MEMORANDUM OF
UNDERSTANDING CITY OF MERCED
AND THE
MERCED CITY SCHOOL DISTRICT
School Resource Officers Program - Partnership
Agreement 2022-2025
THIS MEMORANDUM OF UNDERSTANDING is made and entered into on July 1, 2022, by and between the City of Merced (hereinafter referred to as "City") and the Merced City School District (hereinafter referred to as "MCSD") (hereinafter referred to separately as "Party" and collectively as "Parties").
Recitals
WHEREAS, MCSD and the City desire to create an atmosphere of cooperation toward the common goals of providing a safe learning environment for students and staff; and WHEREAS, MCSD and the City desire to promote positive relationships between the school, the police department, and the community; and
WHEREAS, in furtherance of the goals set forth above, MCSD and the City desire to implement a School Resource Officer (hereinafter referred to as "SRO") Program for the school years of 2022-2023, 2023-2024, and 2024-2025; and
WHEREAS, MCSD and the City's desire to set forth in this Memorandum of Understanding (hereinafter referred to as "MOU") the specific terms and conditions of the services to be performed and provided by the SROs at the schools of MCSD.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows:
1.0 Goals and Objectives - It is understood and agreed that the MCSD and the City share the following goals and objectives with regard to the SRO Program in MCSD schools:
1.1 To foster educational programs and activities that will increase students' knowledge of and respect for the law and the function of law enforcement agencies.
1.2 To encourage SRO attendance at collaboratively planned extra-curricular activities held at the schools, such as parent meetings, athletic events, and concerts.
1.3 To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school sites, such as: disorderly conduct by trespassers (parents, community members, etc.), the possession and use of weapons on campus, the illegal sales and/or distribution of controlled substances, and riots.
1.4 To report serious crimes that occur on MCSD campuses and to cooperate with the law enforcement officials in their investigation of crimes that occur at MCSD schools.
1.5 To cooperate with law enforcement officials in their investigations of criminal offenses which occur off MCSD campuses.
2.0 Employment, Compensation and Assignment of School Resource Officer
2.1 The City agrees to make two (2) or more SROs available during the term of this MOU. The number of SROs employed under this MOU is dependent on the City's ability to employ qualified police officers who have both the ability and required skill set to perform the required duties of an SRO for the purposes intended by this MOU.
The SROs shall be employees of the City and be subject to the administration, supervision, and control of the City's Police Department ("Department") except as such administration, supervision, and control are subject to the terms and conditions of this MOU. The SRO shall also be subject to all personnel rules, policies, and practices of the Department and the City, except as such policies or practices may have to be modified to comply with the terms and conditions of this MOU. The SRO, while at school campus or at school functions, will be considered by MCSD to be "School Officials" pursuant to Education Code section 49076.
2.2 The City agrees to provide and to pay SRO salaries and employment benefits in accordance with the applicable salary schedules and employment practices of the City that are in effect during the time of this MOU, including, but not necessarily limited to: sick leave, vacation leave, compensatory time off, holiday in lieu, retirement contribution, workers compensation, unemployment compensation, life insurance, dental insurance, vision insurance and medical insurance.
2.3 During the term of this MOU (and subject to availability of funds), MCSD agrees to reimburse the City for seventy percent (70%) of the actual cost of each full-time SRO selected to serve the MCSD. The salary of a Senior Police Officer (Step 5) on the City's pay scale is two hundred nine thousand, eighty dollars and nine cents ($209,080.09). Seventy percent (70%) of said amount, which includes administrative costs, is one hundred forty-six thousand, three hundred fifty-six dollars and six cents ($146,356.06). This amount is highest rate option for SRO service and is inclusive of salary and benefits. Pending the selection of SROs by the City and MCSD, the amount billed for SRO services will not exceed a Senior Police Officer (Step 5) rate. A cost detail for the SRO's position is set forth in greater detail in Exhibit A, which is attached to this MOU and incorporated by reference herein.
MCSD may request City to provide additional services (i.e., services in addition to those performed during the SRO's normal working hours of a forty (40) hour work week) by an SRO during evening or weekend events such as: meetings, Back-to- School Nights, Open House(s), sporting events), dance(s), or other school sponsored events. MCSD shall pay City all costs that City incurs in providing additional services as requested by a MCSD representative with the understanding that City is generally required to pay officers at least one and one-half (1 ½) times their regular rate of pay for overtime. The maximum hourly overtime rate for an SRO under this MOU is eight-seven dollars and forty-one cents ($82.0936) per hour. The actual hourly rate to be charged will be based on the selection of SROs to serve MCSD. A cost detail of the overtime hourly rate of pay is set forth in further detail in Exhibit A.
The City, in its sole discretion, shall have the power to hire, discharge, and discipline the SRO; however, a MCSD school representative will participate in the selection of the SRO to be placed on each campus.
2.5 In the event an SRO is absent from work, the SRO shall notify his/her supervisor and duty Sergeant in the Department and the principal (or designee) of the school to which the SRO is assigned.
3.0 Duty Hours
The officer in charge of the SRO Program shall set specific SRO duty hours at the assigned schools by mutual agreement between City and MCSD. Parties agree that SROs will be primarily assigned to Tenaya, Rivera, Hoover, and Cruickshank Middle Schools. In the event of an emergency at a different school site within MCSD, the emergency use of SROs will be requested by MCSD's office, and the Department supervising sergeant shall be notified. In addition, the MCSD and City agree to meet monthly to evaluate the need for SRO use on other school sites outside of the primary assignment.
When school is in session, the SRO will work an equivalent of forty (40) hours per week (full-time) in and around the school and perform community-policing activities.
The SRO shall be provided a written confirmation by the site principal or his/her designee of MCSD's request for additional SRO services prior to working overtime hours. Community policing activities may include:
3.1 Follow-up home visits when needed as a result of school related student problems.
3.2 MCSD-related off-campus activities when officer participation is requested by the principal and approved by City.
3.3 Responses to off-campus MCSD-related criminal activities.
3.4 Responses to court appearances.
3.5 Scheduled officer training.
3.6 Responses to other MCSD campuses as the need arises.
4.0 Basic Qualifications of SROs
To be an SRO, an officer must first meet all of the following minimum qualifications:
4.1 Shall be a City-employed police officer with two (2) years of law enforcement experience.
4.2 Shall possess sufficient knowledge of the applicable federal and state laws and regulations.
4.3 Shall be capable of conducting criminal investigations.
4.4 Shall possess an even temperament and set a good example for students.
4.5 Shall possess communication skills, which would enable the officer to function effectively within the school environment.
5.0 Duties of School Resource Officer
5.1 The SRO shall coordinate all of his/her activities with the principal (or designee).
5.2 The SRO shall develop expertise in presenting various subjects to the students, staff, parents and community. Such subjects shall include, but not be limited to, a basic understanding of the law, the role of the police officer and law related areas.
5.3 The SRO shall encourage individual and small group discussions with students, based upon material presented in class to further establish rapport with students.
5.4 When requested by the principal, the SRO shall reasonably make efforts to attend parent/staff/administrative meetings to solicit support and understanding of the program, including the SRO collaborative meeting.
5.5 The SRO shall reasonably make efforts to be available for conference with students, parents, and faculty members in order to assist them with problems of a law enforcement or crime prevention nature at primary locations. Any need for these supportive services at other schools within MCSD will be requested by the MCSD office and approved by the supervising sergeant. The SRO will work collaboratively with the MCSD staff to develop plans and strategies, presentations and programs for staff, students, parents and the community.
5.6 The SRO shall become familiar with all community agencies that offer assistance to youths and their families, such as mental health clinics, drug treatment centers, etc.
5.7 The SRO shall collaborate with MCSD Associate Superintendent of Personnel Services, Director of Pupil Services, the principals), or their designees, in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student arrest.
5.8 Should it become necessary to conduct formal police interviews with students, the SRO shall adhere to school board policy, Department policy, and all legal requirements for conducting such interviews.
5.9 The SRO shall take all law enforcement action as required. As soon as practical, the SRO shall make the principal or his/her designee aware of such action. The SRO shall take appropriate law enforcement actions against intruders and unwanted guests who may appear at the school and related school functions, and any and all actions taken by the SRO shall be conducted under the authority of law.
5.10 The SRO shall, whenever reasonably possible, participate in and/or attend school functions.
5.11 The SRO shall give assistance to other law enforcement personnel in matters regarding his/her school assignment and shall respond to an officer needing assistance.
5.12 The SRO shall maintain detailed and accurate records of the operation of the SRO Program. These records requested by the MCSD supervisor of the SRO Program shall include, but not be limited to, statistical findings from his/her school. These records will be submitted to the supervisor of the SRO Program.
5.13 The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal believes an incident is a violation of the law, the principal may contact the SRO, and the SRO shall then determine whether law enforcement action is appropriate.
6.0 Chain of Command
6.1 As an employee of the City, the SRO shall follow the chain of command as set forth in the Department Policies and Procedures Manual.
6.2 In the performance of duties, the SRO shall make every reasonable effort to coordinate and communicate with the Associate Superintendent of Personnel Services, the Director of Pupil Services, the principals or the principals' designee(s) of the assigned schools as set forth in this agreement.
7.0 Training
SRO shall be required by the Department to attend police training sessions. Training sessions will be conducted to provide SROs with appropriate in-service training, such as updates in the law, in-service firearm training, and law enforcement-school related training. MCSD will not be responsible for reimbursement of salary during required training sessions. Efforts will be made to schedule training on days when school is not in session.
7.2 MCSD also may provide training in Board of Education policies, regulations, and procedures.
8.0 Supplies and Equipment
8.1 Department agrees to provide SROs with standard issue equipment, firearm, and rounds of ammunition as needed to perform their duties.
8.2 Department agrees to provide SROs with the required duty uniform.
8.3 • MCSD agrees to provide an office, desk, desk chair, computer, and the usual and customary office supplies to SROs.
9.0 Access to Education Records
9.1 MCSD school officials shall be responsible for determining what access the SRO is permitted to educations records. MCSD school officials shall allow the SRO to inspect and copy any public records maintained by the school as well as personally identifiable information that are under the direct control of MCSD and where the SRO has a legitimate educational interest. These records may include, but are not limited to student directory information, classroom schedule, assignments, or discipline files.
However, the SRO may not inspect and/or copy confidential student education records except as allowed by law.
9.2 If information in a student's cumulative record is needed during an emergency to protect the health or safety of the student or other individuals, MCSD school officials may disclose to the SRO that information which is needed to respond to the emergency situation based on the seriousness and level of threat to someone's health or safety. The need of the information is critical to meet the emergency situation when time is of the essence.
9.3 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.
9.4 The SRO may not re-disclose information from educational records to others, including other employees of City or Department unless: (1) the re-disclosure is on behalf of MCSD; (2) the re-disclosure will prevent or mitigate a specific threat to the health and safety of students or others; and (3) except as allowed by law.
10.0 Evaluation
It is mutually agreed that the City and MCSD shall evaluate annually the SRO program and the performance of any assigned SROs. It is further understood that the MCSD and the schools' evaluations of their respective officers are advisory only and that the Department retains the final authority to evaluate the performance of the SROs.
11.0 Term of MOU
The term of this MOU is three (3) years, commencing on July 1, 2022, and ending on June 30, 2025, unless sooner termination occurs in accordance with this MOU.
12.0 Notices
All notices, requests, demands, or other communications under this MOU shall be in writing. Notice shall be sufficiently given for all purposes as follows:
A. Personal Delivery. When personally delivered to the recipient, notice is effective upon delivery.
B. First Class Mail. When mailed first class to the last address of the recipient known to the Party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified Mail. When mailed certified mail, return receipt requested, notice is effective upon receipt if delivery is confirmed by a return receipt.
D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile Transmission. When sent by fax to the last fax number of the recipient known to the Party giving notice, notice is effective upon receipt, provided that: a) a duplicate copy of the notice is promptly given by first class mail or certified mail or by overnight delivery; or b) the receiving Party delivers a written confirmation of receipt. Any notice given by fax shall be deemed received on the next business day if received after 5:00 p.m., or if received on a non-business day.
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the Party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messengers, or overnight delivery service.
Mailing and contact information for notice to the Parties to this MOU at the time of endorsement of this MOU is as follows:
Merced City School District
444 W. 23"d Street
Merced, CA 95340
Doug Collins Brian Meisenheimer
Interim Superintendent Associate Superintendent, Personnel Services (209) 385-6640 (209) 385-6759
City of Merced Merced Police Department
678 W. 18th Street 611 W. 22nd Street
Merced, CA 95340 Merced, CA 95340
Stephanie Dietz Thomas I. Cavallero
City Manager Chief of Police
(209) 385-6834 (209) 385-6915
Any Party may change its address or fax number by giving the other Party notice of the change in any manner permitted by this MOU.
13.0 Termination
This MOU, notwithstanding anything to the contrary herein, may be terminated by either Party at any time without cause or legal excuse by providing the other Party with thirty (30) calendar days written notice of such termination.
14.0 Disposition of Work Upon Termination
In the event of termination, all finished or unfinished documents and other materials, if any, at the option of the MCSD and to the extent permitted by law, shall become the property of the MCSD.
15.0 Modification of MOU
Notwithstanding any of the provisions of this MOU, the Parties may agree to amend the MOU. No alteration of the terms of this MOU shall be valid unless made in writing and signed by the Parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.
16.0 Indemnification
16.1 MCSD shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witnesses' fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned SRO's performance of work or his or her failure to comply with any of City's duties contained in the MOU, except such loss or damage which was caused by the active negligence by City, or the gross or willful misconduct of the assigned SRO.
16.2 City shall indemnify, defend, and hold harmless MCSD, its officers, officials, employees, and volunteers from and against any and all liability, claims, damages, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorneys' fees, expert witnesses' fees, and prevailing party fees and costs) of every nature arising out of the active negligence by the City, or the gross or willful misconduct of the assigned SRO during the performance of work hereunder.
16.3 If MCSD rejects a tender of defense by the City and/or the assigned SRO under this MOU, and it is later determined that the City and/or the assigned SRO breached no duty of care and/or were immune from liability, the MCSD shall reimburse the City and/or the assigned SRO for any and all litigation expenses (including, without limitation, costs, attorneys' fees, expert witnesses' fees, and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the City and/or the assigned SRO settles a liability claim, with or without participation by the MCSD.
16.4 The Parties acknowledge that it is not the intent of the MOU to create a duty of care by the City or its assigned officer that they would not owe in the absence of the MOU. The MOU does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter and/or a duty to intervene) by the City or the assigned officer and the absence of the assigned officer and/or the patrol vehicle is not a material breach of this MOU. The Parties further acknowledge that by entering into this MOU, neither the City nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the MOU.
17.0 Completeness of Contract
This MOU and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the Parties, and no other agreements, oral or otherwise, regarding the subject matter of this MOU or any part thereof shall have any validity or bind any of the Parties hereto.
18.0 Applicable Law; Venue
Any dispute concerning any question of fact or law arising under this MOU or any litigation or arbitration arising out of this MOU, shall be tried in Merced County, unless the Parties agree otherwise or are otherwise required by law.
19.0 Confidentiality
This MOU shall comply with all applicable federal, state and county laws and regulations relating to the confidentiality of information. MCSD and the City shall not publish, use or permit or cause to be published, disclose, or use confidential information pertaining to any minor, without express written permission from the minor's parent or legal guardian, except as permitted by law.
20.0 Nondiscrimination in Employment, Services, Benefits and Facilities
20.1 The MCSD and City shall comply with all applicable federal, state and local antidiscrimination laws, regulations, and ordinances. Neither Party shall unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee, or agent of the other, or recipient of services contemplated to be provided or actually provided under this MOU because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. Parties shall ensure that evaluation and treatment of their employees and applicants for employment, and recipients of services, are free from such discrimination and harassment.
20.2 Parties represent that they are in compliance with and agree to continue to comply with the Americans with Disabilities Act of 1990(42 U.S.C. §12101 et seq.), the Fair Employment and Housing Act (Government Code §12900 et seq.), and regulations and guidelines issued pursuant thereto.
21.0 Agency Relationship
This MOU is not intended to and shall not create the relationship of principal- agent, master-servant, or employer-employee between the City and MCSD. There is no employee relationship between the SROs and MCSD.
22.0 Severability
If a court of competent jurisdiction holds any provisions of this MOU to be illegal, unenforceable, or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them will not be affected.
23.0 Integration of Prior Terms and Conditions
This MOU, including all recitals, constitutes the entire agreement of the Parties.
This MOU may be amended or modified only by the mutual written agreement of the Parties. This MOU is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this MOU, at the level of City Manager or City Attorney or equivalent.
(Signature Page to Follow)
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed the day and year first written above.
CITY OF MERCED
A California Charter Municipal Corporation
BY:
Stephanie Dietz, City Manager Date
BY:
Thomas I. Cavallero, Chief of Police Date
MERCED CITY SCHOOL DISTRICT
BY:
Interim Superintendent Date
BY:
Assistant Superintendent - Personnel Services Date
Approved as to Form:
7-29-22
Go by
Date
Verified Account Data:
BY:
Venus Rodriguez, Finance Officer Date
Attest:
BY:
Jennifer Levesque, Assistant City Clerk Date
EXHIBIT A
City of Merced
Cost Sheet
FY 22-23
SCHOOL RESOURCE OFFICER
Full-Time Senior Police Officer -Top Step 5
Senior Police Officer, Top Step - FY 22/23
Full Benefits Yearly
Salary 22/23 (hourly rate $44.4434*2080) 92,442.27
Uniform Allowance 1,050.00
Holiday Pay (104 hours*$44.4434) 4,622.11
Projection Additional Pay: Education Pay BA/BS 2,400.00 Projection Additional Pay: POST Cert Advanced 2,400.00
Total Salary 102,914.39
Medicare @ 1.45% 1,492.26
Social Security @ 6.20% 6,380.69
PERS Employer @ 17.14% 17,639.53
PERS Unfunded Liability Cost @ 27.08% 25,033.37
Cafeteria Plan - budget @ 875.33 per pay period 22,758.58 Total Benefits 73,304.43
Total Expense/Net Cost 176,218.82
Admin/Overhead Expenses - Police 26,432.82
TOTAL 202,651.64
Total Expense per hour $ 84.72
Overtime Rate
101,864.39 Earnings to calculate OT rate
48.9733 Calculated rate of pay
73.4599 OT Rate
1.0652 Medicare @ 1.45%
4.5545 Social Security @6.20%
$ 79.0796 OT Rate w/Benefits
City of Merced
Cost Sheet
FY 23-24
SCHOOL RESOURCE OFFICER
Senior Police Officer, Top Step - FY 23/24
Full Benefits Yearly
Salary 23/24 (hourly rate $46.2211*2080) 96,139.89
Uniform Allowance 1,050.00
Holiday Pay (104 hours* $46.2211) 4,806.99
Projection Additional Pay: Education Pay BA/BS 2,400.00 Projection Additional Pay: POST Cert Advanced 2,400.00
Total Salary 106,796.88
Medicare @ 1.45% 1,548.55
Social Security @ 6.20% 6,621.41
PERS Employer @ 16.90% 18,048.67
PERS Unfunded Liability Cost @ 27.08% 26,034.68
Cafeteria Plan - budget @ 875.33 per pay period 22,758.58 Total Benefits 75,011.89
Total Expense/Net Cost 181,808.77
Admin/Overhead Expenses - Police 27,271.32
TOTAL 209,080.09
Total Expense per hour $ 87.41
Overtime Rate
105,746.88 Earnings to calculate OT rate
50.8398 Calculated rate of pay
76.2598 OT Rate
1.1058 Medicare @ 1.45%
4.7281 Social Security @6.20%
$ 82.0936 OT Rate w/Benefits
Note: PERS Employer rate estimated from June 30, 2020 CaPERS Valuation Report (Public Safety), subject to change
Note: PERS Unfunded Liability & Cafeteria Plan rates from FY22/23 budget, subject to change
City of Merced
Estimated Cost Sheet
FY 24-25
SCHOOL RESOURCE OFFICER
Senior Police Officer, Top Step - FY 24/25
Full Benefits Yearly
Salary 24/25 (hourly rate $46.2211*2080) 96,139.89
Uniform Allowance 1,050.00
Holiday Pay (104 hours* *$46.2211) 4,806.99
Projection Additional Pay: Education Pay BA/BS 2,400.00 Projection Additional Pay: POST Cert Advanced 2,400.00
Total Salary 106,796.88
Medicare @ 1.45% 1,548.55
Social Security @ 6.20% 6,621.41
PERS Employer @ 16.70% 17,835.08
PERS Unfunded Liability Cost @ 27.08% 26,034.68
Cafeteria Plan - budget @ 875.33 per pay period 22,758.58 Total Benefits 74,798.30
Total Expense/Net Cost 181,595.18
Admin/Overhead Expenses - Police 27,239.28
TOTAL 208,834.46
Total Expense per hour $ 87.31
Overtime Rate
105,746.88 Earnings to calculate OT rate
50.8398 Calculated rate of pay
76.2598 OT Rate
1.1058 Medicare @1.45%
4.7281 Social Security @6.20%
$ 82.0936 OT Rate w/Benefits
Note: Current M.P.O.A. MOU expires after FY23/24, hourly rate subject to change Note: PERS Employer rate estimated from June 30, 2020 CaPERS Valuation Report (Public Safety), subject to change
Note: PERS Unfunded Liability & Cafeteria Plan rates from FY22/23 budget, subject to change