HomeMy WebLinkAbout8.1 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN SCHOOL DISTRICT 59 (D59) AND THE VILLAGE OF MOUNT PROSPECTM+awn �'xyt�lts�=e
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Subject A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN SCHOOL
DISTRICT 59 (D59) AND THE VILLAGE OF MOUNT PROSPECT
Meeting July 9, 2024 - /COMMITTEE OF THE WHOLE OF THE MOUNT
PROSPECT VILLAGE BOARD
Fiscal Impact (Y/N)
Dollar Amount
Budget Source
Category NEW BUSINESS
Type Action Item
Information
Officials from School District 59 (D59) approached the Police Department and initiated
discussions about the possibility of adding a School Resource Officer (SRO) to Holmes Junior
High last year. D59 staff indicated they were exploring the option of adding SROs to all three
of their junior highs, which are located in Mount Prospect, Elk Grove, and Des Plaines at the
discretion of the School Board. D59 envisioned this SRO position stationed at Holmes Junior
High. The SRO would also support the three D59 elementary schools in Mount Prospect -
Forest View, John Jay, and Robert Frost. D59 added a School Resource Officer to Grove Junior
High School in Elk Grove Village. This position at Grove Junior High School is staffed by an Elk
Grove Village Police Officer.
DiScuSSien
The Police Department, Village Manager's Office, and Finance Department have worked closely
with D59's Leadership Team, and we have come up with a proposed Intergovernmental
Agreement (IGA). This proposed IGA was recently presented to the D59 School Board, where
it was voted on and approved. If approved by our Village Board, staff would be ready to
assign an SRO to Holmes Junior High this August. This would be the Police Department's
second School Resource Officer. The Police Department currently has a School Resource
Officer with District 214 at Prospect High School.
The proposed IGA requires D59 to reimburse the Village for 9/12ths (or 3/4) of the cost of a
police officer per year based on a formula included in the IGA. The annual cost to D59 will
include the police officer's salary, medical benefits, pension contributions, and Medicare costs.
The current allocation is $205,799. D59 would be responsible for reimbursing the Village for
75% of the $154,349.25 cost for the first year. The Village would provide D59 with updated
personnel costs, to reflect current values each year after. This IGA is very similar to the IGA
that D59 and the Elk Grove Village Police Department have in place.
The Police Department would be looking to increase our total number of police officers by one
with the proposed IGA, offsetting the police officer assigned to Holmes Junior High for nine
months per year. We are currently budgeted for 89 officers and this increase would bring our
count up to 90. Director of Finance Amit Thakkar will be submitting a budget amendment
proposal at the July 9th Village Board meeting, which will include the increase of police staffing
by one officer, as a result of this IGA with D59.
Alternatives
1. Adopt a resolution authorizing the execution of an IGA between D59 and the Village of
Mount Prospect
2. Action at the Discretion of the Village Board
Staff Recommendation
Staff recommends for the Village Board to approve the IGA with D59.
Attachments
1. District 59 IGA
2. Resolution IGA between VOMP and D 59
INTERGOVERNMENTAL AGREEMENT PROVIDING FOR VILLAGE OF
MOUNT PROSPECT 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 Mount Prospect, a body corporate and politic (hereinafter
called "Village").
WITNESSETH:
WHEREAS, District 59 desires to have a Village of Mount Prospect School Resource
Officer (S.R.O.) detailed to Holmes Junior High School and other Mount Prospect 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 V" l g Pol ice ( i , e . o District 59 lor I ii tervi ,��
The Mount Prospect Police and School District 59 shall collaborate on selecting the
actual Mount Prospect Police Officer who will be assigned to Holmes Junior High and other
Mount Prospect 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:
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 Assi niment of Vil lage Police Q icer 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 Mount Prospect 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 RestionsibiIities of Village Police Officer
The Village Police Officer assigned to District 59 shall have the following duties and
responsibilities:
lxii,teational lees onsibilities
1. 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 as on
topics of interest and importance to the staff related to her/his expertise.
Resource Res a(» isibilities
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 Rw )c)ns°bili ies
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 'BWC
The Mount Prospect 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:
I . Conversations with students that are not related to a crime.
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 Mount Prospect 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 the release of body
worn camera video depicting a student(s) or School District employee.
The Officer shall service District 59 on a fulltime basis and shall perfonn the above
mentioned tasks with due diligence and to the best of her/his ability.
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 rations 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 Mount
Prospect and Chapter # 84 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, 2025, 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.L,iabilitN,11a
District 59 shall and hereby does indemnify and hold hannless the Village of Mount
Prospect 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 nrnvidf-d teat cairn cdnin-IQ rianianAc rnctc Q-A -..v.-- 1. 1-
not been 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. The
following extracurricular events, or an alternative agreed upon schedule of extracurricular
activities totaling up to 28 hours of work will be included in the payment outlined in this
Agreement at no additional cost to the School District.
I . Welcome back to school events
2. Parent teacher conferences
3. Curriculum night
4. High -attendance athletic events
5. Dances
6. Graduation ceremony
SECTION 7. Rgeil2roul Rgoorting & 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 reasonablv contemplated investieation. (iii) interfere with a nendinu nr
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 ILLS 10/, and the Family
Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232(8), 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
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 Aingridnient to e Contrget
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 Severability
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
Neither party 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` I r. ach
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
either party from enforcing such provisions.
8.6 Meiver 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 Com liance 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 Governing Law
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 ot" l elationshi p
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 anv association or relation.-dhin invnlvino the Vdiwy., nr T:;ctr;r t r%o ,•A�„A t;.,oi,
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 Mount Prospect, 50 S. Emerson St,
Mount Prospect, Illinois 60056. Notice shall be effective at dispatch. Notice as provided herein
does not waive service of summons or process.
IN WITNESS WHEREOF, the Village and District 59 have executed this Agreement on the
day of _, 2024.
[Intentionally blank — signature pages follow]
SIGNATURE PAGE: VILLAGE OF Mount Prospect
VILLAGE OF Mount Prospect
Paul Wm. Hoefert, Mayor
ATTEST:
Karen Agoranos, Village Clerk
SIGNATURE PAGE: COMMUNITY CONSOLIDATED SCHOOL DISTRICT # 59
COMMUNITY CONSOLIDATED SCHOOL DISTRICT 959
By.
TR Jolmsorl, President of The Board of Education
ATTEST:
Icy
l ert 4micilla. Secretary of The Board of Education
Appendix A
2024-2025 School Year
Mount Prospect Police Officer Billing Rate for School Resource Officer
SD 59
TOTAL COST
9/12 COST
ITEM
COST
2024-2025
Salary
$112,737
$112,737
$84,552.75
Medical Benefits
$26,040
$26,040
$19,530.00
Pension Costs
$65,387
$65,387
$49,040.25
Medicare Costs
$1,635
$1,635
$1,226.25
$205,799
$154,349.25
11
Y01i1 (i]0006J
A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN SCHOOL DISTRICT 59 (11359) AND
THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the Village of Mount Prospect and School District 59 have expressed a desire to
enter into a partnership that provides for a School Resource Officer (SRO) at Holmes Junior
High School; and
WHEREAS, the Intergovernmental Agreement being the subject of this Resolution will provide
for a Mount Prospect Police Officer to be located within the Holmes Junior High School for the
purposes of working with the School faculty and students to improve the overall learning
environment at the School; serve as a positive role model for students; and work with students,
both individually and collectively, to assist them in becoming good citizens; and
WHEREAS, the terms and conditions of this partnership between the Village of Mount Prospect
and School District 59 (D59), including cost-sharing are enumerated in an Intergovernmental
Agreement to be executed by and between the parties.
NOW THEREFORE BE IT ORDAINED/ RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Board of Trustees do hereby authorize the Village of Mount Prospect to
enter into an Intergovernmental Agreement with School District 59 for a School Resource
Officer to be housed within Holmes Junior High School, set forth in the Intergovernmental
Agreement, a copy of which is attached hereto and made part of this Resolution as Exhibit A.
SECTION TWO: That the Mayor is authorized to sign the agreement and the Village Clerk to
attest.
SECTION THREE: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 91" day of July 2024.
Paul Wm. Hoefert Mayor
ATTEST:
Karen M. Agoranos, Village Clerk