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Home My WebLink AboutMOA - School Resource Officer - between SLO PD and San Luis Coatal Unified School DistrictMEMORANDUM OF AGREEMENT between 1W San Luis Coastal Unified School District and the San Luis Obispo City Police Department This Memorandum of Agreement ("Agreement") between San Luis Coastal Unified School District ("District") and the San Luis Obispo Police Department ("Department") for the purpose of partnering and coordinating the use of a School Resource Officer ("SRO"). The SRO position provides a valuable and efficient means to ensure a safe environment on the campuses of the District and maintain a positive influence of support directed specifically toward the youth in our community. To that end, the Parties agree as follows: Term of Agreement. This Agreement shall be effective April 1, 2019 following ratification by the District's Governing Board and approval by the City of San Luis Obispo, and shall remain in effect until June 30, 2021. Either party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other party. Notwithstanding the foregoing, either party may terminate this Agreement if the other party materially breaches any of the terms of this Agreement, and such termination shall be effective immediately upon the breaching party's receipt of the notice. 2. SRO Service. The Department agrees to assign one sworn police officer to serve as the SRO at the District's schools within the City of San Luis Obispo. a. The SRO will wear the regulation police uniform and operate a marked police patrol vehicle while on duty, unless otherwise authorized by a supervisor for a specific purpose. b. The SRO will work to prevent juvenile delinquency, enforce the Penal Code and ensure campus safety through close contact and positive relationships with students. c. The SRO may conduct and or coordinate parking traffic enforcement during critical commuting hours and to encourage compliance with state and local traffic laws. d. Upon request of and after meeting with the District staff, the SRO will collaborate and conduct interrogations, searches, and seizures of students. District -initiated searches and seizures will follow the reasonable suspicion standard and SRO -initiated searches and seizures will follow the probable cause standard. The SRO shall follow all applicable federal and state laws regarding these practices. e. The SRO will also coordinate with District staff to document and address truancy issues, enforce truancy laws, and conduct student and parent education on the topic. f. During summer and other school breaks, the SRO may be periodically assigned to patrol District schools or perform other duties to maintain the necessary and required skills of a sworn police officer operating as an SRO. g. During summer and on days when school is not in session, the SRO will work with school personnel to write and update school emergency plans, conduct school threat assessments at all District schools, develop and provide training to school staff, coordinate crime prevention programs, continue positive relationships with students at summer leadership and diversion programs and other youth -based activities, participate as a regular partner in the District's broader school safety planning apparatus, and perform other tasks deemed necessary and appropriate by the District and the Department. h. The Parties agree that preference should be given for the SRO to remain on District campuses and perform SRO services. The Department shall only call on the SRO to perform other tasks when necessary. 3. Student Discipline. District staff shall be responsible for student discipline and shall make all decisions regarding the imposition of discipline for students enrolled at their campus and to enforce the Education Code. The SRO agrees to collaborate with student discipline matters upon request. 4. Costs. In exchange for the provision of SRO services, the District shall pay the Department the full cost of a police officer in accordance with the terms of this Agreement. Such costs include but are not limited to salary, benefits, overtime (if requested and/or as agreed upon), contributions to Ca1PERS, health benefits, educational incentives, and all costs and benefits that the Department is required to provide to the officer. The District will pay the Department quarterly within 30 days of receiving an invoice from the Department. 5. Emnlovment. The SRO is an employee of the Department and remains under the Department's administration, supervision, and control. The SRO is not an employee or agent of the District. The SRO is required to abide by all laws, policies and rules/regulations set forth by the Department. 6. L(mionicnt/lIarkin. The District shall provide the SRO with office space and access to a computer with an Internet connection to be able to connect to the Department's information systems remotely while working at San Luis Obispo High School. The District shall also provide the SRO with a school radio for communications with other school personnel, and a safe and visible parking space for an emergency response vehicle. The Department will provide the SRO with a department vehicle, as available, and all other necessary equipment authorized and required by the Department, including a communications system to communicate with the Department. The Department shall also provide the SRO with a Preliminary Alcohol Screening (PAS) device and will work to obtain a Marijuana/THC detection device when available. 7. Student Records. The parties agree that the SRO shall be allowed access to necessary school attendance and discipline records for which the SRO has a "legitimate educational interest." The SRO shall not inspect or copy confidential student records outside the scope of the SRO's service, including any record related to a student's immigration status, except as allowed by law. The District remains in direct control of the use, maintenance and disclosure of student records in accordance with Education Code section 49076 and other applicable provisions of law. 8. flours of Employincnt. The SRO is expected to be present at San Luis Obispo High School on a "9/80" schedule. The 9/80 work schedule occurs over a two-week period while classes are in session. The SRO will work eight 9 -hour days and one 8 -hour day over that two-week period, receiving one day off every other week which shall be used on a school holiday when applicable. The parties agree the SRO will be assigned to the San Luis Obispo High School between 7:00 a.m. to 3:30 p.m. during the 9 -hour days and 7:00 a.m. to 2:30 p.m. during the 8 -hour day every other week. The parties agree to adjust these hours as needed to allow the SRO time to respond to calls from other District schools, be present at school events, activities, or expulsion hearings outside of normal school hours, or for time spent at training or performing other tasks as assigned by the Department. 9. Training. The Department shall provide the assigned officer with appropriate SRO training and other required training to maintain peace officer status, in accordance with applicable law enforcement standards. The Department shall also provide training to additional San Luis Obispo Police Officers to backfill the SRO position and cover absences due to scheduled training, vacation, or other unforeseen leaves to insure officer presence on campuses. 10. reedOa3cl; and Ev.aluatioti. Both parties will work together to develop and implement procedures to provide periodic feedback and evaluation data for the purpose of measuring crime trends at District schools, the development of positive working relationships with students, school staff and parents/guardians, and the SRO's effectiveness. 11. Nondiscrimination. Neither the District nor the Department shall discriminate because of race, religion, color, national origin, disability, marital status, age, sex, or gender against any person when fulfilling duties under this Agreement. 12. Indemnification. • The City of San Luis Obispo and/or Department shall indemnify, defend, and hold harmless the District, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, reasonable attorney fees, expert witness fees and prevailing party fees and cost) arising out of or resulting from the performance of this Agreement, caused by any negligent or wrongful act or omission of the City and/or Department, its officers, agents, employees, or anyone directly or indirectly acting on behalf of the City and/or Department. • The District shall indemnify, defend, and hold harmless the City of San Luis Obispo and/or Department, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, reasonable attorney fees, expert witness fees and prevailing party fees and cost) arising out of or resulting from the performance of this Agreement, caused by any negligent or wrongful act or omission of the District, its officers, agents, employees, or anyone directly or indirectly acting on behalf of the District. ■ It is the intention of the Parties that, where fault is determined to have been contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any damage attributable to the fault of that Party, its officers, directors, agents, employees, volunteers, subcontractors, and governing board. • Each Party shall immediately notify the other party of any claims or legal actions arising out of the performance of this Agreement. • The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the Department qr the SRO that they would not owe in the absence of the Agreement, unless expressly provided herein. The Parties further acknowledge that by entering into this Agreement neither the Department, the SRO, nor the District intends to waive any immunities to which they would be entitled in the absence of the Agreement. 13. Com liance with Law. The Department shall provide the services specified in this Agreement in accordance with any applicable federal and state statutes, as well as local regulation and Department directives. 14. Severability. If any term or provision of this Agreement is determined to be unlawful or in conflict with any law of the State of California, the validity of the remaining portions or provisions shall not be affected. Each term or provision of the Agreement shall be valid and enforced as written to the fullest extent permitted by law. 15. Amendment. This Agreement may only be modified by a written amendment signed by both parties. Approved by the respective agencies: City of San Luis Obispo By: Derek Johnson, City Manager Date: 0 5- i) San Luis Coastal Unified School District Eric Prater, Ed.D. Superintendent Date: 1-7/19