SCHOOL RESOURCE OFFICER AGREEMENT (9)SCHOOL RESOURCE OFFICER AGREEMENT
THIS AGREEMENT, made and entered into this ��day of ;��, 2012,
between the SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA (referred to herein as the
"Board"), and THE CITY OF CLEARWATER, (referred to herein as "Clearwater P.D."), is for
the services to be provided by the Clearwater P.D. for the School Resource Officer Program
("SRO Program").
WITNESSETH:
WHEREAS, the parties hereto value the collaboration and cooperation fostered by the
SRO Program and believe that all of 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 mission of teachers becomes more achievable; and
WHEREAS, the SRO Program provides an opportunity for students and law
enforcement officers to have positive interaction with one another which enhances law
enforcement officers' service to the community, and
WHEREAS, 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
WHEREAS, the Board and Clearwater P.D. will mutually benefit from
the SRO Program.;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
ARTICLE I. The Obligations of Clearwater P.D. and the SROs are as follows:
A. Provision of School Resource Officers. The Clearwater P.D. shall assign one
regularly employed officer at each of the following schools: Clearwater High School,
Countryside High School, and Oak Grove Middle School.
6. Designation and Selection of School Resource O�cers. SROs 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 officials" having a legitimate
educational interest in information contained in student records, within the meaning of 20
U.S.C. §1232g and F.S. § 1002.22 (3)(d)(2).
The Chief of Clearwater 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 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 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 O�cer.
C. Regular 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 of 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 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, the Clearwater P.D. shall
supply a substitute SRO.
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. The Clearvvater Potice Department and the District agree that petty acts of
misconduct and misdemeanors, including, but not limited to, minor fights or disturbances,
should ordinarily not be referred to law enforcement for prosecution and should not
ordinarily result in a student arrest. The District encourages schools to use altematives to
expulsion or referral to law enforcement agencies unless the use of such alternatives will
pose a threat to school safety. Individual SRO's are encouraged to exercise discretion
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and to divert student offenders to school based discipline or community based
diversion where appropriate and authorized by department policy and applicable law.
4. Provide school-based security and maintain the peace on Schaol
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 Attomey investigations, depositions, trials and
sentencing.
7. Provide transportation to the Pinellas County Juvenile Assessment
Center (P)AC), Juvenile Addiction Receiving Facility (JARF), and County lail.
8. Coordinate Emergency Medical Service (EMS) at the request of the
Principal, or his/her designee.
9. Receive a�d 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. 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 suspect 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 legitimate educational purposes they shall also constitute
confidential student records subject to the Family Educational Rights and Privacy Act, 20
U.S.C. §12328; 34 CFR Part 99, and H1002.22, 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 recordings, which are under the
control of the Pinellas County Schoots Police, the SRO shall contact Pinellas County
Schools Police to coordinate all issues necessary to access, view, take possession of or
otherwise use the school bus recording.
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 referrais to social agencies.
18. Relay messages in emergency situations (such as, tomadoes, or hurricanes)
19. Provide special truancy investigations and prepare for prosecution.
20. Coordinate investigation of bus stop inadents.
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 legitimatey and reasonably related to the SRO Program
as described in this Agreement, and so bng as the dufies are consistent with Staie and Federal law
and the policies and procedures of the Clearwater P.D.
23. Follow and conform to the School Board Pol'icy Manual, which is available at each
school site and F.S. §1006.12, that does not conflict with the policies and procedures of the Clearvvater
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 repo�t shall be
provided to the principal on a monthly basis.
25. SROs are recognized as an active part of the schooPs adminisfrative team. Their
dut�s as a team member refled their agency's direcaons and �nd their expertise to the review of
activities, duiy assignments, scheduling and identificafion of potential problems.
26. The Clearvvater Police Department witl provide an opportunity for Principals to
provide input on the SRO's performance.
E. Supnort Services to be Provided by Clearvwater P.D. The Clearwater P.D. shall
supPly the folbwing support services for SROs:
Maintain and file Uniform Crime Reporting (UCR) records according to law.
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 bome by the Clearwater 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.
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ARTICLE II. Relationship of SROs to Board and Clearwater P.D.
A. The SRO shall be an empbyee of the Clearwater P.D. and not an employee of
the Board. The Clearwater 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 intemal affairs section. Board employees
shall not conduct an intemal investigation of alleged improper conduct on the part of the SRO.
B. Nothing in this agreement or the relationship between the CPD and the
SRO and the Board shall be construed to abrogate the "general duty" on the part of
the CPD and the SRO to enforce the law. It is not the intent of the parties, and this
agreement shall not be construed to create a"special duty" on the part of the CPD and
the SRO to enforce the law for the benefit of any person or group of persons.
C. It is not the intention of the parties to, and this agreement shall not be
construed to create rights in third parties nor to create "third party beneficiaries" to
this agreement.
ARTICLE III. Charges for SRO Services.
In consideration of the services provided herein, the Boarcl shall pay to the Gty of
Clearwater the sum of $49,011.50 (Forty Nine Thousand Eleven Dollars and Ffty Cents) for
each of the three SROs totaling die sum of $147,034.50 (One Hundred Forty Seven Thousand
Thirty Four pollars and Ffty Cents) for the 2012-2013 oontractual term.
To the extent that security services are provided by Cl�rvvater P.D. at school functions
occurring after regular school hours, Clearwater P.D. shall be paid in accordance with the
Clearwater P.D. salary policy and procedures. The school at which such servioes 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 subm'�tted no later than the 15"' of ]une.
ARTICLE N. 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, the BoarcJ and the Chief, or their designee.s.
ARTICLE V. Amendments.
Changes in the terms of this Agreement may be aoo�mplished only by formal
amendment in writing approved by tl�e Clearvvater P.D. and the Board.
ARTICLE VI. Transfer of SROs.
Both the School Board and Clearwater P.D. desire to avoid the transfer of an SRO at the
request of a principal. Therefore, except in egreg'ious circumstances when the SRO's behavior
warrants immediate removal, the following procedures must be follow�:
A. Principals should engage in good personnel management practices to include
discussing any issues or concems with the SRO first, followed by consultation with the SRO's
supervisor if necessary.
B. If, after sufiicient time has been given for tl�e SRO to modifjr his/her performance,
and concems still exist, then the Principal will recommend to the Area Superintendent that the
SRO be trar�sf+�red from tl�e school, stating the reasons fnr 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 st�ff from the school, may be required to be present at
that meeting.
2. If, within a reasonable amount of time, the problem cannot be resoNed in
the opinion of bo�h the Supeiintendent and Chief, or their designees, then the SRO will be
transferned from t�he school and a replaoement 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 P.D.'s collective bargaining agreement with its union. Only the Clearvvater P.D., and
not individual SROs, can seek enforcement of the provisions of this Agreement. Nothing herein
shall preclude the Clearwater P.D. from unilateratly transferring the SRO at its sole discretion.
ARTICLE VII. Term of Agreement.
The term of this Agreement shall be for 1 year beginning on )uly 1, 2012
through )une 30, 2013.
ARTICLE VIII. Materials and Facilities Supplied by 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 I'�ghted, with a
telephone, to be used for general business purposes. Whenever practicable, the SRO 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 practicable. Clearwater P.D. will provide
the computer hardware to be utilized by the SRO, 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 both the computer and user. Network
use must conform to school board policy 7540.04, Use of Electronic Resour�ces.
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 ofiice supplies (e.g.
I�P�', P���, I�, etc.).
D. Access to a typewriter and/or secretarial assistance.
E. The SRO will be issued keys for complete acc�ss 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 negligence, the cost of any re-keying of the facility shall be bome
equally by the law enforcement agency and the Board.
G
ARTICLE D(. Termination.
This Agreement may be terminated by either party for cause upon seven (7) days written
notice that tlie 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 thirly (30) days written
notice.
ARTICLE X. Defense of Legal Actions.
A. Subject to the limitations contained in F.S. §111.07, the Clearwater P.D.
shall defend any lawsuit filed against the Clearwater P.D. or the SRO which arises out
of services performed by the Clearwater P.D. Clearwater P.D. procedures shall be
followed in handling such suits. The Clearwater 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. §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
arises out of services performed by the Board. 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
Clearwater P.D.
ARTICLE XI. Miscellaneous.
A. Assignment. This Agreement may not be assigned without the written
consent of the Clearwater P.D. and the Board.
B. Severability: 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.
Clearwater P.D. to:
Chief of Police, Clearwater P.D.
645 Pierce St.
Clearwater, FL 33756
Board to:
Chief of Police
Pinellas County Schools Police
11111 S. Belcher Rd.
Largo, FL 33773
Copy to:
City Attorney, City of Clearwater
112 S. Osceola Ave.
Clearwater, FI 33756
Copy to:
O�ce of 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. Governina 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.
F. Headings. The paragraph headings 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.
G. Due Authoritv. 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 WMEREOF the parties hereto have caused this Agree ent to be
executed by their duly authorized representatives on the �_ day of ,
2012.
THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA
By:
Attest: n� �
Print: Print:
Chairman DEC 1 4 2012 Ex-Officio Secretary
CITY OF CLEARWATER, FLORIDA
gy. Attest:
Print:
City Manager
Approved as to form:
Sign: � �
Print: l, � �C�i_.
i
School Board�ttorney,
Pinellas County Schools
Print
City Clerk
Print:
City Attorney
Signature Page — Schooi Resource Officer Program (2012-2013)
Countersigned:
— C�eorLC n�� �.�.�s
George N. Cretekos
Mayor
Approved as to form:
Robert . urette
Assista ity Attorney
0
CITY OF LEAR A R, FLORIDA
,
By:
William B. Horne II
City Manager
Attest:
�;iyac.h�. Z u� � ac�Q
Rosemarie Call
City Clerk
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