HomeMy WebLinkAboutPACKET Public Safety 2007-12-271 PUBLIC SAFETY COMMITTEE AGENDA December 27,2007 8:00 A.M. PUBLIC COMMENT FIRE DEPARTMENT Action 1. Reports 1. Report and discussion on plans for the public meetings for the proposed fee schedule and other funding options. POLICE DEPARTMENT Action 1. Park R-3 School District School Resource Officer agreement Reports 1. Zone Policing Update 2007 NOTE: The Board of Trustees (or Public Safety Committee) reserves the right to consider other appropriate items not available at the time the agenda was prepared.
1 44.4 0 hp LaserJet 3015 W J HP LASERJET FAX invent Dec-21-2007 12:02PM Fax Call Report Job Date Time Type Identification Duration Pages Result 231 12/21/2007 11:59:41AM Send 5869561 0:32 1 OK 232 12/21/2007 12:00:18PM Send 5869532 0:28 1 OK 233 12/21/2007 12:00:51PM Send 5861691 0:34 1 OK 234 12/21/2007 12:01:30PM Send 6353677 0:32 1 OK 235 12/21/2007 12:02:07PM Send 5771590 0:38 1 OK
Estes Park Police Department Memo To: Chairman Wayne Newsom and Public Safety Committee Board Members Fem: Lowell Richardson, Chief of Police CC: Jacqueline Halbumt, Interim Town Administrator Date: December 26,2007 Re: Background This is a renewal of the working agreement between the Town of Estes Park and the Board of Education Park School District R-3. This agreement is for providing School Resource Officer services for the school district campus. This position is funded on behalf of the Town of Estes Park. Town Attorney White and Park School District R-3 attorney's have reviewed and concurred with the terms of the presented agreement. The School Board president has signed the agreement. The original intent of the program was a cost sharing endeavor between the Town and School District. Those negotiations are now complete. The school board agrees to provide $5,000 to offset the 2007/2008 school year expense of the SRO and $20,000 (1/2 of the SRO base salary) for the 2008/2009 school year. BudgeUCosts $56,187.15 Annual salary and Benefits for one Police Officer I position. Recommendations Staff recommends continuing the SRO program under the current agreement 1
AGREEMENT This AGREEMENT ("Agreement"), made and entered into the lst day of November, 2007 by and between: THE BOARD OF EDUCATION OF PARK SCHOOL DISTRICT R-3 (hereinafter referred to as "BOARD") AND TOWN OF ESTES PARK (hereinafter referred to as "TOWN") WITNESSETH: WHEREAS, the BOARD desires the TOWN to have police officers serve as School Resource Officers in several of its schools to assist in maintaining safe school environments, to improve school law enforcement collaboration, and to improve community/police relations with students, staff and law enforcement officials. WHEREAS, the BOARD and the TOWN both recognize the outstanding benefits that the School Resource Officer program has for the citizens of Estes Park and particularly for the students attending the BOARD'S schools. The parties agree that it is in the best interests of the BOARD, The TOWN, and the citizens of the community to continue the program as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: SECTION 1. DUTIES AND RESPONSIBILITIES OF THE TOWN 1.01 TOWN shall provide one (1) School Resource Officer (hereinafter referred to as SRO) to the school campus operated by the BOARD: List Schools and Addresses here: Estes Park R-3 Elementary School 1505 Brodie Avenue Estes Park, Colorado 80517
Estes Park R-3 Middle School 1500 Manford Avenue Estes Park, Colorado 80517 Estes Park R-3 High School 1600 Manford Avenue Estes Park, Colorado 80517 1.02 The SRO shall abide by BOARD Policies and regulations and TOWN Policies, rules and regulations. 1.03 TOWN shall be responsible for the supervision, control, and direction of all aspects of employment of the police officer assigned to the SRO Program. However, the TOWN shall solicit input from the principals and Superintendent each year for evaluation and program effectiveness of the SRO Program. 1.04 TOWN shall ensure that the exercise of the law enforcement powers by the SRO is in the compliance with the authority granted by law. 1.05 The SRO shall not function as a school disciplinarian or security officer, and shall not intervene in the normal disciplinary actions of the school system, nor be used to witness any disciplinary procedures in the school. The SRO, at all times, will be expected to act within the scope of authority granted by law and shall be expected: (a) To perform law enforcement functions within the school setting based upon needs identified by school administration and consistent with the SRO's responsibility to respond to emergency situations. (b) To identify and mitigate, through counseling and referral delinquent behavior, including substance abuse. (c) To foster a better understanding of the law enforcement function. (d) To develop positive concepts of law enforcement (e) To develop a better appreciation of citizen rights, obligations and responsibilities. (f) To provide information about crime prevention. (g) To provide assistance and support for crime victims identified with the school setting, including abused children. (h) To promote positive relations between students and law enforcement officers. (i) To enhance knowledge of the fundamental concept and structure of law. 0) To provide to students instruction in various aspects of law enforcement and education, emphasizing an educational component for the students concerning policing practices and enforcement initiatives related to
juvenile behavior. The SRO shall consult and coordinate instructional activities through the school principals. (k) To participate each year with career day activities held by the schools. (1) To meet at a minimum twice a month with the Superintendent for the purpose of reviewing the needs of the schools relating to the SRO Program. (m) To provide infonnation and reports allowed and required by Colorado law to the Superintendent or her/hisdesignee relating to enrolled students within the Estes Park R-3 School District. (n) To support specific administrative actions taken by the building administrators and the Superintendent in maintaining a drug free school environment, such as locker and parking lot searches and to provide supportive resources (i.e. drug dogs) only when asked by the Superintendent of schools. (o) The SRO shall serve as the primary emergency service provider and coordinator of all crisis situations that potentially effect campus safety and will assist with the implementation of the School District's Crisis Plan. The SRO shall be responsible for the development of and annual maintenance of the ESTES PARK POLICE DEPARTMENT emergency response plan in the event of significant event or crisis. (p) The TOWN shall ensure the SRO receives annual and updated training relevant to providing police services within the school environment. 1.06 Qualifications for officer assignment to the SRO program are: (a) The applicant must be a full-time peace officer, level 1, as defined by C.R.S. §18-1-901(3)(1)(I), with a minimum of three (3) years of law enforcement experience. (b) Shall possess a sufficient knowledge of the applicable Federal and State laws. City and County ordinances, and Board of Education polices and regulations. (c) Shall have access to police resources to conduct criminal investigations. (d) Shall possess even temperament and set a good example for students. (e) Shall possess communication skills that would enable the officer to function effectively within the school environment. 1.07 The TOWN reserves the right to change the officer assigned to SRO duties during the course of the agreement. 1.08 The SRO shall be on duty at the school during regular school hours when students are required to attend, unless police department emergency needs or law enforcement requirements prohibit. Whenever possible, a replacement police
officer should be assigned, on a temporary basis, if the absence of the existing officer is approved by the TOWN and exceeds one (1) day subject to resource availability. SECTION 2. DUTIES AND RESPONSIBLITIES OF BOARD 2.01 The principal or his/her designee at the designated school shall be the on-site contact person for the SRO and shall be responsible for communicating the day-to- day need of service from the SRO. The Superintendent shall ensure the SRO Program supports meeting the mission and vision of the BOARD within the school district. The Superintendent of Schools shall designate the Director of Safety, Security and Emergency Planning to serve as the district liaison for the program. 2.02 The BOARD agrees to provide the SRO an office to conduct matters of confidentiality with a desk, necessary office furnishings and a telephone. 2.03 The BOARD shall maintain control over the content of all educational programs and instructional materials. 2.04 SRO's shall have access to educational records under these conditions: (a) Law enforcement access to educational records shall be in compliance with all applicable laws, policies, regulations, and procedures. (b) The BOARD designates officers assigned to the SRO program as agents of the BOARD's law enforcement program, and as such SRO's shall have access to confidential educational records to perform work that is directly related to their duties at the school. (c) Law Enforcement access to records for purposes outside the scope of the SRO's duties at the school shall be limited to: (1) Public information, such as yearbooks or student directory information (2) Information needed in an emergency to protect the health or safety of the student or other individuals, based on the seriousness of the threat to someone's health or safety; the need of the information to meet the emergency situation and the extent to which time is of the essence. (3) If confidential student records information is needed, but no emergency situation exists, the information may be released only upon the issuance of a search warrant or subpoena to produce the records.
SECTION 3. FINANCIAL SUPPORT OF SRO POSITION 3.01 SECTION 3. TERM OF AGREEMENT 3.01 This agreement shall be made for a 12-month term, beginning the 1st day of August 2007 through the 15th day of June 2008. 3.02 This agreement shall continue in effect until the duration of the term described in paragraph 3.01 or until terminated by either of the parties in accordance with the terms listed in Section 4 below. 3.03 The BOARD agrees to provide reimbursement to the TOWN for overtime costs incurred for after hour direct services provided by the SRO for the term of this agreement in the amount of, $5,000.00. SECTION 4. TERMINATION 4.01 Either party may terminate this agreement by serving written notice upon the other party at least thirty (30) days in advance of such termination. SECTION 5. INVALID PROVISION 5.01 Should any part of this Agreement be declared invalid by a court of law, such decision shall not affect the validity of any remaining portion which shall remain in full force and effect as if the invalid portion was never a part of this Agreement when it was executed. Should the severance of any part of this Agreement materially affect any other rights or obligations of the parties hereunder, the parties hereto will negotiate in good faith to amend this Agreement in a manner satisfactory to the parties. Failing agreement on such amendment, either party may by notice in writing, terminate this Agreement forthwith subject to the provisions of this Agreement relating to termination. SECTION 6. INDEMNIFICATION 6.01 The BOARD agrees to indemnify and save harmless the TOWN for any liability whatsoever arising out of the negligent acts of the BOARD's employees or agents. The TOWN agrees to indemnify and save harmless the BOARD of any liability whatsoever arising out of the negligent acts of the School Resource Officer or the TOWN. Nothing in this Agreement shall be construed to affect in any way the TOWN or the BOARD's rights, privileges, and immunities, including sovereign immunity as provided by law. The parties hereto understand and agree that the BOARD, the TOWN, and their officers and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time-to-
time amended, or otherwise available by other provision of law to either party, their officers, or their employees. SECTION 7. ASSIGNMENT 7.01 Neither party to the Agreement shall, directly or indirectly, assign or purport to assign this Agreement or any of its rights or obligations in whole or in part to any third party without the prior written consent of the other party. SECTION 8. NO WAIVER 8.01 The failure of either party to enforce at any time any of the provisions, rights, or to exercise any elections provided, shall in no way be considered to be a waiver of such provisions, rights or elections or in any way effect the validity of the Agreement. The failure to exercise by either party any of its rights herein or any of its elections under the terms or conditions herein contained shall not preclude or prejudice it from exercising the same or any other right it may have under this Agreement, irrespective of any previous action or proceeding taken by it hereunder. SECTION 9. COMPLETE AGREEMENT 9.01 This Agreement is the complete Agreement of the parties; may be amended or modified only in writing; and supersedes, cancels and terminates any and all prior agreements or understandings of the parties, whether written or oral, concerning the subject matter hereof. SECTION 10. CHOICE OF LAW 10.01 This Agreement shall be governed by and construed and interpreted according to the laws of the State of Colorado. It shall be binding upon and inure to the benefit of the successors of the TOWN and BOARD. SECTION 11. NON-DISCRIMINATION PROVISION 11.01 The parties shall not discriminate against any employee or participant in this program because of race, age, religion, color, gender, national origin, martial status, disability, or sexual orientation. SECTION 12. NOTICE PROVISIONS 12.01 When any of the parties desire to give notice to the other, such notice must be in writing sent by US Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving notice shall remain such
until it is changed by written notice in compliance with the provisions of the paragraph. For the present, the parties designate the following as the respective places for giving notices: To BOARD: Superintendent of Schools Park School District 1601 Brodie Avenue Estes Park, Colorado 80517 To TOWN: Chief of Police Town of Estes Park P.O. Box 1287 Estes Park, Colorado 80517 AUTHORITY PROVISION Each person signing this Agreement on behalf of either party individually warrants that he/she has full legal power to execute this agreement on behalf of the party for whom he/she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first written above. PARK SCHOOL DISTRICT R-3 By fl-/~ ~- Todd Jirsa f President, Board of Education Date: ,lil1·IO-7 Town of Estes Park By John Baudek Mayor Town of Estes Park Date:
ZONE POLICING STATUS REPORT 2007 24 NEIGHBORHOOD MEETING HELD 539 ZONE CONTACTS ZONE INITIATIVES 18 NOISE/CODE VIOLATION ON BLUE SPRUCE COURT PLANNING COMMISSION/POLICE MONITORING TRESPASSING ISSUE ON MEADOW CIRCLE AREA INVOLVED PARTIES CONTACTED-RESOLVED ABANDONED VEHICLES/TRASH AT WEST PARK CENTER RESPONSIBLE PARTIES CONTACTED-RESOLVED TRASH ISSUE @ PARK THEATER MALL RESPONSIBLE PARTIES CONTACTED-RESOLVED SPEED ISSUE- CHIQUITA @ CHAPIN STUDY CONDUCTED-UNABLE TO SUBSTANTIATE DOWNTOWN STUDY-BIKES, SKATEBOARDS & ROLLERBLADES SURVEY CONDUCTED, RESEARCHED RECOMMENDATIONS TO STAFF t SPEED ISSUE ON E. CO 34-TOO SLOW STUDY CONDUCTED, RESIDENTS SURVEYED COMPLAINT UNFOUNDED BURGLARY ISSUES @ EP SELF STORAGE REPORTS REVIEWED, SECURITY SURVEY RECOMMENDATIONS TO BUSINESS OWNER
. .t . TRUCK NOISE ISSUES ON EAST CO 34 STUDY CONDUCTED UNABLE TO SUBSTANTIATE GRAFFITI PROJECT - TOWN WIDE RESOURCES DEVELOPED PLAN ESTABLISHED ORDINANCE RESEARCHED, DRAFTED & PROPOSED LOADING ZONE PROJECT-DOWNTOWN STUDY CONDUCTED RECOMMENDATIONS TO STAFF HUNTING ISSUES-SOMBRERO RANCH MEETINGS HELD, PARTIES CONTACTED RESEARCH EXISTING LAWS UNABLE TO RESOLVE-NO ONGOING LAW VIOLATIONS TRESPASSING ISSUES ON RESERVE PROPERTY SIGNS PLACED INCREASED PATROL-ENFORCEMENT DRIFTING SNOW-CO 7 @ ARAPAHO MEADOWS RESEARCHED ESTABLISHED RESOURCES PROPOSAL TO STAFF SPEED ISSUES @ PROSPECT ESTATES DRIVE STUDY CONDUCTED UNABLE TO SUBSTANTIATE SPEED ISSUE @ SCOTT AVE STUDY CONDUCTED INCREASED ENFORCEMENT