Public Hearing SRO Contract

Public Hearing SRO Contract
Posted on 12/01/2020
NOTICE IS HEREBY GIVEN that the Board of Education of the Fallsburg Central School District, Sullivan and Ulster Counties, New York, will hold a Public Hearing on the School Resource Officer Agreement for the 2020-2021 school year (LOCATION TO BE ANNOUNCED at www.fallsburgcsd.net) on Wednesday, January 6, 2021 at 7:00 P.M. for the purpose of hearing stakeholder input. Input may also be submitted in writing prior to the meeting to the attention of the District Clerk at Fallsburg Central School District PO Box 124 Fallsburg NY 12733 or ssatz@fallsburgcsd.net. 

Agreement Between 
The Fallsburg Central School District and the Town of Fallsburg and 
Town Of Fallsburg Police Department 
For School Resource Officer Services

This Memorandum of Understanding is for the service rendered to the Fallsburg Central School District (“FSCD”)  by the Town of Fallsburg (“TOF”) in which one (1) School Resource Officer (“SRO”)  will be provided by the Town of Fallsburg Police Department (“TOFPD”) and assigned to the Elementary and High School.

Length of Agreement

The length of the Agreement will be September 1, 2020- June 30, 2021.

General Terms

Officer Phil Brooks will be assigned to FSCD Elementary and High School.
The SRO will be available to the FCSD on a full-time basis, eight (8) hours a day, this includes delays and early dismissals, whenever school is in session for the length of this agreement. He will be under the direction of the Chief of Police and will coordinate daily activities with school administration. The FCSD shall have no ability to control the manner, means, details or methods by which the SRO, TOFPD, or its agents perform services under this Agreement except as provided herein and as required by federal, state, or local laws, and regulations. When school is not in session, the SRO will report to the Chief of Police for assignment.

The SRO’s duties shall include, but not be limited to the following:
o Develop or expand crime prevention efforts for students.
o Provide for the security and safety of all students, staff, and visitors, protect school property and maintain order in and around the school site.
o Attend Superintendent's hearings with students as requested by the FCSD.
o Provide intervention between students and/or staff using appropriate techniques to calm and control situations.
o Under the supervision of the TOFPD or his/her designee, and in coordination with the FCSD's administration, investigate all crimes and incidents occurring on and in the vicinity of school grounds. Provide appropriate documentation for such investigations.
o Report all violations of law, school rules, regulations, or policies to FCSD’s administration.
o Enforce all governing New York State and federal laws, rules, and regulations, and assist schools in meeting requirements mandated by New York State law.
o Act as liaison with police and other emergency personnel
o Build relationships by being a liaison between the TOFPD and the FCSD.
o Advise the FCSD administration of any circumstances or situation that may create any potential harm to persons, or damage to, or loss of property.
o When feasible and requested to do so by FCSD officials, and in a manner, which does not infringe upon individuals’ Constitutional rights, screen persons entering the building or school grounds.
o Become familiar with all hidden recesses in the building and check them periodically. 
o Question any individual not having appropriate identification to ascertain his/her status.
o Develop and maintain a positive and open relationship with students, administrators, faculty, staff, and parents.
o When requested, participate in meetings with school officials, parents, or the School Board to assist in dispute resolution and/or in developing policy and procedures concerning school safety.  Additionally, provide information to students and staff in regard to DWIs, weapons, sale of illegal drugs, etc.
o Seize and store/dispose of any illegal substance or contraband seized by school officials as required/not required for evidence in prosecution.
o Educate potential school-age victims in crime prevention and safety.
o The SRO is prohibited from detaining or questioning students about their immigration status.
o The responsibility for student discipline shall be delegated exclusively to the FCSD administrators. The SRO shall not act as a school disciplinarian. Matters of school discipline shall be referred to the appropriate building principal.

The FCSD will compensate the TOF on a per day basis, billed monthly at a rate of $522.81 per day for the 2020-2021 school year.
Overtime generated by the school activities will be reimbursed to the TOF by the FCSD. Prior approval must be granted by the Superintendent for any overtime.
The Chief of Police will conduct evaluations throughout the school year.
The FCSD will conduct quarterly evaluations.
An Annual Review of the SRO will be conducted at the end of the school year.
If for any reason the SRO is replaced, the FCSD will be involved in interviewing and selecting his replacement. Final determination of the SRO assigned rest with the TOFPD.
The TOFPD shall be providing services to the FCSD as an independent contractor, and any and all services performed by the SRO under this Agreement shall be performed in such capacity.  The SRO shall not hold himself/herself out as, nor claim to be, an officer or employee of the FCSD nor make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the FCSD, including, but not limited to workers' compensation  coverage, unemployment  insurance benefits, social security coverage, disability benefits, or retirement membership or credit.  The SRO shall not have or hold himself/herself out as having the authority or power to bind or create liability for the FCSD by the SRO’s acts or omissions.  
As the SRO’s employer, the TOFPD shall comply with all Federal, State, and local laws, rules, and regulations.  The TOFPD shall pay any applicable taxes, including income taxes, workers'  compensation  insurance, unemployment  insurance payment, disability insurance payment, and/or any other payments that may be required under the laws, rules, or regulations of any government agency having jurisdiction over the TOFPD or its relationship with the FCSD.  
The TOFPD further agrees to indemnify and hold the FCSD harmless against any claim, cost, penalty, damage, or expense (including attorneys’ fees) related to either parties nonpayment and/or underpayment of any such taxes or payments.  These provisions shall survive any expiration, termination, or non-renewal of this Agreement.  
This agreement can be terminated by either party by giving thirty (30) days written notification.

Data Privacy and Security
Protection of Confidential Data: The TOFPD and SRO shall provide the contracted services in a manner which protects Student Data (as defined by 8 NYCRR 121.1(q)) and Teacher or Principal Data (as defined by 8 NYCRR 121.1(r)) (hereinafter “Confidential Data”) in accordance with the requirements articulated under Federal, New  York State and local laws and regulations, including but not limited to Education Law Section 2-d and the associated regulations (8 NYCRR Part 121). 
Data Breach: In the event that Confidential Data is accessed or obtained by an unauthorized individual, the TOFPD shall provide notification to the FCSD without unreasonable delay and not more than seven calendar days after the discovery of such breach.  The County shall follow the following process:
o The security breach notification shall be titled “Notice of Data Breach,” shall be clear, concise, use language that is plain and easy to understand, and to the extent available, shall include: a brief description of the breach or unauthorized release; the dates of the incident in the date of discovery; a description of the types of Confidential Data affected; an estimate of the number of records affected; a brief description of the TOFPD’s investigation or plan to investigate; and contact information for representatives who can assist the FCSD with additional questions.
o Where a breach or unauthorized release of Confidential Data is attributed to the TOFPD and/or the SRO, the TOFPD shall pay for or promptly reimburse the FCSD for the cost of notification to parents and eligible students of the breach.
2-d Addenda: The following addenda attached hereto shall be incorporated into the Agreement, and shall supersede any inconsistent provisions in the Agreement:
o Addendum A: FCSD’s  Parents’ Bill of Rights for Data Privacy and Security 
o Addendum B: Parents’ Bill of Rights – Supplemental Information Addendum
o Addendum C: Third-Party Data Security and Privacy Plan

Health and Safety
COVID-19 Suspension or Termination of Agreement: The School District may suspend or terminate the Agreement immediately upon written notice pursuant to governmental order or School District determination that access to the School District’s facilities must be restricted due the impact of the COVID-19 pandemic, including but not limited to building closures resulting from the COVID-19 pandemic. The TOFPD’s compensation under the Agreement will be prorated for any period wherein services are not rendered pursuant to a suspension or termination under this Section.
COVID-19 Healthy and Safety Compliance: The TOFPD shall comply with all federal, state, local laws, rules, regulations, executive orders, and other requirements applicable to or arising from the COVID-19 pandemic while performing duties under the Agreement. TOFPD shall comply with all health and safety practices and protocols consistent with DOH’s Interim COVID-19 Guidance for Pre-K to Grade 12 Schools attached hereto as Addendum “D,” the New York State Checklist for Pre-K to Grade 12 Schools attached hereto as Addendum “E,” and the School District’s policies and procedures.
Indemnification: The TOFPD shall defend, indemnify and hold harmless the School District, its Board of Education, its officers, administrators, employees, agents and representatives from and against all claims, demands, causes of action, liabilities, losses, damages, judgments, penalties, costs and expenses (including reasonable attorney’s fees) arising out of or caused by negligent or intentional acts or omissions of the TOFPD in connection with the COVID-19 pandemic (for example, arising from the TOFPD’s failure to comply with COVID-19 health and safety protocols).
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