HomeMy WebLinkAboutMattituck Cutchogue School District AGREEMENT BETWEEN
THE BOARD OF EDUCATION OF THE
MATTITUCK-CUTCHOGUE UNION FREE SCHOOL DISTRICT
and
THE SOUTHOLD POLICE DEPARTMENT
for
THE SCHOOL RESOURCE OFFICER PROGRAM
This agreement is made and entered on the day of `� ' "" ;. 2019 between THE
BOARD OF EDUCATION OF THE MATTITUCK-CUTCHOGUE UNION FREE SCHOOL
DISTRICT,CUTCHOGUE,NEW YORK(hereinafter referred to as the"School Board"),and THE
SOUTHOLD POLICE DEPARTMENT (hereinafter referred to as the "Police Department");
WHEREAS, the School Board and the Police Department have a long history of successfully
working together with the common goal of providing for the safety and well-being of the
children; and
WHEREAS,a School Resource Officer Program has been proposed for the Mattituck-Cutchogue
Union Free School District as hereinafter described; and
WHEREAS, the School Board and Police Department recognize the potential outstanding
benefits of the School Resource Officer Program to the citizens of the Town of Southold and
particularly to the students of the Mattituck-Cutchogue Union Free School District;and
WHEREAS,it is in the best interests of the School Board and the citizens of the Town of Southold
to establish this program;
IT IS THEREFORE AGREED that the Police Department shall supply police officers to the
Mattituck-Cutchogue Union Free School District to be periodically assigned to the Mattituck-
Cutchogue Junior-Senior High School and Cutchogue East Elementary School as a School
Resource Officer ("SRO") based on the following terms and conditions:
ARTICLE I
Term of Agreement
A School Resource Officer Program is hereby established in the public school system of the
Mattituck-Cutchogue Union Free School System from July 1, 2019 to June 30, 2020. The
Agreement may be renewed upon mutual consent of the parties for additional one (1) year
periods upon the same terms and conditions set forth herein unless otherwise modified in writing
by the parties. The terms and conditions of any future agreements, including but not limited to
the provisions contained herein, shall be negotiated between the parties and memorialized in
writing.
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ARTICLE II
Rights and Duties of the School Resource Officer
Back U-2undZ Objective: The Southold Police Department SRO Program was established in
August 2018. School Resource Officers receive specialized training to assist them in making the
necessary accommodations to work within the school environment and forge positive
relationships with students, faculty, staff and administrators. The SRO serves as a direct liaison
between the school/district and the Southold Police Department.
Roles and Res onsibilities include but are not limited to:
• Perform all duties, responsibilities and lawful requirements of a duly sworn Southold
Police Officer.
• Forge and maintain effective relationships with all students, faculty, staff and school
administrators.
• Assist school leaders in the planning and execution of school safety drills including fire,
lockdown,lockout and reunification.
• Understand the school's Code of Conduct and assisting school personnel in
observing/reporting such infractions.
• Plan and assist with emergency response for various circumstances.
• Assist school officials when matters involving law enforcement officers are required.
• Observe and evaluate potential threats to the safety of the student body.
• Serve as a visible deterrent to illegal/dangerous activity.
• Handle requests for service in and around schools and follow up on reports that are
generated at school, engaging parents/community as needed.
• Conduct comprehensive safety and security assessments.
• Assist in the development of emergency management and incident response systems
including mitigation/prevention,preparedness,response and recovery.
• Integrate appropriate security equipment/technology.
• Respond to unauthorized persons on school property.
• Serve as a member of the school's Threat Assessment Team.
• Serve as a member of the school's Safety Committee.
• Communicate regularly with school security officers/director.
• Build relationships with juvenile justice counselors, parole officers and family court to
help connect youth with needed services.
• Develop and expand crime prevention efforts for students - offering workshops,lessons
and assemblies as appropriate.
• Partner with organizations, school faculty and advocates to develops and expand
community justice initiatives for students.
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ARTICLE III
Uniforms
Unless engaged in activities for which a uniform would be inappropriate,the officer(s) shall wear
uniform(s) in order to maintain a visible presence in the school and deter trespassers from
entering the school.
ARTICLE IV
Weapons
Officers may carry weapons when authorized by the Chief of Police. The weapon shall be carried
either:
A. Openly,in those circumstances where an armed presence may provide a useful deterrent;
or
B. Concealed,, only while in plain clothes and in circumstances where the officer may wish
to act informally with students,parents or faculty.
ARTICLE V
Transporting Students
It is agreed that the SRO shall not transport students in his/her vehicle except:
A. When the students are victims of a crime, under arrest, or some other emergency
circumstances exist.
B. When students are suspended and sent home from school pursuant to school disciplinary
actions, if the student's parent or guardian has refused or is unable to pick up the child
within a reasonable time period and the student is disruptive/disorderly and his/her
continued presence on campus is a threat to the safety and welfare of other students and
school personnel, as determined by the SRO or his/her supervisor.
C. If circumstances require that the SRO transport a student, then the school officials must
provide a school official or employee,of the same gender as the student to be transported,
to accompany the officer in the vehicles.
D. If the student to be transported is not under arrest, a victim of a crime, or violent or
disruptive, and no other emergency circumstances exist, the school administration shall
provide transportation for the student and the SRO may accompany a school official in
transporting a student.
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E. Students shall not be transported to any location,unless it is determined that the student's
parent, guardian or custodian is at the destination to which the student is being
transported. The SRO shall not transport students in their own personal vehicle for any
reason and shall not transport students in a police department vehicle, except as set forth
herein.
F. The SRO shall notify the school principal or his/her designee before removing a student
from campus. Removal shall not occur over the objection of the principal,unless the SRO
believes that the student has committed a criminal act, or when some other emergency
circumstance exists.
ARTICLE VI
Controlled Substances
A. School officials shall notify the SRO in all cases involving possessions,sales or distribution
of controlled substances at school or school activities.
B. Any controlled substance or suspected controlled substances confiscated by school
officials shall be turned over to the SRO for proper identification, chain of custody,
placement into police evidence and eventual destruction.
C. If there is probable cause to believe that a student or any other person has sold or is selling
controlled substances, the SRO shall be notified and the SRO should initiate appropriate
police department investigation or mandated police action.
ARTICLE VII
Access to Education Records
A. School officials shall allow the SRO to inspect and copy any public records maintained by
the school, including student directory information such as yearbooks. However, law
enforcement officials may not inspect and/or copy confidential student education
records,except in emergency situations.
B. If some information in a student's cumulative record is needed in an emergency situation
to protect the health or safety of the student or other individuals, school officials may
disclose to the SRO that information, which is needed to respond to the emergency
situation,based on the seriousness of the threat to someone's health or safety,the need of
the information to meet the emergency situation and the extent to which time is of the
essence.
C. If confidential student records information is needed, but no emergency situation exists,
the information may be released only upon the issuance of a search warrant or subpoena
to produce the records.
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ARTICLE VIII
Employment Status of the School Resource Officer
The School Resource Officer shall remain an employee of the Police Department,and shall not be
an employee of the Mattituck-Cutchogue Union Free School District School Board. Any such
officer shall remain responsive to the chain of command of the Police Department and shall
continue to remain subject to all rules and regulations of that agency.
ARTICLE IX
Insurance and Indemnification
A. The Town and/or the Police Department shall purchase and maintain in full force and
effect during the term of this Agreement a general comprehensive liability insurance
policy, with law enforcement liability coverage, in an amount of not less than Three
Million($3,000,000)Dollars for any actions or omissions that occur or claims that are made
during the term of this agreement.
B. The Police Department agrees to hold the Mattituck-Cutchogue Union Free School
District, its Board of Education, officers, agents and employees free, harmless and
indemnified from and against any and all claims, suits or causes of action, arising solely
from the negligent performance of the duties of the SRO in connection with their
participation in the SRO Program,no matter when such claim is brought.
C. The School Board shall purchase and maintain in full force and effect during the term of
this Agreement a general comprehensive liability insurance policy,with liability coverage
in the amount of not less than Three Million($3,000,000) Dollars for any acts or omissions
that occur or claims that are made during the term of this Agreement.
D. The School Board agrees to hold the Police Department,its officers,agents and employees
free, harmless and indemnified from and against any and all claims, suits or causes of
action, arising solely from the negligent performance of duties by the School Board in
connection with their participation in the SRO program, no matter when such claim is
brought.
ARTICLE X
Communication
The Superintendent of Schools and the Chief of Police shall maintain open communication
concerning the progress and effectiveness of the program. The school shall also designate an
administrator in the Mattituck-Cutchogue Junior-Senior High School to act as a liaison with the
SRO assigned to that school.
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ARTICLE XI
Termination of Agreement
This agreement may be terminated with or without cause by either party upon ninety (90) days'
written notice to the other party.
ARTICLE XII
Good Faith
The School Board, the Chief of the Police Department, their agents and employees agree to
cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or
questions will be resolved by negotiation between the Superintendent and the Chief of Police,or
their designees.
ARTICLE XIII
Modification
No understandings or agreements purporting to modify or vary the terms of this document shall
be binding,unless hereinafter made in writing and signed by the party to be charged.
ARTICLE XIV
Non-Assignment
This Agreement, and each and every covenant herein, shall not be capable of assignment unless
the written consent of the School Board and the Town is obtained.
ARTICLE XV
Merger
This Agreement constitutes a final written expression of all terms of this Agreement and is a
complete and exclusive statement of those terms.
IN WITNESS WHEREOF,the parties have caused this Agreement to be signed by their duly
authorized officers on the date written above.
BOARD OF EDUCATION, MATTITUCK-
CUTCHOGUE UNION FREE SCHOOL
DIST ICT
fi
1
President of the Board of Education
SOU"I" P KE PA .
...............
Chief o ' e
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°FFa RESOLUTION 2019-792
yv.> ADOPTED DOC ID: 15556
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-792 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 10,2019:
RESOLVED that the Town Board of the Town of Southold authorizes and directs Southold
Chief of Police Martin Flatley to execute an intermunicipal agreement between the Southold
Police Department and the Mattituck-Cutchogue Union Free School District, for the School
District's participation in the School Resource Officer Program, subject to approval from the
Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell