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HomeMy WebLinkAboutCarmel Clay Schools/CPDSCHOOL RESOURCE OFFICER AGREEMENT APPROVED, AS i'O MEMORANDUM OF UNDERSTANDING Between CARMEL CLAY SCHOOLS And CARMEL POLICE DEPARTMENT PURPOSE A prosperous future for citizens of Carmel depends, in large measure, upon the School's ability to properly educate its children. Effective schooling requires a safe and orderly environment in which learning can occur. Consequently, the Carmel Police Department, in collaboration with Carmel Clay Schools, conducts the School Resource Officer (SRO) Program in order to provide school administrators and staff with law enforcement resources and expertise they need to maintain safety, order, and discipline in the school environment. The SRO Program is intended to ensure that no student's right to receive an education is abridged by violence or disruption. The Carmel Police Department has implemented the School Resource Officer Program in cooperation with Carmel Clay Schools. The program involves the assignment of a police officer to Carmel High School as a School Resource Officer (SRO). In accordance with staffing availability and the demonstrated needs of the school, the Police Department will assign a full-time SRO to the school. The full-time SRO's primary duty assignment is the school. In the event of staffing limitations and taking into consideration the demonstrated needs of the school, it may become necessm'y to assign a SRO on a part-time basis. The part- time SRO provides supplemental patrol coverage for the daytime shift maintaining a liaison with the assigned school and fulfilling SRO duties on an as-needed basis. With daily interaction between the school's administration and the SRO, it is important to establish, maintain, and update specific guidelLnes and procedures to be followed by the SRO and individual school administrators. This Memorandum of Understanding clarifies the roles of the School Resource Officers and School Administrators, their scope of their authority, and the responsibilities of Carmel Clay Schools and the Carmel Police Department in this collaboration. The success of the program relies on effective communication between the SRO, the principal, and other key staff members of each organization. DUTIES AND RESPONSIBILITIES School ResourceOfficer A. The School Resource Officer (SRO) is a sworn Cannel Police Officer assigned to provide the law enforcement expertise and resources to assist school staff(s) in maintaining safety, order and discipline within their assigned school(s). The SRO will be maintaining safety, order, and discipline within their assigned school(s). The SRO will be considered an active member of the administrative team in his/her assigned school(s). B. The SRO's assigned school buildings, grounds, and surroundings will be the equivalent of the SRO's patrol area and he or she along with the Carmel Clay Schools Police assume primary responsibility for handling all calls for service and coordinating the response of other police resources to the school. All criminal activity that comes to the attention of the principal or school staff shall be reported immediately to the Carmel Clay Schools Police Department. In an emergency situation, the school shall call 911 and also notify either the Carmel Clay School Police or the SRO. In a non-emergency situation, the school should notify either the Carmel Clay School Police or the SRO or call the non-emergency Police Department number if the SRO is not available. Information that is not of an emergency nature may be held for action by the Carmel Clay School Police or the SRO upon their retum to duty. C. The SRO's duty schedule will be determined by the SRO's Commander but will generally be arranged to provide coverage throughout the school day including peak arrival and departure times before and after school. Whenever possible SRO's will be visible patrolling the exterior and interior grounds, particularly during the opening or closing of school and during the lunch periods. D. The SRO shall wear the regulation police uniform or plain clothes as appropriate and operate a fully equipped police vehicle while on duty unless otherwise authorized by the supervisor for a specific purpose. The SRO provides a visible deterrent to crime and a positive representative of the Police Department to students and staf£ E. The SRO shall also assist with training for the school administration in law enforcement and related matters. Information about crime trends and changes in laws relevant to schools shall be disseminated to the school administrative staff to assist them in effectively establishing and maintaining safe school environments. The SRO may also become involved with the school's cumculum and provide instruction designed to enhance the students' understanding of the police mission and the responsibilities of citizenship. However, responding to incidents or conducting investigations will always take precedence over instructing in the classroom. Lesson plans for all formal, organized presentations shall be forwarded to the Division Commander for review and approval prior to presentation. G. The SRO shall be primarily responsible for monitoring the school's social and cultural environment to identify emerging youth gangs. All information concerning gangs shall be provided to Criminal Investigations Division commander. Gang prevention and early intervention strategies shall be coordinated with the Criminal Investigations Division. H. When it is in the best interest of the Department and the school, the SRO may make formal presentations to, or participate in, school-based community organization meetings such as Parent Teacher Organization and School Advisory Council meetings. Participation in other activities such as panel discussions, mentoring programs, and community coalitions or task 2 forces must be approved, in advance, by the Criminal Division Commander. The SRO shall keep the Commander informed of the status of such additional activities. Programs conducted in schools by other Divisions of the Police Depamnent shall be coordinated with the SRO to avoid redundant services and to ensure equitable distribution of such programs and services. A critical element of the SRO program is an open relationship and strong communication between the school principal and the SRO. Each SRO shall meet weekly, or more frequently if necessary, with the assigned school assistant principal for the purpose of exchanging information about current crime trends, problem areas, or other areas of concern, which have potential for disruption in the school or within the community. K. Other duties and responsibilities of the SRO include: Proper disposal of illegal substances recovered by the school and not needed for criminal prosecution. Maintaining familiarity with the Carmel High Schools' Student Rules and Regulations. Attending and providing testimony at school disciplinary hearings, upon request. Supervision: The SRO Supervisor shall ensure that open lines of communication are in place between the schools and the Police Department. A weekly meeting with the SRO shall be arranged, and the SRO Supervisor shall meet with the school principal and the Director of Student Services at least once each semester. To the extent that schedules permit, the initial SRO Supervisor/Principal/Director meeting should be held prior to the start of the school year and be devoted to reviewing school/Police Department expectations and clarifying any operational procedures. The second meeting should occur mid-year and involve a preliminary evaluation of the SRO's performance as well as the identification and resolution of any developing issues. The SRO Supervisor shall address any concerns regarding the performance of the SRO. Principals are to be consulted prior to selection of a new SRO to determine any special needs or concerns to be taken into consideration in selection of the SRO. School officials are to be involved in the interviewing process and in the selection of the SRO. School Principal: It is the responsibility of the principal to facilitate effective communications between the SRO and the school staff. The assistant principal in charge of student discipline of the school shall meet on a weekly basis with the assigned SRO. This meeting shall not be delegated to other administrative staff on a regular basis. The SRO's assigned school buildings, grounds, and surroundings will be the equivalent of the police officer's patrol area, and he or she along with the Carmel Clay Schools Police, shall be primarily responsible for handling all calls for service and coordinating the response of other police 3 resources to the school. All cr/minal activity that comes to the attention of the principal or school staffshall be reported immediately to the Carmel Clay Schools Police Department. In an emergency situation, the school shall call 911 and also notify either the Carmel Clay School Police or the SRO. In a non-emergency situation, the school should notify either the Cannel Clay School Police or the SRO or call the non-emergency Police Depaxhnent number if the SRO is not available. Information that is not of an emergency nature may be held for action by the Carmel Clay School Police or the SRO upon their return to duty. The principal and/or school employee with testimony relevant to the case will appear in court as necessary to provide for any criminal enforcement action taken by the SRO which results in the charging of a student or other person with a crime. The school shall provide a secure work area for the SRO that is equipped with a telephone and computer with access to the student database. It is recommended that the area have a locked storage area for securing contraband recovered by school staff. The SRO shall be responsible for arranging for the destruction of any illegal substances that will not be used for prosecution. The principal and the Director of Student Services shall meet twice yearly with the SRO Supervisor, and at other times at the request of either any party, as needed to ensure adequate communication between the school and the Police Department. Upon request, the school shall provide information to the SRO Supervisor to assist in preparing for the annual evaluation of the SRO's performance. Principals are also encouraged to consult with the SRO Supervisor prior to the selection of a new SRO to share any relevant information on the needs or concerns of the particular school. Carmel Clay Schools shall provide in-service training, when available at no cost to the Depa~hnent, to the SROs in topical areas, in order to increase the effectiveness of the officers and their ability carry out their duties and responsibilities. Carmel Police Department Criminal Investigations Division The Criminal Investigations Division shall provide coordination for the School Resource Officer Program. These functions shall include, but not be limited, to the following: · Planning, budgeting, management, and agency leadership for the SRO Program · Initial and recurring training for SROs · Coordination between the Patrol Command, School District Administration, and the SRO · Provide the SRO Supervisor with assistance in SRO selection · SRO Program monitoring and assistance with problem solving · Release information on the SRO program and functions to the media 4 SELECTION AND ASSIGNMENT OF THE SCHOOL RESOURCE OFFICER A goal of the SRO Program is to assign a SRO to Carmel High School and any middle school jointly identified as being in need of a SRO by the Police Department and Carmel Clay Schools. In accordance with staffing availability and the demonstrated needs of the school, the Police Department will assign a full-time SRO to the school. The full-time SRO's primary duty assignment is the school. In the event of staffing limitations, and taking into consideration the demonstrated needs of the school, it may become necessary to assign a SRO on a pan-time basis. The pan-time SRO provides supplemental patrol coverage for the daytime shift maintaining a liaison with the assigned school and fulfilling SRO duties on an as-needed basis. The duties of the full-time and pan-time SRO while at their assigned schools or related duties will be the same unless specifically noted. The selection of the officer is the most critical aspect of the program. The School and Police Administration shall select officers who have demonstrated the ability, interest, and skills necessary to work with youth, school staff, and the public. The following criteria should be considered by Commanders when selecting officers for the SRO Program: Rank of Patrol Officer or Master Patrol Officer · Ability to work with diverse groups · Knowledge of departmental resources · Creative problem solver · Conflict resolution skills · Knowledge of the Juvenile Code and Juvenile Court procedures · Supervisory recommendation The assignment of the SRO shall be at the discretion of the Chief of Police. It is recommended that the full-time SRO be assigned to the school for a minimum of two years. Pan-time SROs should be assigned to the school for the entire school year. POLICE INVESTIGATION AND QUESTIONING The SRO has been given the authority to stop, question, interview, and take police action, including, but not limited to, detention and arrest, without the prior authorization of the principal or contacting parents. With certain exceptions, the investigation and questioning of students during school hours or at school events should be limited to situations where the investigation is related to the school. Investigations and questioning of students for offenses not related to the operation of or occurring at the school would normally occur in such situations where, for example, delay might result in danger to any person, flight from the jurisdiction by the person suspected of a crime or destruction of evidence. In these situations, efforts will be made to contact the student's parent/guardian before the student is questioned. The principal shall be notified as soon as practical of any significant enforcement events. SROs should coordinate activities so that action between the agencies is cooperative and in the best interests of the school and public safety. 5 The SRO shall provide information to the appropriate investigative sections of any crime(s) or leads that come to the attention of the SRO. The SRO shall be kept advised of all investigations that involve students from his/her assigned school. ARREST PROCEDURES School Resource Officers are expected to be familiar with school rules and their application with the school. Routinely, rule infractions will not be handled as violations of law, but instead referred to the principal for action. Any questions related to the enforcement of rules versus laws within the school should be discussed with the principal. This specifically applies to general standards of conduct. The following procedures will be adhered to wherever possible regarding the arrest of students or staff: The arrest of a student or employee of the school with a warrant or petition should be coordinated through the principal and accomplished before or after school hours, whenever practical. 2. Persons whose presence on schools grounds has been restricted or forbidden or whose presence is in violation of law shall be arrested for trespassing. 3. Arrest of students or staff during school hours or on school grounds shall be reported to the principal as soon as practical. 4. These procedures do not limit or restrict the authority of an SRO to take any such law enforcement action that is otherwise permitted by law. SEARCH AND SEIZURE School officials may conduct searches of students' property and person under their jurisdiction when reasonable suspicion exists that the search will reveal evidence that the student has violated or is violating either the law or the rules of the school. The standard for the search is reasonable suspicion. The SRO shall not become involved in administrative (school related) searches unless specifically requested by the school to provide security, protection, or for handling of contraband. These searches must be at the direction and control of the school official for the purpose of enforcing school rules. At no time shall the SRO request that an administrative search be conducted for law enforcement purposes or have the administrator act as his or her agent. Any search by SRO shall be based upon probable cause or as otherwise permitted by law. When required, a search warrant should be obtained. Stop and frisk will remain an option when there is reasonable suspicion that a criminal act has been committed or may be committed, or that the suspect may be armed. 6 ADMINISTRATIVE HEARINGS The SRO shall attend suspension and/or expulsion heatings upon the reasonable request of the school principal. The officer shall be promptly advised of any such hearing date so that the officer will be prepared to provide testimony on any actions that were taken by the officer and any personally observed conduct witnessed by the officer. The SRO shall make available any physical evidence that is available. Unless otherwise arranged, it will be the responsibility of the SRO to transport and safeguard any physical evidence, such as a weapon, that is needed at the disciplinary hearing. The Chief of the Cannel Police Department and the Superintendent of the Carmel Clay School District believe that it is in the best interest of the child and also in the best interests of the safety and welfare of the community to provide each other with information concerning students that attend Carmel Clay Schools and are involved in alleged acts of delinquency. The Carmel Chief of Police will provide information to the school district as stipulated in the Memorandum of Understanding regarding the sharing of information, pursuant to codes limited by Indiana Code 31-39-4-8. RELEASE OF STUDENT INFORMATION To the extent permitted by Indiana and federal law, the Superintendent of the Carmel Clay School District grants full access to any records concerning any pupil enrolled in a school to any SRO who is seeking such information in the course of the SRO's official duties. RELEASE OF POLICE INFORMATION Consistent with the basic tenants of the relationship between the school principal and the SRO, described in this Memorandum of Understanding, open communication is essential to effectiveness. The SRO should, to the extent permitted by law, exchange information with the school principal regarding students' involvement in criminal activity in and around the school and community and that directly relates to and involves the safety of the school environment. Except as expressly permitted by law and Carmel Police Department policy, the SRO shall not make any official documents, police reports, or records available to the school or its staff. In accordance with Indiana law, the Juvenile Court notifies the School Superintendent of any petitions against school students for selected offenses. The School Hearing Officer, in turn, notifies the appropriate school principal in each case. CONCLUSION This policy represents mutually agreed goals and objectives of the Carmel Police Department and the Public Schools for the School Resource Officer Program. This endeavor is a partnership between education and law enforcement to support a collaborative, problem-solving approach to 7 the growth of violence in schools. Regular meetings shall be conducted between the Police Department and the Schools' Office of School Operations to support this partnership. This Memorandum of Understanding remains in force until such time as either party withdraws from the agreement by delivering a written notification of such rescission to the other party. It shall be reviewed annually and amended as necessary to meet the needs of the signatory agencies. This Memorandum of Understanding shall not be construed to create or substantiate any right or claim on the part of any person or entity, which is not party hereto. ~(nes Br~nard,'lS're;iding Officer Carmel Board of Public Works and Safety Ma~Ann~urke, Board Member Carmel Board of Public Works and Safety Date Date ATTEST: Diana Cordra~, I~MC, Clerk-Treasurer(~,/ B~'(e Breeden, President ~ Carmel Clay Schools Board of Education Date Date Bat'S-ara Underwood, Superintendent ' Carmel Clay Schools Date PREPARED BY: Michael D. Fogarty, Chief Carmel Police Department 3 Civic Square Carmel, IN 46032 317-571-2500