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Agenda Item
ASR
Control 22-001159 |
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MEETING
DATE: |
01/09/24 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
Sheriff-Coroner (Approved) |
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Department contact person(s): |
John
McCulloch (714) 647-1807 |
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Kirsten
Monteleone (949) 206-6101 |
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Subject: Approve Template for School
Resource Officer Agreement MOU
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Consent
Calendar |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A |
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RECOMMENDED
ACTION(S):
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1. |
Approve and
authorize the Sheriff-Coroner to execute future Memorandums of Understanding
for the School Resource Officer Program with Participating School Districts
using the template master agreement, effective upon Board of Supervisors'
approval and execution by the Sheriff-Coroner and in effect until either
party withdraws from the agreement. |
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2. |
Authorize the
Sheriff-Coroner to execute future amendments to the Memorandum of
Understanding with the Participating School Districts for the School Resource
Officer Program if the amendments do not change the material terms of the
agreement. |
SUMMARY:
Approval of the template for a
master agreement for future Memorandums of Understanding with Participating
School Districts allows the Sheriff-Coroner Department to define roles and
responsibilities for school resource officers to effectively partner with the
Participating School Districts to aid in maintaining safety and order in the
school environment.
BACKGROUND
INFORMATION:
The Sheriff-Coroner-Department
(Sheriff) is committed to every effort in ensuring the safety and security of
the residents of Orange County and the Participating School District (District)
is committed to the safety and security of its students. The Sheriff and the
District have developed the School Resource Officer (SRO) Program to partner
and provide school administrators with law enforcement resources and expertise
to aid the District in maintaining safety and order in the school environment.
The SRO Program is intended to assist schools in ensuring that no student's
right to receive an education is abridged by violence or criminal disruption.
The SRO Program does not supplant the District’s responsibility to provide
security for its students. Instead, it is intended to enhance security. The SRO
Program involves the assignment of a deputy sheriff, as an SRO, to a public
school or a specified jurisdiction governing more than one school. The SRO's
primary duty assignment is to prevent violent acts and reduce criminal behavior
on the school campus. The SROs are also responsible for handling calls for
service, coordinating the response of other law enforcement resources as
necessary, patrolling the school campus, providing law enforcement-related
training (e.g., information about crime trends and changes in laws) to school
administrators as necessary, monitoring the social and cultural environment to
identify emerging youth gangs, participating in fire drills and lock-down
drills and critical incident management strategies, disposing of illegal
substances recovered by District, assisting with security at school-sanctioned
events, attending and providing testimony at school disciplinary hearings upon
the District’s request and checking on students' safety and welfare off-campus
in circumstances where it is reported or documented the student's health or
safety is at risk.
The proposed template for a master
agreement to establish future Memorandums of Understanding (MOU) between the
participating Districts and Sheriff defines the interaction between District's
administration and the SRO to establish and maintain specific guidelines and procedures
for the SRO and District administrators. The District's Board of Trustees will
approve the proposed MOU as the need arises at its meeting.
The proposed master agreement MOU
template includes a mutual indemnification provision and no insurance requirements.
CEO Risk Management has reviewed and approved the non-standard terms as both
public entities are both highly self-insured. A Risk Assessment or Modification
of Insurance Terms Form is attached (Attachment B).
The proposed master agreement MOU template
includes a requirement that the MOU be reviewed annually and amended as
necessary to meet the needs of the parties.
The Sheriff-Coroner Department
requests approval of the proposed master agreement MOU template and authority
to execute future amendments if they do not change the material terms of the
agreement. The Sheriff will assign an SRO to each District based on the
availability of each District’s staff or requests.
FINANCIAL
IMPACT:
Respective School District is
responsible for 100 percent of the costs related to this agreement.
Appropriations and revenue to the adopted FY 2023-24 agreement are included in
the Sheriff-Coroner Department's FY 2022-23 base budget.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - School Resource Officer Agreement Memorandum of Understanding Template
Attachment B - Risk Assessment or Modification of Insurance Terms Form
Attachment C - Education Code Section 48902
Attachment D - New Jersey-v-TLO 469 U.S. 325
Attachment E - California Penal Code 1546 et seq
Attachment F - Family Educational Rights Privacy Act 34 CFR 99.36
Attachment G - Health Insurance Portability and Accountability Act 45 CFR
164.512 (b)
Attachment H - Welfare and Institutions Code 827
Attachment I - Welfare and Institutions Code 828
Attachment J - Code of Federal Regulations Title 45 Public Welfare 164-512 (j)