HomeMy WebLinkAboutSeminole County Sheriff's Office - CHOICES School Security Officer 2019-2020 - Executed 2019 08 13 20192020 SCHOOL SECURITY OFFICER
MEMORANDUM OF UNDERSTANDING BETWEEN
CHOICES IN LEARNING CHARTER SCHOOL,
THE CITY OF WINTER SPRINGS AND
THE SHERIFF OF SEMINOLEC OUNTY
THIS AGREEMENT is made and entered into by and between Dennis M. Lemr-na, as Sheriff of Seminole
County, Florida, hereinafter referred to as "SHERIFF," a Constitutional Officer of the political subdivision of
Seminole County, on behalf of the Seminole County Sheriff's Office, a law enforcement agency as defined
in Florida Statute Section 943,10(4), whose address is 100 Eslinger Way, Sanford, Florida 32773, the City
of Winter Springs, a municipal corporation organized under the laws of the State of Florida, herein referred
to as CITY whose address is 1126 East State Road 434, Winter Springs, Florida 32708 and CHOICES IN
LEARNING ELEMENTRY CHARTER SCHOOL hereinafter referred to as CHOICES whose address is
1100 East State Road 434 Winter Springs, Florida 32708.
WITNESSETH:
WHEREAS, CHOICES is a Florida, Charter School located with the School District of in Seminole County
and governed by Florida Statute Chapter 1002.33 and as Such, is part of the state's program of public
education and is recognized by statute as a public school; and
WHEREAS, Florida Statute 1002.33 (16)(a)5 requires a Charter School to be in compliance with
provisions in Florida Statutes in Chapters 1000 through 1013 pertaining to student health, safety, and
welfare; and
WHEREAS, Florida Statute 1002.33(16)(b)8 specifically requires a Charter School to be in compliance with
Section 1006,12 F.S. relating to Safe School Officers; and
WHEREAS, Florida Statute 1002.33(16)(b)9 specifically requires a Charter School to be in compliance with
Section 1006.07(7) F.S., relating to threat assessment teams; and
WHEREAS, Florida Statute 1002.33(16)(b)10 specifically requires a Charter School to be in compliance
with Section 1006.07(9) F.S. relating to School Environmental Safety Incident Reporting; and
WHEREAS, Florida Statute 1002.33(16)(b)11 specifically requires a Charter School to be in compliance
with Section 1006.1493 F.S. relating to the Florida Safe Schools Assessment Tool; and
WHEREAS, Florida Statute 1002.33(16)(b)12 specifically requires a Charter School to be in compliance
with Section 1006.07(6)(c) F.S. relating to adopting an active assailant response plan; and
WHEREAS, Florida Statute 1002.33(16)(b)13 specifically requires a Charter School to be in compliance
with Section 943.082(4)(b) F.S. relating to the mobile suspicious activity reporting tool; and
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WHEREAS, Florida Statute 1002.33(16)(b)14 specifically requires a Charter School to be in compliance
with Section 1012.584 F.S. relating to youth mental health awareness and assistance training; and
WHEREAS, Florida Statute 1006.12 requires one or more safe-school officers at each school facility within
the school district. The school-safety officer may be a school resource officer, a school safety officer, a
school guardian or a security guard or a combination of these options to fulfill this obligation; and
WHEREAS, the Winter Springs Police Department is the law enforcement agency of the City of Winter
Springs; and
WHEREAS, the Winter Springs Police Department is not a separate legal entity and all references to the
CITY herein shall include the Winter Springs Police Department; and
WHEREAS, the CITY has approved as an off duty detail the retention of its law enforcement officers by
CHOICES IN LEARNING to perform the duties of a School Safety Officer; and
WHEREAS, CHOICES has retained a law enforcement officer employed with the Winter Springs Police
Department through the police agency's Off-Duty employment detail for six consecutive years and wishes
to continue with their services in this capacity; and
WHEREAS, CHOICES has chosen to retain a School Safety Officer (hereinafter referred to as SSO) as its
means of complying with Florida Statute 1006.12; and
WHEREAS, the SHERIFF has established a School Safety Unit led by a SHERIFF'S Captain to enhance
school safety initiatives in Seminole County Public Schools to include Charter Schools; and
WHEREAS, the SHERIFF'S School Safety Captain has many duties and responsibilities and among them
is the oversight of the SCHOOL RESOURCE OFFICER Program (hereinafter referred to as SRO) and
Focus on Safety Program administered within Seminole County Public Schools; and
WHEREAS, the Seminole County School Board and the SHERIFF have agreed to allow the SHERIFF'S
School Safety Captain to be designated as the Seminole County School Safety and Security Specialist
over Seminole County Public Schools as authorized by Florida Statute 1006.07(6)(a); and
WHEREAS, the Seminole County School Safety and Security Specialist is responsible for the supervision
and oversight for all school safety and security personnel, policies and procedures in the school district
and the specific duties set forth in Florida Statute 1006.07 (6); and
WHEREAS, as required by F.S. 1006.12, the SSO retained by CHOICES must have undergone a
background check, drug testing, a psychological evaluation and be a law enforcement officer defined in
Florida Statute 943.1 100(l), certified under the provisions of Chapter 943, and be employed by either a law
enforcement agency or by the district school board; and
WHEREAS, the SHERIFF will make training opportunities available to CITY, at no cost for the actual
training, in all subject matter areas provided to School Resource Officers in other Seminole County Public
Schools as part of the School Resource Officer Program, such as Basic School Resource Officer Training,
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SRO wrap around training, Instructor Techniques, Focus on Safety, Trauma Informed Care, Cyber
Safety-
Social Media Dangers and Awareness, Autism Avvaneness, Bullying Pnavendnn, Exceptional Student
Education Awareness Training, Mental Health Crisis Intervention TraininQ, training addreSsing� active
threats, hostage situations, bomb threats, de-escalation and incident command; and
WHEREAS, the Sheriff's School Safety Captain in his capacity aSthe Seminole County Public School
Safety and Security Specialist will provide training and assistance to CHOICES to assist with compliance
with mandated statutory responsibilities pursuant to Florida Statute 1002.33; and
VVHERE/\S. CHOICES at all times remains responsible for the safety and security of its students and
faculty pursuant to Florida Statute Chapter's 1002 and 1006.
NOW, THEREFORE, in consideration of the nnutua| understandings set forth herein' CHOICES, CITY and
SHERIFF agree @Sfollows:
1. Term
The TERM of this Agreement shall be from the date the last party to execute signs the Agreement,
until June 38' 2O2O.
3. Purpose
The purpose of this Agreement is to document the understanding of the PARTIES and their
expectations in meeting the Cnrnp|ionoe requirements of Florida Statute 1006.12 to provide for the
protection and safety of school personnel, property, students, and visitoEMd to enhance school
safety.
3. Cooperation
It is agreed that the PARTIES shall provide all necessary cooperation and assistance so as to
facilitate the requirements and QOa|3 of school safety as set forth in Florida Statute 1002.33.
4. Basic Services
The CITY agrees to:
a\ Have the Chief ofPolice for the Winter Springs Police Department designate 8supervisor within
the department [o serve as the primary liaison contact with the Sheriff's School Safety Captain
and provide notice of this designation's name and contact information to the SHERIFF and to
CHOICES. An alternate secondary supervisor shall also be named to act in the absence of the
primary liaison, These individuals shall he referred to herein @sVV5PD-QS. Notice ofthe VVSPD-
DS'G shall be provided no later than August U. 2019. Th8VVSP[}-[)S will have sole discretion to
decide who serves CHOICES as a School Safety {}fficer (SS{J). CITY shall make sure the
SS{}'S have the name and contact information for the VVSPD [}S and the Sheriff's SCh00| Safety
Captain.
b) Allow only law enforcement officers who meet the requirements of 1006.12(2) to provide
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services asanSSC} to CHOICES.
c> Make sure the SS{) and VVSF'[}-DS are familiar with this M(]U. to include the SSO and VVSPD-
DS responsibilities listed in Exhibit ^A^ attached hereto and incorporated by reference herein, s0
they are aware gfthe expectations for this off-duty detail.
d) Equip the SS[) with a po[rn| vehicle, personal weapon, radio, and other standard equipment
issued by the CITY to all of its |am/ enforcement officers. Additionally, the SSQ shall maintain
full fitness for duty in order to he able to respond to crisis situations.
e\ Provide a SvvDrn |@m enforcement officer to be on campus to provide continuous coverage
during school hours. If the officer who has signed up to provide SS[) coverage of the campus
detail is not able to be on campus for any part of the GChOO| day when SChOo| is in G8SSinn' the
SB(] shall contact the VVSP[)-[}Sfor B replacement SSD. |f@ replacement SS[) from the CITY
is not available, theVVSPO-[)S shall contact the Sheriff's School Safety Captain who shall rnGhe
arrangements for @ levv enforcement officer from the Sheriff's department meeting the
requirements ofF.S. 1OO8.12(1) or (2) toprovide coverage ofthe school.
f) Handle as an off-duty detail any requests by CHOICES for an officer for activities Outside the
regular school hognS' such as sporting eV8DLs 0[ other special school eV8OtS in accordance with
the regular off-duty policies and procedures of the CITY, with appropriate payment by
CHOICES.
g) The SS{} will wear the Official uniform worn by Winter Springs Police Department {}Rioers at all
times while working as an BS(].
h\ Provide to CHOICES and the Sheriff's School Safety Captain, in his capacity as the 8ennin8|8
County Public School Safety and Security SpeCia|ist, an affidavit which shall be accepted as
certification that its officers performing services as an S8D are in compliance with the
requirements 0fFla. Stat. 1008.12(2).
i) Inform the BS[} to use any information made accessible to him or her by CHOICES pursuant to
the provision of services only for the purposes for which the disclosure was made or as
otherwise authorized pursuant to Florida Statute 1006.07(7). CITY acknowledges and agrees
that the SS[) is not a "school official" pursuant to § 1002.221' Ra. Stat., 20 U.S.0 § | 232g, and
the federal regulations issued pursuant thereto.
j) Inform any officer working in the school in the capacity of an SS{J of the contents of this
Agreement and the Student Code of Conduct and Discipline Code as provided to the CITY by
CHOICES,
k) Ensure that the SS{} has reviewed CHOICES' Crisis and Emergency Plan, Active Threat Policy
and Emergency Communication pnocedunes, once provided to the CITY by CHOICES.
|\ Ensure that the SSO has had training in Emergency Management- Incident Command Training
for L8vv Enforcement |CS100 Level.
0) Advise the SSO to doCVnleDL his or her coverage at the school by entry into MiCAD the 15
DELTA code.
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n) Have its VVSPD`QS submit to the Sheriff's School Safety Captain an x-cad report on o quarterly
basis to assure coverage is being provided to CHOICES during all hours when SChon| is in
Session.
Q) Have its VVSPD-[}S attend the quarterly Supervisor meeting get by the Sheriff's School Safety
Captain held with School Resource Deputies and School Resource Officers.
SHERIFF agrees to:
a\ Provide coverage LoCHOICES when coverage cannot be accomplished by the CITY so that
compliance with F.S. 1008.12 is assured.
b\ Make the Sheriff's SthpD! Safety Captain available for training,
c\ Make available to the SS{l'SfnOrD the City, the non-statutory required training which is provided
to the School Resource Deputies and School Resource Officers without charging tuition coats
to the CITY.
d\ Make the Sheriff's School Safety Captain and Sheriffs staff available to assist CHOICES in
complying with Florida Statutory mandates under Florida Statute 1002.33.
CHOICES IN LEARN/NG agrees to:
a) Timely pay the agreed upon mate for services of$2.50 per hour to the CITY and $40D0 per hour
to the reporting officer on avveeNy basis. Timely pay for services provided by the SHERIFF
within 15 days of receipt Of the 8HER|FF's invoice for services. The SHERIFF'S nate is for
services provided under this M(]Uis $4O.O8per hour.
b> Timely provide the SS[) with access to information and resources needed to perform the
objectives in this Agreement, to include office space preferably within the public entrance area
of the school Site. computer aCC8sS' SChOD| staff contact information, and directory iOforrnabOn,
pursuant to CHOICES School Policy and C0nSis18n[ with the School's Charter Agreement, and
applicable School District policies.
c\ Immediately provide the SSO with access to its Student Code ofConduct and Discipline Code;
the School's Crisis and Emergency Plan; Active Threat Policy and Emergency Communication
procedures.
d\ Require its threat assessment team to immediately consult with the VVSPO-[)8 and the Sheriff's
School Safety Captain when a student exhibits a certain pattern Of behevior, based upon
previous eoia or the severity of an act that vvou|U pose a threat to school safety.
e) Seek input from the Sheriff's School Safety Captain when developing any policy prohibiting
bullying and harassment of m student Or employee of the school.
O Provide the VVSPD-DB and the Sheriff's School Safety Captain access to the Florida Safe
Schools Assessment Too] /FSSAT\ for use in assisting CHOICES with conducting security
assessments in order to help CHOICES identify threats' vu|nenabi|ities, and appropriate safety
controls for the school.
g\ Seek input from the VVSPO-[>S and the Sheriff's School Safety Captain when formulating
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pO|i[jeS and procedures for students and faculty for emergency drills and actual emergencies,
including, but not limited to, fires, natural diGaSten5, active shooter and hostage Situations, and
bomb threats.
h) Conduct drills for active shooter and hostage situations in accordance with developmentally
appropriate and age-appropriate procedures but at least as often as other emergency drills, and
seek input from theVVSpD'DS and the Sheriff's School Safety Captain when establishing an
emergency response policy.
i\ Seek input from theVVGPD-DS and the Sheriffs School Safety Captains when establishing @
rnOde| ennerg8nCymanagement and emergency preparedness prmoedure, including emergency
notification procedures for the following life-threatening emergencies: Weapon-use, hostage,
and active threat situations.
U Solicit input of the VVSP[)-QS and the Sheriff's School Safety Captain in any active
shooter/threat training conducted atthe school.
k\ Designate the WSPD-DS as a member of the Threat Assessment and Safety Team.
|) Provide the Sheriffs School Safety Captain with sufficient time at the beginning of the school
year and quarterly to participate in training conducted for school administrators, faculty, staff,
and students on safety matters such as School Crises and Emergency plans, bOrnbthreaU8\
procedures, active threat and active-shooter situations, hostage 3ituatione, workplace violence,
bomb lockdown and barricade, school evacuation procedures and other school safety matters.
ALL PARTIES agree:
a) To work cooperatively with each other to proactively address school security issues and to
provide students, faculty, and parents with quality |@vv enforcement services and the safest
learning environment possible.
b\ To work cooperatively with each other to equip elementary school-aged students with the right
safety skills to make informed decisions in life and build a positive relationship with |@vv
enforcement officers.
c\ In all matters relating to the SB[)`s performance of law enforcement aobon. such as, but not
limited to criminal incident investigations and on-campus arrests, the officer shall be Subject to
all standard operating procedures of the Winter Springs Police Department and applicable local,
state or federal |ovv.
d) The SSO shall not act as a school discip|inarion, as disciplining Students is @ school
responsibility. School officials shall handle matters involving school disciplinary matters of
students, which are of o non-criminal nature. Hnvvever, if the principal or his or her designee
believes that an incident rises to the level of violation of the |8w' the principal or his or her
designee is to contact the SSD who shall then determine whether law enforcement motion is
appropriate. The SSO is encouraged to seek consultation with the WSP[}-DS or the Winter
Springs Chief of Police in any matter or situation he/she deems appropriate.
e) In all situations wherein the reporting SB{} contemplates criminal charges involving any
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employee ofCHOICES ora student's arrest for afelony occurring oOthe school grounds during
the school day, the matter shall be brought to the attention of the VVBP0-OS as well as the
Principal and b} the Sheriff's School Safety Captain.
U Under no circumstances shall CHOICES not have a law enforcement officer present on campus
when the school isopen while iMsession.
g\ To the extent allowed bylaw and as practicable, the PARTIES agree togive advance notice to
the other and the opportunity for input prior to the release of any press release, media
St@teRle0tS' Or sOdo| media post on all matters related to !avv enforcement action taken on
school grounds Ordealing with CHOICES faculty.
h) All body worn cornen3 recordings captured by CITY within the school remain the property and
work product of the CITY. Any request made to CHOICES by g third party for copies of
video recordings She|| be referred to the Records Division for the Winter Springs Police
Department for handling in accordance with Florida law. The CITY and CHOICES further agree
that if equipped with the use of body-worn c8nner@. (hen the camera operation is part of the
officer's uniform. It is understood that within the GChoD} Setting and when pOSSib|e, the body-
worn cameras will be used when taking |8vv enforcement Bchon, such as but not limited to,
interviewing ViCiinl8 or vvitOGGSeS' making arrests on the school campus, or as otherwise
authorized by the policies or procedures of the Winter Springs Police Department. This
paragraph shall apply equally to any Sheriff's Deputy who may be providing CUV8r8ge to
CHOICES asaresult Ofthe CITY being unable LQprovide coverage.
i) The CITY and CHOICES shall notify the Sheriff's School Security Captain by June 1. 2020 if the
provision of school safety pursuant to F.B. 1006.12 by use of an off-duty detail officer with the
Winter Springs Police Department will not be used for the upcoming school year.
5. Hold Harmless
a\ CHOICES agrees to hold h8rnn|e33 the CITY and SHERIFF, their deputies, offioenS, employees
and agents' from any liability, loss, damage, judgment, lien, expense and costs sustained or
incurred in connection with any claims, suiis, actions, or proceedings made orbrought against
the CITY or SHERIFF as a result of any act or omissions of CHOICES its officers, employees or
agents, in the performance of its obligations under this Agreement and pursuant to its statutory
obligations.
b\ The CITY, SHERIFF and CHOICES shall each he responsible for their own liabilities arising
from their willful or negligent acts and omissions related to activities undertaken by such party in
accordance with the terms of this Agreement, There shall be no indemnification by either the
City or the Sheriff ofany party. Nothing in this Agreement shall be construed as waiver of any
privilege, defense or immunity afforded by law to any of the parties to this Agreement or their
respective employees, officers Oragents,
6. Notices and Agency Points of Contact
Whenever any party desires or is required by law nrthis Agreement to give notice unto the
other party, notice shall be sent bycertified mail or hand delivered to
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For CITY:
Chris Deisler, Chief of Police
Winter Springs Police Department
300 N. Moss Road
Winter Springs, FL 32708
WSPD-DS (name will be provided by the Chief of Police)
address same as Chief
For SHERIFF: For CHOICES IN LEARING
Chief Sharon Bryan, Dept. of Youth Services Dr. Janet Kearney, Principal
Captain Rick Francis 1100 East S.R. 434
Seminole County Sheriff s Office Winter Springs, FL 32708
100 Eslinger Way (407) 302-1005
Sanford, Florida 32.773
7. Authority of the Parties
By signing this agreement, the signatories represent that they have the authority to act
for and sign on behalf of the party in question.
8. Entire Agreement
a) It is understood and agreed that the entire Agreement of the parties is contained herein and that
this Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof, as well as any previous agreement presently in effect between the
parties relating to the subject matter hereof.
b) Any alterations, amendments, deletions or waivers of the provisions of this Agreement shall be
valid only when expressed in writing, approved by the respective parties and duly executed on
behalf of each party as set forth herein.
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IN WITNESS WHEREOF, the parties to this Agreement have caused their named to be affixed hereto by
the proper officers thereof for the purposes herein expressed.
SEMINCELE COUNTY SHERIFF'S OFFICE: CHOICES IN LEARNING BLS TRY
CHARTER SCHOOL, FOUNDATION:
uw
DENNIS LEMMA
SHERIFF OF SEMINOLE COUNTY
Date: Date:
WITNESS:
WITNESS:
Nicole Nelson, Executive Assistant
CITY OF WINTER SPRINGS:
Shawn Boyle, Interim ' y Manager
Date:
WITNESS:
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EXHIBIT "A"
1The 8SC} shall at all times perform his/her duties in accordance with standard operating procedures
ofthe Winter Springs Police Department.
2. The reporting officer shall maintain all law enforcement powers, duties and responsibilities inclusive of
his/her position as e |avv enforcement officer while performing the CHOICES off-duty detail.
3. The SS{} shall have undergone background check, drug testing, and apsychological evaluation as
outlined in Florida Statute 1000.12 /1\( o ) prior to reporting for duty 8t CHOICES.
4. The reporting officer shall nsconJ his/her service time on campus by logging onto MiCAD utilizing the
15[)a|tacOde and clear from the event upon the end oftheir shift.
5' The reporting officer shall report to CHOICES and be equipped with a pGtn]| vehide, personal
weapon, radio, and such equipment issued by the CITY to its law enforcement officers.
8. The SSO shall not participate in the CHOICES off-duty detail unless they have full fitness for duty in
order to be able to respond to Crisis situations.
7� The SSO understands he/she is expected and required to be on campus to provide continuous
coverage during school hours. If the SS{) is not able to be on campus for any part 0fhis/her shift
while school is in seGsion, he/she must contact the VVGPD-DG so arrangements for coverage Can be
made, In no event shall the SS{} leave the campus until a replacement |ovv enforcement officer
arrives Oncampus.
8. No students will he contacted during school hours in conjunction with G criminal investigation of any
nature without notice first being given to the school's principal. Any such contacts will be conducted in
accordance with the standard operating procedures of the Winter Springs Police Department.
9� All student record information will be maintained in accordance with the provisions of Florida Statutes.
10. The S3(] will interface with students between class breaks, during lunch periode, before and after
school and at school activities at which the officer is in attendance. The expectation is that the
reporting officer will roam the school prernisem. check perimeters, be engaged with students and staff
and remain unpredictable.
11. The VVSPD-OS will consult with the Principal and the SHERIFFS School Safety Division Captain
regarding procedures for emergency drills and for actual emergencies, including but not limited to,
fires, natural disasters, active shooter and hostage Situations, and bornbthre8to.
12. The SS{) will serve as a referral resource for students, faculty, and parents to community agencies.
13. The SSO will serve as a law enforcement resource person to the school administration.
14. The SG{] shall be informed of any situation occurring on school grounds that the principal or his/her
designee believes to be a violation or the |avv or criminal in nature.
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15. The SS{) Gh@|| C0OnDlQAiCat8 with the principal when determining whether student arrest will be
made or if there is an alternative solution to the incident, which vvOu!d 8dU he in compliance with
Florida 8tsba Statute. The final decision for arrest or not to arrest will be with the SS[).
16. The SS{} shall be fully familiar with the Student Conduct and Disciplinary Code adopted by the
Seminole County School Board and made applicable io CHOICES pursuant (othe Charter/Sponsor
Agreement; the School's Crisis and Emergency p'/an; Active Threat Policy and Emergency
Communication procedures.
17. All svvo[O s1ateMl8nis from the School Administrator (@). Teacher(s) and other 8L8ff members
related to an incident where [avv enforcement action was deemed to be appr0pria\e, must be secured
by the SSO officer prior to the end of the day that the incident or event occurred.
M The VVSPD-DS will assist school administration with faculty and student readiness for all potential
hazards and critical incidents.
19. The primary responsibility of the SBD is the safety of all sLudeni3, staff and school property and to
provide emergency response and stabilization ofcritical school incidents.
20. The following additional dudes and responsibilities shall apply if the SS[) is required by the CITY to
utilize abody worn camera inthe normal course ofhis/her business.
o) The CITY shall have o clearly defined body worn C8nnen@ policy, which ShgU address its use in
the school, acopy Qfwhich shall beprovided tnthe principal.
b) The body-worn camera is for use solely when the SS{] is performing |aVV enforcement
functions on campus. The body worn cameras are not to be [eft on for continuous recording
and will only be activated when the SSOisperforming 8law enforcement function on campus.
C\ The CITY must have clearly articulated standards for secure evidence storage and
preservation, 8 copy of which shall be provided to the principal upon request.
d) The CITY is responsible for having the SSO participate in ongoing agency training pertaining
to equipment use, and compliance with, applicable levvS concerning the use of the body-
worn cameras.
e) The SSDwill document the use Ofthe body-worn canoerGby use Ofagency case reference
other method when the body worn camera isused within the school and provide tVVVGP[]-DS
such documentation upon request and as authorized by |avv
f\ The officer shall not release any body carnera recording, except as strictly authorized by law
and inaccord with his/her agency policy.
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