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HomeMy WebLinkAboutItem 08 - GCISD Police Officer MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER 3 MEETING DATE: OCTOBER 17, 2017 SUBJECT: CONSIDERATION OF AN INTERLOCAL AGREEMENT WITH THE GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT FOR THE USE OF A POLICE OFFICER TO TEACH THEIR CRIMINAL JUSTICE CURRICULUM AS A FULL-TIME TEACHER RECOMMENDATION: City Council to consider approval of an Interlocal Agreement (ILA) between the City of Grapevine and the Grapevine-Colleyville Independent School District. FUNDING SOURCE: The City of Grapevine will be reimbursed by the school district for the salary and benefits of the Police Officer/Educator used to teach their program. BACKGROUND: GCISD began a Criminal Justice program at Grapevine High School to prepare students interested in a career in the criminal justice field. Last year the instructor teaching that program left the District and therefore interviewed to fill the vacant position. The person selected was a Grapevine police officer. In an effort to increase police presence on the campus, an agreement was reached whereby the officer would maintain his status as a police officer working for the City of Grapevine while working full-time as a teacher for the district. The district agreed to reimburse the City for the full cost of the officer up to the cost of a full-time teacher. BR/es STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT WHEREAS, the Interlocal Cooperation Act, Chapter 791, Government Code, authorizes local governments to contract with one another for the performance of governmental functions and services; WHEREAS, the City of Grapevine (the "CITY") and the Grapevine-Colleyville Independent School District (the "DISTRICT") have determined that valuable public services will be achieved if a police officer, who is employed full-time by the CITY, teaches criminal justice courses at the DISTRICT'S Grapevine High School ("GHS"); and WHEREAS, the CITY and the DISTRICT desire to enter into this "Agreement" for the purpose of sharing the services of the CITY's police officer as hereinafter set out in this Agreement; NOW, THEREFORE, for the good and valuable consideration expressed, the CITY and DISTRICT agree as follows: I. TERM The initial term of the Agreement shall commence on August 28, 2017, and end on July 31, 2018. Thereafter, the Agreement will automatically renew for one year periods unless terminated by either party as permitted herein. H. SELECTION OF THE OFFICER During the term of this Agreement, the CITY will assign to the DISTRICT a full-time police officer to achieve the purposes of this Agreement (the "Officer")pursuant to Section 1701.601 of the Texas Occupations Code. In addition to being a fully-certified peace officer licensed by the Texas Commission on Law Enforcement, the Officer will have either an appropriate teaching certificate issued by the State of Texas or a local teaching certificate issued by the DISTRICT. The individual to be assigned by the CITY as the Officer must first be reviewed and approved by the DISTRICT. The parties agree that as part of the DISTRICT's review of a proposed Officer, the CITY will conduct the same criminal background check that state law requires the DISTRICT to conduct for the DISTRICT'S professional employees and supply the DISTRICT with the results of the background check. The DISTRICT will advise the CITY on the type of background check required and the DISTRICT will reimburse the CITY for the costs of the background check The criminal background check will not involve the CITY's use of its access to the TCIC or NCIC databases. In addition, the DISTRICT may, at any time during the term of this Agreement, require the CITY to remove an assigned Officer and replace him/her with another Officer. The replacement Officer will be subjected to the same prior review and approval process by the DISTRICT. The initial Officer to be assigned by the CITY is Officer Clark -1- Wiethom. Officer Wiethom has been reviewed and approved by the DISTRICT. In the event the DISTRICT does not approve a replacement Officer; this Agreement shall automatically terminate. III.THE OFFICER'S DUTIES A. Primary Duties While on Assignment: While the Officer is assigned to the DISTRICT, the DISTRICT will treat the Officer as a Student Resource Officer ("SRO") pursuant to DISTRICT Policy, but the Officer will serve as a full-time teacher of criminal justice classes at GHS during the school year(s) this Agreement is in effect, beginning with the 2017- 2018 school year. While on assignment at GHS, the Officer will perform all of the typical functions associated with the position of a DISTRICT classroom teacher including, but not limited to, teaching classes, maintaining classroom discipline, preparing lesson plans, administering tests and exams, grading student work, conducting parent conferences, attending faculty meetings and training sessions, chaperoning student field-trips, and participating in GHS nighttime events such as graduation ceremonies, campus open houses or meet the teacher events. The Officer's performance will be evaluated by the DISTRICT pursuant to an evaluation/appraisal process developed by the DISTRICT especially for the Officer. The DISTRICT will provide the CITY a copy of the Officer's evaluation/appraisal(s), subject to the approval of the Officer. While the Officer will at all times serve under the direction of the CITY's Chief of Police or the Chiefs designee, the Officer will also serve under the direction of the OHS Administration and the DISTRICT's Central Administration while performing the functions of a DISTRICT teacher. The Officer will comply with all DISTRICT policies and procedures and all federal and state laws and regulations that are applicable to the DISTRICT's teachers including, but not limited to, Title 20 of the United States Code, the regulations issued by the Department of Education, the Texas Education Code, and the regulations issued by the Texas Education Agency. B. Secondary Duties While on Assignment: While the Officer is assigned to the DISTRICT and treated as an SRO for purposes of DISTRICT Policy, the Officer will not perform the usual duties performed by other SRO's assigned by the CITY to the DISTRICT's campuses. Recognizing, however, that the Officer will remain at all times a CITY police officer even while on assignment as a teacher at GHS,the DISTRICT authorizes the Officer to be armed while at GHS and to respond to emergency situations that occur at GHS when the Officer is present,just as SRO's are so authorized. The Officer will adhere to the DISTRICT's dress code. The parties agree,however,that the Officer will only use a body-worn camera while on the GHS campus in accordance with the City's Body-Worn Camera Policy. C. Duties While Not on Assignment at GHS: When classes are not in session during the school year, such as during the DISTRICT's Thanksgiving break, winter break, and spring break, and during the summer break between school years, the Officer will perform police duties as assigned by the CITY's Chief of Police or the Chiefs designee. -2- IV. PROHIBITED USE OF EDUCATIONAL RECORDS The parties recognize that by being assigned to perform the functions of a GHS teacher, the Officer will have access to the educational records of the DISTRICT'S students, including students' discipline records. It is specifically agreed and understood that the Officer will at all times comply with the Family Educational Rights and Privacy Act and the regulations thereunder ("FERPA") and will not use any educational records (as that phrase is defined in DISTRICT Policy FL (Legal) and by FERPA) or the information contained therein in connection with any police activities without first obtaining the consents or authorizations required by FERPA. V. EMPLOYMENT STATUS/DISTRICT'S REIMBURSEMENT A. In General: The parties acknowledge and agree that the Officer will be a full-time employee of the CITY at all times during the term of this Agreement.The CITY will provide and be solely responsible for the Officer's salary (including any overtime pay due under the Fair Labor Standards Act), medical insurance coverage, workers' compensation coverage, general liability coverage, auto liability coverage, retirement and/or pension contributions, professional licensing requirements for a fully-certified peace officer, and all other employer obligations or duties provided by the CITY to its other employees serving as police officers. The CITY will be responsible for the employer's portion of all federal, state or local taxes relating to the Officer's salary including, without limitation, federal withholding, social security, unemployment compensation, and any other fees, charges, or other payments required of employers by law. The Officer will not have an employment contract with the DISTRICT, the Officer will not be considered an employee of the DISTRICT, the Officer will not receive a salary or any other form of compensation from the DISTRICT, and the Officer shall not be eligible for, or permitted to participate in, any benefits offered or provided by the DISTRICT to its employees including, without limitation, any pension plans,health insurance plans, disability insurance plans, or other DISTRICT employee benefit plans of any nature whatsoever, except ten Leave Days. The Officer shall be entitled to utilize the ten Leave Days in accordance with the DISTRICT's policies and procedures for the use of State Leave Days and Local Leave Days provided to other GCISD teachers. In addition to providing these Leave Days to the Officer, the DISTRICT will track the Officer's use of these days B. District Reimbursement: To offset the CITY's cost to assign the Officer to the DISTRICT, the DISTRICT will reimburse the CITY an amount equal to the gross salary the DISTRICT would normally pay a DISTRICT teacher who teaches a similar class load and who has the same number of years' experience teaching in the State of Texas. As an example, the 2017-2018 school year will be Officer Wiethorn's second year to teach in the State of Texas. The DISTRICT will, therefore, reimburse the CITY the gross amount (inclusive of the DISTRICT's standard benefit costs for a similarly qualified and compensated teacher) it would pay a DISTRICT teacher who is teaching a similar class load and who is entering his/her second year as a teacher in the State of Texas. The DISTRICT will pay the cost of the annual reimbursement annually during the term of this Agreement upon invoicing from the CITY. The parties -3- acknowledge and agree that the amount of the DISTRICT'S reimbursement bears no relationship to the Officer's annual gross salary paid by the CITY. The reimbursement may be less than, equal to,or greater than the annual gross salary paid by the CITY to the Officer. VI. STATUS OF THE PARTIES The CITY and the DISTRICT shall operate hereunder as independent contractors and not as officers,agents, servants or employees of each other. The CITY shall be solely responsible for the acts and omissions of the Officer. Nothing in this Agreement shall waive any statutory or common-law immunity or defense of the CITY or the DISTRICT. All payments to be made by the parties under this Agreement will be made from current revenues. VII. AUTHORIZATION The governing bodies of the CITY and the DISTRICT have approved the execution of this Agreement and have authorized the persons signing the Agreement to do so on behalf of the governing bodies. VIII. EARLY TERMINATION In addition to the provisions in Article II, either party may terminate this Agreement by giving 30 days' prior written notice to the other party. In the event the Agreement is terminated prior to the end of the term year,the compensation provided in Section V. C. shall be prorated to the date of termination. The DISTRICT may require the CITY to reassign the Officer to other duties during the 30-day termination notice period. IX.NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when(1)hand-delivered to the other party, do the designated person listed below; (2) received by the other party by United States Mail, registered, return receipt requested; or (3) by overnight courier service such as FedEx or UPS, addressed as follows: CITY DISTRICT Attn: Bruno Rumbelow Attn: Dr. Robin Ryan City Manager Superintendent of Schools City of Grapevine Grapevine-Colleyville ISD 200 South Main Street 3051 Ira E. Woods Ave Grapevine,Texas 76051 Grapevine,Texas 76051 X. EFFECTIVE DATE This Agreement will be effective on the date it is signed by both parties. -4- EXECUTED this day of ,2017. City of Grapevine By: Name: Title: BY: Name: Title: Approved as to form: City's Attorney —__— EXECUTED this �RA41"day of ,2017. Grapevine-Colic ISD ` _ Name: crrr d.0 Title A+,es,d-ahs,— Approved as to form: District's Attorney 656968 1 -5-