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Home My WebLink About2022-10-11; City Council; ; Memorandum of Understanding Between the City of Carlsbad and the Carlsbad Unified School District for the School Resource Officer Program for the 2022-23 School YearCA Review ___AF___ Meeting Date: Oct. 11, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Cindy Anderson, Senior Management Analyst cindy.anderson@carlsbadca.gov, 442-339-2170 Subject: Memorandum of Understanding Between the City of Carlsbad and the Carlsbad Unified School District for the School Resource Officer Program for the 2022-23 School Year District: All 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 2022-23 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 2022-23 school year, the Carlsbad Police Department will provide the school district with three school resource officers. 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 and nine elementary schools within the district for 10 months. The school district will pay for half the cost of these assignments. The district’s share is $213,030, which will be used to reimburse the city’s General Fund. The memorandum is effective for the 2022-2023 public school fiscal year. 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 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 through the Encinitas, San Marcos, and San Dieguito Unified School Districts 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. These Oct. 11, 2022 Item #2 Page 1 of 14 three districts have been offered the same opportunity for dedicated School Resource Officers, but they have all declined. 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 2022-23 school year. One officer will be assigned to Carlsbad High School for 10 months, one to Sage Creek High School for 10 months and one to three middle schools and nine elementary schools within the district for 10 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 mid-step officer is $170,424, which includes salaries and benefits but does not include equipment and maintenance. Carlsbad Unified School District’s share for the 2022-23 school year would be a maximum of $213,030. The memorandum of understanding is effective for the 2022-2023 public school fiscal year. The district will pay the City of Carlsbad through a reimbursement check at the end of the school year. The resolution also authorizes the City Manager to execute amendments to the memorandum of understanding which are necessary to ensure continued compliance with state or local public health orders or other federal, state or local laws. Options Option 1: Approve the memorandum of understanding with memorandum of understanding Pros • The city will continue its annual agreement with CUSD to provide three dedicated School Resource Officers and CUSD will reimburse the city $213,030 Oct. 11, 2022 Item #2 Page 2 of 14 Cons • None identified Option 2: Do not approve the memorandum of understanding Pros • No pros identified Cons • CUSD will not have dedicated school resource officers • The district will not reimburse the city for half the salary costs of the three officers Fiscal Analysis The district’s cost-sharing payment of a maximum of $213,030 will be used to reimburse the General Fund and reduce the program’s impact on the city’s budget. The breakdown of the costs and cost sharing is shown in the following table: Annual police officer personnel expenses Expense Rate* Cost per officer Salary Mid-range $101,331 Education pay Flat rate $6,032 Overtime 7.5% $7,600 Holiday pay 132 hrs $6,813 Life insurance 0.048% $53 Accidental death and dismemberment insurance 0.024% $26 Health insurance Flat rate $21,886 LTD 0.430% $451 STD 0.476% $465 Medicare 1.450% $1,557 Unemployment 0.500% $536 Retirement (CalPERS) 20.390% $22,774 Uniform allowance Flat rate $900 TOTAL PERSONNEL COSTS $170,424 * Percentages are percent of salary with benefits School resource officer cost allocation Carlsbad High Sage Creek High Middle schools Total Annual personnel costs $170,424 $170,424 $170,424 $511,272 Monthly personnel cost $14,202 $14,202 $14,202 $42,606 School year cost $142,020 $142,020 $142,020 $426,060 Half share cost to school $71,010 $71,010 $71,010 $213,030 Note: amounts are rounded to the nearest dollar and are based on rounded salary, including education pay, uniform allowance and holiday pay Oct. 11, 2022 Item #2 Page 3 of 14 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 $213,030 for the 2022-23 school year. Environmental Evaluation 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. Public Notification This item was noticed 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 Oct. 11, 2022 Item #2 Page 4 of 14 RESOLUTION NO. 2022-241 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 2022-23 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 with the Carlsbad Unified School District; and WHEREAS, the City of Carlsbad Police Department and the Carlsbad Unified School District 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 2022-23 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 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 2022-23 school year attached hereto as Attachment A. 3.That the City Manager or designee is authorized to execute amendments to the MOU for the School Resource Officer Program as needed to ensure continued compliance with state or local public health orders, or other federal, state or local laws. Exhibit 1 Oct. 11, 2022 Item #2 Page 5 of 14 4.CUSD's cost-sharing payment of a maximum of $213,030 will be used to reimburse the General Fund and reduce the impact of the School Resource Officer Program to the city. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of October, 2022, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Norby. NAYS: ABSENT: None. Hall. -F" FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Oct. 11, 2022 Item #2 Page 6 of 14 Attachment A Oct. 11, 2022 Item #2 Page 7 of 14 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 pos1t1ve 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; "1.. 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; Oct. 11, 2022 Item #2 Page 8 of 14 Memorandum of Understanding 2022-2023 School Year Page 2 • Documenting all incidents of crime that occur at the above facilities as per department regulations, performing the necessary follow-up investigations as 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) Memorandum of Understanding 2022-2023 School Year Page 3 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 fomiliilr with, ilnd, when fcilsible, ilssist 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 per!;onnel. C.TERM OF AGREEMENT This Memorandum of Understanding will remain in effect for the 2022-2023 public school fiscal yea'r. 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 Oct. 11, 2022 Item #2 Page 9 of 14 .. Oct. 11, 2022 Item #2 Page 10 of 14 Memorandum of Understanding 2022-2023 School Year Page 4 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 $213,030. 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, 2022 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. Oct. 11, 2022 Item #2 Page 11 of 14 Memorandum of Understanding 2022-2023 School Year Page 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. Memorandum of Understanding ,on-102:1 School VHr Page 6 cartsbad Unified School District By: Erie DIii ------------- Tit I e: Assistant Superintendent Business Services Date: Ausust 18, 2022 Approved as to form Cindie McMahon City Attorney Date: Attest: � Faviola Medina, City Clerk Oct. 11, 2022 Item #2 Page 12 of 14 By: Matt Hall, M or By: Ai~~- Assistant L1ty Atty Oct. 11, 2022 Item #2 Page 13 of 14 Memorandum of Understanding 2022-2023 School Year Page 7 EXHIBIT A Carlsbad Police Department SCHOOl RESOURCE OFFICER PROGRAM 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 RATE COST PER OFFICER Salary Mid-Range Education Pay Flat Rate Overtime 7.500% Holiday Pay 132 hrs Life Insurance 0.048% AD&D 0.024% Health Insurance Flat Rate LTU 0.430% STD 0.476% Medicare 1.450% Unemployment 0.500% Retirement (CalPers) 20.390% Uniform Allowance Flat Rate TOTAL PERSONNEL COSTS CARLSBAD SAGE CREEK MIDDLE SRO COST ALLOCATION HIGH HIGH SCHOOLS Annual Personnel Costs 170,424 170,424 170,424 Monthly Personnel Cost 14,202 14,202 14,202 School Year Cost 142,020 142,020 142,020 HALF SHARE COST TO SCHOOL 71,010 71,010 71,010 *amounts are rounded to the nearest dollar and are based on rounded salary including education pay, uniform allowance, and holiday pay 101,331 6,032 7,600 6,813 53 26 21,886 451 465 1,557 536 22,774 900 170,424 TOTAL 511,272 42,606 426,060 213,030 Oct. 11, 2022 Item #2 Page 14 of 14 EXHIBIT B Carlsbad t 1;_;,i.!,'~'• f:: Cd! II 11(. Rt::dl C._ui:--b~LJ. C/ ... _iO:JOC~ Phr)'lf' I, 60; ._l;_.q '·iJ,.Jl ·.\ ,:.·v✓ c21r1st12dusd h 1,.;. c-:i 1__r=- CERTIFICATION OF COMPLIANCE: CALIFORNIA VACCINE VERIFICATION FOR SCHOOL RESOURCE OFFICERS IN SCHOOLS __________ (Contractor) certifies that pursuant to the California Department of I >ubhc Health Order, issued by I omas Aragon and Gavin Newsom on Aug 11 , 2021, it will comply with mandatory COVID-19 vaccine verification requirements or ensure weekly COVID19 testing of Carlsbad Police Department School Resource Officers working at Carlsbad Unified School District facilities, pursuant to the FY 2022-2023 MOU between the Carlsbad Unified School District and City of Carlsbad . All terms, conditions, and definitions as identified in the Public Health Order are hereby acknowledged. Mandatory full compliance for all staff utilized for the purpose of this contract is required by October 15, 2022 and will remain in place until the expiration of this contract or the August 11, 2021 Public Health Order is lifted, whichever occurs first. The Carlsbad Unified School District will offer Carlsbad PD 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 School Resource Officers as follows: Current hours are Monday-Friday, 7:30 AM-8:30 AM and 3:00 PM-4:00 PM at the following locations: • Poinsettia Elementary • Jefferson Elementary • Sage Creek High School • Carlsbad High School Carlsbad PD is responsible for monitoring testing frequency and compliance. CUSD will notify the City of any positive test results by contacting Lt. Reid Shipley, Carlsbad Police Department, Professional Standards, and Services Bureau at 760-931-3823. ~v Contractor -City of Carlsbad Eric Dill Carlsbad Unified School District Signature Signature Date Date