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HomeMy WebLinkAboutResolution #5407 - intergovernmental agreement with Canton Union School District #66 for school resource officer programRESOLUTION NO. 5407 A RESOLUTION TO APPROVE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON AND CANTON UNION SCHOOL DISTRICT #66 FOR A SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, the City of Canton, Illinois (the "City") is a non -home rule municipality that employs a full-time police department; WHEREAS, Canton Union Schoon District No. 66 (the "School") is an Illinois school district located in Canton, Illinois providing K-12 education to Canton citizens; WHEREAS, in an effort to provide a safe and secure environment at the School, the City and the School previously entered into an Agreement for a Police Liaison Officer in 1999 ("Police Liaison Program"); and WHEREAS, the City and School have subsequently entered into various. letters of understanding regarding the Parties' financial responsibilities related to the Police Liaison Program; and WHEREAS, the City and the School now wish to terminate the Police Liaison Program and to establish the new SRO Program utilizing up to two (2) full-time sworn City police officers to serve as the School Resource Officer(s) ("SRO"); and WHEREAS, the City Council finds that it is in the best interests of the City; the- School, and its students that the new SRO Program be established, effective immediately, and to enter into an intergovernmental agreement with the School in a form substantially consistent with the attached Exhibit A; and WHEREAS, such an intergovernmental agreement is authorized by Article VII, Section 10 of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), all as amended from time to time, which provide for the execution of agreements and implementation of cooperative ventures between public agencies or local governments of the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the Mayor of the City of Canton, Illinois is hereby authorized to execute an intergovernmental agreement, substantially in the form as attached hereto as Exhibit A, upon finalizing its terms with School. 2. That the City Attorney is authorized to revise the attached intergovernmental agreement upon negotiations with the School, provided said revisions shall approved by the Mayor �? ; prior to execution; 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 17th day of January, 2023, upon a roll call vote as follows: AYES: AldMersons Lingenfelter, Fritz, Hale, Grimm, Lovell, Chamberlin NAYS: N ABSENT: AldeMersons Nelson Gossett APPROVED: Kent McDowell, ayor ATTEST: Andrea J. Smith -Walters, Acting City Clerk EXHIBIT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON AND CANTON UNION SCHOOL DISTRICT NO. 66 This intergovernmental agreement ("Agreement") is made and entered into, by and between the City of Canton ("City") and Canton Union School District No. 66 ("School") for the purpose of developing and establishing a School Resource Officer Program ("SRO Program") at the School. The School and City may collectively be referred to hereinafter as the "Parties." WHEREAS, Article VII, Section 10 of the Illinois Constitution, and the Intergovernmental Cooperation Act (5 ILCS 220/1, et seq.) provide the City and the School with the authority to enter into this Agreement regarding the SRO Program; and WHEREAS, in an effort to provide a safe and secure environment at the School, the City and the School previously entered into an Agreement for a Police Liaison Officer in 1999 ("Police Liaison Program"); and WHEREAS, the City and School have subsequently entered into various letters of understanding regarding the Parties' financial responsibilities related to the Police Liaison Program; and WHEREAS, the City and the School now wish to terminate the Police Liaison Program and to establish the new SRO Program utilizing up to two (2) full-time sworn City police officers to serve as the School Resource Officer(s) ("SRO"); and WHEREAS, the City and the School find that it is in the best interests of the City, the School, and its students that the new SRO Program be established, effective immediately. NOW, THEREFORE, in consideration of the foregoing, the City and the School agree to the following: 1. SRO Program: It is the intention of the Parties that the City will assign two (2) full-time swornpolice officers to the School to serve as the SROs during the Term of this Agreement (as defined below) in accordance with the SRO Program Specifications attached hereto as Exhibit A and made a part hereof. The SRO(s) shall at all times be considered employees of the City. The SRO(s) shall receive all compensation directly from the City, and shall ultimately be under the direction and control of the City. Nothing in this Agreement shall obligate the City to maintain a minimum level of SRO assignments, but the City and School agree to work cooperatively in the event that the level of assignment is at or below one (1) full- time officer. Notwithstanding the foregoing, the School acknowledges that only one (1) SRO is likely to be assigned during the 2022-2023 school year. -1- It is the intention of the Parties that officers assigned to serve in the role of SRO shall: (i) have completed the training described in Section 10-22 of the Police Training Act related to School Resource Officers and awarded a certificate of completion for such training; (ii) have completed all required training to be designated a Juvenile Police Officer as defined in Section 1-3 of the Juvenile Court At of 1987; or (iii) shall be scheduled for completion of such training within a reasonable period of time after assignment. Because any officer assigned to serve in the role of SRO is an employee of the City, the City, in its sole discretion, shall have the power and authority to hire, discharge, and/or discipline the officer, as well as to define any of his or her required certifications or trainings, subject to applicable law. However, the School may provide input on the selection or assignment of police officers to serve as SROs. The School understands and acknowledges that in the event an SRO is temporarily absent and the City assigns a different officer as the SRO, then said officer may not have the above -said certifications during the SRO's absence. 2. Payment for SRO Prop am: The School shall reimburse the City the 66.6% of the assigned SRO(s)' annual base salary and benefits costs associated with the employment of the SRO(s) during the Term of this Agreement (as defined below). The annual base salary and benefits shall be based upon the City's pension obligations and collective bargaining agreement covering that assigned SRO as of May 1" of each year and shall take into account the employee's anniversary date with the City for purposes of any salary increases during the reimbursement period (May 1— October 31 or November 1— April 30). In the event the City is negotiating a new or successor collective bargaining agreement (i.e. the contract is "open") as of the billing date, then the City may bill for the difference between the prior invoice and the amounts agreed upon during the later negotiations on the next invoice following the execution and ratification of a new or successor collective bargaining agreement covering the SRO(s). One-half (1/2) of the reimbursement shall be due on May 1" and the remaining one-half (1/2) shall be due on or before November 1St of each year of this Agreement. In the event of a termination of this Agreement, the final, pro -rated payment shall be paid within thirty (3 0) days of the termination of the Agreement. The City will provide an invoice and break -down of the amounts owed by the School at least thirty (3 0) calendar days prior to May 1St and November 1St of each year (including the calculation of base salary, benefits, and pension obligation amounts). In the event an additional SRO is assigned after May 1 of a given year, then the amount invoiced shall be prorated depending upon the period the officer was assigned as an SRO. Similarly, in the event that an assigned officer is absent from SRO duties without replacement for an extended period of time, the City shall calculate a prorated amount to be credited prior to the School's next payment due. For the avoidance of doubt, the first payment pursuant to this Agreement will be due May 1, 2023, and it will be pro -rated retroactively for four (4) months (January 1, 2023 — April 30, 2023). The annual base salary and benefits to be reimbursed shall be based upon the City's pension obligations and collective bargaining agreement covering that assigned SRO(s) as of -2- May 1, 2022, including any increases based upon the SRO's years of service. Assuming an additional SRO is hired, the November 1, 2023 invoice will contain the first payment due associated with the second SRO. Notwithstanding the foregoing, for the period August 1, 2022 through December 31, 2022, and consistent with the -Police Liaison Program, the School shall reimburse the City $36,368.37 as and for - SRO's (previously Police Liaison Officer's) salary and benefits, based on the then -current rate of a probationary police officer, due to the City's providing of such Police Liaison Officer during said period. The School shall reimburse the City for such costs within thirty (30) days of this Agreement. 3. Special Event Coverage: The School may request coverage, outside of the SRO Program, for a police presence at certain extra -curricular activities or events hosted by the School (e.g. high school football games, band recitals). In the event the City provides the requested coverage, then the School shall reimburse the City for 100% of the actual hourly wage costs ("Hourly Wages") incurred by the City in relation to paying its police officer(s) to be present during the event or extra -curricular activity. The calculation of Hourly Wages may include overtime when required by law or collective bargaining agreement, but shall not include benefits costs or pension obligations. The City may, in its discretion, utilize the SRO for such events or extra -curricular activities. In the event the City patrols or otherwise provides officers in addition to the request or on its own will, then the School shall not be required to reimburse the City for the Hourly Wages related to that officer otherwise on -duty. The City will provide the School on a monthly basis, during the first week of the month, an itemized statement showing the hours worked during the event or extra -curricular activity and the total Hourly Wages for preceding month. The School shall reimburse the City for each month's Hourly Wages within thirty (30) days of receipt of applicable itemized statement from the City. 4. Term of Agreement: this Agreement shall be retroactive to July 31, 2022, and shall remain in effect until this Agreement is terminated by the City and/or the School, upon thirty (30)'days written notice ("Term"). 5. Indemnification and Insurance: The School shall indemnify and hold harmless the City, its alderpersons, Mayor, City Clerk, elected and appointed officials, attorneys, employees and agents for any costs, claims or causes of action, including attorney's fees, which may arise from the School's obligations and performance under this Agreement. The City shall indemnify and hold harmless the School, its Board of Education, Superintendent, officials, attorneys, employees and agents for any costs, claims or causes of action, including attorney's fees, which may arise from the City's obligations and performance under this Agreement. The City and the School agree that they will each name the other Party's members, employees, agents, and volunteers as additional insureds, at all times during the term of this -3- Agreement, on any liability insurance policies, including coverage for automobile liability, personal injuries and property damage, or self-insured intergovernmental risk pool or agency or through the party's self-insurance. The Parties shall furnish one another with copies of policies evidencing such insurance coverage and all certificates in connection with this Agreement each year in which the Agreement is in effect. 6. Complete Agreement: This Agreement sets forth and constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous agreements, arrangements and understandings, pertaining to an SRO to be provided by the City to the School, including but not limited to, the Police Liaison Program, which is hereby terminated. Notwithstanding the foregoing, the Parties agree that this Agreement does not supersede or replace the separate intergovernmental agreement regarding reciprocal reporting and the sharing of records pursuant to Section 10-20.14 of the Illinois School Code (105 ILCS 5/10-20.14) and Section 107 of the Illinois Juvenile Justice Act of 1987 (705 ILCS 405/1-7), as it currently exists or as it may be amended or supplemented in the future. The Parties agree that SROs or other officers performing services pursuant to this Agreement shall also be subject to the terms of any reciprocal reporting agreement in place between the Parties at that time. This Agreement may be amended or modified, in whole or part, only by a written document signed by the City and the School specifically stating that it amends or modifies this Agreement. No waiver of this Agreement or any of its promises, obligations, terms or conditions shall be valid unless it is written and signed by the party against whom the waiver is to be enforced. 7. Notices: all notices required or given pursuant to this Agreement shall be in writing and delivered personally or via certified mail to the following: City: City of Canton Attn: Mayor 2 N. Main Street Canton, Illinois 61520 School: Canton Union School District No. 66 Attn: Superintendent 28 W. Walnut Street Canton, Illinois 61520 8. Savings Clause: If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, the remaining parts or portions of this Agreement shall remain in full force and effect. 9. Counterparts: This Agreement may be executed in counterparts, each of which, when executed, shall constitute an original document, which together shall constitute one and the same instrument. 10. Disclaimer of Relationship: Nothing contained in this Agreement, nor any act of the City or the School, respectively, shall be deemed or construed by any of the parties hereto -4- or by third persons, to create any relationship of a third -party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving the City or the School respectively. At all times relevant herein, the SRO(s) shall be considered employees of the City and under no circumstances shall the SRO(s) be considered employees of the School. 11. Authority.'. to Execute: The Parties each hereby warrant and represent to one another that the persons executing this Agreement on their respective behalves have been properly authorized to do so, and further that each has the full and complete right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the duly authorized officers of the parties. CITY OF CANTON -5- CANTON UNION SCHOOL DISTRICT NO, 6- Its:_ Date: a 8L&)Ia3 EXHIBIT A SPECIFICATIONS FOR CITY OF CANTON AND CANTON UNION SCHOOL DISTRICT NO. 66 SCHOOL RESOURCE OFFICER PROGRAM 1. The full-time City police officer(s) assigned by the City's Chief of Police to serve as the School Resource Officer(s) (or collectively "SRO") shall report to the City's Chief of Police or his designee. In no event shall the School have any authority or obligation to direct the duties of the SRO. While on -duty at the School, the SRO will receive guidance on School issues from the Superintendent or his/her designee (e.g. a building principal). 2. The City may re -assign the SRO to perform other police duties in the event of a manpower shortage within the City's police department or in the event of an emergency, as deemed appropriate by the Chief of Police. Any such reassignment shall be temporary in nature. The City shall notify the School as soon as practicable when it becomes necessary to reassign the officer and shall notify the School of the anticipated period of reassignment, when possible. 3. The SRO will perform other duties as requested by the Superintendent and/or their designee, subject to the approval or disapproval of the Chief of Police, including: Being responsible for parking lot and/or bus supervision Assist the administration with crowd control and vehicle control and coordinate help, if needed. Checking Student IDs and temporary IDs Crime Stoppers Parking Permits Lunch/Recess Supervision Hallway Supervision Residence Checks Parent/Guardian Communications Locker Searches 4. The SRO shall serve as the liaison between the School and the City, promote the development of effective communication between the school and legal authorities, and coordinate the provision of police services to the School. 5. The SRO will serve as a consultant to the School in matters of crime prevention, law enforcement, community youth services, and other related matters. 6. The SRO will work with School administration and staff, not to enforce the School's discipline of a student, but to refer to the proper School administration and staff. 7. It is intended that the SRO will proactively work with school personnel to prevent crime on School property, to protect students and staff, and to provide a safe and secure school environment; however, nothing in this Agreement shall guarantee or warrant any particular level of safety and security by the SRO or the City to the School. 8. The SRO may conduct and/or coordinate the investigation of incidents involving School properties, staff, and students. The SRO shall not be limited to only matters affecting the school, but may also investigate incidents or issues affecting the community and/or other persons or entities. Investigations may include the initiation of police reports. However, if the City deems appropriate, additional or other officers or law enforcement agencies may be utilized during the course of any investigation. The SRO shall not be utilized for internal personnel investigations unless otherwise potentially criminal or unless otherwise authorized by the Chief of Police. 9. The SRO will develop and maintain familiarity with community delinquency patterns, trouble spots, and other youth and community problems to the extent reasonably possible. 10. The SRO will confer with and assist School administration, and staff concerning matters of troubled, neglected, or abused youths and delinquent behavior. 11. The SRO will participate in providing advice and guidance to students and their parents/guardians in referral to appropriate community services, to the extent the SRO has the training and knowledge to make such referrals. 12. The SRO will assist school staff in the supervision of School -sponsored events or extra- curricular activities. In the event such events or extra -curricular activities occur outside of school hours, then the Chief of Police shall approve such supervision in advance and the School will reimburse pursuant to Section 3 of the Agreement. SE 13. Normal work hours for the SRO at the School shall be Monday through Friday, 7:30 a.m. to 3:30 p.m. or until school is dismissed for the day, but those hours may vary depending upon the needs of the School. The SRO shall not be required to report to duty at the School during periods of recess (e.g. summer vacation and winter break), unless directed by the Chief of Police. 14. When reporting for duty at the School, the SRO will check-in with the School and make his/her presence known. 15. The SRO shall be permitted sick leave, bereavement leave, personal time, vacation days, compensatory time, or any other leave permissible under the applicable collective bargaining agreements or personnel policies of the City. The City will maintain communications with the Superintendent, when the assigned SRO will absent from the School during normal work hours, in order to attempt to meet the safety needs of the School during said absence. The City shall not be required to provide an additional officer in the event of the SRO's absence, but may do so if it chooses. 16. Unless authorized by the Chief of Police, the School Resource Officer shall dress in full uniform and must have their badge and ID card on them. Additionally, unless approved by the Chief of Police, the SRO will carry a firearm and ammunition and handcuffs at all times while on -duty. If the SRO is not in full uniform, then the firearm and ammunition may be concealed. 17. Unless authorized by the Chief of Police, the SRO must adhere to all Canton Police Department general orders and all applicable School policies. If School policies conflict with the Police Department's general orders, the general orders will take precedence. Guidance from the Chief of Police and School Superintendent may be sought to clarify and resolve any conflict; however, in no way shall any guidance of the School Superintendent supersede any determination or order by the Chief of Police. 18. The City may assign the SRO to teach certain courses or give presentations, if requested by the School. The City and School may arrange for classes to be taught by other officers if appropriate; however, in the absence of the SRO for any reason, it shall be the School's responsibility to ensure that proper supervision is given to the students during the period of the absence (e.g. providing a substitute teacher). 19. The SRO will prepare and present a monthly report of all activities to the Chief of Police and the School Superintendent for their review within one (1) week of the end of the preceding month. -8-