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Home My WebLink About2021-09-21; City Council; Resolution 2021-212RESOLUTION NO. 2021-212 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 2021-22 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 every school year since at least 1995; and WHEREAS, for the 2021-22 school year, one school resource officer will be assigned to Carlsbad High School, one school resource officer will be assigned to Sage Creek High School, and one school resource officer will be assigned to the three middle schools and nine elementary schools within CUSD during the months when CUSD students are on campus; and WHEREAS, CUSD agrees to pay for one-half the cost ofthree full-time police officers during the months they are assigned to the schools; and WHEREAS, pursuant to the California Department of Public Health Order, issued by Tomas Aragon and Gavin Newsom on Aug 11, 2021, school resource officers are also required to comply with mandatory COVID-19 vaccine verification requirements or ensure weekly COVID-19 testing of school resource officers working at CUSD facilities. CUSD will offer Carlsbad Police Department school resource officers COVID-19 testing at a frequency of at least once per week and at no cost to the City of Carlsbad or to the officers. Sept. 21, 2021 Item #2 Page 4 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; Sept. 21, 2021 Item #2 Page 6 of 13 Memorandum of Understanding 2021-2022 School Year Page 3 5 - 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. 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 2021-2022 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, Aviara Oaks Middle School, and the nine CUSD elementary schools. 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. In accordance with public health guidance, the City of Carlsbad Police Department will ensure its officers abide by all public health ordinances and requirements, including directives from the state regarding COVID protocols for K-12 settings. The officer will remain under the direction and control of the City of Carlsbad Police Sept. 21, 2021 Item #2 Page 8 of 13 Memorandum of Understanding -2021-2022 School Vear Page 4 5 - 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. City of Carlsbad Police Department, 2560 Orion Way, Carlsbad, California, 92010, (760) 9312100. 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 fulltime sworn police officers for a total cost of $201,735. 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 August 24, 2021 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. Sept. 21, 2021 Item #2 Page 9 of 13 Memorandum of Understanding 2021-2022 School Year Page 5 5 - COVID-19: CERTIFICATION OF COMPLIANCE WITH PUBLIC HEALTH ORDER: The Certification of Compliance: California Vaccine Verification for School Resources Officers in Schools is attached as Exhibit Band incorporated as if fully set forth herein. 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. 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. Sept. 21, 2021 Item #2 Page 10 of 13