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HomeMy WebLinkAboutOrdinances - 24-10 - 04/01/2024 - IGA School Resource Officer Dist 156 CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 24-10 AN ORDINANCE AUTHORIZING THE MAYOR'S AND DEPUTY CITY CLERK'S EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND MCHENRY HIGH SCHOOL DISTRICT 156 Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois April l, 2024 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 2nd day of Apri12024 ORDINANCE NO 24-10 AN ORDINANCE AUTHORIZING THE MAYOR'S AND DEPUTY CITY CLERK'S EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND MCHENRY HIGH SCHOOL DISTRICT 156. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the Mayor and the McHenry City Council desire to enter into an Intergovernmental Agreement with McHenry High School District 156 for the continued use of the School Resource Officer Program. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the McHenry City Council as follows: SECTION 1: a. The Amended School Resource Officer Intergovernmental Agreement, a copy of which is attached hereto as Exhibit A and made a part hereof,is hereby approved. b. The Mayor of the City of McHenry and the Deputy City Clerk are hereby authorized to executive said agreement. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED and APPROVED this 1 ST day of Apri12024. Voting Aye: Santi, Glab,McClatchey, Strach, Bassi,Koch,Miller Voting Nay: Abstaining: Not Voting: Absent: ayor ATTEST: �'�.�t� a . Deputy Ci y Clerk Exhibit A SRO Intergovernmental Agreement SCHOOL RESOURCE OFFICER INTERGOVERNMENTAL AGREEMENT This agreement made and entered into this 1 st day of April 2024,to provide law enforcement services in the form of assigned School Resource Officer(s)within the McHenry School District l 56 high schools is made and entered into by the City of McHenry, Illinois ("City") and the Board of Education of McHenry High School District 156 ("District l 56"), Illinois. WHEREAS,the City is a Home Rule Municipal Corporation organized and existing under the law of the State of Illinois, and has waived the restrictions of 65 ILCS 5/8-1-7 which may relate to this Agreement and is exercising its home rule power by entering into this agreement; and, WHEREAS, District 156 is a Community Unit School District organized and existing under the laws of the State of Illinois: and, WHEREAS, both the City and District 156 are authorized and empowered to contract with one another pursuant to the provisions of the Constitution of the State of Illinois of 1970, Article VII, Section 10,and Section 3 of the"Intergovernmental Cooperation Act"(SILCS 220/3): and, WHEREAS, the City and District 156 have determined through their respective governing bodies that it is in the respective best interests to enter into an Agreement to provide for on premise law enforcement services in the form of School Resource Officer(s): and, WHEREAS,the City recognizes District 156's authority over the educational environment and District 156 recognizes the City's authority over the law enforcement environment. Collaboration between District 156 and the City and respect for the important role each party plays in connection with our community's youth are essential to the success of the mission of both parties. Both parties recognize that disciplining students for violations of the Student Code of Conduct is appropriate for District 156's officials to manage and investigating students for violations of the Illinois Criminal Code is appropriate for the City's Police Department to manage. The parties seek to implement a partnership that is effective and positive (a) in the parties' larger efforts to address school safety and climate; (b) includes proactive and restorative methods rather than only punitive; and(c) is clear, consistent, and equitable. NOW THEREFORE in consideration of the premises and other mutual and valuable consideration,the receipt and sufficiency whereof is herewith acknowledged,the parties hereto agree as follows: 1 1. PURPOSE OF PROGRAM This program has been instituted by School Board District 156 in cooperation with the City of McHenry Police Department,to help protect the school community and fulfill the following needs: A. Protect students and faculty from acts of violence within the school(s) B. Enhance the relationship between law enforcement of�icers,students in the high schools, parents,and the community in general. C. Assist in the educational programs in which safety and law violations are involved. D. Protect the students and the school from theft,vandalism,trespassing,and other violations of the law. E. Deal more effectively with juvenile offenses. 2. PROGRAM This program,involves the selection of two(2)City of McHenry Police Officers for assignment to District 156,as School Resource Officers(or"SRO")for the period of the school year as defined. While remaining an employee of the McHenry Police Department,it is understood that direction will also come from the designated school official within the school. School Resource Officers will perform their duties in civilian clothes or Class D Uniform during regular school hours on school days. School Resource Officers will be equipped as required by their duties. The scope of the School Resource Officer's duties and responsibilities may be changed or redefined at any time when agreed upon by the police department and high school administration. As a member of the police departrnent,the School Resource Officer will conduct original and follow-up investigations of all criminal and alleged criminal activities which occur during the regular school day and also respond to a11 calls for service at or around the school facility while on duty. Administratively,the School Resource Officer is assigned to the Investigative Division of the McHenry Police Department. The Chief of Police retains the right and authority to assign investigations to School Resource Officers,which arise out of criminal activities involving school activities,property,or of the students' relationship with the school. School Resource Officers will be responsible for conducting these investigations in conjunction with other defined duties and responsibilities. During times in which school is not in session School Resource Officers will be re-assigned to the police department working in Patrol or Investigations. 3. DUTIES AND RESPONSIBILITIES The duties and responsibilities of School Resource Officers include but are not limited to the following: 2 A. Educational Responsibilities 1. Work cooperatively with administrators and staff to plan and schedule appropriate lessons in topics including, but not limited to the role of laws,courts,and police and by participating in preventative programs that focus on deterring youth involvement in criminal acts. I r 2. Provide training for staff on the role of the SRO as well as on topics of interest and ; � importance to the staff related to the SRO's expertise. � B. SRO Responsibilities 1. Promote a positive relationship and enhance communications between police officers, � students,staff,and parents at School District 156. w 2. Interact with students as a positive role model. 3. Work collaboratively with the administrators to azrange and participate in parent/community education sessions. 4. Wark collaboratively with administrators and counselors to develop strategies for dealing with behaviorally at-risk students and establish a working relationship with behaviorally at-risk students. C. Securitv Responsibilities 1. Maintain a high level of visibility during school entrance and dismissal times as well as during passing periods. 2. Meet with administrators to advise them of potentially unsafe situations and assist staff to plan for the safe resolution of those situations. 3. Follow building and District 156 behavior policies. 4. Enforce all Federal, State,and Municipal statutes and ordinances and refer all matters of school discipline to the proper administrator. 5. Assist staff in the event of an emergency. 6. Advise administrators of any community situations that may impact the school environment. 7. Work with staff to make school threat and safety assessments on a continuing basis. 4. CONDITIONS OF EMPLOYMENT A. The program shall consist of the City assigning two(2)police officers to District 156 to act as School Resource Officers during the regular school yeaz. In addition,one(1) School Resource Officer will also be assigned to District 156 for the six weeks of summer school. B. The District 156 Superintendent shall assign a designated administrator(s)to work with each School Resource Ofticer on developing programs and other activities. C. School Resource Officers are considered employees of the City of McHenry Police Department on special assignment to District 156 during the entire school year. School Resource Officers shall not be used by the police department during normal school hours or during assigned school activity,except by mutual agreement between the District 156 Superintendent and the Chief of Police,or in an emergency situation,as determined by the Chief of Police. 3 D. The work week during the school year shall correspond to the normal work week of a police detective in the City. This shall be eight-hour days,five(5)days a week,exclusive of holidays. Exceptions to the normal work week will be made for special school events ("Special Events"),in which the School Resource Officer's presence is required. A Special Event is any activity outside of normal school hours for which District 156 requests the presence of one or more City police officers. Examples of Special Events include but are not limited to sporting events,dances and graduation. E. District 156 shall be responsible for setting the hours of each School Resource Officer when school is in session, including decisions on reduced hours to accommodate the need for the School Resource Officer to work Special Events. District 156 agrees to pay all overtime incurred by any City police officer at a Special Event,regardless of whether the School Resource Officer or another City police officer works the event. F. A School Resource Officer shall be compensated in accordance with the applicable Union agreement. The City shall be fully responsible to each School Resource Officer for the payment of all employee compensation and benefit obligations. Payment of any and all overtime for a School Resource Officer during the school year,while performance duties related to the School Resource Officer position,will be the responsibility of District 156. The City of McHenry will prepare an accounting of the School Resource Officer's reported overtime and submit a bill to District 156 along with the monthly billing statement. G. The City of McHenry will provide specialized youth training for the officers selected to be School Resource Officers. District 156 will permit the School Resource Officers to attend training required by the police department as part of their duties during the school year. The number of hours spent in training,during the school year should not exceed 40 hours,unless approved by the District 156 Superintendent and Chief of Police. 1. In accordance with Section 10-20.68 of the Illinois School Code,the City shall provide District 156 with a certificate of completion,or approved waiver,issued by lllinois Law Enforcement Training and Standards Board indicating the SRO has completed the requisite course of instruction in the applicable subject areas within one year of the SRO's assignment, or has prior experience and training which satisfies this requirement. 2. The SRO shall attend specified training on topics District 156 deems important to be paid for by District 156. Where practicable,District 156 shall also encourage school administrators working with the SRO to undergo training with the SRO to enhance their understanding of the SRO's role and the issues encountered by the SRO. H. Only one(1)School Resource Officer per school day should be away from the school on pre- scheduled benefit time or training while school is in session and only after approval is granted by the school and police department. Exceptions to this rule may occur but only with prior approval from District 156 Super intendant and the Chief of Police. District 156 will not unreasonably deny the School Resource Officer requests for pre-scheduled benefit time during the school year. In accordance with their collective bargaining agreement,the School Resource Officer will be permitted to utilize pre-scheduled benefit time while the officer is assigned to the school. 4 5. RECIPROCAL REPORTING AND STUDENT RECORDS A. Reciprocal Reporting. The City and District 156 shall share information as obligated and/or restricted by law,including without limitation Sections 10-20.14(105 ILCS 5/10-20.14)and 22-20(105 ILCS 5/22-20)ofthe School Code of Illinois,as amended,and Sections 1-7(705 ILCS 405/1-7)and 5-905 (705 ILCS 405/5-905)of the Juvenile Court Act of 1987,as amended. B. Student Records. 1. For purposes of the Illinois School Student Records Act, 105 ILCS 10/,and the Family Educational Rights and Privacy Act of 1974,20 U.S.C. 1232(g),the SRO shall be considered a school official of the School District. As such,the SRO shall have access to student records only as necessary for the fulfillment of his/her/their duties as prescribed in this Agreement. 2. Reports of the SRO are law enforcement records.Consistent with Section l0/2(d)of the Illinois School Student Records Act,reports ofthe SRO shall not be considered a student record. 105 ILCS ]0/2(d). For purposes of the Family Educational Rights and Privacy Act of 1974,20 U.S.C. 1232(g),the SRO designated to work with District 156 pursuant to this Agreement shall be considered a law enforcement unit of the school such that the records created by SRO for law enforcement shall not be considered educational records. C. Any and all information received by any pariy as a result of this section shall be kept confidential by the parties in accordance with any and all applicable laws,and shall not be disclosed to another party except as provided by law. 6. CONFLICTS ln the event of a conflict between any request,instruction,designation or order given by the School Resource Officer's police supervisor and designated school supervisor,related to the duties and responsibilities of the School Resource Officer position,the police supervisor's request,instruction,designation or order shall take precedence. District 156 acknowledges receipt of a copy of the collective bargaining agreement("CBA")between the City and the police union,and agrees to abide by the CBA and that the CBA will take precedence in the event of a conflict with this Agreement. In the event the SRO fails to abide by the terms of this Agreement, follow the rules and regulations of District 156,or perform the duties outlined herein,District 156's Superintendent or designee shall notify the City's Police Department's Investigation Section supervisor of the specific problems. If the School Resource Officer fails to remedy the problems District 156's Superintendent or designee may request a new School Resource Officer and District 156's Superintendent,or designee,and the City's Police Chief,or designee,will work cooperatively to resolve the problem,which may include appointing a new School Resource Officer at the request of District 156. 5 7. STAFFING A. Both the City and District 156 understand the importance and are committed to the School Resource Officer Program. Furthermore,both the City and District 156 agree to staffing the program with two(2)School Resource Officers for each school yeaz when school is in session and one(1)School Resource Officer during the six weeks of summer school. B. For purposes of selecting designated School Resource Officers,the Chief shall provide the District 156 Superintendent or designee(s)with the names of all the qualified candidates. Qualified candidates must meet the minimum qualifications in accordance with State laws as set forth in the City's Police Department's job description. C. The Superintendent and/or designee(s)along with police supervisory personnel will interview officers qualified for the position. The final selection of all School Resource Officers will be made with the approval of the Chief of Police and the District 156 Superintendent as a cooperative effort. If this Agreement is not reached in a timeframe deemed reasonable by the Chief of Police,this Agreement may be deemed cancelled upon notice by the Chief of Police to the District 156 Superintendent. D. Prior to beginning work as a School Resource Officer,the City is responsible for obtaining information required under Faith's Law, 105 ILCS 5/22-94, and informing the school pursuant to Section 22-94(j)(3). District 156 may reject any School Resource Officer pursuant to Section 22-94(j)(4). In the event the City fails to comply with the provisions of this section and as a result a suit or claim is instituted by or on behalf of a student or their parent or guardian for harm caused by the SRO,then in that event,the City agrees to fully defend and indemnify, including reimbursement of attorney's fees and costs,District 156 against any such claims. E. School Resource Officers shall begin their tour of duty in the beginning of each respective school year,on a date set and agreed upon by the Chief of Police and the District 156 Superintendent. School Resource Officer(s)shall be subject to primary supervision by the Investigation Section supervisor and secondary supervision by the designated school administrator(s). F. The respective school designee shall coordinate the daily duties and activities of the School Resource Officer in consultation with the police department's Investigation Section supervisor. 8. FEE STRUCTURE Standard School Year: The salary,benefits and expenses of each School Resource Officer shall be paid by the City. District 156 agrees to reimburse the City its proportionate shaze of salary,benefits,and holiday pay of each School Resource Officer. District 156 shall pay its share of the cost of each active and approved School Resource Officer position,as described here, in two equal installments each year. District 156 agrees to pay installments on August 1"and January 15`for each respective school year. 6 For each approved School Resource Officer placed into the Program,the City and District 156 agree to a 70/30 split as the proportionate share of the actual cost of the School Resource Officers selected for the assignment. District 156 will assume 70%of the cost of salary,benefits,and holiday pay of the assigned School Resource Officers and the City will assume the remaining 30%. The police officers collective bargaining agreement will establish their rate of pay and benefits. The City and District 156 agree to maintain this 70/30 fee structure throughout the term of the agreement. Summer School Session(6 weeks): District 156,at its discretion,may request the use of one SRO during the six(6)week summer school session. The salary,benefits and expenses of the School Resource Officer assigned to the six-week summer school session shall be paid by the City.District 156 agrees to pay an additional fee of$10,000 to the City for the six-week summer school session. District 156 shall pay the six-week summer school session cost at the conclusion of the session,prior to September 1 each year. 9. TERM OF AGREEMENT This agreement shall commence on June 1,2024 for a period of one(1)year and automatically renew annually on June 1 S'.Either party may request to re-negotiate the terms of the Agreement upon six(6)months' written notice to the other party. If agreement is not reached on the terms during the six-month notice period,the Agreement shall automatically terminate,without further notice,upon the expiration of said six-month period.Also,either party may terminate this Agreement upon six(6)months' written notice. District 156 shall pay all Fees incurred pursuant to Section 7 up to and including the date of termination of the Agreement. The parties may also terminate this Agreement at any time by agreement. 10. INDEMITY District 156 shall indemnify and hold the City harmless from any and all loses,costs,demands, damages,actions or causes of action, including attorney's fees arising out of,proximately caused by or incurred by reason of any negligent,grossly negligent, or willful act or omission by the School Resource Officer(s)while performing the duties and responsibilities set forth in Section 3 above,or while otherwise under the specific direction and/or control of the assigned District 156 supervisor(s)or District 156,while on school property and during school hours,provided that said claims,demands,costs and expenses have not been directly caused by the negligence or misconduct of the School Resource Officer(s),the City or the City's other employees. To this end,District 156 shall have all applicable liability policies amended or additional endorsements issued in order to extend coverage to the School Resource Officer(s)and the City under all applicable insurance policies and endorsements as a"Loaned Employee"while acting within the scope of this Agreement. 7 The City hereby indemnifies and shall hold District 156 harmless of and from any and all loses, costs,demands,damages,actions or causes of action,including attorney's fees arising out of, proximately caused by or incurred by reason of any act or omission by the School Resource Officer(s)occurring on School Property while either acting outside of the scope of this Agreement or acting under the specific direction and/or control of a McHenry Police Supervisor. To this end,the City shall maintain all applicable liability policies in order to maintain coverage for the School Resource Officer. Nothing contained in this section or in any other provision of this Agreement is intended to constitute nor shall it constitute a waiver of the defenses available to District 156 or the City under the Illinois Local Governmental and Governmental Employees Tort Immunity Act. 11. EFFECTIVE DATE This Agreement shall be effective upon approval by City Council of the City of McHenry and approval by the School Board of the McHenry High School District 156,once fully signed by the McHenry Mayor,District 156 School Board President,and the City Clerk. In Witness Whereof,the parties have hereunto set their hands and seals as of day and year first above written. CITY OF MCHENRY,an Illinois SCHOOL DISTRICT 156,an Illinois Municipal corporation public school district Mayor President,Board of Education ATTEST: ATTEST: �t� a . Deputy City Clerk 8