MEMORANDUM OF
UNDERSTANDING CITY OF MERCED
AND THE
MERCED UNION HIGH 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 Merced Union High School District (hereinafter referred to as "MUHSD") and the City of Merced (hereinafter referred to as "City") (hereinafter referred to separately as "Party" or collectively as "Parties").
Recitals
WHEREAS, MUHS 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, MUHS 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, MUHSD and City desire to implement a School Resources Officer (hereinafter referred to as "SRO") Program for the school years of 2022-2023, 2023-2024, and 2024-2025; and
WHEREAS, MUHS and the City 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 SRO(s) for the schools of MUHSD.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1.0 Goals and Objectives - It is understood and agreed that MUHSD and the City share the following goals and objectives regarding the SRO Program in MUHS 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 the SRO to attend extra-curricular activities held at MUHSD 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 MUHSD schools, such as: disorderly conduct by trespassers, 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 MUHSD campuses and to cooperate with the law enforcement officials in their investigation of crimes that occur at MUHSD schools.
1 1.5 To cooperate with law enforcement officials in their investigations of criminal offenses which occur off MUHSD campuses.
2.0 Employment and Assignment of SRO
2.1 The City Police Department (hereinafter referred to as "Department") agrees to employ at least three (3) and up to four (4) SROs (depending on Department staffing) during the term of this MOU. The SROs shall be employees of the City and be subject to the administration, supervision, and control of the Department, except as such administration, supervision, and control are subject to the terms and conditions of this MOU.
2.2 The Department agrees to provide and pay all SRO salaries and employment benefits in accordance with the applicable salary schedules and employment practices of the Department, including, but not necessarily limited to sick leave, vacation, retirement compensation, disability salary continuation, workers compensation, unemployment compensation, life insurance, dental insurance, and medical/hospitalization insurance.
The SROs shall be subject to all other personnel policies and practices of the Department.
2.3 MUHSD agrees to pay the City an amount not to exceed five hundred sixty-seven thousand four hundred twenty-four dollars ($567,424.00) for the operational costs of the services of four (4) SROs provided under this MOU for fiscal years 2022-2023 (July 1 through June 30). These costs for fiscal year 2022-2023 are the maximum costs and will be based on the actual expenses for the salary and benefits of one hundred forty-six thousand three hundred fifty-six dollars ($141,856.00) per a Senior Police Officer for SROs at Merced High School, Golden Valley High School, El Capitan High School, and East Campus Educational Center, plus overtime of up to three thousand dollars ($3,000.00) per site at Merced High School, Golden Valley High School, and El Capitan High School, and up to one thousand dollars ($1,000.00) at East Campus Educational Center per fiscal year, as approved by the site principal or designee. These amounts will cover the total costs of the SROs for Merced High School, Golden Valley High School, El Capitan High School, and East Campus Educational Center.
The cost per Senior Police Officer for fiscal year 2022-2023, is detailed in Exhibit A, which is incorporated by reference herein. MUHSD is aware that the City's costs to provide the services under this multi-year MOU will increase each fiscal year.
By May 31 of each fiscal year during the term of this MOU, the City shall provide to MUHSD in writing an updated Exhibit A reflecting the operational costs for the services under this MOU for the upcoming fiscal year (July 1 through June 30). Any amendments to the Exhibit A shall become part of this MOU and shall govern the respective fiscal year's payment obligations. MUHSD shall pay the City the amount set forth in each updated Exhibit A for the corresponding fiscal year.
In the event that additional SROs are requested by MUHSD to perform services during the term of this MOU, MUHSD will pay the cost of the actual expenses for the salary and benefits per officer plus any overtime, which may be capped at the rate in effect 2 under the MOU at the time the SRO position is added and continued for subsequent years at the rate thereafter in effect and established for each fiscal year under this MOU.
2.4 The Department employs the SROs and the Department shall have sole discretion to assign, temporarily reassign, discharge, discipline, and evaluate the SROs. Each school principal shall provide input to the Department's Chief of Police on school related issues related to the assignment, discharge, discipline, and evaluation of the respective school assigned SRO(s).
2.5 In the event of a resignation, dismissal, or reassignment of an SRO, or in the case of long-term absences of an SRO, the Chief of Police shall provide a temporary replacement when personnel become available. As soon as reasonably possible, the SRO selection panel shall convene and recommend a permanent replacement for the SRO position.
2.6 The Department shall assign one (1) SRO to Merced High School, one (1) SRO to Golden Valley High School, one (1) SRO to East Campus Educational Center, and one (1) SRO to El Capitan High School.
2.7 The SRO and Department will attempt to coordinate all pre-planned absences of an SRO, including those due to trainings, vacations, and medical leave, and shall notify MUHSD of the same and provide a replacement SRO for the affected school site. In the event of an unexpected absence of the SRO, including those due to illness, injury, or emergency police needs, the SRO shall notify both his or her supervisor and duty Sergeant in the Department, and the SRO or their supervisor or duty Sergeant shall notify the principal (or designee) of the school to which the SRO is assigned. For unexpected absences, the Department will make reasonable and good faith efforts to provide a replacement SRO for the affected school site dependent on the Department's staffing limitations.
3.0 Duty Hours / Place of Performance
The officer in charge of the SRO Program shall set specific SRO duty hours at the assigned schools by mutual agreement between the Parties. 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 will obtain written approval by the site principal or program administrator prior to working any overtime hours. Community policing activities may include, but is not limited to:
3.1 Conducting follow-up home visits when needed as a result of school-related student problems.
3.2 Attending school related off-campus activities when officer participation is requested by the principal and approved by City.
3.3 Responding to off-campus school related criminal activities.
3.4 Responding to emergency law enforcement or court appearances. 3 3.5 Attending scheduled officer trainings.
4.0 Basic Qualifications of SRO
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, City and County ordinances, and Board of Education policies and regulations.
4.3 Shall be capable of conducting criminal investigations.
4.4 Shall possess communication skills, which would enable the officer to function effectively within the school environment.
5.0 Duties of SRO
5.1 The SRO shall coordinate all of his/her campus 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, tobacco, alcohol and drug issues, evidence diffusion, violence prevention, and group and safe issues to the community.
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.
5.5 The SRO shall reasonably make efforts to be available for conferences with students, parents, and faculty members to assist them with problems of a law enforcement or crime prevention nature.
5.6 The SRO shall become familiar with all community agencies which offer assistance to youths and their families such as mental health clinics, drug treatment centers, etc.
5.7 Should it become necessary to conduct formal police interviews with students, the SRO shall adhere to any applicable school board policies to the extent that such policies do not conflict with police departmental general orders, regulations, policies, and legal requirements to conduct such interviews.
5.8 The SRO shall take all law enforcement action as required. As soon as practical, the SRO shall make the principal (or designee) aware of such action. The SRO shall take appropriate law enforcement actions against intruders and unwanted guests who may 4 appear at the school and related school functions, to the extent that the SRO may do so under the authority of law.
5.9 The SRO shall give assistance to other law enforcement personnel in matters regarding his/her school assignment as well as responding to an officer needing assistance.
5.10 When previously requested, the SRO maintains detailed and accurate records of the operation of the SRO Program. These records requested by the MUHS supervisor of the SRO Program shall include, but not be limited to, general information related to the program. Examples include information on the day of classroom visits, home visits, number of parent contacts, number of formal student meetings, number of school related investigations, and list of most common duties of SRO.
5.11 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 Procedure Manual.
6.2 In the performance of duties, the SRO shall make every reasonable effort to coordinate and communicate with the principals or the principals' designee(s) of the assigned schools.
7.0 Training
7.1 The 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.
7.2 MUHSD also may provide training in Board of Trustee policies, regulations, and procedures. Training related to school type incidents and student safety may also be provided by the school district.
8.0 Supplies and Equipment
8.1 The Department agrees to provide SROs with standard issue equipment, firearm and rounds of ammunition as needed to perform their duties;
8.2 MUHSD agrees to provide an office, desk, desk chair, computer, and the usual and customary office supplies to the SROs.
9.0 Access to Education Records
9.1 The Parties agree that the SRO shall be deemed to be a "School official" for the performance on SRO duties on behalf of the MUHSD. The SRO shall therefore be allowed to inspect and copy any public records maintained by the school for which the 5 SRO has a legitimate educational interest within the scope of the SRO service in this MOU, and only to the extent permitted by law, including student directory information, classroom assignments, and discipline files.
9.2 If information in a student's cumulative record is needed in an emergency to protect the health or safety of the student or other individuals, school officials may disclose to the SRO that information which is needed to respond to the emergency situation 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.
9.3 If confidential student records information is needed by the SRO, but no emergency exists, the information may be released only upon the issuance of a subpoena, a court order, or a written authorization of a parent or guardian of the student.
10.0 Discrimination
Both the MUHSD and City and/or its employees shall not discriminate because of race, religion, color, national origin, disability, marital status, age, or sex against any person by refusing any person or privilege offered to or engaged by the general public.
11.0 Indemnify/ Hold Harmless
11.1 MUHSD 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 witness fees and prevailing party fees and costs) 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 its obligations contained in the MOU, except such loss or damage which was caused by the active negligence by the City, or the gross or willful misconduct of the assigned SRO.
11.2 The City shall indemnify, defend, and hold harmless MUHSD, 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, 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.
11.3 If MUHSD 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 SRO breached no duty of care and/or was immune from liability, MUHSD shall reimburse the City and/or 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 SRO settles a liability claim, with or without participation by MUHSD.
11.4 The Parties acknowledge that it is not the intent of the MOU to create a duty of care by the City or its assigned SRO that they would not owe in the absence of the MOU. The 6 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 SRO and the absence of the assigned SRO 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 SRO intends to waive any immunities to which they would be entitled in the absence of the MOU.
12.0 Notices
Any notices herein provided by either Party to the other shall be deemed to have been fully given when notices are made in writing and deposited in the United States mail, postage prepaid, and addressed as follows:
To: Alan Peterson, Superintendent
Merced Union High School District
P.O. Box 2147, Merced, CA 95344
To: Kelli Sharpe, Program Administrator
Merced Union High School District
P.O. Box 2147, Merced, CA 95344
To: Thomas I. Cavallero, Chief of Police
City of Merced Police Department
611 W. 22n° Street, Merced, CA 95340
The address to which the notices to be sent may be changed by either Party advising the other in writing of such change. Nothing herein shall preclude the giving of any notice by personal service.
13.0 Termination
Either Party may terminate the services under this MOU with or without cause by giving thirty (30) days prior written notice thereof to the other Party.
14.0 Modification of MOU
This MOU may not be changed or modified except in writing and signed by both Parties.
15.0 Agency Relationship
This contract is not intended to, and shall not be, to create the relationship of principal- agent, master-servant, or employer-employee between MUHSD and City.
16.0 Copies of MOU
This MOU is executed in counterparts, each of which shall be deemed a duplicate original.
17.0 Integration of Prior Terms and Conditions
7 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.
18.0 Term of MOU
The term of this MOU shall be from the date of its execution on July 1, 2022 through June 30, 2025, unless terminated earlier pursuant to Section 13.0 of this MOU. This MOU shall supersede any prior oral or written agreements and shall be the final operative MOU between the Parties.
IN WITNESS WHEREOF, the parties the day and year first above written have affixed their signatures hereto.
CITY OF MERCED
A California Charter Municipal Corporation
BY:
Stephanie Dietz, City Manager Date
BY:
Thomas I. Cavallero, Chief of Police Date
MERCED UNION HIGH SCHOOL DISTRICT
BY:
Assistant Superintendent - Business Services Date
7-29-22
Date
Verified Account Data:
BY:
Venus Rodriguez., Finance Officer Date
8 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
Yearly
Salary 22/23 (hourly rate S44.4434*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
70% of the cost 141,856.00
70% of four Senior Police Officers $567,424.00
Total Expense per hour $ 84.72
Overtime Rate
Earnings to calculate OT
101,864.39
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
10