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HomeMy WebLinkAbout2019 09 09 Informational 203 - MOU for School Safety Officer - Choices in Learning Charter School INFORMATIONAL AGENDA ITEM 203 CITY COMMISSION AGENDA I SEPTEMBER 9, 2019 1 REGULAR y MEETING TITLE MOU for School Safety Officer - Choices in Learning Charter School SUMMARY The Police Department desires to inform the Commission of a recent Memorandum of Understanding (MOU) executed between the City, Choices in Learning Charter School, and the Seminole County Sheriff's Office. State law instructs each district school board and school district superintendent shall partner with law enforcement agencies or security agencies to establish or assign one or more safe-school officers at each school facilitywithin the district, including charter schools. For approximately six years, the Winter Springs Police Department has partnered with Choices in Learning school to provide security on the school campus for the entire school day even before this law was passed. This arrangement is handled as an off-duty detail and does not involve a full-time officer being assigned there. In order to provide formal compliance with the law to the Department of Education, the three entities involved decided it was best to formalize this agreement as proof. The MOU explains what the WSPD school safety officers, the Choices in Learning administration, and the Seminole County Sheriff's Office are clearly responsible for to protect the Choices in Learning campus each day students are present and places all parties in a solid understanding of their responsibilities. Additionally, staffing adjustments internal to the Police Department have been made to increase accountability and assignment of critical school safety tasks. The MOU is provided for Commission review as needed. RECOMMENDATION Staff recommends the City Commission receive and review the information provided. 2019-2020 SCHOOL SECURITY OFFICER MEMORANDUM OF UNDERSTANDING BETWEEN CHOICES IN LEARNING CHARTER SCHOOL, THE CITY OF WINTER SPRINGS AND THE SHERIFF OF SEMINOLE COUNTY THIS AGREEMENT is made and entered into by and between Dennis M. Lemma, 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 Page 1 of 11 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)(x); 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 943.11 00(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, Page 2 of 11 SRO wrap around training, Instructor Techniques, Focus on Safety, Trauma Informed Care, Cyber Safety- Social Media Dangers and Awareness, Autism Awareness, Bullying Prevention, Exceptional Student Education Awareness Training, Mental Health Crisis Intervention Training, training addressing; active threats, hostage situations, bomb threats, de-escalation and incident command; and WHEREAS, the Sheriff's School Safety Captain in his capacity as the 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 WHEREAS, 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 mutual understandings set forth herein, CHOICES, CITY and SHERIFF agree as follows: 1. Term The TERM of this Agreement shall be from the date the last party to execute signs the Agreement, until June 30, 2020. 2. Purpose The purpose of this Agreement is to document the understanding of the PARTIES and their expectations in meeting the compliance 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 goals of school safety as set forth in Florida Statute 1002.33. 4. Basic Services The CITY agrees to: a) Have the Chief of Police for the Winter Springs Police Department designate a supervisor within the department to 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 be referred to herein as WSPD-DS. Notice of the WSPD- DS's shall be provided no later than August 8, 2019. The WSPD-DS will have sole discretion to decide who serves CHOICES as a School Safety Officer (SSO). CITY shall make sure the SSO's have the name and contact information for the WSPD-DS and the Sheriff's School Safety Captain. b) Allow only law enforcement officers who meet the requirements of 1006.12(2) to provide Page 3 of 11 services as an SSO to CHOICES. c) Make sure the SSO and WSPD-DS are familiar with this MOU, to include the SSO and WSPD- DS responsibilities listed in Exhibit "A" attached hereto and incorporated by reference herein, so they are aware of the expectations for this off-duty detail. d) Equip the SSO with a patrol vehicle, personal weapon, radio, and other standard equipment issued by the CITY to all of its law enforcement officers. Additionally, the SSO shall maintain full fitness for duty in order to be able to respond to crisis situations. e) Provide a sworn law enforcement officer to be on campus to provide continuous coverage during school hours. If the officer who has signed up to provide SSO coverage of the campus detail is not able to be on campus for any part of the school day when school is in session, the SSO shall contact the WSPD-DS for a replacement SSO. If a replacement SSO from the CITY is not available, the WSPD-DS shall contact the Sheriff's School Safety Captain who shall make arrangements for a law enforcement officer from the Sheriff's department meeting the requirements of F.S. 1006.12(1) or (2) to provide coverage of the school. f) Handle as an off-duty detail any requests by CHOICES for an officer for activities outside the regular school hours, such as sporting events or other special school events in accordance with the regular off-duty policies and procedures of the CITY, with appropriate payment by CHOICES. g) The SSO will wear the Official uniform worn by Winter Springs Police Department Officers at all times while working as an SSO. h) Provide to CHOICES and the Sheriff's School Safety Captain, in his capacity as the Seminole County Public School Safety and Security Specialist, an affidavit which shall be accepted as certification that its officers performing services as an SSO are in compliance with the requirements of Fla. Stat. 1006.12(2). i) Inform the SSO 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 SSO is not a "school official" pursuant to § 1002.221, Fla. Stat., 20 U.S.0 § 1232g, and the federal regulations issued pursuant thereto. j) Inform any officer working in the school in the capacity of an SSO 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 SSO has reviewed CHOICES' Crisis and Emergency Plan, Active Threat Policy and Emergency Communication procedures, once provided to the CITY by CHOICES. 1) Ensure that the SSO has had training in Emergency Management- Incident Command Training for Law Enforcement ICS100 Level. m) Advise the SSO to document his or her coverage at the school by entry into MiCAD the 15 DELTA code. Page 4 of 11 n) Have its WSPD-DS submit to the Sheriff's School Safety Captain an x-cad report on a quarterly basis to assure coverage is being provided to CHOICES during all hours when school is in session. o) Have its WSPD-DS attend the quarterly Supervisor meeting set by the Sheriff's School Safety Captain held with School Resource Deputies and School Resource Officers. SHERIFF agrees to: a) Provide coverage to CHOICES when coverage cannot be accomplished by the CITY so that compliance with F.S. 1006.12 is assured. b) Make the Sheriff's School Safety Captain available for training. c) Make available to the SSO's from the City, the non-statutory required training which is provided to the School Resource Deputies and School Resource Officers without charging tuition costs to the CITY. d) Make the Sheriff's School Safety Captain and Sheriff's staff available to assist CHOICES in complying with Florida Statutory mandates under Florida Statute 1002.33. CHOICES IN LEARNING agrees to: a) Timely pay the agreed upon rate for services of$2.50 per hour to the CITY and $40.00 per hour to the reporting officer on a weekly basis. Timely pay for services provided by the SHERIFF within 15 days of receipt of the SHERIFF's invoice for services. The SHERIFF'S rate is for services provided under this MOU is $40.00 per hour. b) Timely provide the SSO 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 access, school staff contact information, and directory information, pursuant to CHOICES School Policy and consistent with the School's Charter Agreement, and applicable School District policies. c) Immediately provide the SSO with access to its Student Code of Conduct 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 WSPD-DS and the Sheriff's School Safety Captain when a student exhibits a certain pattern of behavior, based upon previous acts or the severity of an act that would 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 a student or employee of the school. f) Provide the WSPD-DS and the Sheriff's School Safety Captain access to the Florida Safe Schools Assessment Tool (FSSAT) for use in assisting CHOICES with conducting security assessments in order to help CHOICES identify threats, vulnerabilities, and appropriate safety controls for the school. g) Seek input from the WSPD-DS and the Sheriff's School Safety Captain when formulating Page 5 of 11 policies and procedures for students and faculty for emergency drills and actual emergencies, including, but not limited to, fires, natural disasters, 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 the WSPD-DS and the Sheriff's School Safety Captain when establishing an emergency response policy. i) Seek input from the WSPD-DS and the Sheriff's School Safety Captains when establishing a model emergency management and emergency preparedness procedure, including emergency notification procedures for the following life-threatening emergencies: Weapon-use, hostage, and active threat situations. j) Solicit input of the WSPD-DS and the Sheriff's School Safety Captain in any active shooter/threat training conducted at the school. k) Designate the WSPD-DS as a member of the Threat Assessment and Safety Team. 1) Provide the Sheriff's 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, bomb threat(s) procedures, active threat and active-shooter situations, hostage situations, 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 law 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 law enforcement officers. c) In all matters relating to the SSO's performance of law enforcement action, 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 law. d) The SSO shall not act as a school disciplinarian, as disciplining students is a school responsibility. School officials shall handle matters involving school disciplinary matters of students, which are of a non-criminal nature. However, if the principal or his or her designee believes that an incident rises to the level of a violation of the law, the principal or his or her designee is to contact the SSO who shall then determine whether law enforcement action is appropriate. The SSO is encouraged to seek consultation with the WSPD-DS or the Winter Springs Chief of Police in any matter or situation he/she deems appropriate. e) In all situations wherein the reporting SSO contemplates criminal charges involving any Page 6 of 11 employee of CHOICES or a student's arrest for a felony occurring on the school grounds during the school day, the matter shall be brought to the attention of the WSPD-DS as well as the Principal and to the Sheriff's School Safety Captain. f) Under no circumstances shall CHOICES not have a law enforcement officer present on campus when the school is open while in session. g) To the extent allowed by law and as practicable, the PARTIES agree to give advance notice to the other and the opportunity for input prior to the release of any press release, media statements, or social media post on all matters related to law enforcement action taken on school grounds or dealing with CHOICES faculty. h) All body worn camera recordings captured by CITY within the school remain the property and work product of the CITY. Any request made to CHOICES by a third party for copies of video recordings shall 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 a body-worn camera, then the camera operation is part of the officer's uniform. It is understood that within the school setting and when possible, the body- worn cameras will be used when taking law enforcement action, such as but not limited to, interviewing victims or witnesses, 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 coverage to CHOICES as a result of the CITY being unable to provide 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.S. 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 harmless the CITY and SHERIFF, their deputies, officers, employees and agents, from any liability, loss, damage, judgment, lien, expense and costs sustained or incurred in connection with any claims, suits, actions, or proceedings made or brought 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 be 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 of any 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 or agents. 6. Notices and Agency Points of Contact Whenever any party desires or is required by law or this Agreement to give notice unto the other party, notice shall be sent by certified mail or hand delivered to Page 7 of 11 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 32773 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. Page 8 of 11 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. SEMINOLE COUNTY SHERIFF'S OFFICE: CHOICES IN LEARNING ELEMENTRY CHARTER SCHOOL, FOUNDATION: DENNIS LEMMA SHERIFF OF SEMINOLE COUNTY Date: v ✓ 2 Date: 2 I� 444 WITNESS: /CCS C�' WITNESS: Nicole Nelson, Executive Assistant CITY OF WINTER SPRINGS: Shawn Boyle, Interim y Manager Date: 8 ' l WITNESS: Page 9of11 EXHIBIT "A" 1. The SSO shall at all times perform his/her duties in accordance with standard operating procedures of the Winter Springs Police Department. 2. The reporting officer shall maintain all law enforcement powers, duties and responsibilities inclusive of his/her position as a law enforcement officer while performing the CHOICES off-duty detail. 3. The SSO shall have undergone a background check, drug testing, and a psychological evaluation as outlined in Florida Statute 1006.12 (1)( c ) prior to reporting for duty at CHOICES. 4. The reporting officer shall record his/her service time on campus by logging onto MiCAD utilizing the 15Delta code and clear from the event upon the end of their shift. 5. The reporting officer shall report to CHOICES and be equipped with a patrol vehicle, personal weapon, radio, and such equipment issued by the CITY to its law enforcement officers. 6. 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 SSO is not able to be on campus for any part of his/her shift while school is in session, he/she must contact the WSPD-DS so arrangements for coverage can be made. In no event shall the SSO leave the campus until a replacement law enforcement officer arrives on campus. 8. No students will be contacted during school hours in conjunction with a 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 SSO will interface with students between class breaks, during lunch periods, 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 premises, check perimeters, be engaged with students and staff and remain unpredictable. 11. The WSPD-DS will consult with the Principal and the SHERIFF'S 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 bomb threats. 12. The SSO 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 SSO shall be informed of any situation occurring on school grounds that the principal or his/her designee believes to be a violation or the law or criminal in nature. Page 10 of 11 15. The SSO shall communicate with the principal when determining whether a student arrest will be made or if there is an alternative solution to the incident, which would still be in compliance with Florida State Statute. The final decision for arrest or not to arrest will be with the SSO. 16. The SSO shall be fully familiar with the Student Conduct and Disciplinary Code adopted by the Seminole County School Board and made applicable to CHOICES pursuant to the Charter/Sponsor Agreement; the School's Crisis and Emergency Plan; Active Threat Policy and Emergency Communication procedures. 17. All sworn statements from the School Administrator (s), Teacher(s) and other staff members related to an incident where law enforcement action was deemed to be appropriate, must be secured by the SSO officer prior to the end of the day that the incident or event occurred. 18. The WSPD-DS will assist school administration with faculty and student readiness for all potential hazards and critical incidents. 19. The primary responsibility of the SSO is the safety of all students, staff and school property and to provide emergency response and stabilization of critical school incidents. 20. The following additional duties and responsibilities shall apply if the SSO is required by the CITY to utilize a body worn camera in the normal course of his/her business. a) The CITY shall have a clearly defined body worn camera policy, which shall address its use in the school, a copy of which shall be provided to the principal. b) The body-worn camera is for use solely when the SSO is performing law enforcement functions on campus. The body worn cameras are not to be left on for continuous recording and will only be activated when the SSO is performing a law enforcement function on campus. c) The CITY must have clearly articulated standards for secure evidence storage and preservation, a 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 laws concerning the use of the body- worn cameras. e) The SSO will document the use of the body-worn camera by use of agency case reference other method when the body worn camera is used within the school and provide to WSPD-DS such documentation upon request and as authorized by law f) The officer shall not release any body camera recording, except as strictly authorized by law and in accord with his/her agency policy. Page 11 of 11