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HomeMy WebLinkAboutAgenda Report - May 5, 2021 C-16AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM Co -lb AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute a School Resource Officer Memorandum of Understanding with Lodi Unified School District (LUSD) for Four School Resource Officers for the Period September 1, 2021 — June 30, 2024 in the amount of $946,230 MEETING DATE: PREPARED BY: May 5, 2021 Chief of Police RECOMMENDED ACTION: Adopt Resolution authorizing the City Manager to execute a School Resource Officer Memorandum of Understanding with Lodi Unified School District (LUSD) for four School Resource Officers for the period September 1, 2021 — June 30, 2024 in the amount of $946,230. BACKGROUND INFORMATION: The Lodi Police Department, in a joint agreement with the Lodi Unified School District (LUSD), places four School Resource Officers (SROs) in the elementary, middle, and high schools within the City limits, Because of the mutual benefits of this program, LUSD agrees to compensate the City of Lodi $315,410 annually to pay for two of the four SRO positions. This program has been in effect for the last 20 years. The SROs are responsible for 20 different schools and are called upon approximately five to ten times per day for various requests including intervention, enforcement and stand-bys. This program is a very valuable tool that allows the Lodi Police Department to respond to the needs of LUSD without impacting patrol resources. In addition, the district will continue to provide office space for the SROs located at Lodi High and Tokay High, that includes furniture and general office supplies. FISCAL IMPACT: Adopting the resolution allows the Police Department to receive funding for two of the four school resource officer positions that otherwise would come from the General Fund in the amount of $946,230 for three years. FUNDING AVAILABLE Andrew Keys 10032000.71001 Police Operations Andrew Keys Deputy City Manager/Internal Services Director Sierra Brucia Chief of Police APPROVED: en Sc h bau , City Manager 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between the City of Lodi Police Department (Police Department) and the Lodi Unified School District (School District) effective July 1, 2021. SECTION 1. PURPOSE OF MOU The MOU formalizes the relationship between the participating entities in order to foster an efficient and cohesive program that will build a positive relationship between law enforcement and youth of our community, with the goal of ensuring that the School District provides all of its students with schools that are safe and that have an environment that is conducive to learning, This MOU delineates the mission, organizational structure, and procedures of the School Resource Officer Program {hereinafter the "SRO" Program) as a joint cooperative effort between the School District and the Police Department. The success of this program relies upon the effective communication between all involved employees, the principal of each individual Lodi school, and other key staff members of each organization. SECTION 2. TERM The term of this MOU shall begin on July 1, 2021 and end on June 30, 2024, unless terminated earlier as provided herein. The parties may renew this MOU only by separate written agreement or addendum hereto, which must be executed by both parties. SECTION 3. MISSION, GOALS, AN D OBJECTIVES The mission of the SRO Program is the reduction and prevention of school -related violence and crime committed by juveniles and young adults. The SRO Program aims to create and maintain safe and secure learning environments for students, teachers and staff. This is accomplished by assigning a Law Enforcement Officer employed by the Police Department (hereinafter referred to as "SRO") to District facilities on a permanent basis. Goals and objectives are designed to develop and enhance rapport between youth, police officers, school administrators and parents. Goals of the SRO Program include: a. Keep students learning in the classroom. b. Ensure that student discipline policies and procedures are designed and implemented to ensure that the imposition of discipline does not require a student's removal from the education program. c. Ensure nondiscrimination in the implementation of school safety practices. d. Treat all students fairly and equitably in the administration of discipline, without regard to race, color, national origin, disability, or sex. 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District e. Reduce incidents of school violence. f. Maintaining a safe and secure environment on school grounds. g. Reduction of criminal offenses committed by juveniles and young adults. h. Establish a rapport between the SRO and the student population. Establish rapport between the SRO and parents, faculty, staff, and administrators. Moreover, the SRO will establish a trusting channel of communication with students, parents and teachers. The SRO will serve as a positive role model to instill in students good judgement, respect for other students and staff, and a sincere concern for the school community. The SRO will promote citizen awareness of the law to enable students to become better -informed and effective citizens, while empowering students with the knowledge of law enforcement efforts and obligations regarding enforcement as well as consequences for violations of the law. SECTION 4. ORGANIZATIONAL STRUCTURE A. Composition, Supervision and Complaints of Discrimination. The Police Department shall assign four (4) full time law enforcement officers to serve as SROs. The SRO will be certified by the State of California and meet all requirements as set forth by the California Commission on Peace Officers Standards and Training. The City of Lodi Police Department shall retain the exclusive right to exercise the customary functions of management. The day-to-day operation and administrative control of the SRO Program will be the responsibility of the Police Department. However, the Department understands that the District's Uniform Complaint Procedure may be used by students, parents, staff, and third parties to file complaints of discrimination against any party, including an SRO or other Department staff member, for which the District provides significant assistance or has a contractual arrangement. The District will investigate any and all such complaints against SRO's and will meet with the Department to discuss the findings of its investigation and measures that the District must take to ensure that it complies with federal and state civil rights laws, which may include removal of an SRO from District schools and the program. The Department understands it is also bound by these civil rights laws through its contractual arrangement with the District and will cooperate with the District to ensure that they are carried out to the fullest extent. The Department also understands that it has joint responsibility for addressing any complaint of discrimination, regardless of the means through which the complaint was raised. For any Uniform Complaint Procedure complaint filed with the District against a staff member of the Department, the District will also notify the complainant of the Department's process and procedure for handling such complaints and encourage the complainant to file a complaint with the Department. 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District If the School District has concerns that an SRO's actions were not consistent with this MOU or with District policy, the SRO, and if necessary, the SRO supervisor, will work jointly with the District to resolve that issue. The SRO is employed and retained by the City of Lodi Police Department, and in no event will be considered an employee of the Lodi Unified School district. B. District will compensate the Department for two Police Officers in an amount not to exceed $26,285 per month or $315,410 per year. The School District pays for two (2) officers and the Lodi Police Department pays for two (2) officers for a total of four (4) officers. For any additional services, actual hours worked will be billed at the overtime rate of $88.70 per hour. 1. The Department shall within thirty (30) days after the end of each quarter provide District with a report of the previous quarter's activities and the quarterly invoice. 2. District shall make payment to the Department within thirty (30) days of its receipt of invoice. 3. The Department shall be responsible for all costs above the invoiced amount for providing police services including, but not limited to, personnel costs, materials, supplies, and equipment. The Department and the School District shall each name a contact person who will monitor the program. Each principal will designate a contact person for the school to facilitate communication. Currently the contacts are: For School District: Jerry Adams, Security Management Consultant For Lodi Department: Lt. Eric VerSteeg If contacts change during the duration of this MOU then the other signors will be notified. SECTION 5. PROCEDURES A. Selection. The SRO position will be filled per Department directives and selection process. The Department will make the final selection of any SRO vacancy but will ensure that the officer selected is: 1. Committed to working to help achieve the goals of the School District, including promoting a supportive learning environment, keeping students in class, learning, and on track for graduation, and reducing disproportionate student contact with the juvenile 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District justice system; and 2. Has and/or will obtain in the first 120 days of assignment experience and training in community policing, youth development, and restorative practices. B. SRO Program Structure Under this framework, the SRO is first and foremost a law enforcement officer for the providing law enforcement agency. The SRO shall be responsible for carrying out all duties and responsibilities of a law enforcement officer and shall remain at all times under the control, through the chain of command, of the law enforcement agency. The SRO shall follow the terms of the MOU and any policies and procedures that the District has established for SRO's. School officials will ensure that routine student disciplinary matters remain the responsibility of school staff and not the SRO. Classroom management and enforcement of the code of student conduct is the responsibility of teachers and administrators and not the SRO. The SRO shall not be involved in the enforcement of disciplinary rules or addressing student behavior that does not constitute a major threat to school safety or serious school-based criminal conduct that cannot be safely and appropriately handled by the school's internal disciplinary procedures. SRO's should not be requested to interview students or collect evidence for School District disciplinary purposes, including for expulsion matters. Disciplinary issues relating to students to be handled by school administrators (and thus for which the School District shall not generally notify or request SRO assistance) include but are not limited to: 1. Trespassing; 2. Loitering; 3. Profanity; 4. Insubordination/defiance; 5. Verbal abuse and/or harassment; 6. Failure to wear or correctly wear school uniform or follow policies regarding clothing; 7. Possession of a prohibited item that does not violate the penal law (i.e. cell phones); 8. Lateness, cutting class, absenteeism or truancy; and 9. Alleged or witnessed promoting or claiming of a neighborhood or crew (including verbally, through graffiti, through clothing or hand signs). The SRO is not a formal counselor or educator, and will not act as such. 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District SECTION 6. DUTIES AND RESPONSIBILITIES A. SRO. The responsibilities of the SRO will include but are not limited to: 1. The SRO shall follow the chain of command as set forth in the policies and procedures manual of the Department, the terms of this MOU and any and all policies and procedures established for the SRO program to ensure compliance with Title VI and its implementing regulations. School authorities and the parents of any child involved shall be notified as quickly as possible when the SRO takes any direct law enforcement action involving a student, relative to their SRO duties. 2. Complete reports and investigate crimes committed on campus. Coordinate with the District to provide the District with data by race, ethnicity, disability, age, and sex, regarding referral of students to law enforcement by school staff, as well as all questioning, search, citations, and arrests, as well as any other sanctions of students. Provide monthly reports of this information to their primary school site principal, who will forward reports to the District office of Positive School Climate. See attached data collection form entitled "School Resource Officer Interactions". 3. Confiscated contraband or evidence shall be handled in accordance with Lodi Police Department policy and shall not be stored at school sites. 4. Coordinate, whenever practical, investigative procedures between law enforcement and school administrators. The SRO shall abide by all applicable legal requirements concerning interviews or searches should it become necessary to conduct formal law enforcement interviews or searches with students or staff on school property or at school functions under the jurisdiction of the Lodi Unified School District. The SRO will not be involved in searches conducted by school personnel unless a criminal act is involved that constitutes a major threat to school safety or serious school- based criminal conduct that cannot be safely and appropriately handled by school personnel or unless school personnel require the assistance of the SRO because of exigent circumstances, such as the need for safety or to prevent fight. Formal investigations and arrests bylaw enforcement officials will be conducted in accordance with applicable legal requirements. 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District 5. Take appropriate enforcement action on criminal matters that constitute a major threat to school safety or serious school-based criminal conduct that cannot be safely and appropriately handled by school personnel, as necessary. The SRO shall, whenever practical, advise the principal when requesting additional enforcement assistance on campus and inform the principal of any additional law enforcement responsibilities that may need to be undertaken. 6. The SRO will wear the Lodi Police Department issued uniform with all normal accessories and equipment. The Lodi Police Department may allow an exception to this rule at their discretion based on investigatory or policing needs. 7. The SRO shall be highly visible throughout the campus, yet be unpredictable in their movements. For officer safety reasons, the SRO shall not establish any set routine, which allows predictability in their movements and their locations. s. Confer with the principal or designee to develop plans and strategies to prevent and/or minimize dangerous situations on or near the campus or involving students at school -related activities. 9. Comply with the Office for Civil Rights and District investigation of alleged discrimination to ensure equal treatment of all students on the basis of race, color, national origin, disability and sex, including by making SRO's available for investigative interviews and by providing requested documents and data (such as data related to SRO -student contacts). 10. The SRO shall attend school special events as needed (for example, PTA meetings). Upon request and approval by the Lodi Unified School District, any other expenses generated beyond the assigned workday (for example, school dances, football games, etc.) by the SRO or any other Lodi Police Officer in their absence, will be billed to the Lodi Unified School District as they occur. 11. Attend law enforcement agency in-service training as required. Reasonable attempts will be made to schedule such training to minimize his/her absence from school on an instructional day. 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District 12. Attend meetings of parent and faculty groups to solicit their support and understand ng of the school resource program and to promote awareness of law enforcement functions. 13. The SRO will be familiar with community agencies offering assistance to youths and their families such as mental health clinics, drug treatment centers, etc., and may make referrals when appropriate. 14. It is the responsibility of the SRO to report schedule conflicts or leaves of absence to the School District. 15. The SRO will meet at the conclusion of each school year with representatives of the School District to examine how and when students are referred, sanctioned after referral, cited, searched, and arrested at each school site and to consider whether the data shows that students from certain racial/ethnic groups are referred, cited, searched, or sanctioned more harshly than similarly -situated students from other racial/ethnic groups. If the District has concerns that an SRO's actions were not consistent with the MOU or District policy, the SRO, and if necessary, the SRO supervisor, will work jointly with the District to resolve that issue. 16. Attend and participate in annual trainings by the School District designed for the SRO program. All SRO's shall attend an annual SRO training. Other law enforcement officers who are regularly on District school sites will be offered training, and the Department will encourage such officers to attend such trainings. SRO's that begin work more than two months before the annual training must receive an orientation program. The orientation program and training will cover the following information: a.The distinction between disciplinary infractions appropriately handled by school officials for which SRO's should not be involved, and threats to school safety or serious school- based criminal conduct that cannot be safely and appropriately handled by the school's administrative procedures; b.The SRO's role in ensuring a safe educational environment and the fair and equitable treatment of all District's students in relation to discipline; c. Information on how to work with the District's students in a manner 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District consistent with District policies and the resources available to the SRO's to assist them in this regard; d.The District's discipline policy, the definition of offense categories, the specific manner in which progressive disciplinary consequences will be employed, if applicable, the circumstances under which deviations from established policies and procedures may be justified, and resources that are available to students to assist them in developing social emotional competencies; e.The District's commitment to recognizing and reinforcing positive student behavior and to ensuring, to the maximum extent possible and permitted by and consistent with law, that misbehavior is addressed in a manner that does not require exclusion from the educational program; f. The district's obligations to ensure that all district programs and its engagement and use of SRO's are administered in a nondiscriminatory manner. 17. Where possible, the SRO will attend meetings and trainings for school personnel provided by the School or District regarding strategies for recognizing and reinforcing positive behavior and about the value of non - exclusionary interventions. 8. SRO SUPERVISOR. The responsibility of the SRO supervisor will include but are not limited to: 1. Coordinate work assignments of the SRO. 2. Ensure SRO compliance with Police Department directives, this MOU and the policies and procedures established for the SRO program. 3. Coordinate scheduling and work hours of the SRO's {Vacation requests, sick leave, etc.) 4. Work with the schools to make any needed adjustments to the SRO program throughout the school year. Make an attempt to coordinate changes in SRO assignment after the conclusion of the school year and prior to the start of the school year, when possible. 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District 5. Complete the SRO's annual performance evaluation. The SRO supervisor will request feedback from the schools designated contact person during the evaluation process. 6. Ensure that a member of the Police Department, having a rank of Lieutenant or above, maintain communication with Lodi Unified School District administration, or their designee, and conduct face to face meetings at least twice per semester to evaluate the performance services provided by the SRO. 7. Ensure that this MOU is distributed to all of its officers, supervisors, and SRO's and that appropriate training regarding the provisions of this MOU and their responsibilities under the MOU is provided. C. SCHOOLS. The responsibility of the Schools will include but are not limited to: 1. The District is obligated to ensure that it does not, through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, color, national origin or disability, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program for individuals of a particular race, color, national origin, or disability. The District may not aid or perpetuate discrimination against any person by providing significant assistance to an agency organization, or person that discriminates on the basis of sex or disability in providing any aid, benefit or service to students. If a District provides significant assistance to an outside entity and the entity is shown to have discriminated on the basis of sex, or disability, the District must take steps to obtain compliance from the organization or terminate its assistance. 2. The District shall provide the SRO with a private, appropriately furnished and climate controlled office space at the primary School site that can be secured and is reasonably acceptable to the City of Lodi Police Department. This shall include but is not limited to a desk with drawers, chair, filing cabinet for files and records which can be properly locked and secured, a telephone, school radio and computer. Contraband/Evidence shall not be stored at school sites. 3. Reasonable opportunity to address students, teachers, school administrators, and parents about the SRO program, goals and objectives. Administrators shall seek input from the SRO regarding criminal justice problems relating to students and site security issues. 4. When school personnel discover weapons, drugs, alcohol, or other illegal contraband 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District that constitutes a major threat to school safety or serious school-based criminal conduct on school property, the SRO shall be notified as soon as reasonably possible. If no juvenile or criminal charges are to be filed and no administrative action is to be taken by the Schools, the contraband shall be confiscated by the SRO according to Police Department policy and properly disposed of off campus. 5. School personnel shall not request SRO involvement in routine disciplinary matters or violations of school codes of conduct unless the issue constitutes a major threat to school safety or serious school-based criminal conduct. 6. School personnel shall timely notify the SRO with the names of specific individuals who are not allowed on school property. 7. Work cooperatively with the Police Department to make any needed adjustments to the SRO program throughout the year. 8. Provide the Police Department with updated copies of all laws, rules, regulations, and school board policies applicable to employees of the School, including but not limited to laws, rules, regulations and policies regarding access to confidential student records and/or the detention, investigation, and searching of students on school premises. 9. Ensure that this MOU is distributed to all of its school sites and that appropriate training regarding the provisions of this MOU and staff responsibilities under the MOU is provided. 10. The SRO will be expected to visit: Lodi, Tokay and Liberty High schools; Millswood and Lodi Middle schools; Beckman, Borchardt, Larson, Needham/West, Nichols, Vinewood, Lawrence, Lakewood, Woodbridge, Washington and Heritage elementary schools. SECTION 7. ENFORCEMENT The SRO shall intervene on campus, consistent with this MOU and District policy, when it is necessary to prevent any major threat to safety or serious school-based criminal activity that cannot be safely and appropriately handled by the school's internal disciplinary procedures or to otherwise maintain a safe school environment. Citations shall be issued and arrests made only when appropriate to address major threats to safety or serious school-based criminal activity that cannot be safely and appropriately handled by the school's internal disciplinary procedures and consistent with the goals of this MOU, and in accordance with California state law and department policy. The SRO and the Department will have the final decision on whether criminal charges shall be filed but will take into consideration any information that the District has determined that a sanction is not appropriate or an allegation is unfounded. The 2021-24 SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District Department will reserve the right to temporarily remove the SRO in the event that additional officers are needed during a critical incident or natural disaster and will notify the School District contact as soon as practical in the event that it will last more than 1 day. SECTION 8. TERMINATION This Agreement shall be in effect from July 1, 2021 to June 30, 2024. Modifications to this Agreement may be made as mutually agreed upon in writing by the parties. This Agreement may be terminated by either party upon thirty (30) days written notice. SECTION 9. HOLD HARMLESS A. Each party shall hold the other harmless from any claim arising from the implementation of the agreement to the extent of the indemnifying party's responsibility for the claim. B. The School District and the Department mutually covenant and agree that neither party will insure the actions of the other, and each party will assume its own responsibility in connection with any claims made by a third party against the City of Lodi Police Department and/or the Lodi Unified School District. SECTION 10. NOTICE Any notice, consent or other communication in connection with this Agreement shall be in writing and may be delivered in person, by mail or by email. If hand -delivered, the notice shall be effective upon delivery. If by email, the notice shall be effective when sent. If served by mail, the notice shall be effective three (3} business days after being deposited in the United States Postal service by certified mail, return receipt requested, addressed appropriately to the intended recipient as follows: SCHOOL RESOURCE OFFICER MEMORANDUM OF UNDERSTANDING Between the City of Lodi and Lodi Unified School District City of Lodi: Lodi Unified School District: Stephen Schwabauer City Manager ATTEST: Jennifer Cusmir City Clerk of the City of Lodi Approved as to form: City Attorney Date Leonard Kahn Chief Business Officer Approved by: Date Dr. Cathy Washer District Superintendent Janice D. Magdich Date City Attorney ATTEST: Sierra Brucia Chief of Police Date Date RESOLUTION NO. 2021-123 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH LODI UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICERS WHEREAS, the Lodi Folice Department, in a joint agreement with the Lodi Unified School District, annually sponsors four School Resource Officer (SRO) positions for the elementary and secondary schools within City limits; and WHEREAS, the Lodi Unified School District agrees to compensate the City of Lodi $26,285 per month, or $315,410 annually, for two of the four SRO positions; and WHEREAS, the Lodi Unified School District will continue to provide office space for the SROs located at Lodi High and Tokay High, including furniture and general office supplies. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Memorandum of Understanding with Lodi Unified School District for four School Resource Officers for the period September 1, 2021 to June 30, 2024, in the amount of $946,230; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: May 5, 2021 I hereby certify that Resolution No. 2021-123 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 5, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None JENNIFI= CUSMIR City Clerk 2021-123