HomeMy WebLinkAboutRESOLUTION - 55-23 - 10/24/2023 - SCHOOL DISTRICT 59 - SCHOOL RESOURCE OFFICER AGREEMENTRESOLUTION NO. 55-23
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
VILLAGE OF ELK GROVE VILLAGE AND SCHOOL DISTRICT #59
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached documents
marked:
INTERGOVERNMENTAL AGREEMENT PROVIDING FOR
VILLAGE OF ELK GROVE VILLAGE SCHOOL RESOURCE OFFICER
FOR SCHOOL DISTRICT #59
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village
Clerk is authorized to attest said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 2411 day of October 2023
APPROVED this 24t' day of October 2023
A I'l',t2OVEl?
Mayor Craig B. ohnson
Village of Elk grove Village
ATTEST:
L etta M. Murphy, lad Cle
INTERGOVERNMENTAL AGREEMENT PROVIDING FOR VILLAGE OF
ELK GROVE VILLAGE SCHOOL RESOURCE OFFICER
FOR COMMUNITY CONSOLIDATED SCHOOL DISTRICT # 59
THIS AGREEMENT is ENTERED INTO BY AND BETWEEN Community
Consolidated School District #59, Cook County, Illinois (hereinafter called "District 59" or
"School District") and the Village of Elk Grove Village, a body corporate and politic (hereinafter
called "Village").
WITNESSETH:
WHEREAS, District 59 desires to have a Village of Elk Grove Village School Resource
Officer (S.R.O.) detailed to Grove Junior High School and other Elk Grove Village District 59
schools (to be determined), on a contract basis; and
WHEREAS, the Village is willing to provide such an officer in exchange for the payment
referenced in this Agreement; and
WHEREAS, both the 1970 Illinois Constitution, (Article VII, Section 10) and the
Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq (1992) authorizes and encourages
intergovernmental cooperation; and
WHEREAS, both the Village and District 59 are interested in promoting the safety and
security of the staff, students, and school premises in District 59.
NOW, THEREFORE, in consideration of the premises, covenants, terms, and conditions
set forth in this Agreement, the parties hereto agree as follows:
SECTION 1. Incorporation of Recitals
The foregoing recitals are incorporated into and made a part of this Agreement as if fully
set forth herein.
SECTION 2. Obligations and Responsibilities of the Village
2.0 Provide Village Police Officers to District 59 for Interview
The Elk Grove Village Police and School District 59 shall collaborate on selecting the
actual Elk Grove Village Police Officer who will be assigned to Grove Junior High and other Elk
Grove Village District 59 schools. The parties acknowledge that officers may change due to
unforeseen circumstances, including promotion, retirement, and similar circumstances, but every
effort shall be made to have the same police officer from August until June of school year. The
Village shall provide the officers with the following qualifications:
Page 1 of 9
State of Illinois Certified Police Officer Juvenile Certification
Minimum 2 years of police service
Trained in gang resistance and alcohol/drug resistance curricula
Verbal, written and interpersonal skills including public speaking
Knowledge of, and experience in, matters involving cultural diversity
Educational background/experience
Must be able to function as a strong role model
2.1 Assignment of Village Police Officer to District 59
Following the selection of the officer, the Village shall assign to District 59 the officer to
act as the S.R.O. on issues of security and community education. However, the Village Police
Officer will remain an employee of the Village and all personnel rules applicable to said Village
Officer shall continue to apply to the officer and the officer will at all times abide by all personnel
rules of the Village of Elk Grove Village and the Rules, Regulations, and General Orders of the
Police Department. The Village represents that the S.R.O. has undergone all requisite background
checks in accordance with Section 10-21.9 of the Illinois School Code, the Illinois State Police
Murderer and Violent Offender Against Youth Registry, Illinois Sex Offender Database, DCFS
Child Abuse and Neglect Tracking System, and Faith's Law, 105 ILCS 5/22-94.
2.2 Duties and Responsibilities of Village Police Officer
The Village Police Officer assigned to District 59 shall have the following duties and
responsibilities:
Educational Responsibilities
Work cooperatively with the school administration and staff to plan and
schedule appropriate lessons in gang/violence, safety, and drug and alcohol resistance education.
2. Teach lessons in gang/violence resistance, safety, and drug and alcohol
resistance to all students.
3. Assist the curriculum department in evaluating curriculum units taught on
gang/violence and drug/alcohol resistance education.
4. Actively participate on the District 59 Drug Advisory Committee,
participate in related district professional learning, and work cooperatively with student services
staff.
5. Provide training for faculty and staff on the role of the police liaison as well
Page 2 of 9
as on topics of interest and importance to the staff related to her/his expertise.
Resource Responsibilities
1. Maintain office hours each day for consultation with students.
2. Work collaboratively with the PTA to arrange and participate in
parent/community education sessions.
3. Interact with students as a positive role model during lunch and study hall
periods.
4. Work collaboratively with administrators and counselors to develop
strategies for dealing with behaviorally at risk students.
5. Establish a working relationship with behaviorally at risk students.
6. Upon request, assist the School District with investigating and responding
to student conduct in violation of the building, the School District Student Handbook, and the
School District behavior policies, including participating in threat assessments and testifying at
suspension review and expulsion hearings.
Security Responsibilities
1. Maintain a high level of visibility during school entrance and dismissal
times as well as during passing periods.
2. Meet with school administrators to advise them of potentially violent
situations and to plan for the safe resolution of those situations.
3. Follow building and district behavior policies, using police authority in
necessary situations.
Body Worn Camera (B WC)
The Elk Grove Village Police Department recognizes that the duties and working
environment for S.R.O.s are unique within law enforcement. It is recognized that S.R.O.s are
required to maintain school safety while keeping the sanctity of the learning environment that the
school provides. S.R.O.s are expected to continuously build trusting relationships with students
and staff. They also have impromptu interventions with students to de-escalate arguments and
conflicts. It is with this understanding that additional restrictions are placed on the S.R.O. when
using BWCs during school hours or events. BWCs shall always be activated when required by
law. The BWC should not be activated when engaged in the following situations:
1. Conversations with students that are not related to a crime.
Page 3 of 9
2. Meetings with staff in reference to delinquent behavior and developing
response plans.
3. Informal relationship building conversations with students and staff.
4. Discussions and presentations for instructional purposes.
It is recognized that S.R.O.s often have conversations with students/staff that are unrelated
to the investigation of a crime and fall under the definition of a community caretaking function. It
is not appropriate to record these conversations as it diminishes the trust between the individual
and the S.R.O..
Body Worn Camera videos shall remain the property of the Elk Grove Village Police
Department.
When interviewing a crime victim or witness of an investigation who is a student, the
S.R.O. shall notify a parent or guardian of the student that the interview shall be or has been
recorded, and document the time and manner of the parental notification, unless emergency or
exigent circumstances require otherwise that prevent such notification. If the S.R.O. has a
reasonable, articulable suspicion that a victim or witness has committed or is in the process of
committing a crime, the S.R.O., unless impractical or impossible, must indicate on the recording
the reason for recording despite the request of the victim or witness and/or the parent/guardian of
the victim or witness not to record the interaction.
The S.R.O. will notify the Superintendent or their designee of any recording made in the
course of his/her duties as S.R.O. Any recording created by a body worn camera is a law
enforcement record, not a school student record. Upon request of the School District, and if not
prohibited by law, the Police Department will provide the School District with copies of any video
of students, parents, employees, or others on school property. A video that is shared with the
School District may become a school student record. The Police Department will comply with all
applicable laws and policies related to the release of video recordings, including but not limited to
the Law Enforcement Officer -Worn Body Camera Act, 50 ILCS 706; the Juvenile Court Act, 705
ILCS 405/1-7; and the Freedom of Information Act, 5 ILCS 140. The Village Police Department
will notify the School District point of contact prior to a student(s) or School District employee.
The Officer shall service District 59 on a full time basis, and shall perform the above
mentioned tasks with due diligence and to the best of her/his ability.
2.3 School District Authority Over Educational Environment
Page 4 of 9
The Parties seek to implement a partnership that creates effective and positive school
student discipline that (a) is part of the School District's larger effort to address school safety and
climate; (b) includes proactive and restorative methods rather than only punitive; and (c) is clear,
consistent, and equitable.
The Village recognizes the responsibility and authority of the School District to manage
the educational environment. Both Parties recognize that disciplining students for violations of the
Student Code of Conduct is appropriate for the School District to manage.
SECTION 3. Obligations and Responsibilities of District 59
District 59 will reimburse the Village for 9/12 of the cost of a Police Officer according to
the following formula, attached hereto and marked Appendix A, which may be reviewed, modified
and/or changed on an annual basis. For purposes of reimbursement of cost, District 59 shall abide
by the terms of the Collective Bargaining Agreement between the Village of Elk Grove Village
and Chapter 141 of The Metropolitan Alliance of Police.
SECTION 4. Term
This agreement shall commence on the date of execution of this Agreement and continue
in full force and effect up to and including July 31, 2024, and thereafter shall be automatically
renewed on an annual basis subject to the reimbursement provisions of Section 3 above. Either
party may terminate this Agreement at any time during the term by providing the other party
thirty (30) days prior written notice of such termination. In addition, the parties may terminate
this Agreement by mutual consent and agreement.
SECTION 5. Liability. Responsibility, and Authority
District 59 shall and hereby does indemnify and hold harmless the Village of Elk Grove
Village and its officers or employees against any claims, demands, costs and expenses including
reasonable attorney's fees for the defense thereof, arising from or in connection with the activities
contemplated hereunder, provided that said claims, demands, costs and expenses have not been
caused by the negligence or willful and wanton conduct of the Village and its officers or
employees. The Village shall and does hereby indemnify and hold harmless District 59, its
officers, and employees, against any claims, demands, costs and expenses, including reasonable
attorney's fees for the defense thereof, arising from or in connection with the activities
contemplated hereunder, provided that said claims, demands costs and expenses have not been
Page 5 of 9
caused by the negligence or the willful and wanton conduct of District 59 and its officers or
employees.
SECTION 6. Schedule
The Parties agree that the S.R.O. shall be assigned to work according to the School District
calendar. The School District retains the right to request the S.R.O. work extracurricular activities
occurring outside of regular school hours. If the School District requests the S.R.O. to work hours
beyond the typical school day, the School District will provide advance notice and pay the S.R.O.
pursuant to their hourly rate.
SECTION 7. Reciprocal Reporting & Record Management
The Village and the School District shall share information as obligated and/or restricted
by law, including without limitation Sections 10 20.14 (105 ILCS 5/10-20.14) and 22-20 (105
ILCS 5/22-20) of the School Code of Illinois, as amended, and Sections 1-7 (705 ILCS 405/1-7)
and 5-905 (705 ILCS 405/5-905) of the Juvenile Court Act of 1987, as amended, and as set forth
in the Reciprocal Reporting Agreement (if any) between the School District and the Village.
As provided by Section 1-7(a)(8) of the Juvenile Court Act, and except as limited or
prohibited by other laws or administrative regulations, law enforcement officials will share law
enforcement records with School District officials that relate to any offenses or suspected offenses
with respect to a minor enrolled in one of the School District's schools who is the subject of an
ongoing investigation directly related to school safety or who has been taken into custody or
arrested when police officials believe that there is an imminent threat of physical harm to students,
school personnel, or others who are present in the school or on school grounds and sharing the
information will not (i) create a threat of harm to any person, (ii) jeopardize a pending or actually
and reasonably contemplated investigation, (iii) interfere with a pending or contemplated law
enforcement, administrative, or judicial proceeding; (iv) create a substantial likelihood that a
person would be deprived of a fair trial or impartial hearing; (v) disclose unique or specialized
investigative techniques; (vi) or cause an unnecessary invasion of a person's privacy.
For purposes of the Illinois School Student Records Act, 105 ILCS 10/, and the Family
Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232(g), the S.R.O. shall be considered a
school official and agent of the School District. As such, the S.R.O. shall have access to student
records only as necessary for the fulfillment of his/her duties as prescribed in this Agreement. The
S.R.O. shall keep all student records confidential except if disclosure is required by law. The
Page 6 of 9
S.R.O. shall disclose student records only in circumstances and in a manner authorized by State
and federal law.
SECTION 8. General Provisions
8.0 Amendment to the Contract
Any terms or conditions of this agreement may be deleted or altered only by written agreement to
this Agreement, duly executed by the Village and District 59.
8.1 Good Faith
Both the Village and District 59 have an obligation to perform their duties under this Agreement
in good faith.
8.2 Sevcrabi 1 ity
If any provision of this Agreement shall be held or deemed to be, or shall in fact be inoperative or
unenforceable in any particular case or in all cases for any reason, this shall not render the provision
in question inoperative or unenforceable in any other case or circumstances, or render any other
provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The
invalidity of any one or more phrases, sentences, clauses, or sections contained in the Agreement
shall not affect the remaining portions of the Agreement or any part thereof.
8.3 Interpretation
Any headings of the Agreement are for convenience of reference only and do not define or limit
the provisions thereof. Words of gender shall be deemed and construed to include correlative
words of other genders. Words importing the singular shall include the plural and vice versa, unless
the context shall otherwise indicate. All references to any such person or entity shall be deemed to
include any person or entity succeeding to the rights, duties, and obligations of such person or
entity succeeding to the rights, duties and obligations of such person or entity in accordance with
the terms and conditions of the Agreement.
8.4 Assigmnent/Binding Effect
Neither parry hereto may assign their respective rights and duties hereunder except upon prior
written consent of the other party. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective assigns, legal representative and successors in interest.
8.5 Waiver of Breach
If either party waives a breach of any provision of this Agreement by the other party, that waiver
will not operate or be construed as a waiver of any subsequent breach by either party or prevent
Page 7 of 9
either party from enforcing such provisions.
8.6 Merger Clause - Amendment
This Agreement sets forth all of the entire understanding of the parties relative to the subject hereof
and supersedes any and all prior agreements, express or implied, oral, or written. No amendment
or modification of this Agreement shall be effective unless reduced to writing and executed by the
parties.
8.7 Counterparts
This Agreement may be executed in several counterparts each of which shall be an original and all
of which shall constitute but one and the same instrument.
8.8 Compliance with All Laws
The Village and District 59 shall at all times observe and comply with the laws, ordinances,
regulations, and codes of Federal, State, County, and other local government agencies, which may
in any manner affect the performance of this agreement.
8.9 GoveraingL
This Agreement shall be governed by and construed in accordance with the laws of the State of
Illinois and applicable federal law. Venue shall only be proper in a court of competent jurisdiction
located within the County of Cook, Illinois.
8.10 Disclaimer of Relationshi
Nothing contained in this Agreement, nor any act of the Village or District 59, respectively, shall
be deemed or construed by any of the parties hereto or by third persons, to create any relationship
of a third -party beneficiary, principal, agent, limited or general partnership, joint venture, or any
association or relationship involving the Village or District 59, respectively.
8.11 Notice
Any and all communications regarding the terms of this Agreement shall be in writing and sent by
registered or certified mail and addressed, if to District 59, to Superintendent of Schools,
Community Consolidated School District 59, 1001 Leicester Road, Elk Grove Village, Illinois
60007; if to the Village, to the Village Manager, Village of Elk Grove Village, 901 Wellington,
Elk Grove Village, Illinois 60007. Notice shall be effective at dispatch. Notice as provided herein
does not waive service of summons or process.
Page 8 of 9
IN WITNESS WHEREOF, the Village and District 59 have executed this Agreement on the
—__— day of October, 2023.
[Intentionally blank — signature pages follow]
Page 9 of 9
SIGNATURE PAGE: VILLAGE OF ELK GROVE VILLAGE
VILLAGE Or,,N4mK GROVE VILLAGE
By:
Cr ' oI san, Villab�Pr dent ��(,l��i�i/
ATTEST:
By: 1.
IA- tta M. Murphy
Paae 10 of
SIGNATURE PAGE: COMMUNITY CONSOLIDATED SCHOOL DISTRICT # 59
COMMUNITY CONSOLIDATED SCHOOL DISTRICT #59
ATTEST:
By:
, Board of Education
Page 11 of
Appendix A
2023-2024 School Year
Elk Grove Village Police Officer Billing Rate for School Resource Officer
SD 59
TOTAL COST
9/12 COST
ITEM
COST
2023-2024
Salary
per union contract
$ 112,349
$ 84,262
Longevity
per union contract
$ 1,475
$ 1,106
Firearms Certification
per union contract
$ 2,125
$ 1,594
Medicare Tax
1.45%
$ 1,629
$ 1,222
Pension
Normal Cost of Actuary Report, 26.22%
$ 23,192
$ 17,394
Medical
Per HR Worksheet
$ 26,829
$ 20,122
Dental
Per HR Worksheet
$ 1,332
$ 999
Life
Per HR (.112 per thousand mo.)
$ 94
$ 71
Work Comp
Budget / #EE
$ 1,429
$ 1,071
Clothing Allowance
per union contract
$ 700.00
$ 525.00
ANNUAL COST
$ 171,154
$128,366
Page 12 of