MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
THE CITY OF SAN MATEO
AND THE
SAN MATEO-FOSTER CITY SCHOOL DISTRICT
REGARDING
POLICE ENGAGEMENT & COLLABORATION
This MEMORANDUM OF UNDERSTANDING (MOU) is entered into on this — day of —- by and between the City of SAN MATEO (CITY) and the San Mateo-Foster City School District (DISTRICT).
RECITALS
WHEREAS, CITY and DISTRICT desire to enter into an AGREEMENT for the purpose of defining the terms and conditions governing the use of police engagement and collaboration of the SAN MATEO Police Department (SMPD) on DISTRICT elementary and middle school campuses. Student survey responses are an annual driver for the yearly updating of this MOU.
NOW, THEREFORE, the parties agree as follows:
SECTION I. BACKGROUND
The DISTRICT desires to have access to, and engage in collaboration with, SMPD for the purpose of creating positive and safe campuses. It is the intention of the parties that all SAN MATEO Police Officers who respond to DISTRICT property during their regular, on-duty hours of employment with their primary employer, the City of SAN MATEO, be governed by the principles and guidelines stated in this MOU. Both parties agree that the safety and well-being of children are the highest priorities.
SECTION 2. PURPOSE
The purpose of this MOU is to establish principles and guidelines governing the relationship between the DISTRICT and the CITY regarding the provision of SMPD law enforcement on DISTRICT elementary and middle school campuses. Both parties will do their part, with utmost respect and fidelity, to adhere to the principles and guidelines contained in this MOU beginning on the date established above.
The parties agree that we aim to:
1. Maintain safe, peaceful, and secure learning environments and campuses for all students and members of the community;
2. Preserve life and property in a manner which promotes community, trust, goodwill, and teamwork;
3. Develop positive relationships with all students;
4. Maintain positive and collaborative working relationships with all staff and school and district administrators in advancement of student safety during investigations and school engagements.
SECTION 3. POLICY, ROLES, AND DUTIES
CITY’s Law Enforcement Roles and Duties include the following:
1. The DISTRICT and the CITY OF SAN MATEO agree to annually review SMFCSD Board Policies. According to Board Resolution, the Board and the Superintendent implemented an inclusive, community-driven process for drafting new SMFCSD policies that prioritizes restorative practices, and reduces the likelihood that a student would be issued a citation, arrested, or referred to law enforcement while on school grounds. The parties agree to utilize restorative practices unless there are no other available alternatives for addressing imminent threats of serious harm:
a.BP 5131- Conduct
b.BP 5144- Discipline
c.AR 5144- Discipline
d.BP 5145.11- Questioning and Apprehension
2. Law enforcement services may be requested by the DISTRICT and provided with officers who are on duty with the CITY.
3. The police officer is first and foremost a law enforcement officer of his or her primary employer, the CITY and SMPD. The police officer shall be responsible for carrying out all duties and responsibilities of an officer as prescribed by state law and shall remain at all times subject to SMPD and the CITY.
4. SMPD is encouraged to develop an annual calendar of activities, events, and services in conjunction with SMFCSD Student Services Department.
5. Police Officers may be requested to assist with the disposal of contraband associated with infractions such as having illegal drugs on campus.
6. SMPD and SMFCSD will support the use of restorative approaches to student discipline and prioritize diversion strategies. Services such as counseling, mentorship, social worker support, and mental health support shall be offered as diversionary strategies.
7. SMPD agrees to work in collaboration to follow the San Mateo County Big 5 Protocol, Threat Assessment Protocol, and Sexual Abuse Investigations Protocol.
DISTRICT responsibilities include the following:
1. The DISTRICT agrees to agendize, coordinate, and facilitate the annual review of SMFCSD Board Policies for engagement with the CITY of SAN MATEO and SMPD:
a. 5131.2 Bullying
b. 5131.41 Use of Seclusion and Restraint
c. 5131.5 Vandalism
d. 5131.6 Alcohol and Other Drugs
e. 5131.7 Weapons and Dangerous Instruments
f. 5142 Safety
g. 5145.11 Questioning and Apprehension by Law Enforcement h. 5145.12 Search and Seizure
2. The DISTRICT will ensure that student disciplinary matters remain the responsibility of school staff and not SMPD. Enforcement of the code of student conduct is the responsibility of teachers, school staff, and school administrators.
The DISTRICT will ensure that a trained counselor, social worker, therapist, mental health clinician, or TOSA assist with maintaining safe campuses.
3. The DISTRICT will involve police officers when student offenses (arson, assault, drug sales, etc) constitute violations of criminal law, or are criminal violations eligible for diversion.
4. The DISTRICT will maintain full, final, and plenary authority over curriculum and instruction in the DISTRICT, including the instruction of individual students in any educational realm, be it academic or socioemotional.
5. The DISTRICT, pursuant to the authority set forth in the California Education Code, has the duty to address student discipline, issue appropriate consequences, provide appropriate student support, and/or provide referrals to law enforcement/probation on criminal matters as required by the law.
6. The DISTRICT agrees to enact annual student and staff survey instruments each March, facilitated by the DISTRICT’S Equity and Inclusion Department, for the purpose of maintaining yearly data relative to student feelings of safety, connectedness, and belonging. The purpose of this survey strategy is to ensure that this MOU improves student feelings related to these criteria. The district will prepare a report for the Board of Trustees summarizing survey results which will allow for approval of a new MOU or changes to this MOU each May. SMFCSD agrees to share survey results with the police department.
7. The DISTRICT will maintain records of on-site engagement events with SMPD and their frequency at each school.
8. Pursuant to the California Education Code, the DISTRICT’s jurisdiction over student discipline extends to discipline related to a school activity or school attendance that occurs at any time, including, but not limited to, any of the following:
a. While on school grounds;
b. While going to or coming from school;
c. During the lunch period whether on or off the campus; d. and During or while going to or coming from a school sponsored activity.
9. At the request of SMPD, as part of a criminal investigation, the DISTRICT will make available any information they have acquired through their separate and thorough investigation, including but not limited to events, dates, times, suspect names, victim names, and/or witness names. However, any information subject to legally protected privilege will not be released unless an exception applies or the privilege is waived by its holder.
10. At the request of SMPD, as part of a criminal investigation, the DISTRICT will make available any video footage they have recorded, including those in the DISTRICT’S video camera system.
11. SMFCSD agrees to work in collaboration to follow the San Mateo County Big 5 Protocol, Threat Assessment Protocol, and Sexual Abuse Investigations Protocol.
The parties shall ensure that the respective individuals assigned to the school campuses and responsible for the implementation of this MOU are provided a copy of the MOU and are informed of the contents of this MOU and their duty to implement it.
SECTION 4. PLANNED SCHOOL-RELATED EVENTS
The following policies and procedures are agreed upon to facilitate coordination for planning and responding to planned school-related events.
The DISTRICT and the CITY agree to plan school-related events. The DISTRICT strongly recommends that SMPD representatives be present in non-official uniform whenever possible.
Events could including:
1. Lunchtime football, basketball, soccer games, or other school sports events, school dances, promotions or other school related events.
2. SMPD will share diversion programs with the DISTRICT’s Student Services Department. Parties agree to share information for all planned school-related events.
3. Parties agree to share information and collaboration on community events such as Holiday Brunch; Holiday Giving; Holiday Gift Shop; National Night Out; Super Hero Day; Dia de los Muertos. Parties agree that the intent of these events is to build relationships and not law enforcement action.
SECTION 5. RESPONSE TO EMERGENCIES
1. In response to a non-violent criminal incident, the DISTRICT shall consult with SMPD to develop a contingency plan and response.
2. Unless the incident involves criminal activity or an emergency where police resources in addition to the SMPD Chief or designee are desirable, the DISTRICT shall make an initial decision regarding the need for a police response based upon knowledge of the incident, the DISTRICT’s policies and resources, and consultation with SMPD Chief or designee, if necessary. If the incident is outside the scope of the DISTRICT’s resources, or there is a significant threat to human life or property, or the SMPD is made aware of the incident and makes a determination the incident is critical in nature, the DISTRICT shall relinquish the overall decision-making process to SMPD, who shall then assume the role of the incident commander.
3. SMPD and DISTRICT personnel agree to keep one another informed of decisions and the status of emergencies or situations that arise on a school campus.
4. Incidents that originate at a school site that extend into the community will be handled by SMPD.
SECTION 6. TERM
This MOU shall be in effect for one year from the date executed above. This MOU may thereafter be extended for one-year terms by written agreement of SMPD and the DISTRICT.
DISTRICT and SMPD representatives shall meet and confer annually, or more frequently if deemed necessary, to review the terms of this MOU. If it is determined that modifications are necessary, such modifications shall be made and appropriately executed in writing by authorized representatives from DISTRICT and SMPD. On the DISTRICT side, the communication will go directly to the Superintendent and the Assistant Superintendent of Student Services.
SECTION 7. TERMINATION
Either Party may terminate this MOU with or without cause on sixty days advance written notice.
SECTION 8. UNDERSTANDING AND ACCEPTANCE OF THE PARTIES
This MOU constitutes the entire understanding of the parties. The Provider’s signatures below signify both an understanding and acceptance of the MOU provisions and guidelines.
WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.
APPROVED AS TO FORM: CITY OF SAN MATEO, a municipal corporation _____________________________ _____________________________
BAHAR ABDOLLAHI, ED BARBERINI,
Assistant City Attorney Chief of Police
“DISTRICT” SAN MATEO-FOSTER CITY
SCHOOL DISTRICT, a California School District
______________________________
SHARA WATKINS,
Board of Trustees
President