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23-1116ORDINANCE NO. 23-1116 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AN INTERLOCAL AGREEMENT IN THE FORM OF A MEMORANDUM OFUNDERSTANDING BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT (DISD), FOR REIMBURSEMENT TO THE CITY INTHE ESTIMATED AMOUNT OF $862,145 FOR COMPENSATION AND BENEFITS OF STUDENT RESOURCE OFFICERS (SROs) ASSIGNED AT DISD FOR THE PERIOD OFJULY 1, 2023, THROUGH JUNE 30, 2024, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") and the Denton Independent School District ("DISD")desire to enter into an agreement to provide Student Resource Officers; and WHEREAS, the mission of the SRO Program is the reduction and prevention of school related crime committed by juveniles and young adults, while providing safety and security for the students, faculty and staff; and WHEREAS, for the 2023-2024 academic year, DISD has agreed to reimburse the City for the annual salary and fringe benefits of one (1) Police Lieutenant at a rate of one hundred (100) percent and nine (9) Student Resource Officers at a rate of fifty (50) percent, effective July 1, 2023, throughJune 30, 2024. WHEREAS, the City and DISD, parties hereto agree and by the execution hereof are bound to the mutual obligations outlined in the Interlocal Cooperation Agreement memorialized in the form of a Memorandum of Understanding ("MOU") attached hereto and made a part hereof by reference;and WHEREAS, the City Council of the City of Denton hereby finds that the MOU between the City and DISD serves a municipal and public purpose, is in the public interest, and of a benefit to the citizens of the City of Denton; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference SECTION 2: That the City Manager, or her designee, is hereby authorized to execute the MOU with the DISD to carry out the duties and responsibilities of the City under the MOU, which is attached hereto as Exhibit "A" and made a part hereof for all purposes. SECTION 3: That all prior actions taken by the City in furtherance of this MOU are herebyratified. SECTION 4: That this Ordinance shall become effective immediately upon its passage and approval. s e c o n d = h;y rr1 mm;st: atE s E r da : : the following vote [L - A Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: b/ \/ 1/r IZ,/ PASSED AND APPROVED this the day of 2023 UDSPETH, MAYOR ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY ,all IIIIIIIF APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY I ;t?IT I ,*: #=Z-// 4 EXHIBIT “A” MEMORANDUM OF UNDERSTANDING (MOU) This Memorandum of Understanding (MOU) is between Dehton Independent School District (hereinafter -DISD”) and the City of Denton, a Texas home rule municipalcorporation (hereinafter “City”). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the participating entities listed above. This MOUconstitutes an InteHocal Agreement pursuant to Chapter 791 of the Texas Local Government Code. to assist the Parties with performing their governmental functions.Any costs associated from this MOU shall be made from current revenues then availableto each Party.I I I ! tI i I I. Purpose This MOU establishes and delineates the mission of the Student Resource Officer Program, herein referred to as the SRO Program, as a joint cooperative effort, wherebythe City hereby wishes to provide one or more Student Resource Officers for the SRO Program, and DISD wishes to share the costs of the City's providing Student ResourceOfficers. Additionally, the MOU formalizes relationships between the participating entitiesto provide a “student centric" approach towards building a positive relationship between police officers and students. I II. Mission The mission of the SRO program is to create and maintain a safe, secure, and orderlylearning environment for students, school officials, teachers, and staff. The SROs willestablish trusted communication between students. parents, teachers, and school officials. SROs will serve as positive role models to instill good moral standards, judgment and discretion. respect for others, and a sincere concern for the school community. SROs will promote awareness of the law to enable students to become better informed and effective citizens, while empowering students with the knowledge of law enforcementefForts and obligations, as well as consequences for violating the law. SROs will serveas a resource for students, school officials, and parents and will provide information on available community resources. The following goals are established to accomplish thismission Page 1 of 7 III. SRO Program Goals The following goals are established to accomplish the mission of the SRO Program: 1) Promote a safe environment for students, faculty, and staff. 2) Reduce criminal offenses committed by juveniles or young adults by utilizing bothproactive and reactive law enforcement measures. 3) Establish a positive approach with students, faculty, administrative staff, and parents. IV. Organizational Structure A. Composition The SRO program will consist of full-time Denton Police Department (DPD) personnelwho are certified peace officers for the State of Texas and meet all requirements as set forth by DPD General Orders. SROs will be assigned to the following schools: • • • • • • Denton High School Ryan High School Guyer High School Calhoun Middle School Strickland Middle School McMath Middle School B. Operational Procedures The daily operation and administrative control of the SRO Program is the responsibility ofDPD. Responsibility for the conduct of SROs. both personally and professionally,remains with the DPD. The department shall retain supervision of SROs to oversee the SRO Program. C. SRO Duties SROs. first and foremost. are Law Enforcement Officers. SROs are responsible for carTying out all duties and responsibilities of a police officer and shall at all times, throughthe chain of command, remain under the exclusive control of DPD. SROs are enforcement officers in regard to CRIMINAL matters only. SROs shall not enforce any “school or house rule,” as they are not school disciplinarians and should not assume thisrole. SROs will not become involved in administrative matters of the DISD which are notcriminal matters. SROs are to be used as a law enforcement resource to assist students, Page 2 of 7 faculty, staff, and all persons involved with the DISD. SROs may be called upon to teacha variety of law enforcement related subjects to students, school staff, and officials.Teaching is not only a formal opportunity to educate the campus population, but also another method to build rapport with students, school staff, and ofFicials. DPD SROs responsibilities will include, but not limited to: 1 ) Enforcing criminal law and protecting the students, staff, and public at large againstcriminal activity, and taking enforcement action on criminal matters when appropriate; 2) Taking initial reports of crimes committed on campus and, if practical, investigatingthese crimes amording to the case clearance criteria of DPD; 3) Providing information concerning law enforcement topics to students, schoolofficials and staff; 4) Providing mentoring/coaching on a limited basis, to students, school officials, andstaff 5) As time allows, presenting information in the classroom on a variety of topics including, but not limited to, narootics, personal safety, criminal law, leadership andlife skills; and 6) Assisting staff with unusual or temporary problems related to law enforcementmatters which may require SROs on occasion to be assigned to monitor halls,buses, lunchroom, etc. on the school campus, but at no time wiN an SRO beregularly assigned to monitor such areas. D. Supervisor Duties The Parties desire to create a Supervisor position, at the level of Lieutenant for DPD, whowill provide supervisory duties for DPD SROs assigned to the DISD and provide safety coordination for DISD. This position shall work solely with DISD, except during timeswhen DPD emergencies require the Supervisor's presence. The Supervisor position shall be a Full-Time Employee of the Denton Police Department,and DISD shall reimburse the City of Denton at a rate of one hundred (100) percent forthe salary and benefits of this position. The duties of the Lieutenant position include the following: 1) Complete State Required District Safety Audits; 2) Act as a liaison and District Representative between the school district and lawenforcement agencies; Page 3 of 7 3) Ensure that SROs assigned to the DISD remain up to date in state trainingexpectations; 4) Direct community safety and police activities at DISD extracurricular events; 5) Ensure that campus safety plans are up to date and in oompliance with state expectations; and 6) Act as a liaison during assessments between the campus, school district, and police departments. V. School District Responsibilities DISD shall provide the Lieutenant and the SRO of each campus with the followingfacilities and materials deemed necessary to the performance of the Lieutenant andSRO’s duties: 1) An air conditioned and propedy lighted, private ofFice, which may be used forgeneral business purposes, located as close as possible to the main entrance ofthe school 2) A desk with drawers, chair, and a locking filing cabinet 3) A computer and printer A. Reimbursement Effective July 1, 2023, through June 30, 2024, DISD agrees to reimburse the City ofDenton for the annual salary and fringe benefits at a rate of fifty (50) percent for nine (9) SROs and at a rate of one (100) hundred percent for one (1) the Lieutenant supervisorposition. Reimbursement of the SRO’s and Lieutenant's annual salary is inclusive of anyovertime. longevity pay, assignment pay, certification pay, holiday pay, and any other payeach assigned SRO or Supervisor may be eligible to receive under the Meet and Confer Agreement between the City of Denton and the Denton Police Officers Association and/orunder Chapter 143 of the Texas Local Govemment Code for SROs assigned to thefollowing campuses: Denton High School • e • • • Ryan High School Guyer High School Calhoun Middle School Strickland Middle School McMath Middle School Page 4 of 7 The amount of reimbursement set forth in Section V Paragraph A of this Memorandum ofUnderstanding shall, effective the date of the execution hereof, be as set forth inAttachment A hereto and made a part of this MOU by reference. The amount of suchreimbursement shall thereafter be adjusted not less frequently than annually in accordance with the setting of annual salary and benefits for the Lieutenant and the SROsby the Denton City Council. VI. Denton PoIIce Department ResponsIbIlities DPD will endeavor to have SRO$ available for duty at their assigned school each day that school is in session dorM the regular school year, except that the Lieutenant shall beavailable year:round. ]#qe jg no-{equirement for DPD to furnish substitute officers on days when th+ a6si8WiRe tar+f@utenant) is absent. DPD ag,ees Gn;aim) ,i f„ ,n m,„i„ ,w,d „ , r„„It of this MOU, ,r,dto submit appro'pJat6 'payroll dQeUmentation with the invoice. All invoices will be due immediately and shouk],bd.paid within thirty (30) days of receipt by DISD. VII. Termination This MOU may be terminated by either party upon thirty (30) days written notice in writingto the other party at the addresses provided below. Further, this MOU will automaticallyterminate in accordance with provision VIII, Timeframe, below. DISD shall be responsiblefor its respective share of the SROs ongoing costs incurred as of the termination date ofthis MOU VIII. Timeframe This MOU will commence on July 1, 2023, and will terminate on June 30, 2024, at the end of the 2023-2024 school year. Agreed to in cooperation with the City of Denton Police Department and the DentonIndependent School District. AUTHORIZED SIGNATURES: _ I( IR (13bateWearmCity of Denton215 E. McKinneyDenton. TX 76201 Page 5 of 7 • HPII[B ie wiB EWon Independent School District1307 N. Locust £ -/3-JOa6Date Denton, TX 76201 ArrEST: Jesus Salazar, Interim City SecretaryCity of Denton , t1111111111D APPROVED AS TO FORM: Mack Reinwand, City AttorneyCity of Denton Page 6 of 7 V Attachment A FY 2023.2024 EstImated DISD Quarterly Billing Plan 2023 2024 FOURTHTHIRDQUARTERQUARTER‘ (Apr, May Jun)(Jan, Feb, Mar) FIRSTQUARTER (Jul, Aug, Sep) SECONDQUARTER (Oct, Nov. Dec) Total $198,280 ;227,841 m8 Note: FY 2023- 2024 estimate includes 50% reimbursement of salary/benefits for nine (9) SROs located atDISD High Schools and Middle Schools, plus 100% reimbursement salary/benefits for one V) PoliceLieutenant. Third quarter reimbursement includes annual cost of living increase per Meet and Confer Agreement. Page 7 of 7