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HomeMy WebLinkAbout09(A) - Resolution Approving the Cancellation of the Joint Powers Agreement for School Resource Officer with ISD719, Prior Lake Savage Area Schools ReportO� PRio✓., ,.,,,, < t t, u"11iii.ii�t!'J CITY COUNCIL AGENDA REPORT ITEM: 9A ¾/.iVNESO'\� MEETING DATE: PREPARED BY: PRESENTED BY: AGENDA ITEM: September 06, 2023 Jason Wedel, City Manager Jason Wedel Resolution Approving the Cancellation of the Joint Powers Agreement for School Resource Officer with ISD719, Prior Lake Savage Area Schools RECOMMENDED ACTION: Adopt a resolution cancelling the current joint powers agreement for School Resource Officer with ISO 719, Prior Lake Savage Area Schools BACKGROUND: The City has a long history of providing School Resource Officer (SRO) services to Twin Oaks Middle School, Hidden Oaks Middle School, and Bridges Area Learning Center. On September 7, 2021, the City Council approved an updated joint powers agreement for School Resource Officer with ISO 719, Prior Lake Savage Area Schools for a three year period beginning with the 2021 /2022 school year and continuing through the 2023/2024 school year and expires on August 1, 2024. The agreement also automatically renews for consecutive 5-year terms after the 2024 expiration date unless revised by mutual consent or terminated. During the most recent State legislative session that concluded earlier this year a new law was enacted that impacts how SROs are able to conduct their duties. These new restrictions were part of HF2497 and SF2684 that ultimately were signed into law as part of Session Law Chapter 55.Use of force by SROs or agents of the school district now have limitation on when the use of force toward students may be used including the use of prone and compressive restraints. This law applies only to public schools and only to officers that are contracted SROs with the school district. It does not apply to other sworn officers that are not contracted with the school district. This has raised concerns by law enforcement officials across the state. The Minnesota Police Chiefs Association issued a letter to Governor Walz on August 14, 2023 requesting clarification and asked that this new law be put on hold until their concerns could be addressed. Subsequently, Attorney General Keith Ellison issued an opinion (AGO) on the law which affirmed that use of force could be used by an SRO only when bodily harm or death is imminent. The AGO did not address use of force for any other criminal activities such as destruction of property or dealing drugs nor did it address use of force during extracurricular activities such as football games. As the law currently exists it creates a different standard for how an SRO can perform their duties compared to any other sworn officer within the department. This standard is contrary to the SROs training and education and creates a double standard that puts our officers at risk of being prosecuted and prevents them from intervening in situations where they are trained to act. We have had several meetings recently with Superintendent Dr. Michael Thomas and his staff as well as the Savage Police Department as they provide SRO services to the school district as well. All of our organizations see the value in our SROs being on campus and working with students City of Prior Lake 14646 Dakota Street SE I Prior Lake MN 55372 Item 9A Page 12 and staff, so making a decision to pause those services is not taken lightly. However, we understand the difficulty this new law has put us in and the need to take this step. In reviewing this with our City Attorney this is the best option for avoiding exposure and limiting liability to our SRO and the City. Conversations are continuing at the state level, so we are hopeful that this matter can be addressed quickly. If that is the case, we would bring back a new joint powers agreement for consideration. However, if it ulitmately requires action during the 2024 legislative session that begins in February, there may not be a remedy during the current school year. In the meantime, our police department will continue to work with the schools to provide services. Conversations are ongoing with the school district to confirm how our police department will support them during this interim time period. FINANCIAL IMPACT: The current joint powers agreement includes a payment from the school district to the city in the amount of $67,350 for the 2023/2024 school year. Cancellation of the joint powers agreement would eliminate this payment. ALTERNATIVES: 1.Motion and second to approve the cancellation of the Joint Powers Agreement with the Prior Lake Savage Area Schools for School Resource Officer services. 2. Motion and second to deny the cancellation of the Joint Powers Agreement with the Prior Lake Savage Area Schools for School Resource Officer services. ATTACHMENTS: 1.Resolution 2.Joint Powers Agreement 4646 Dakota Street SE Prior Lake. MN 55372 RESOLUTION 23- A RESOLUTION APPROVING THE CANCELLATION OF THE JOINT POWERS AGREEMENT FOR SCHOOL RESOURCE OFFICER Motion By: Second By: WHEREAS, the City of Prior Lake and Independent School District 719 , Prior Lake Savage Area Schools have a long history of collaboration ; and WHEREAS, both parties agree that the School Resource Officer (SRO) program in the middle schools and Bridges Area Learning Center has been mutually beneficially ; and WHEREAS, the passage of Session Law Chapter 55 by the State legislature in 2023 places new limitations on how agents of a school district , including School Resource Officers, may operate ; and WHEREAS, these limitations create a different standard for how an SRO can perform their duties compared to any other sworn officer within the Police Department; and WHEREAS, the best option for avoiding exposure and limiting liability to first our SRO and second to the City it is necessary to cancel the joint powers agreement with the school district. NOW THEREFORE , BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows : 1. The recitals set forth above are incorporated herein. 2 . The Mayor and City Manager are hereby authorized to execute a cancellation of the Joint Powers Agreement on behalf of the City . PASSED AND ADOPTED THIS 6th DAY OF SEPTEMBER 2023. VOTE Briggs Braid Burkart Churchill Lake Aye □ □ □ □ □ Nay □ □ □ □ □ Abstain □ □ □ □ □ Absent □ □ □ □ □ Jason Wedel , City Manager JOIN T PO W ERS AGREE MENT THIS JOINT POWERS AGREEMENT ("Agreement") has been entered into as of the __!:]_ day of ~pKW1 b?f 2021, by and between the City of Prior Lake, a Minnesota Municipal Corporation and political subdivision of the State of Minnesota ("City"), and Independent School District No. 719 ("School District"), pursuant to Minnesota Statutes Section 4 71.59 . 1. PURPOSE . The purpose of this Agreement is to create , fund, and implement the position of Youth Relations Officer/School Resource Officer ("Officer"). 2. JOB DESCRIPTION. The Officer will be assigned by the City . The Officer will report to and be directed by the Chief of Po lice for the City, but will consult regularly with the School District. A representative of the Schoo l District may take part in the interview for the position . The Office r shall be assigned to Pr ior Lake Middle Schools and Bridges Area Learning Center during those times in which students are in attendance as part of the standard daily curriculum three days per week during the regular school year. The School District and the City of Prior Lake will agree upon the three days the officer will be in attendance at the schools . 3. FUNDING. The School District shall reimburse one-half of the costs incurred by the C ity to employ the Officer including costs for wages and benefits during the regular school year (approximately 9 months), plus associated squad costs. The payment schedule for re imbursement to the City shall be as follows : 2021/2022 School Year -$61,300 2022/2023 School Year-$65,010 2023/2024 School Year -$67,350 For every school year thereafter, the reimbursement amount shall increase by 3 .6 percent each year. 4. BILLING . The City shall invoice the School District on January 1, 2021 for the 2021/2022 school year and annually each year thereafter on January 1 for the current school year. The School District shall pay all such invoices within 30 days of receipt. 5. TERM . This Agreement shall commence on September 15 , 2021 and shall expire on August 1, 2024. This Agreement shall automatically renew for consecutive 5-year terms until revised by mutual consent or terminated by either party upon 180 days' advance written notice. 6. CITY OF PRIOR LAKE EMPLOYEE . The Officer is a City employee and shall not be considered an emp loyee of the School District for any purpose , including , but not limited to salaries , wages, other compensation or fringe benefits, workers' compensation , unemployment compensation, PERA , FICA , liability insurance, keeping of personnel records , terminat ion of employment, individual contracts or other contractual rights. 7. PROVISION , OWNERSHIP AND DISTRIBUTION OF PROPERTY AND EQUIPMENT. The School District will provide the Officer a secure furnished office space and telephone at no charge to the City . The City will furnish the Officer necessary law-enforcement equipment at no expense to the School District. Each party hereto shall maintain ownership of all property and equipment provided for and in furtherance of the purpose of this Agreement. At the term ination of this agreement, any property and equipment so provided shall remain the property and equipment of the party supplying or providing the property and equipment. 8. DAMAGE TO PROPERTY OR EQUIPMENT. Each party shall be responsible for damage to or loss of any property or equipment furnished by that party in furtherance of the purpose of this Agreement. Each party waives the right to sue the other party for any damages to or loss of its property or equipment, even if the damages were caused wholly or partially by the negligence of the other party, its officers, agents, or employees. Neither party shall be liable or responsible to the other party for depreciation of any property or equipment. 9. INDEMNIFICATION . Each party shall be liable for its own acts, and those of its respective officers, agents, and employees, to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other party, its officers, agents, and employees against any and all liability, loss , costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers, agents or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, officers or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. No party to this Agreement shall be required to pay on behalf of itself or the other party any amount as indemnification to the party, arising pursuant to this Agreement expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the party required to pay as established in Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the party required to pay. The limits of liability of the parties may not be added together to increase the maximum amount of liability for any party . The intent of this section is to limit each party's obligation to indemnify the other party . In those instances in which a party is directly liable for damages as well as for indemnification to the other party, the combined liability of the party will not exceed the limits of liability under Minnesota Statutes Chapter 466 applicable to the liable party or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the liable party . 10. SEVERABILITY . The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the enforceability and validity of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. 41-6005469 Federal Tax Identification Number INDEPENDENT SCHOOL DISTRICT 719