CITY OF ANAHEIM AND
ORANGE UNIFIED SCHOOL DISTRICT
SCHOOL RESOURCE OFFICER AGREEMENT
This Agreement is made and entered into as of ____________, 2023, by and between the CITY OF ANAHEIM, a Charter City and municipal corporation ("City") and the ORANGE UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California, ("District") (collectively the "Parties").
A. Recitals.
(i). The Parties have determined that there is a need to place up to one (1) police officer at Canyon High School in order to more effectively deal with police-related issues that are unique to school campuses. It is the intent of this Agreement that Anaheim police officers will work on campus, handle crimes that occur on campus, and be utilized for crisis intervention, counseling and mentoring of students.
(ii) The Parties desire to establish an effective mechanism for the provision of such services on District high school sites. (iii) All legal prerequisites to the making of this Agreement have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein it is agreed by and between City and District as follows:
B. Agreement.
1. City and District agree that District and City shall each pay 50% of the cost of up to one (1) full-time sworn police officer, to be committed to full-time (school year) duties as a School Resource Officer ("SRO"). The schedule of hours they will work as SROs will be agreed to and memorialized in writing by the Anaheim Chief of Police and the OUSD designee.
2. The SROs shall be employees of City, and City shall be responsible, in all respects for compensation, training, coordination and management of duties, discipline, and all other matters related to their employment; provided, however, that the individuals employed by City as SRO shall be acceptable to District. The SROs shall comply with all District rules and regulations.
OUSD-City of Anaheim
SRO Agreement
3. City and District agree that the duties of the SRO shall be as follows:
(a). Act as resource person for the schools, students, parents, teachers, school staff and others involved in the welfare and education of youth. (b). Counsel students and parents.
(c). Assist the school authorities in determining the most appropriate courses of action in cases involving actual violations of law on campus or at-risk youth.
(d) Cooperate with school authorities in finding resources that may assist in helping at risk students.
(e) Inspect school facilities for reasonable security precautions, traffic patterns, and vandalism deterrents.
(f) Take reports of criminal offenses that occur on school property and submit them to the Police Department for follow-up. Develop a friendly, non- threatening relationship with students.
(g) Give presentations to students on administration of justice, youth, and the law; rights and responsibilities of students and parents; bicycle, and pedestrian safety, drug abuse, anti-gang messages, and other topics as mutually agreed. (h) Meet with PTA groups, teacher groups, student body groups, and other interested groups as deemed necessary and appropriate. (i) Assist in planning and supervising dances, sporting events, and other school activities.
Both parties agree the SROs shall not be responsible for the following:
(l). Discipline of students.
(2). Enforcement of school rules and regulations.
4. The District and City acknowledge and agree that for purposes of sharing pupil record information, the SRO shall be deemed a "school official" consistent with applicable federal and state law and regulations. Pursuant to 34 Code of Federal Regulations (§ 99.3l (a)(l )(i)(B)), both parties agree that the SRO, as a school official:
OUSD-City of Anaheim
SRO Agreement
(a) Performs a service or function, as noted in this Agreement, for which the District would otherwise use employees;
(b) Is under the direct control of the District with respect to the use and maintenance of education records;
(c) Is subject to the requirements in§ 99.33(a) that the personally identifiable information (PII) from education records may be used only for the purposes for which the disclosure was made, e.g., to promote school safety and the physical security of students, and governing the redisclosure of PU from education records; and
(d) Meets the criteria specified in the District's annual notification of FERPA rights for being a school official with a legitimate educational interest in the educational records. That criteria includes the above three points and limits access to pupil records to those pupil records the SRO needs to review in order to fulfill his or her professional responsibility.
In addition, both parties agree that SROs acting as school officials under this Agreement may only use personally identifiable information from pupil records for the purposes for which the disclosure was made, e.g., to promote school safety and the physical security of the students, in accordance with 34 CFR §§
99.3l(a)(l)(i)(B)(3) and 99.33(a)(2). In addition, SROs under this Agreement are subject to FERPA's redisclosure requirements in 34 CFR § 99.33(a), which means that a SRO who is acting as a "school official" under FERPA may not re-disclose pupil record information from education records to others, including other employees of his or her police department who are not acting as school officials without consent, unless the disclosure fits within one of the exceptions to consent in FERPA such as a subpoena, court order, emergency determined by the District, or directory information if the parent/legal guardian has not opted out.
5. District agrees to reimburse City for 50% of the annual cost of the SROs. This amount may be reduced based upon the actual costs incurred by City and shall be subject to adjustment in subsequent years as mutually agreed upon between the parties.
6. District further agrees to make available office space for the SROs at District's schools, including office materials and supplies. Payment to the City by the District pursuant to this Agreement shall be made based upon quarterly invoices for cost incurred, payable October 1, January 1, April 1 and June 30 of each year in which the Agreement is in effect.
7. The City agrees to indemnify and hold District harmless from any and all liabilities, claims, and costs, including reasonable attorneys ' fees OUSD-City of Anaheim
SRO Agreement
associated with any claims or demands related to the conduct of the SRO or services provided by him/her pursuant to this Agreement. City shall, however, have no obligation to indemnify and hold District harmless for the negligent or intentional wrongful acts of District's officials, employees, and agents.
8. District hereby agrees to indemnify and hold City harmless from any and all liabilities, claims, and costs, including reasonable attorneys' fees associated with any claims or demands related to the conduct of the SRO or services provided by him/her pursuant to direction of District officials or staff District shall, however, have no obligation to indemnify and hold City harmless for the negligent or intentional wrongful acts of City's officials, employees, and agents.
9. This Agreement shall automatically renew annually for an additional period of one (1) year commencing July l of the next succeeding year, unless either Party elects to terminate or alter the Agreement as hereafter provided, up to a total of five (5) years. If either Party wishes to terminate this Agreement without cause or alter its renewal terms, the Party desiring the alteration or termination shall notify the other Party in writing sixty (60) days prior to the proposed alteration or termination date.
10. . The Chief of Police is Authorized to take any and all actions to administer the agreement on behalf of City as specifically set forth herein, including, but not limited to, terminating services in accordance with the Agreement and executing amendments to the Agreement, provided such amendment(s) does not cause an increase in cost.
OUSD-City of Anaheim
SRO Agreement
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM
a municipal corporation
Date of Execution
By:
ATTEST:
By:
Theresa Bass, City Clerk
“ANAHEIM”
Date of Execution
By:
Printed Name
Title
OUSD-City of Anaheim
SRO Agreement
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: __
Kristin A. Pelletier
Chief Assistant City Attorney, Civil
Dated: