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CCR2024.058-MOU-SRO ProgramCOMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #058-2024 APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR MUSKEGO-NORWAY SCHOOL RESOURCE OFFICER PROGRAM AND POLICE SECURITY SERVICES FOR MUSKEGO HIGH SCHOOL EXTRACURRICULAR ACTIVITIES 2024-2025 SCHOOL YEAR WHEREAS, The Muskego-Norway School District and the City of Muskego have established a School Resource Officer Program by Agreement, which sets forth guidelines to ensure that all parties involved have a shared understanding of the goals of the Program; and WHEREAS, The Parties, as part of said Agreement, have also established a payment method for Muskego Police Officers that provide security services for Muskego High School extracurricular activities; and WHEREAS, The Parties review and renew the Agreement on a yearly basis based upon the prior year's resources and school activities; that the Agreement is up for renewal at this time; and WHEREAS, The Finance Committee reviewed the attached Memorandum of Understanding and recommended approval to the Common Council. l NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Memorandum of Understanding for Muskego-Norway School Resource Officer Program and Police Security Services for Muskego High School Extracurricular Activities for the 2024-2025 School Year. BE IT FURTHER RESOLVED That the Mayor and Police Chief are hereby authorized to sign the Agreement and the City Attorney is authorized to make substantive changes to it as may be necessary in order to preserve the general intent thereof. DATED THIS 8th DAY OF OCTOBER 2024. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #058-2024 which was adopted by the Common Council of the City of Muskego. City Clerk 10/24cmc MEMORANDUM OF UNDERSTANDING I for Muskego-Norway School Resource Officer Program and Police Security Services for Muskego High School Extracurricular Activities 2024-2025 School Year The purpose of this document is to establish a School Resource Officer Program and to set forth guidelines to ensure that law enforcement, school officials, and the communities they serve have a shared understanding of the goals of the School Resource Officer Program. The parties agree that an effective School Resource Officer Program defines the role of the School Resource Officer (SRO) within the context of the educational mission of the school; draws distinctions between disciplinary misconduct to be handled by school officials and criminal offenses/civil forfeitures to be handled by law enforcement; information sharing; School Resource Officer training requirements; program assessment; and program structure. It is further understood that police officers are taken off of routine patrol services in support of the SRO Program. The parties further agree that School Resource Officers receive the necessary support and training to ensure a safe school environment while respecting the rights of students and improving the overall school climate. The purpose of this document is also to establish the payment method for Muskego Police Officers that provide security services for Muskego High School extracurricular activities. The parties agree to the following: I. School Resource Officer Program Role of the School Resource Officer within the Context of the Educational Mission of the School 1. The mission of the School Resource Officer program is to improve school safety and the educational climate at the school. 2. School Resource Officers are responsible for dealing with criminal/civil law issues only. Both parties agree that disciplining of students is a School District responsibility and the SRO will take students violating the code of conduct to the school administration where school discipline can be meted out. In regards to poor behavior on student's part, the SRO can counsel or educate the student in right behavior but if consequences are necessary, the school administration will be responsible for school discipline. 3. The SRO shall meet with building -level school administrators, teachers, parents, and student representatives at least annually to discuss issues of school safety. 4. The SRO shall be integrated into the school community through participation in faculty and student meetings and assemblies as appropriate. 5. The SRO shall maintain activity reports and submit summaries of these reports to building - level school administrators, district -level school administrators, and the Muskego Police Department. The summaries shall include, for each SRO, the numbers and descriptions of all incidents or calls for service; names of school officials involved (referring teachers, principals, etc.); student searches; student questioning; tickets, citations, or summonses; filing of delinquency petitions; referrals to a probation officer; actual arrests, and other referrals to the juvenile justice system. 6. Absent a real and immediate threat to student, teacher, or school safety, and absent the situations described herein, where formal law enforcement intervention is deemed appropriate, building -level school administrators shall have final authority in the building. 7. Students generally will not be taken into custody at school, except where a child poses a real and immediate threat to student, teacher, or public safety or pursuant to a warrant. a) School principals shall be consulted prior to a student being taken into custody where practicable. b) The student's parent or guardian shall be notified of a child being taken into custody as soon as practicable. Information Sharing 8. The Muskego-Norway School District designates the SRO a "School District Official" as provided in the Federal Educational Rights and Privacy Act (FERPA) 20 U.S.C. 1232g, and I I8.125(2)(d) of the Wisconsin Statutes. An SRO may be provided access to student records information maintained by the School District only as needed by the SRO to perform his or her duties as SRO. An SRO may also be granted access to student records information in the event of an emergency situation threatening the health of safety of a student or other individual. The SRO may only re -disclose student records information consistent with FERPA and Wisconsin pupil records law. 9. Records created and maintained by an SRO for the purpose of ensuring the safety and security of persons or property in the school, School District, or for the enforcement of local, state, or federal laws or ordinances shall not be considered student records - even when such records may serve the dual purpose of enforcing school rules - and are not subject to the same prohibitions of access or disclosure by the SRO. (This provision does not prohibit school personnel from complying with the notice and reporting requirements of seclusion or restraint of a student by the SRO as specified in 118.305(4) of the Wisconsin Statutes.) School Resource Officer Training Requirements 10. The SRO shall receive such training as is necessary to permit the SRO to effectively advance the school's educational mission in the context of his or her duties as SRO. Tiaiiung topics, goals, and objectives shall be determined jointly by representatives of the school and the law enforcement agency. Training expenses for school related training shall be shared equally by the Muskego/No way School District and the Muskego Police Department. Training topics to consider may include: school values and mission; child and adolescent development; cultural competency; positive behavioral supports, strategies, and interventions; federal and state anti -discrimination and special education laws; the provisions of Wisconsin law pertaining to the use of seclusion and restraint by school personnel; trauma informed practices; de-escalation techniques; compulsory attendance; suicide prevention; and school mental health. Program Assessment 11. The School Resource Officer Program will be assessed annually, and the evaluation will be conducted jointly between the Muskego Police Department and the Muskego-Norway School District. The following areas will be used to evaluate the program: a) Success of established goals and objectives. b) Police -citizen contacts (citations, arrests, community and school outreach activities, etc.). c) Community feedback. d) Accomplishment of tasks agreed upon as part of any work plan written in conjunction with the principal. Structure and Funding for School Resource Officer Program 12. The School Resource Officer positions shall be reimbursed by the School District for the salary and benefits of officers involved at the rate of 100% for 65% of the calendar year which is the time spent in the schools. 13. Terms of the School Resource Officer Agreement: a) That said above parties agree and contract for the sharing of the service of three School Resource Officer's positions as hereinafter set forth. b) That beginning with the start of the 2023 school year and thereafter, one of the SRO's assigned to the Muskego-Norway School District will be a K9 Officer to assist the SRO's in carrying out their functions at the schools in accordance with this Contact. The Muskego-Norway School District agrees to allow a K9 Officer on its premises at all times and that it will better serve the interests of the School District in terms of performance of the SRO's duties, coordination of projects and programs as defined in the plan, and the combining of resources with administration in relation to accomplishing the educational mission of the schools. The K9 Officer will also be present at the Muskego High School extracurricular events as outlined in Section II herein to provide security for those activities and events. The parties agree that the City of Muskego, in conjunction with the Muskego Police Department, will be solely responsible for all costs and fees of any kind, including but not limited to, training, boarding, feeding, health related issues, transportation, and all other maintenance of the dog, associated with the canine program established and managed by the Muskego Police Department. The parties further agree that the City of Muskego and the Muskego Police Department will be solely liable, as it pertains only to the Muskego- Norway School District, for any personal injuries and property damage caused by the K9, except for damages or injuries that occur due to the reckless or intentional conduct on the part of anyone, including but not limited to, Muskego-Norway School District employees and staff, students, parents, counselors, visitors, or anyone coming in contact with the K9 for any reason. The City of Muskego and Muskego Police Department indemnify the Muskego-Norway School District only, as a legal entity, for injuries and damages occurring due to negligent acts referenced herein. hr the event the K9 is injured due to the acts of the parties listed herein this paragraph, including negligent, reckless or intentional behavior of said individual, the person/entity causing such injuries and 1 damages will be held personally and legally responsible in which case indemnification as to the Muskego-Norway School District or any other person/entity will not apply. c) That the City of Muskego is to be the operator and Fiscal Agent for the School Resource Officer positions. d) That the School Resource Officers' work schedule will be coordinated between the Muskego-Norway Schools and the City of Muskego Police Department. SRO's can be directed to serve any district building as needed. e) That this Contract shall be effective from September I" of said school year through August 31" of the following year. i) That both parties will indicate their interest to continue this Contract for the upcoming school year by informing the other party no later than August 1 S1 of the year the Contract is set to expire. g) That the Plan of Operation and Plan of Payments (Schedule A attached hereto) for dris Cooperative Agreement shall be approved in advance of the Contract signing by both the Muskego-Norway School District and the City of Muskego. It) That the School Resource Officers shall also serve as education instructors such as D.A.R.E.instructors. i) That the School Resource Officers' time will be spent in Muskego High School, Muskego Lakes Middle School, Lake Denoon Middle School, and the District Elementary Schools, the specific time for each to be mutually agreed upon between both the Muskego-Norway School District and the City of Muskego Police Department. j) That the School Resource Officers provide the Muskego-Norway School Board with a report regarding activities and actions taking place during the course of the school year. k) That work space will be provided by the Muskego-Norway School District. l) That clerical support will be provided by the City of Muskego Police Department. m) That on or before August I` of each year, the Muskego-Norway School District will indicate their desire to continue with the present Officer assigned to each school for the next school year. Any desired change in current personnel will be done in writing. n) That when an SRO is absent due to illness or vacation, the other SRO's will roam between their assigned school and the one left vacant due to the aforementioned absence. 14. The School Resource Officer shall report to the Special Services Lieutenant of the Police Department and the designated school administrator of their assigned school. Issues regarding the performance of the School Resource Officer shall be handled by the Special Services Lieutenant and the designated school administrator. 15. A signatory may terminate this Contract by serving written notice to all other signatories at least thirty (30) days in advance of such termination. A termination by a signatory shall eliminate the presence of School Resource Officers at Muskego/Norway Schools. II. Security Services provided for Muskego High School Extracurricular Activities The parties agree that activities held within and run by the Muskego-Norway School District, which include high school football games, basketball games, school dances, graduation, and other activities mutually agreed to by the Muskego Police Chief and District staff, may be staffed with Muskego Police personnel. Police hours shall be reimbursed by the School District at the rate of 50% of the salary at the overtime rate. ( ` ) By signing this Agreement all parties agree to it in its entirety. President of Muskego-Norway School District Date Superintendent of Muskego-Norway School District Date Mayor Chief of Police F:\Departments\Attorney\Agreements\SRO MOU 2024-2025.docx Date Date