Loading...
Resolution 95-820RESOLUTION NO. 95-820 A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA„ APPROVING ENTERING INTO THE SEMINOLE COUNTY PUBLIC SCHOOLS SCHOOL RESOURCE OFFICER AGREEMENT, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Longwood and the Sd—1 Beard of Seminole County desire to implement the prov�s�ons of Sec 230.2318, Florida Slmmes, School Resource OfPcer Prop n, by entering into on inter -agency ogre meat and WHEREAS, the School Board has requested that the City of Longwood provide law enforcemeot personnel m certain Seminole County public schools for service ns School Resource Officer: and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS: SECTION I. The aooched SEMINOIE COUNTY PUBLIC SCHOOLS SCHOOI ZSOURCE OFFICER AGREEMENT between the City of Longwood, FEF(R xnA the School Bomd of Seminole County is herrby odopled and made a part of this resolution by reference Oiereto. SECTION It This resolution shall become effective upon passage and adoption. PASSED AND ADOPTED THIS�ADAY OFF NOVEMBER, A.D., 1995. WILLIAM E. WINSTON, MAYOR T / Li. IdmE D. Za.b �Zily Ck,/ Gereldioc�, Ciry Clark Approved as to form and legality for llic use and relianc¢:oF theG'p ofiF.o �ood�'lorido, 4ehard - 3:'Taybr, ]r., City Altorney SEMINOLE COUNTY PUBLIC SCHOOLS SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, Is made and entered on October 1, 1995. by and balween the SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA, whose address Is 1211 Mel,onville Avenue, Sanford, Florida 32111. hereinafter refenad to as "School Board" and the Clty of l."gvmod, Hand, a municipal corpaat,on, hereinafter referred to as'The Agency-" WITNESSETH: WHEREAS, the parties desire to implement the p—.ions of § 230.2318, Schad Resource O _ Program, by entering into an interagency agreement, add WHEREAS, - SCHOOL BOARD has requested that the Agency provide law enforcement personnel in certain Seminole County public schools for service as Schad Resource Officer and, WHEREAS, the Agency is has agreed to provide law enforcement personnel to perform the duties and responsibilities of a School Resource OF-- ceftad Seminole County public schools; NOW, THEREFORE, in consld—t— ei the mutual cansideation,, dndad andmgs and covenants set [oath here,,, the parties agree as follows_ 1_ TERM. The term of this Agreement Is for one fiscal year commencing July 1, 1995 and codfnuing until June a0, 1998, the date of signature by the pedies notvnthstandeeme 'mg. —agrnt may be renewed for successive terms of Ilk, dumtlon by mutual agreement of the parties and upon such terms W they shall agree. 2. PURPOSE: The pd p— of this Agreement is to foster better relations between students and law enforcement personnel'. to deter come on or about school premises by the presenoe of a law enforcement oficer', to onforce I —IL state, and federal laws; and to have a law enforcement officer available for presentations to the students, faculty, and parents oonoemtng law enforcement and various law enfo[cemen[ related subjects. 3. SERVICES: NII Agency agrees to provide one (1) full-time School Resource Officer and who will ,aft. such duties set forth In Fxhlb' A (School Resource ORcer whioh are aHP.hetl hereto and made a part hereof for all purposes by reference and attachment Each officer provided shall at a minimum be equipped with a patrol vehicle, personal weapon, personal communications unit, antl such other equipment as is da,da-d for the agency. 4. COMPENSATION: The School Board shall pay to the Agencythe sum of Twelve Thousand Seven Huntlred Eighty One antl 50/100 ($12, 781 59) In accortlance w2h III following schedule of payments: a. Initial peymenL a Amount'. 51,420.16 Date of Payment-. October5, 1995 b. All subsequent payments shall be In equal amounts of $1 42g.16 aid shall be payable on or before the 61h I, of each month thareafier. 5. COOPERATION_ The parties to this agmemant agree that Ihelr respective officers, employees antl agents will mutually cooperate with each other to insure that this agreement is fully pertormed to achieve the goals set forth in § 230.2318 6. LIABILITY FOR SALARIES BENEFITS AND OTHER COMPENSATION'. The SCHOOL BOARD shall not be liable 'Al the payment of any salaries, wages, other ompensa[ion or benefits to any School Resource OI(cer pertorming services pursuant to this agreement. ]. LIABILITY FOR INJURY OR SICKNESS: The SCHOOL BOARD shall not be liable for the payment of any sumo or Indemnif-t— to the Cl-, or any of its employees, for injuries or sickness arising cut of portormenee of duties hereunder by the School Resource Ofice,. 8. NO NDEMNIFICATION. (a) By this agreement the Agency and its officers, agents. antl employees shall not be deemed to have assumed any liability for the Intentional or negligent acts or pm e .- of III SCHOOL BOARD or any of its officer,. agents, or employees by this agreement. (b) By this agreement the SCHOOL BOARD antl Its officers, employees and agents shall not be tleemetl to have assumed any lieblKy for the intentional or negligent acts or omiselons of the Agency, or any of Its off —, agents, or — ploy-9. EMPLOYEE STATUS. (a) The School Resource Of —shall be deemed et ell times to be employees of the Agency antl not employees or agents of the School Board. The School Resource Officer. Officer shall at all times be deemed to be an employee of the agency and not of the school board for purposes of workers' compensation antl tort liability pursuant to §768 28, Florida Statutes At all limes when the School Reso — Ofieer is in the performance of duties hereunder the offoer shall be deemed to be eating within the course antl scope of the officer's employment as an off—, employee or agent of the Agency. (b) It Is understood Intl agreed by the parties that no School Resource Officer. Officer sM1all be tleemed an employee of the SCHOOL BOARD and that no officer or employee of the School Board shall Ge an employee of the Agency. to. DESIGNATED CONTRACT ADMINISTRATOR'. a. Far the School Beard: Wolfgang Halbig Seminole County Public Schools DisMct Administrative Office 1211 Mellomille Avenue Sanford, Floritla 32711 I . Fot the Agency'. Gregory G. Manning, CM1ief of Police Longwood Police Department 235 West Church Stnset Longwoob. Flohd132750 it. OTN ICFS Whenever env petty tleslree or is regwred by law to gi. any notice to the other party, notice shall be sent to by cetiilled mail or hand tle _bd. a. FOR THE SCHOOL BOARD. Dr_ Paul J_ Hagerty, Suparintendeni Seminole County Public Schools Dlstrid Administ,a [ Of 1211 M lb-iille Avenue Sanford, FL 32771 I . FOR THE AGENCY. Gregory G_ Manning, Chief of Police Longwood Pollee Department Longwood, Florida 32750 n edd,tlon e copy of ell notices etrail be mall-d,llvored to the designated eontraot administrator_ Any change in either the eganoy head or the contact administrator shall be noncatl 11 writing to the other party. 12. AGENCY RELATIONSIiIR (a) The parties recognize that the School Resource Is a law enforcement oflcer antl not school etlminlshetor or employee. In ell matters relating to the p, f—hee of law enforcement functions such as crlminal inoldent Imestlgefl—, the oifioer shall be subjeot I, the direction of the oRcer's agency's standard cp,,ti,g procedures antl agency supervisor_ In the event the agency shell require the officer to assist with emergencies or clyll disturbances III school premises, the offioer shell be permitted to respontl by the school principal. Any such exigent situation shall not affect any compensation required to be paid to the Agency by the School S—d. (b) All policy It e,. s shall be referred by the p—pal to Math,, executive di—., Id by the School Resource ORoer to hislher supervisor (or resolution_ 13. TERMINATION' This Agreement may be terminated by either party at any time, with or with- cause, upon not less than thirty (30) days written notice. e Et AGREEMENT. (a) It is understood antl agreed that the entire Agreement of the parties b oonfained heel, antl that this Agreement supersedes all oral agreement, antl negotiations between the p,hi,, relating to the subject matter hereof, as well as any previous agreements prasenity in effect bb*ee. the parties, relating to the subject matter hereof. (b) Any alterations, amendmenW, deletions, o of the provisions of his Agreement shall he valid only when expressed In writing, sapproved by the respective parties and duly executed on behalf of each party. Executed M Sanford, Seminole County, Florida on the d,tes as shown City Ifticngwood, Emrich �" Mayors City CleHc Date. /t-n,---mew- �� ��%S Date. �f�..—. —z /99's— By pr P ul. HageM1y SoperinlenI Sem hole County Puhllc SCM1ools 6emino1e County Public 9cbools Dale oa1e. authbrizetl for exeoow by the School edam in GIs meeOny of 19 oi" .. .... ..... h.— lh� ih- —p— b id Thi, .11 =hi, 111-1. D IONS In Mdllmn to the routine Juries and responsrolruss 1 A o! a MR gf@we9a Police Officer, a DARE Officer will have the following specific duties (a) The officer will teach the t] creek DARE curriculum', (b) The Officer wul counsel sli,"'b. (c) Tha ORcer wll angina moefinga- PTA.School RoarJ,—: (J) The Off. —will have speaking asslgnmanis outdid. the scM1opl etmosphere-PTA, Neignbprnootl Watch, etc., (a) The Officer will m—l-lesson plans, (p The ORicef will coordb- DARE graduation and contact madla antl cpmmumry peope to hoary inem. (g) TheOfflrerwill atfentl twining sponsored by FIOJJa Dapar 1of Law (h) The Officer will atlend the summer DARE conference: (1) The Off— will be famllisc with schpot procedures in regard to emergency A DARE Officar m not to: (a) Engage In school dlspipllllaly acrviJes (b) Organbe, tliract. panlclpele ib dbintion periods'. r � � �V C�i2g of j�attgCnuu� toWaWoo � ° eWo��o i=�,�,o°t ➢t F�r„o,, e,_„�9 T0: Terry Baker, Alli.tant Chief FROM: Richard S. Taylor Jr., City RB: School Resource Officer Contract DATE. OCCobei M 1995 nclosed i copy of the letter from Ned Sulian, E.q., the e ool board aCproposed ney together with his changes to paragraph l and 8 of the attached "A . Although it does n t directly address m ..... it appears t sufficiently the problem. I do planto take any further action nless you so instruct m to. Please n Chat repre ted [hat the Chief of Police objected of the language as stated in Mr. Sulian. Inter ➢istrict Memo of October 14, 1- CC: Shelton Smith, City Administrator William W , Mayor im Coni s sinners on Geri Zambri, City Clerk Seminole County Public Schools District Administrative Office Legal Services -.1" la, a —Id S. Taylor, Jr., E, Dst Olfice Sox 1117 Lo19—, Flontla 327 -111] Re'. Sc—I Res --Officer Contract Dear Mr. Taylor copy o appropriate sc straNrs. I believe Nat1Ne ewrilangpagehNatnI suggest kr paagaps t 8 9 talny m 11 the concerns & the Longwootl Poiice DepaNneet. It t p se advise. 1pa0on Nat Ne new 5 ge tli he acceptable, 1 am enclosing a moEifieC ANa h—t Slncerety yours, Serylinole Ca PuOlic Schools Exealrve Director of Legal Services 1211 Mella+rilleA—. • Sanford, Florida 32771 P.O. Box 1538 • SeN'ord, Florida 32972-1538 SEMINOLE COUNTY PUBLIC SCHOOLS LEGAL SERVICES INTER D STR CT MEMORANDDM Wolfgang Halbtg, Richard Wells, Tom Marcy, Ron Pinneli, Nancy McNamara antl Gerry W ghl FROM: Ned Julian DATE: October 14, 1995 School Resource Officer Contract -Attachment A Attachment A of the new sM,d,,d school resource officer contract provides that: >. The officer will make wbtact,epbds H, each sWd- wunseled. The will be filed with the ambers guidance allpi, m 1 Nc sNdenS ctetl tludng sc pampas about Nei, Zlip c.d <minal activity wM1 nl of Ne school principal antl except in accordance wM Ne bfficefs agency s�andartl operating Procetlures. No students will be conbi— dung school hours and In cbnluncdon with estigation of any nature wlh- the consent of the school's Principal antl Ne stude Ys parent(st. have been advised by the City Aftomey for Longwood, Florida Nat the Chief of Police of the Longwood Pbllce Department obj-N to the language. I have discussed the matter with Laura Bosco, Esq, of the State Af.mey Office. She is the Assistant Attorney who handles juvenile matters. She advises that neither a pnncipal nor a parent may insist upon prior parental netificatipn of any interview of a or by a lawenforcem tofficer. The term law enforcement.—, includes, police officer of the municipality en ch the school is cafed, sh,dff, deputy, agent of the Flontla Department bf Law Enforcement, Flbnda Highway Patrol trooper, FE I_ agent, etc., but not an employee of the Florida Department of Health and Rehabilitative Services or an employee of the Florida Department of Juverfill, Justice. The only law Nat relates to the issue is the requir ent that a law enforcement oif , advise a juvenile that he/she hbs the fight to have their parent present during any intertogation. The nght is Ne child's right and may not be invoked by the parent or an other adult, such 11 1 principaltc. Mrs. Bosco advises that it is not infrequent that a stutlent's parents are the abject of the vesiigaticn generating an officers need to interview a student. For the school or a parent to insist on parental notification prior to any interview —d defeat the officers Investigation. w of that lnfoematlon from the St- Attcrney'I Office, It is my recommentlation that Me language of the S.R.O. contract, Attachment'A" be amentletl as follows: The of— will make co — reports far each student counseled. Th w filed with the —Il's guidance department N dilldun'ng school M10 and on the scheol campus aboulddien azpectedncn'minai activity --t notice to Vie school pMcipal and except in Principals shoultl be advised a cordingly. From tlme to time rve telephone calls from law enforcement officers complaining that a principal will oot let them c ampus to interview students or to serve papers on sudents. The District does not have the legal a,th,dty to stand in the Schoolhouse d— when the person seeking entry is a law enforcement officer_ The only request that shoultl be made is thai the officer It until a child has finished classes or has a free period In those cases where the offcer agrees to wait, school authorities shoultl net make any contact with the child's parents, unless that ci,t tis speciFlcaliy authorised by the law enforcement officer. To interfere m the lawful In estigati a police offcer c nstitutes a first degree misdemeanor pursuant to § 843,02, Fla nStat. A copy of that 1. Is attached. Ing Ce. t995 No clam N original U.S. GoN eNcer wlth-t violence to his person 6a3.02 VESTS FlT1 E STATUTES aNNOTATEI TITLE CRIMES OHgPTER 843. OBSES TRUCTING JUSTICE Whoever shall resisS obstruK or oppose any officer as defined in Sec.9a3.10(1), (21. (37, (61. (T), (0). or (9): m erof Ne Parole Commission or any atlministrztive aitle or supervisor employed by Ne mmmissiom, county probatlon officer, parole and probaM1on supervisor personnel or represeniaWe of the Oeparlmentof Law Enforcement oro er person legally legal tluy. wiNout offering er tloing violence to Ne person of Ne officer, sM1all be guilty ofa mistlemeanorof Ne first tlegree, punishable as provitletl in Sec. T/5 062 or Sec. )T5.083. 1. AnyNing set lortM1 herein [o Ne contrary, Ne school resource oRlcer shall at al 2�, The powers Intl f th. 1-1 resource officer as alaw enforcement offices <onenue Nmughout the school resource offices assignment in Nat capacity. 3 — I—J —1. -11 be llpi,-bll 0 hi—, ­,q in Jl ,.J_g ro _p ..... ......... "' "= " 11-1 1-- Ih.1 .1, P.1 �I ill, 1­1 -- p I.T, d11- thepnri,,lpi, 4 .-f officer will be familiar with the P-1- of ­Ip—1 5 uulwle the offi— —ll at ,, Ili.— a campus as dr-- b, ,,—pal t each psuch tlu — supervisor of Ne school's calentlar. reports breach sNtlent counseled. The mntacl repods Zbe filed with IZ schools guidance department N sNdenls will be oc criminal —ty 1 11 11- 11 be —1- —1, --1 hours and r, a __l —( y naNre wiNout no0<e to ps—pal 9.Al M-1 recoM inlormaeon will be —.med i, p—t— of §228 093, F,S The officer will serve as a referral resource lac stutlen¢, faculty and parents tp community agencies; The officer will serve as a law enforcement resource P­ to the school the scnom secpdN pfficers and t. Ji— --1, omcer ecanN are dlsNct security officer in de eloping plans and strategies for the prevenpon and conhol of l, .n — 1p identity l-, students who —bl M.