee of the
Board. The Clearwater P.D. shall be respansible for the hiring, training, discipline, and
dismissal of its persannel. Board employees shall report allegations of improper conduct to the
SRQ's immediate supervisor or to the department's internal affairs section. Board employees
shall not conduct an intErnal investigation of afteged impraper conduct on the pait of the 5R0.
ARTICL� III. Charaes for SRO Services.
In consideration af the services provided herein, the Board shall pay to the City of
Glearwater the sum of $49,011.50 (Forty Nine Thousand Eleven Dollars and Fifty Centsj for
each of the three SROs totaling the sum of $147,034.50 (One Hundred Forty Seven Thousand
Thirty Four pollars �nd Fifty Cents) for the 2011-2012 contractual term.
Tv the extent that security services are provided by Clearwater P.D. at school functions
occurring after regular school hours, Clearwater P.D. shall be paid in accordancc with the
Clearwater F'.D. salary palicy and procedures. The school at which such services are provided,
shall be billed for such services within thirty (30) days from the date of service, and any services
provided during May shall be submitted no later than the 15�h of June.
ARTICLE IV. Problem Resolution.
Th� parties, their agents and employees will cooperate in gaod faith in fulfilling the t�rms
of this Agreement. Unforeseen difFiculties or questions will be resolved by negotiation between
the Superintendent, the Board and the Chief, or their designees.
ARTICLE V. Amendments.
Changes in the t�rms of this Agreement may be accamplish�d only by farmal
amendment in writing appraved by the Clearvvater P.D. and the Baard.
ARTICLE VL Transfer of SROs.
Both th� School Board and Clearwater P.D. desire to avoid th� transfer of an SRO at the
request vf a principal. Therefore, except in egregious circumstances when the SR�'s behavior
warrants immediate removal, the fallowing procedures must be followed:
A. Principals should engage in good personnel managemEnt practices ta 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 5uperintendent, or designee, will confer with the Chief, ar 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 bath the Superintendent and Chief, or their designees, then the SRO will be
transferr�d 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
Clearwater I'.D.'s collective bargaining agreement with its union. Only the Clearwater P.D., and
not individual SROs, can seek enfarcemenk of the provisions of this Agreement. Nothing herein
shall p.reclude the Clearwater P.D. from unilaterally transferring the 5R0 at its sole discretion.
ARTICLE VII. Term of A �eement.
The term af this Agreement shall be far 1 year beginning on July 1, 2011 through June
30, 2q12.
ARTICL.E VIII. Materials and Facilities_Supplied bv Board.
The Board shall provide the SRO, in each school to which an SR� is assigned, the
following materials and facilities n�cessary 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 SR� will 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 practicabl�. Clearwater P.D. will provide
the computer hardware to be utilized by th� 5R0, although each individual school may provide
such hardware in its sole discretion. If access is provided, existing school security procedures
must be followed, to include secure network access for bath the computer and user. Network
use must conform to schoal board policy 7540.04, Use of �lectronic Resources.
B. A location for files and recards which can be properly locked and secured.
C. A desk with drawers, a chair, work table, filing cabinet, and office supplies (�.g.
paper, pencil, pens, etc.).
D. Access to a typewriter and/or secretarial assistance.
�. The SRO will be issued kEys for complete access on the campus to which he/she
is assigned in accordance with the school safety plan. In the event these keys are lost
misplaced, or stolen through n�gligence, the cost af any re-keying of the facility shall be barne
equally by the law enforcement agency and the Board.
ARTICLE IX. Termination.
This Agreement may be terminated by either party for cause 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 t�rmination. This Agreement
may be terminated without cause by eith�r party upon thirty (30) days written notice.
ARTICL� X. Defense of Leqal Actions.
A. 5ubject to the limitations contained in F.S. §111.07, the Clearwater I'.D. shall
defend any lawsuit filed against the Clearwater P.D. or the SRQ which arises out of services
perFormed by the Clearwater P.D. Clearwater P.D. procedures shall be followed in handling
such suits. The Cleannrater P.D. shall pay any judgment rendered against it according to law.
Nathing contained herein shall be canstrued to waive th� provisians of F.S. §768.28 as the
same applies to both the Clearwater P.D, and the Board.
B. The Board shall defend any lawsuit filed against the Board which aris�s out of
services pertormed by the Baard. Board procedures shall be followed in handling such suits.
7he Board shall pay any judgment rendered against it according to law. Nothing cvntained
herein shall be construed to waive the provisions of F.S. §768.28 as the same applies to both
the Board and the Clearwater P.D.
ARTICL.E XI, Miscellaneous.
A. Assipnment. This Agreement may not be assigned without the written consent of
the Clearwater P.D. and the Board.
B. 5everabilitv. Should any section ar part of any sectian vf this Agreement be
rendered void, invalid, or unenforceable by any court of law, for any reason, such a
determination shall not rend�r void, invalid, or unenforceab�e any other section or any part of
any sectian of this contract.
C. Notification. All notices, requests, demands, or other communications
hereunder shall be in writing and shall be deemsd to have been served as of the delivery date
appearing upon the return receipt if s�nt by certified mail, postage prepaid with return receipt
requested, at the address listed below, or upon the actual date af delivery, if hand delivered ta
the address below. Either party may change the below-listed address at which it rec�iv�s
written notices by sa notifying the other party hereto in writing.
Clearwater P. D. to:
Chief of Police, Clearwater F'.D.
545 Pierce St.
Cl�arwater, FL 33756
Board to:
Chief of Police
Pinellas County Schools Palice
11111 S. Belcher Rd.
Largo, FL 33773
Copy to:
City Attorney, City of Clearwater
112 S. Osceola Ave.
Clearwater, FL 33756
Copy to:
Office of General Counsel
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 qf the same. Such a waiver, release, or modification is to be effected
only through a written modification to this Agreement.
E. Goveming Law and Venue. This Agreement is to be construed in accordance
with the laws�af th� State of Florida. Venue for any cause of action or claim asserted by either
party hereto braught in state courts shall be in Pinellas County, Florida. Venue for any action
brought in Federa! court shall be in the Middle District of �lorida, Tampa Division.
F. Hea�s. The paragraph headings are inse�ted herein for convenience and
reference only, and in no way define, (imit, or othervvise describe the scope or intent of any
provisions hereof.
G. Due Authori#v. Each party to this Amendment represents and warrants ta the
other party that (I) they are duly arganized, 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 ta so execute the same and fully bind the parties an whose behalf
they are executing. �
IN WITNESS WHEREOF the parties hereto have caused this Agreement ta be executed
by their duly autharized r�presentatives on the date first above wri#ten.
THE SCHOOL BOARD OF PINEL,L.AB COUNTY, FLORIDA
By: P /
r
Print: � J. �..k -
Chairman
GITY OF CL.EARWATER, FLORIDA
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Attest:
Print:
City Manage�
Appraved s to farm:
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Sign: �
Print: !�}UfiA �e �
�er�l Counsel, Pinellas County Schools
p � S�'; /°rcLq
Print
City Clerk
City Attorney
Signature Page — School Resource Officer Program (2U11-2012)
Countersigned:
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Fr�nk V. Hibbard
Mayor
Approved as to form:
obert . Surette
Assista City Attorney
CITY OF CLEARWATER, FLORIDA
.cu ,' ,v�. ��z� F�
i am B. Harne II
ity Manager
Attest:
Rosemarie Call
City Cterk
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