Loading...
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. 1 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. 2 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. 3 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. 4 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. 5 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 6 °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