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HomeMy WebLinkAbout2025-R-9 Resolution Approving MOA Between GCCS Corporation & City of Jeff for School Resource Officer RESOLUTION NO.2025-R- Ct BEFORE THE COMMON COUNCIL OF THE CITY OF JEFERSONVILLE STATE OF INDIANA RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN GREATER CLARK COUNTY SCHOOL CORPORATION AND THE CITY OF JEFFERSONVILLE FOR SCHOOL RESOURCE OFFICERS WHEREAS,the City of Jeffersonville Police Department ("JPD") is the duly authorized law enforcement agency for the City of Jeffersonville, Indiana; WHEREAS,the Greater Clark County School Corporation ("GCCS") is a duly authorized school corporation serving in part, the residents of the City; WHEREAS, IC 20-26-18.2-1 et al provides for a local law enforcement agency to assign a School Resource Officer (SRO) to a school corporation through a memorandum of understanding between the local law enforcement agency and the school corporation; and WHEREAS, it is in the best interest of families served by GCCS and the broader community, for the City and GCCS to combine their resources to provide one Police Officer to serve as an SRO at each of the following schools: Jeffersonville High School, Parkview Middle School, River Valley Middle School, Franklin Square Elementary School, and Pike Elementary School; and WHEREAS, that said action would be done for the benefit of the school children, employees, faculty, and administrators of the School Corporation along with the general public and citizens of the City and surrounding communities. IT IS, THEREFORE, RESOLVED that the Memorandum of Understanding that is attached to and made a part of this Resolution as if set out herein in full (H.I. —Attachment A) is approved in accordance with its terms and conditions subject to approval by the appropriate City officials. SO RESOLVED AND DULY ADOPTED this .'3 day of June, 2025, by the Common Council of the City of Jeffersonville, d� VOTED +OR. V T A NST: s/ C� SaAdA42O7 Aroved and a opted by the Common Council of the City of Jeffersonville on this a3 — day of 3k,'s , 2025. a 4 /z IL, % )44_, fiat "NW& Evan Stoner, Council President ATTEST: Lisa Gill, Clerk Presented by me as Clerk to the Mayor of the City of Jeffersonville this V day of , 2025. ->1.- --42-- A p Lisa Gill, Clerk This Resolution approved and signed by me this ay of , 2025. Mike Moore, Mayor This Resolution vetoed by me this day of , 2025. Mike Moore, Mayor EXHIBIT "A" MEMORAUNDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING BETWEEN GREATER CLARK COUNTY SCHOOL CORPORATION AND THE CITY OF JEFFERSONVILLE FOR SCHOOL RESOURCE OFFICERS This Memorandum of Understanding ("MOU") is entered into by and between the Greater Clark County School Corporation ("GCCS") and the City of Jeffersonville ("City"), effective the day of June, 2025. PURPOSE The School Resource Officer Program exists to maintain collaborative efforts to provide safe schools and a safe learning environment for staff, students and visitors at Greater Clark County Schools, while developing positive relationships between School Resource Officers ("SROs") and students and promoting community policing. RECITALS WHEREAS,the Jeffersonville Police Department ("JPD") is the duly authorized law enforcement agency for City of Jeffersonville, Indiana; WHEREAS, GCCS is a duly authorized school corporation serving in part,the residents of the City; WHEREAS, Indiana Code §§ 20-26-18.2-1 et seq. provides for a local law enforcement agency to assign an SRO to a school corporation through a memorandum of understanding between the local law enforcement agency and the school corporation; WHEREAS, in the best interest of families served by GCCS and the broader community, GCCS and the City desire to combine their resources to provide a JPD Officer to serve as an SRO at Jeffersonville High School, Parkview Middle School, River Valley Middle School, Franklin Square Elementary School, and Pike Elementary School WHEREAS, the City and GCCS desire to enter into an Agreement that re-establishes the relationship of the parties and further clarifies how they will collaboratively work to best serve GCCS and the broader community; WHEREAS, GCCS and the City desire to continue the School Resource Officer Program for GCCS; WHEREAS, the Police Officers who shall serve as SROs are employees of JPD and are subject to JPD supervision, policies, and program regulations; and NOW, THEREFORE, in consideration of the mutual promises contained herein, the mutual covenants set forth below, and other consideration,the receipt and sufficiency of which are hereby acknowledged, GCCS and the City agree as follows: 4 ARTICLE I. INCORPORATION OF RECITALS The representations, covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as if fully set forth in this Article 1. ARTICLE II.TERM The term of this MOU shall be for one (1)year, commencing effective as of June 16th, 2025 through July 1, 2026. The MOU may be terminated without cause by either party upon 30 days prior written notice to the other party. The Agreement will automatically renew from year to year unless GCCS or the City provide written notice of the intention to decline renewal to the other party at least 30 days prior to any renewal term. ARTICLE III. SHARED COSTS The parties hereby acknowledge as of June 18, 2025 GCCS has paid the sum of $79,647.20 towards the shared costs for 2025. GCCS shall pay the City the additional sum of $112,647.20 for the remainder of 2025 (to be paid $56,647.20 per the remaining quarters) to cover the GCCS portion of the five (5) SROs. Commencing in 2026, GCCS shall pay to the City the sum of$340,150.00 (to be paid at $85,037.50 per quarter) to cover the GCCS portion of the five (5) SROs. ARTICLE IV. QUALIFICATIONS AND RESPONSIBILITIES The following shall govern the SROs' services: A. SRO Staffing. JPD upon approval by the City Council will provide one Police Officer to serve as an SRO at Jeffersonville High School, Parkview Middle School, River Valley Middle School, Franklin Square Elementary School, and Pike Elementary School during normal school hours for a maximum of One Hundred and eighty (180) school days during each school year beginning with the 2025- 2026 school year. Adjustments to the SRO's daily school schedule must be approved by the GCCS Superintendent (or the Superintendent's designee) in conjunction with the principal of the building to which the SRO is assigned. The SRO shall not be an employee of the School Corporation or be entitled to any School Corporation benefits and will remain an employee of the City. GCCS shall reserve the right to participate and approve the selection of the Police Officer who will serve as the SRO and shall develop the duties and responsibilities for this position. If GCCS determines that the services of the selected SRO are no longer acceptable, GCCS shall give notice to the City and a new SRO shall be selected by the Jeffersonville Police Department. The Officer selected for this position will remain in the position during the term of the agreement. In the event the Officer is sick, on vacation, or unavailable to work during the designated time period, an alternate officer will serve in the officer's absence. B. SRO Training Requirements. Prior to being assigned to GCCS as an SRO, the law enforcement officer must have completed the minimum training requirements established for law enforcement officers under Indiana Code §5-2- 1-9. In addition, an SRO must receive at least forty (40) hours of school resource officer training as set out in Indiana Code §20-26-18.2-1 within six months of being assigned the duties of an SRO. SROs, as part of their assignment, must also adhere to the policies and rules set forth by GCCS when not in conflict with JPD's policies. C. SRO Duties and Responsibilities. 1. Under Indiana Code §20-26-18.2-1 et seq., an SRO's duties and responsibilities include, but are not limited to: (1)The duty to assist the school corporation's safety and security supervisor with the development and implementation of a school safety plan that does the following: (2) Protects against outside threats to the physical safety of students. (3) Prevents unauthorized access to school property. (4) Secures schools against violence and natural disasters. (5) Identifies the location of bleeding control kits and AEDs. (6) Participation in the development of programs designed to identify, assess, and aid troubled youth. D.The parties intend for Officers to perform duties consistent with generally accepted duties of SROs. The duties and responsibilities of the SROs include, but are not limited to those specifically described in Exhibit A, which is attached hereto and incorporated herein. ARTICLE V. CONFIDENTIALITY It is the desire and intent of GCCS and the JPD to maintain the confidentiality of juveniles and employees as required by law. Nothing in this Agreement shall be construed to violate the requirement of confidentiality concerning juvenile or employee records and information exchanged or shared by GCCS and the SRO. SROs are "school officials" under the Family Educational Rights and Privacy Act. SROs may not disclose a child's educational records obtained from GCCS to a third party without the consent of the child's parent or as otherwise permitted by law. ARTICLE VI. RELATIONSHIP OF THE PARTIES This Agreement provides for contractual law enforcement services and the exchange of information. SROs are employees of JPD and are subject to JPD supervision and policies. The City agrees to pay the remaining salary and all employment benefits of the SROs. The City agrees to comply with all federal, state, and local statutes, regulations, and ordinances governing the employment of the SROs. SROs will follow the current operating procedures, rules, and regulations of JPD, including attendance at all mandated training and testing to maintain law enforcement certification. JPD and GCCS are not a partnership or joint venture and shall not make representations to third parties indicating a partnership or joint venture relationship. GCCS agrees to be responsible for its obligations as set forth herein according to all applicable laws. ARTICLE VII. GENERAL PROVISIONS A. Cooperation. The parties agree to use reasonable efforts to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications, as may be necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this Agreement. B. Agreement Not Restrictive. Subject to applicable state and federal laws, this Agreement shall not be interpreted to limit or restrict the exchange and sharing of information and documents between the parties. C. Assignment. Except as otherwise provided within this Agreement, neither party hereto may transfer or assign this Agreement without prior written consent of the other party. D. Insurance Coverage. Unless a party certifies that it is self-insured and provides reasonable assurance as to its ability to provide such self-insurance, each party shall maintain comprehensive general liability coverage during the term of this Agreement, and the other party shall be named as an additional insured under the policy. Each party will provide a copy of the insurance policy upon request of the other party. The City is responsible for providing worker's compensation coverage for SROs. E. Amendment. This Agreement may be amended or modified as necessary only by the mutual consent of the parties and any other required legal approvals, made in writing and signed by the parties or their successors in interest. F. No Other Agreement. Except as otherwise expressly provided herein,this Agreement supersedes all prior agreements, negotiations and discussions relative to the subject matter hereof and is a full integration of the agreement of the parties. G. Severability. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property, is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants, agreements or portions of this agreement and,to that end, any provisions, covenants, agreements or portions of this agreement are declared to be severable. H. Waivers. No waiver of any of the provisions of this Agreement shall be valid and enforceable unless such waiver is in writing and signed by the parties to be charged, and, unless otherwise stated, no such waiver shall constitute a waiver of any other provision or a continuing waiver. I. No Third-Party.This Agreement is intended for the benefit of the parties hereto and is not for the benefit of, nor may any provision herein be enforced by, any other person. J. Applicable Law and Venue. This Agreement shall be interpreted, construed, and enforced pursuant to and by Indiana law. Further,the parties consent to venue in Clark County, Indiana. IN WITNESS WHEREOF, in recognition of the understanding as described herein,the parties set their signatures, evidencing thereby their authority and agreement to the terms of this Memorandum of Understanding. GREATER CLARK COUNTY BOARD OF SCHOOL TRUSTEES John Buckwalter, President Date Attest: Keith Freeman, Secretary Date COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE I Evan Stoner, President Date Attest: //9 Lisa Gi , Clerk Date