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HomeMy WebLinkAboutMO #2426MUNICIPAL ORDER NO. 2426 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PADUCAH AND THE PADUCAH INDEPENDENT SCHOOL DISTRICT, TO ESTABLISH A PARTNERSHIP TO ALLOW THREE (3) PADUCAH POLICE OFFICERS TO SERVE AS SCHOOL RESOURCE OFFICERS. WHEREAS, in March 2020, the City of Paducah applied for a grant through the Office of Community Oriented Policing Services (COPS). The purpose of the grant was to fund the hiring of three (3) police officers that will serve as School Resource Officers in partnership with the Paducah Independent School District, and WHEREAS, the City if Paducah received approval of a grant award in an amount up to $375,000 and formally approved acceptance of the grant by adopting Municipal Order 2369 on August 11, 2020; and WHEREAS, the City of Paducah now wishes to enter into a Memorandum of Understanding with the Paducah Independent School District to clearly define roles and responsibilities, along with the purpose of the program, and the financial obligations of Paducah Independent School District. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute a Memorandum of Understanding, in substantially the form attached hereto and made part hereof (Exhibit A), between the City of Paducah and the Paducah Independent School District to establish a partnership to allow three (3) Paducah police officers to serve as school resource officers, and to clearly define roles and responsibilities, along with the purpose of the program. Additionally, the MOU will outline the financial obligations of Paducah Independent School District SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. Mayor George Bray ATTEST: Lindsay Parish, CitrIerk Adopted by the Board of Commissioners, January 26, 2021 Recorded by Lindsay Parish, City Clerk, January 26, 2021 \rno\1VI0U-Paducah Independent School District — Resource Officers 2021 Exhibit A Memorandum of Understanding THIS AGREEMENT made and entered into this day of , 2021, by and between the City of Paducah and the Paducah Public School System for four (4) years commencing August , 2021 and expiring August 2025. It is expressly agreed and understood that the Paducah Public School System and the City of Paducah shall not be bound hereby beyond the foregoing four (4) year term but may continue the services as set forth herein, at which time a new Agreement will be negotiated. WITNESSETH: WHEREAS as part of HB330 and as particularly codified in KRS 158.441, the 1998 General Assembly authorized the provisions for School Resource Officer (hereinafter "SRO") services by means of a contract to be entered into by a local school district through its Board and a law enforcement agency; WHEREAS, the Paducah Public School System and the City of Paducah desire to set forth in this School Resource Officer Agreement (hereinafter "SRO Agreement") the specific terms and conditions of the services to be provided by said SRO and School System; WHEREAS, the City of Paducah has been awarded $375,000 from the Department of Justice, Community Oriented Policing Services (COPS) Hiring Program (CHP) (award number 2020UMWX0363) and the funds from that award will be used to assist in the funding of this Agreement; WHEREAS, the use of the CHP funds are authorized by CHP because Paducah Public School System is located within the jurisdiction of the City of Paducah. I. Purpose The purpose of this Agreement is to engage in a partnership between the Paducah Police Department and the Paducah Public School System for the establishment of a School Resource Officer Program (hereinafter "SRO Program"). The establishment of the SRO Program will be executed in conjunction with the U.S. Department of Justice, Community Oriented Policing Services (hereinafter "COPS") School Resource Officer COPS Hiring Program (hereinafter "CHP"). The Paducah Police Department, contingent on the availability of and hiring of qualified officers to fulfill the role of SRO, will endeavor to provide three (3) certified police officers for the duration of this Agreement. The purpose of establishing this SRO Program will be to provide the youth of the community with a safe learning environment which is free of distractions created by the fear of violence. In doing this, each SRO will assist in meeting the needs of students to help create a promising future while building stronger relationships between the youth of the community and the law enforcement officers tasked with their protection. II. Roles and Responsibilities of the Paducah Police Department The Paducah Police Department SRO team will be tasked with the following duties: The Paducah Police Department will: • Employing certified police officers, including, without limitation, (1) the payment of all salary, wages, and benefits; (2) maintenance of workers' compensation, unemployment and other insurances; and (3) making all necessary tax withholdings. Provide a safe and secure learning environment for students and teachers. Coordinate with other community resources such as non -profits that provide services to youth in need, the Cabinet for Health and Family Services, the Department of Juvenile Justice, Child Protective Services, Paducah Schools Student Resource Office, and other partners who may assist in the development of the youth of our community. Provide safety training and education for both students and school faculty. • Promote positive relationships between the Paducah Police Department, youth, their parents and faculty. • Ensure the SRO is a positive role model who upholds both the values of the Paducah Police Department and complies with the policies and procedures of the Paducah Public School System. • Ensure the SRO assists with security at special events, sporting events and other after-school programs as designated by the school administration and a designee of the Chief of Police. • Provide criminal reporting and investigate services as outlined by Kentucky Revised Statutes, Paducah Police Department Policies and Procedures and Paducah Public School System Policies and Procedures. • Maintain detailed records and reports of weekly activities for both the school and police department chain of command. • Assist with school security measures and security assessments. • Assist with the implementation of the maintenance of youth programs such as, Handle With Care as outlined in the School Safety & Resiliency Act, Family Accountability, Intervention and Response Team (FAIR Team), D.A.R.E. and the Summer Lunch Program. • Take appropriate law-enforcement action when necessary while weighing the protection and safety of students. • Assist with victim advocacy of at -risk students. • Assist with the administration of KRS 156.095, KRS 158.1559, KRS 158.4412, 158.162, KRS 620.030 and the directives outlined therein. • Take an active role in Positive Behavior Interventions and Supports (PBIS) within the school. • Ensure that only under exigent circumstances or through direct supervisor approval shall the SRO leave the campus during school hours. In fulfilling these duties, the Paducah Public School System understands that the SRO(s) will not act as a school disciplinarian, as disciplining students is the responsibility of the school. Acts of truancy and violations of the school's standards of conduct will be enforced by school faculty. III. Roles and Responsibilities of the Paducah Public School System The Paducah Public School System will: • Provide SRO(s) with a secure location for the storing of files, documents and personal belongings. • Provide a private location for the SRO(s) to speak with possible victims, at -risk youth, and youth who are suspected to be involved in criminal activity. • Provide usual and customary office supplies the SRO(s) may require. • Provide each SRO with a Paducah Public School System Policy and Procedure Manual. IV. Authority All SRO(s) will be certified police officers as specified within KRS 15.380 to KRS 14.404. The Paducah Police Department recognizes and respects the authority of the principal, and his or her designee, to be the primary leader and manager of each school campus. The SRO, however, has the authority and responsibility to ensure proper decisions are made in reference to crimes, crime scenes, and any incidents that pose a serious threat to public safety. During any law enforcement -related event on a school campus, the SRO will consult the principal or designee in the law enforcement decisions being made to resolve the incident when feasible. During any law enforcement related event, it may become necessary for the SRO to temporarily take charge of the incident and/or school campus to protect the integrity of the investigation and/or crime scene and ensure the safety of the students and staff, until properly relieved. V. Chain of Command SRO(s) assigned to the Paducah Public School System shall follow the regular chain of command structure as established by the Paducah Police Department Policies and Procedures and as designated by the Chief of Police. Each SRO will be assigned to a designated school(s) and shall report to said school during regular session. The SRO(s) will meet and communicate with school faculty on a daily basis to address any needs or issues which may arise. VI. Training and Probationary Period SRO(s) will complete a National Association of School Resource Officers (NASRO) 40 -hour basic training course within nine months of the CHP award date of , 2021 or six months from the SRO hire date, whichever comes first. SRO(s) will also undergo a 12 -month probationary period of monthly evaluations. The monthly evaluations will be conducted by the direct supervisor of each SRO(s) with input from school faculty. Once the 12 -month probationary period is complete the SRO(s) will be placed on a quarterly evaluation cycle to be completed by their direct supervisor with input from school faculty. VII. Selection of SRO(s) SRO(s) shall be vetted in the same manner and by the same governing policies and procedures as all Paducah Police Department Officers. The Paducah Public School System shall be allowed to participate in the interviewing and selection of vetted and qualified applicants. The Paducah Public School System may request replacement or removal of an SRO for violations of the system's policies and procedures and the Paducah Police Department will comply with all such reasonable requests. VIII. Cost Reimbursement The parties acknowledge and agree that the Paducah Public School System is responsible for and will reimburse the City of Paducah General Government for the cost and expenses as follows: The COPS CHP grant, which has been granted and by which this Agreement the City of Paducah shall administer, will fund up to 75% or $375,000, whichever is less, of the costs associated with the salary and fringe benefits of three (3) certified Paducah Police Officers for a period of four years. The rate of local responsibility and yearly reimbursement by the Paducah Public School System shall be set (in percentages) at: • Year 1 30% estimated at $119,446.431 • Year 2 32% estimated at $127,409.53 • Year 3 38% estimated at $151,298.82 • Year 4 50% estimated at $159,595.82 The City of Paducah will invoice the Paducah Public School System on a quarterly basis. During the 0' quarter billing cycle, the City of Paducah Finance department shall reconcile any payroll related changes to salary and fringe benefits. Examples of this include, but are not limited to, changes in Federal, State or Local payroll law and/or the Kentucky Retirement System. In the event that an SRO position cannot be filled, the Paducah Public School System will not be liable for reimbursement of the vacant position(s). IX. Equipment and Uniform The Paducah Police Department will be responsible for all costs related to the training, uniforms, and equipment for each SRO. This may include, but not be limited to, a Paducah Police Department vehicle, uniforms as designated by Paducah Police Department Policy and Bargaining Unit contract, and duty equipment. X. No Discrimination and/or Civil Rights Violations The Parties will endeavor to ensure that their employees and/or agents do not violate any discrimination and/or civil rights laws, specifically including, but not limited to: Section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); Section 901 of the Education Amendments 1 The parties hereby agree and understand that the four dollar figures contained herein are mere estimates and the actual dollar figures may be more or less than the estimates. of 1972 (20 U.S.C. § 1681); Section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); Section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); Section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); Section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and Section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)). XI. No Exclusion or Disqualification, Fraud, Bribery or Gratuity The Paducah Public School System hereby acknowledges and verifies that it is not excluded or disqualified from participation in federal assistance programs and agrees to comply with subpart C of the OMB guidance in 2 C.F.R. Part 180 (Government -wide Debarment and Suspension) and subpart C of 2 C.F.R. Part 2867 (DOJ -specific requirements). The Paducah Public School System also agrees that if it becomes aware of any federal violations involving fraud, bribery, or gratuity that may affect the awarded federal funds, it will immediately contact the Chief of Police of the Paducah Police Department so that a report may be made to the Department of Justice. XII! Entire Agreement T'he Parties Acknowledge that this is the entire agreement between them but further (understand that this Agreement may be subject to modifications and revisions in an ongoiing joint effort to keep same compliant with State and Federal laws and into this the day of Public Schools OVA City of Paducah BY: