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HomeMy WebLinkAbout2021-02-09; City Council; ; Memorandum of Understanding Between the City of Carlsbad and the Carlsbad Unified School District for the School Resource Officer Program for the 2020-21 School YearMeeting Date: Feb. 9, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Cindy Anderson, Senior Management Analyst cindy.anderson@carlsbadca.gov, 760-931-2170 Subject: Memorandum of Understanding Between the City of Carlsbad and the Carlsbad Unified School District for the School Resource Officer Program for the 2020-21 School Year Recommended Action Adopt a resolution approving a memorandum of understanding between the City of Carlsbad and Carlsbad Unified School District for the school resource officer program for the 2020-21 school year. Executive Summary The City of Carlsbad and the Carlsbad Unified School District have an ongoing partnership to ensure the safety of students and staff on the district’s school campuses. For the 2020-21 school year, the Carlsbad Police Department will provide the school district with three school resource officers during the school year. One officer will be assigned to Carlsbad High School for 10 months, one will be assigned to Sage Creek High School for 10 months and one will be assigned to three middle schools within the district for 10 months. The school district will pay for half the cost of these assignments. The district’s share is $199,884, which will be used to reimburse the city’s General Fund. The memorandum is effective from Oct. 1, 2020 to Aug. 1, 2021. As outlined in Chapter 3.28 of the Carlsbad Municipal Code, the City Council’s approval is required for procurement of services and professional service for which the cost to the city is more than $100,000 per agreement year. The memorandum of understanding for the 2020-2021 school resource officer program was originally presented to the City Council Oct. 6, 2020. The council directed staff to work with the school district to add specific language to the agreement regarding how school resource officers would be involved with special needs students that would include, to the extent legally allowable, these officers having access to the behavioral intervention plans for special needs students, and then return to the City Council with the revised memorandum. Discussion Campus security is enhanced by the presence of police officers who interact with students in a positive and proactive manner. The Police Department has provided the Carlsbad Unified School District with at least one school resource officer every school year since at least 1995. In Feb. 9, 2021 Item #8 Page 1 of 13 2018, the district requested a second dedicated officer for Sage Creek High School. This request was approved by the City Council, and in 2019, a third officer was approved for three middle schools within the district. The Police Department also has two additional “floater” officers who provide services at other campuses throughout the city, but are not specifically assigned to any schools. These two officers are fully funded by the City of Carlsbad without any reimbursement from any school district. The duties of the school resource officers include: •Responding to all law enforcement-related matters as they occur during regular school hours while the officers are on or near their assigned campuses •Documenting all incidents and crimes and providing follow-up investigations as needed •Attending sporting events, school activities, parent conferences and meetings as needed •Conducting criminal investigations as assigned by the supervisor of the Family Services Unit in ongoing criminal investigations connected to the school campus •Working with school staff in matters of mutual concerns both on and off campus •Acting as a liaison in areas relating to the School Attendance Review Board and a point of contact for Child Protective Service visits, truancy sweeps, home visitations, district- wide critical response plan training, school safety plans and training of school campus supervisors and lunchtime-duty personnel. Given the council’s approval, the Police Department will agree to provide the Carlsbad Unified School District with three dedicated school officers for the 2020-21 school year. One officer will be assigned to Carlsbad High School for ten months, one to Sage Creek High School for ten months and one to three middle schools within the district for 10 months. The officers will be assigned to Carlsbad High , during the summer program months. The district will pay for half the cost of the three full-time officers for the months they are assigned to the schools. If Carlsbad High School, Sage Creek High School, Valley Middle School, Calavera Hills Middle School or Aviara Oaks Middle School have restricted on-campus activities because of the COVID-19 pandemic, the Carlsbad Unified School District may request that no school resource officers be provided while on-campus student learning is reduced or suspended. If the district makes such a request, the amount the district will pay will be prorated to deduct for any months for which no officers are requested. The annual cost for one officer in this pay range is $159,907, which includes salaries and benefits but does not include equipment and maintenance. Carlsbad Unified School District’s share for the 2020-21 school year would be a maximum of $199,884. The memorandum of understanding is effective from Oct. 1, 2020, to Aug. 1, 2021. The district will pay the City of Carlsbad through a reimbursement check at the end of each school year. As noted above, on Oct. 6, 2020, the council directed staff to work with the school district to add specific language to the agreement regarding how school resource officers would be involved with special needs students including, to the extent legally allowable, that these officers be given access to the behavioral intervention plans for special needs students, and then return to the City Council with the revised memorandum. In accordance with the council’s direction, staff worked with the school district to add the following language to the memorandum of understanding: Feb. 9, 2021 Item #8 Page 2 of 13 Releasing student information. The parties shall fully comply with the Family Educations Rights and Privacy Act and all other applicable state and federal laws regarding confidentiality of student information. Information obtained by school staff may be shared with a law enforcement officer or agency or school resource officer as long as the information is not derived from school records. Information from school records can be shared under any one of the following circumstances: • “Directory Information” unless the parent/guardian has asked specifically that such information be kept confidential. • With consent of the parent/guardian • When the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals and disclosure is necessary to protect the health or safety of a student or other individuals. School resource officers will make every effort to use established best practices for de- escalation outlined in the Countywide Crisis Management Philosophy document (Policy 301) when interacting with any student in crisis. Additionally, school resource officers will be familiar with, and, when feasible, assist with the school district’s Site Emergency Procedures for Special Needs Students as appropriate. When dealing with a student in crisis, specifically those students with special needs or other considerations, school resource officers should, if reasonable under the circumstances, work collaboratively with school staff to resolve the situation, while trying to respect individual education plan expectations as advised by school personnel. Fiscal Analysis The Police Department budget includes $1,007,140 for the cost of the entire student resource officer program. The district’s cost-sharing payment of a maximum of $199,884 will be used to reimburse the city’s General Fund and reduce the program’s impact on the city’s budget. The breakdown of the costs and cost sharing is shown below: Annual police officer personnel expenses Cost per officer Salary 95,336 Education 4,810 Overtime (@7.5% of salary) 7,150 Holiday pay (132 hours) 6,050 Disability and unemployment (1.15%) 1,098 Retirement (21.401%) 22,727 Life insurance (0.072%) 48 Medicare (1.45%) 1,540 Health care 20,248 Uniform allowance 900 Total personnel costs 159,907 Feb. 9, 2021 Item #8 Page 3 of 13 Student resource officer cost allocation Carlsbad High Sage Creek High Middle Schools Total Annual personnel costs 159,907 159,907 159,907 479,721 Monthly personnel cost 13,326 13,326 13,326 39,978 School year cost 133,256 133,256 133,256 399,768 Half share cost to district 66,628 66,628 66,628 199,884 *Amounts are rounded to the nearest dollar Next Steps Given the council’s approval, the Police Department will agree to provide three dedicated student resource officers to the Carlsbad Unified School District. The district will be billed for a maximum of $199,884 for the 2020-21 school year. The services will begin when on-campus learning begins for students. Environmental Evaluation (CEQA) This action does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council Resolution Feb. 9, 2021 Item #8 Page 4 of 13 RESOLUTION NO. 2021-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2020-21 SCHOOL YEAR WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the public's interest to approve the Memorandum of Understanding (MOU) with the Carlsbad Unified School District; and WHEREAS, the City of Carlsbad Police Department and the Carlsbad Unified School District (CUSD) have an ongoing partnership to ensure the safety of students and staff on CUSD school campuses; and WHEREAS, the Police Department has provided the CUSD with a school resource officer (SRO) every school year since at least 1995; and WHEREAS, for the 2020-21 school year, one SRO will be assigned to Carlsbad High School, one SRO will be assigned to Sage Creek High School, and one SRO will be assigned to the three middle schools within CUSD during the months when CUSD students are on campus; and WHEREAS, CUSD agrees to pay for one-half the cost of three full-time police officers during the months they are assigned to the schools. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the mayor of the City of Carlsbad is hereby authorized and directed to execute the MOU for the School Resource Officer Program between the City of Carlsbad and CUSD for the 2020-21 school year attached hereto as Attachment A. 3.CUSD's cost-sharing payment of a maximum of $199,884 will be used to reimburse the General Fund and reduce the impact of the SRO Program to the city. Feb. 9, 2021 Item #8 Page 5 of 13 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of February, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor K"V 1?fr BARBARA ENGLESON, Cify Clerk (SEAL) Feb. 9, 2021 Item #8 Page 6 of 13 MEMORANDUM OF UNDERSTANDING BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD The City of Carlsbad Police Department and the Carlsbad Unified School District desire to provide a safe and secure, teaching and learning environment for all students and staff within the City of Carlsbad by protecting life and property. Ensuring the safety of students and staff on school campuses in Carlsbad is a priority to the school administration and the police department. Campus security will be enhanced by the presence of police officers that will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the police department and the youth of the community. Therefore, the Carlsbad Unified School District and the City of Carlsbad have the following expectations and agree to undertake the listed responsibilities to achieve these mutual objectives: A.SCHOOL DISTRICT’S ROLE AND RESPONSIBILITY 1.To ensure student welfare portal to portal; 2.To develop procedures to handle campus safety issues; 3.To establish and follow procedures for referring police involvement; and 4.To cooperate with and support in a proactive manner the City of Carlsbad Police Department to ensure the success of programs involving students, school personnel, parents and the community. B.SCHOOL RESOURCE OFFICER’S ROLE AND RESPONSIBILITY 1.To provide enforcement/prevention/intervention by: •Providing a uniformed police officer presence at Carlsbad High School, Sage Creek High School, the middle and elementary schools, Carlsbad Village Academy, and district offices located in the City of Carlsbad; •Responding to all law enforcement related matters as they occur during regular school hours while the officer is on or near the above facilities and able to do so; •Documenting all incidents of crime that occur at the above facilities as per department regulations, performing the necessary follow-up investigations as Attachment A Feb. 9, 2021 Item #8 Page 7 of 13 needed to identify perpetrators of crime, and performing any follow-up on cases as deemed necessary; •Attending various sporting events and school activities as needed for proactive enforcement and interaction; •Attending parent conferences/meetings as needed. 2.To conduct criminal investigations as assigned by the supervisor of the Family Services Unit and to assist other law enforcement officers who are engaged in ongoing criminal investigations that bring them onto the school campus. 3.To work with school staff in the matters of mutual concern such as: alcohol and drug use on campus; safety of students and staff on and off campus; gang-related violence and crime; campus intrusion; and loss and/or damage to property. 4.To provide liaison in the following areas: School Attendance Review Board; point of contact for CPS visits; truancy sweeps; home visitations; district-wide critical response plan training; school safety plans; and training of school campus supervisors and noon duty personnel. 5.Releasing student information. The Parties shall fully comply with the Family Educations Rights and Privacy Act (FERPA) and all other applicable state and federal laws regarding confidentiality of student information. Information obtained by school staff may be shared with a law enforcement officer/agency or SRO as long as the information is not derived from school records. Information from school records can be shared under any one of the following circumstances: •“Directory Information” unless the parent/guardian has asked specifically that such information be kept confidential. •With consent of the parent/guardian •When the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals and disclosure is necessary to protect the health or safety of a student or other individuals. (34 C.F.R. § 99.36) 6.School Resource Officers will make every effort to use established best practices for de-escalation outlined in the Countywide Crisis Management Philosophy document (Policy 301) when interacting with any student in crisis. Additionally, School Resource Officers will be familiar with, and, when feasible, assist with the CUSD Site Emergency Procedures for Special Needs Students as appropriate. Feb. 9, 2021 Item #8 Page 8 of 13 7.When dealing with a student in crisis, specifically those students with special needs or other considerations, School Resource Officers should, if reasonable under the circumstances, work collaboratively with school staff to resolve the situation, while attempting to respect individual education plan expectations as advised by school personnel. C.TERM OF AGREEMENT This Memorandum of Understanding will remain in effect for the 2020-2021 public school fiscal year. Either party will have the right to cancel this Memorandum of Understanding upon 90 days advance written notice during the term of this agreement. D.SPAN OF CONTROL/JURISDICTION One full-time police officer will be assigned to provide the School Resource Program at Carlsbad High School, Carlsbad Village Academy, and district offices located in the City of Carlsbad. One full-time police officer will be assigned to provide the School Resource Program at Sage Creek High School and district offices located in the City of Carlsbad. One full-time police officer will be assigned to provide the School Resource Program at Valley Middle School, Calavera Hills Middle School, and Aviara Oaks Middle School, as part of the vaping grant authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. Enforcement/prevention/education/training/proactive activities will take place at these facilities and at public meeting places within the community as they relate to the activities at these facilities. The officer will remain under the direction and control of the City of Carlsbad Police Department. Requests for work assignments from these facilities will be given to the Family Services sergeant of the Carlsbad Police Department, who will thereafter assess the request and direct the school resource officer to respond appropriately. E.RESOURCE Resource and local management will be coordinated at: Carlsbad Unified School District, 6225 El Camino Real, Carlsbad, California, 92009, (760) 331-5000. Feb. 9, 2021 Item #8 Page 9 of 13 City of Carlsbad Police Department, 2560 Orion Way, Carlsbad, California, 92010, (760) 931- 2100. F.COST Cost sharing will be based upon the services of one-half of one full-time police officer for ten months of the school year for Carlsbad High School, one-half of one full-time police officer for ten months of the school year for Sage Creek High School, and one half of one full time police officer for ten months of the school year for Valley Middle School, Calavera Hills Middle School, and Aviara Oaks Middle School. The portion funded by the District will be prorated based upon the school year at a rate of one half of the total salary of three full- time sworn police officers for a total cost of $199,884. See Exhibit A for details. COVID-19 CAMPUS CLOSURES: If either Carlsbad High School, Sage Creek High School, Valley Middle School, Calavera Hills Middle School, or Aviara Oaks Middle School have restricted on campus activities due to COVID-19, the Carlsbad Unified School District may request that no School Resource Officers be provided while on-campus student learning is reduced or suspended. If Carlsbad Unified School District requests that no School Resource Officers be provided while on campus student learning is reduced or suspended due to COVID-19, the total cost to be funded by CUSD will be prorated to deduct for any months for which no School Resource Officers are requested. This Memorandum of Understanding will be effective October 1, 2020 and the Carlsbad Unified School District will pay annually to the Finance Director of the City of Carlsbad the agreed amount as outlined above. If the agreement is canceled as herein permitted, the city shall return to the district the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. G.SICK/INJURY/EMERGENCY ABSENCES The City of Carlsbad Police Department will provide general law enforcement services to Carlsbad High School, the middle and elementary schools, Carlsbad Village Academy, and the district offices via the patrol division whenever the regularly assigned school resource officer is temporarily unable to provide said services due to illness, injury or emergency leave, or when called away to perform other duties that preclude the officer’s presence at the school. In the event of such occurrence, calls for service will be handled based on need in relation to other demands for police services. H.CITY EMPLOYEES City employees who perform duties under this agreement are not, for any purposes whatsoever, employees of the School District. Feb. 9, 2021 Item #8 Page 10 of 13 I.NO RIGHTS IN THIRD PARTIES This Memorandum is not intended to benefit any third parties, create rights in favor of any third parties, or create a special relationship between any City of Carlsbad employee and any other person. J.LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, the City of Carlsbad and Carlsbad Unified School District agree that each will assume the full liability imposed upon it for any of its officers, agents, or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement, and each party agrees to indemnify and hold harmless the other party for any loss, cost, or expense that may be imposed upon such other party by the virtue of Sections 895.2 and 895.6 of the Government Code. Feb. 9, 2021 Item #8 Page 11 of 13 Carlsbad Unified School District City of Carlsbad By: By: Matt Hall, Mayor Title: Date: Date: Attest: Barbara Engleson, City Clerk Approved as to form: Celia A. Brewer City Attorney By: Assistant City Attorney Feb. 9, 2021 Item #8 Page 12 of 13 EXHIBIT A Carlsbad Police Department SCHOOL RESOURCE OFFICER PROGRAM 2020-2021 Cost-Sharing Breakdown Costs are for one mid-step police officer (Step C) for one year and include only personnel costs; equipment and maintenance costs are not included. ANNUAL POLICE OFFICER PERSONNEL EXPENSES COST PER OFFICER Salary 95,336 Education 4,810 Overtime (@7.5% of Salary) 7,150 Holiday Pay (132 hours) 6,050 Disability & Unemployment (1.15%) 1,098 Retirement (21.401%) 22,727 Life Insurance (0.072%) 48 Medicare (1.45%) 1,540 Health Care 20,248 Uniform Allowance 900 TOTAL PERSONNEL COSTS 159,907 SRO COST ALLOCATION CARLSBAD HIGH SAGE CREEK HIGH MIDDLE SCHOOLS TOTAL Annual Personnel Costs 159,907 159,907 159,907 479,721 Monthly Personnel Cost 13,326 13,326 13,326 39,978 School Year Cost 133,256 133,256 133,256 399,768 HALF SHARE COST TO SCHOOL 66,628 66,628 66,628 199,884 *amounts are rounded to the nearest dollar Feb. 9, 2021 Item #8 Page 13 of 13 Tammy Cloud-McMinn From: Sent: To: Subject: Agenda item: D RA <dra805@gmail.com> Sunday, February 7, 2021 12:16 PM City Clerk All Receive -Agenda Item # 2 For the Information of the: CITY COUNCIL Daty;4.9j ?J CA ~c v M_ M~DCM(3)J2 Feb 9, 2021 : comment for 8: MEMORANDUM OF UNDERSTANDING WITH CARLSBAD UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER PROGRAM 8: MEMORANDUM OF UNDERSTANDING WITH CARLSBAD UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER PROGRAM -Adoption of a resolution approving a Memorandum of Understanding between the City of Carlsbad and Carlsbad Unified School District for the School Resource Officer Program for the 2020-21 school year. (Staff contact: Cindy Anderson, Police Department) Comment: • I strongly oppose school resource officer pr9gram for our Carlsbad schools . • I urge council members to consider replacing the school resource officers with social workers. There is no need for police presence on school grounds. Students are better served by professionals that can help them from a well being perspective. • There is no evidence that supports school resource officers prevent school shootings or other violent crimes. https: / /fas.org/sgp/crs/misc/R43126.pdf • The most dangerous interaction between a police officer and a civilian is the interaction between an officer and an individual living with a disability. These interactions comprise 30-50% of all police brutality incidents and approximately half of all police shootings. People of color living with disabilities face the most violence from police. Thank you, Diana Aguirre Carlsbad D3 Resident & Homeowner Diana Aguirre, PMP®, LSSBB she/her/hers CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 School Resource Officer Contract Reid Shipley, Family Services Detective Sergeant Allegra Frost, Deputy City Attorney February 9, 2021 Staff Recommendation •Approve a memorandum of understanding between the City of Carlsbad and Carlsbad Unified School District (CUSD) for the School Resource Officer (SRO) Program for the 2020-21 school year. 2 City Council Direction •Item previously presented to Council on Oct. 6, 2020 •Council directed staff to work with CUSD to add language regarding SRO involvement with special needs students including having access to students’ behavioral intervention plans as needed and as legally allowable. 3 School Resource Officers •Student and staff safety •Investigate crimes •Uniformed presence at sporting events and other school activities •Participate in student and family counseling 4 Current Program •1 officer at Carlsbad High School •1 officer at Sage Creek High School •1 officer at CUSD middle schools •2 officers shared among: –North County Academy –La Costa Canyon High School –Middle schools and elementary schools –Additional high school support as needed 5 SRO Duties •Respond to all law enforcement-related matters •Document all incidents and crimes and provide follow-up investigations •Attend sporting events, school activities, parent conferences and meetings as needed •Conduct criminal investigations that are connected to the school campus •Work with school staff •Communicate with outside entities and act as a liaison 6 Cost Allocation Student Resource Officer Cost Allocation Carlsbad High Sage Creek High Middle Schools Total Annual Personnel Costs 159,907 159,907 159,907 479,721 Monthly Personnel Cost 13,326 13,326 13,326 39,978 School Year Cost (10 Months)133,256 133,256 133,256 399,768 Half Share Cost to District 66,628 66,628 66,628 199,884 7 *CUSD pays for half the personnel cost of each SRO for 10 months of the year Cost of Program 8 2020-21 Costs Salary & Benefits $986,770.00 Equipment & Training $20,370.00 CUSD Share Cost -$199,884 City Cost & Benefits $807,256 Recent Changes •Due to COVID-19 pandemic, CUSD may request that no SRO be provided while on-campus student learning is reduced or suspended •The amount CUSD will pay will be prorated for any months which no officers are requested 9 Minute Motion •In accordance with Council’s Oct. 6, 2020 minute motion, staff proposes adding three provisions to the MOU –Sections B(5) – (7) 10 Section B (5) •Releasing student information. The Parties shall fully comply with the Family Educations Rights and Privacy Act (FERPA) and all other applicable state and federal laws regarding confidentiality of student information. Information obtained by school staff may be shared with a law enforcement officer/agency or SRO as long as the information is not derived from school records. Information from school records can be shared under any one of the following circumstances: –“Directory Information” unless the parent/guardian has asked specifically that such information be kept confidential. –With consent of the parent/guardian –When the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals and disclosure is necessary to protect the health or safety of a student or other individuals. 11 Section B(6) •School Resource Officers will make every effort to use established best practices for de-escalation outlined in the Countywide Crisis Management Philosophy document (Policy 301) when interacting with any student in crisis. Additionally, School Resource Officers will be familiar with, and, when feasible, assist with the CUSD Site Emergency Procedures for Special Needs Students as appropriate. 12 Section B(7) •When dealing with a student in crisis, specifically those students with special needs or other considerations, School Resource Officers should, if reasonable under the circumstances, work collaboratively with school staff to resolve the situation, while attempting to respect individual education plan expectations as advised by school personnel. 13 Staff Recommendation Adopt a resolution approving a memorandum of understanding between the City of Carlsbad and Carlsbad Unified School District for the School Resource Officer Program for the 2020-21 school year. 14