R-21-37VILLAGE OF DEERFIELD
RESOLUTION NO. 2021-
R-21-37
A RESOLUTION APPROVING AN AGREEMENT WITH
DEERFIELD PUBLIC SCHOOLS DISTRICT NO. 109 FOR
RECIPROCAL REPORTING AND A SCHOOL RESOURCE OFFICER
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970;
and
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS, Deerfield Public Schools District No. 109 ("District') operates Kipling
Elementary School, South Park Elementary School, Walden Elementary School, Wilmot
Elementary School, Caruso Middle School, and Shepard Middle School (collectively,
"Schools'), which Schools are located within the Village; and
WHEREAS, the Illinois School Code, Juvenile Court Act, and the Illinois School
Student Records Act authorize the establishment and maintenance of a reciprocal reporting
system between school districts and local law enforcement agencies for sharing information
regarding criminal offenses committed by students (`reciprocal Reporting System'); and
WHEREAS, the District also desires to have a Village police officer assigned to the
Schools on a contract basis to serve as a school resource officer ("SRO'), in order to
facilitate a more personal relationship between law enforcement agents and students, assist
in education ap programs, and promote the safety and security of students, staff, and the
school premises; and
WHEREAS, the Village is willing to provide a .police officer for that purpose in
exchange for reimbursement for some of its costs; and
WHEREAS, the Village and the District desire to enter into an agreement to share
information to enhance public safety in the District' schools and the community, and to
provide an SRO to the District (together, the "Agreement'); and
WHEREAS, the Village Council has determined that it is in the best interests of the
Village and its residents enter into the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals
as its findings, as if fully set forth herein.
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SECTION 2: APPROVAL OF AGREEMENT. The Village Board hereby approves
the Agreement in substantially the form attached to this Resolution as Exhibit A.
SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENTS. The Village
Board hereby authorizes and directs the Village President and the Village Clerk to execute
attest, respectively, on behalf of the Village, the Agreement.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: October 18, 2021
APPROVED: October 19, 2021
RESOLUTION NO: R-21-37
Daniel C. Shapiro, Mayor
ATTEST:
Village derk
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EXHIBIT A
AGREEMENT
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INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL REPORTING, DIGITAL
IMAGE ACCESS. AND SCHOOL RESOURCE OFFICER
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered
into by and between the Deerfield Public Schools District 109 ("District'), and the Village
of Deerfield, a home rule municipal corporation ("Village') (the District and Village are,
collectively, the "Parties'j.
WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the
Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage
intergovernmental cooperation; and
WHEREAS, Section 1-7(A)(8) and 5-905(1)(h) of the Juvenile Court Act, Sections
10-20.14, 10-21.7, 10-27.1A&B and 22-20 of the Illinois School Code, and Section
10/6(a)(6.5) of the Illinois School Student Records Act provide for and authorize agreements
between local law enforcement agencies and school districts for reciprocal reporting of
criminal offenses committed by students; and
WHEREAS, the District operates Kipling Elementary School, South Park Elementary
School, Walden Elementary School, Wilmot Elementary School, Caruso Middle School, and
Shepard Middle School (collectively, "Schools'), which Schools are located within the
Village; and
WHEREAS, the District has installed a digital camera systems at its Schools to
enhance security and safety at the Schools, and the Parties believe that if the Village Police
Department were granted access to the images created by the District's digital camera
systems, the Police Department would be better situated to assist the District in the case of
an emergency situation that endangered students, employees, or District property; and
WHEREAS, the District desires to have a Village police officer assigned to the
Schools on a contract basis to serve as a school resource officer ("SRO'), and the Village
is willing to a provide a police officer for that purpose in exchange for the payment
referenced in this Agreement;
WHEREAS, the Parties believe the SRO will facilitate a more personal relationship
between law enforcement agents and students, assist in educational programs, and
promote the safety and security of students, staff, and the school premises; and
WHEREAS, the District and the Village are desirous of entering into this Agreement
for the purposes of promoting safety, security, and order for the staff, students, and
premises at the District and of establishing a cooperative relationship between the District's
and the Village's law enforcement efforts;
NOW, THEREFORE; in consideration of the mutual promises, covenants and
conditions contained in this Agreement and other good and valuable consideration, the
District and Village agree as follows:
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I. COOPERATION AND AUTHORITY
A. General Cooperation
The Superintendent of the District will provide the Village Police Chief
with a list of administrators ("School Officials') to be contacted as
needed. The list will contain regular and emergency telephone and
mobile numbers (if applicable), and identify which administrators are to
be contacted for various types of problems and the order in which the
administrators are to be contacted. The administrators identified shall
be considered the "Appropriate School Officials" for purposes of § 1-
7(a)(8) of the Juvenile Court Act.
2. The Village Police Chief will provide the Superintendent of the District
with the names and titles of a primary and at least two back up contacts
("Police Officials') responsible for implementing this Agreement. The
officers shall provide their regular and emergency telephone and pager
numbers (if applicable).
3. The Superintendent and Police Chief may, as they deem necessary
and upon written notice, designate different persons to the respective
positions of School Official and Police Official.
4. School Officials and Police Officials will meet to facilitate and review
implementation of this Agreement as often as necessary.
5. Nothing in this Agreement is intended to limit or restrict the duty and
authority of school personnel to request police services for
disturbances or other emergencies occurring in or around any school
building, nor is it intended to limit or restrict the duty or ability of any
person attending or employed by the District to provide information or
otherwise cooperate in law enforcement investigations, including but
not limited to providing witness statements and testimony.
B. District Authority Over the Educational Environment
Collaboration between the District and the Village and respect for the
important role each party plays in connection with our community's
youth are essential to the success of the mission of both Parties.
2. The Village recognizes the responsibility and authority of District
Officials to manage the educational environment.
3. Both Parties recognize that disciplining students for violations of the
Student Code of Conduct is appropriate for District Officials to manage.
4. The District recognizes that discretion regarding whether to investigate
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or charge a student or other individual with an ordinance, criminal, or
traffic violation lies with Police Officials.
5. The Parties seek to implement a partnership that creates effective and
positive school student discipline that (a) is part of the 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.
6. Both Parties understand the privacy protections of federal and state
law in the disclosure of student records. The District may refuse
disclosure requests by Police Officials without a warrant, court order,
or other exception enumerated by the Illinois School Student Records
Act, 105 ILCS 10/1 et seq., and the Family Educational Rights and
Privacy Act, 20 U.S.C. 1232g.
II. RECIPROCAL REPORTING
A. Reporting of Student Criminal Activity
By School Officials to Police Officials
a. School Officials will promptly report to Police Officials any
activity of students who reside and/or attend the Schools, which
arises on school property or at a school -related function, that
involves or is suspected to involve:
Criminal gang activity;
Criminal sexual offenses;
iii. Any violation of Article 24 of the Criminal Code, 720 ILCS
5/24-1 et seq., or weapons such as guns and knives,
explosives, impact devices, or any item used as a
weapon;
iv. Sale of drugs or other intoxicants;
V. Possession of drugs or other intoxicants;
vi. Fights or other violent activity which might reasonably
carry over into the community;
vii. Abuse, neglect, lock -out, and runaway situations;
viii Acts of vandalism;
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ix. Hate crimes;
X. Other activities involving students which threaten the
safety of students or any other person on or off District
property; or
A. Any state or federal crime occurring or which has
occurred on school property or at a school event that
might reasonably carry over into the community.
b Upon receipt of a written complaint from any school personnel,
School Officials shall report all incidents of battery committed
against teachers, teacher personnel, administrative personnel,
educational support personnel, or school employees to Police
Officials. 105 ILCS 5/10-21.7.
C. School Officials will immediately report to Police Officials any
time a report is made that a person with a firearm has been
observed on school grounds. 105 ILCS 5110-27.1A.
d. School Officials will immediately report to Police Officials any
time a report is made of a verified incident involving drugs in the
school or on school owned or leased property, including any
conveyance owned, leased, or used by the school for the
transport of students or school personnel. 105 ILCS 5/10-27.1 B.
e. Where violence or other activity poses an imminent threat to the
safety of students or any other person, the information will be
shared as soon as possible; otherwise, the information will be
shared not later than two business days after the information
becomes known to School Officials.
Information shared under Section II.A.1.a above may be
communicated orally and may also include the disclosure of
student records in accordance with Section 10/6(a)(6.5) of the
Illinois School Student Records Act. All information disclosed
and communications made under this Agreement are therefore
to remain confidential and will not be disclosed to any other
party, except as provided by law or court order. Section
10/6(a)(6.5) of the Illinois School Student Records Act provides
that the District may release school student records or
information to juvenile authorities when necessary for the
discharge of their official duties upon a request for information
prior to adjudication of the student and if certified in writing that
the information will not be disclosed to any other party except
as provided under law or order of court. "Juvenile authorities"
include probation officers, law enforcement officers and
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prosecutors, and others as defined in Section 10/6(a)(6.5) of the
Illinois School Records Act.
2. By Police Officials to School Officials
a. 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, Police Officials will share law enforcement records
with School Officials that relate to the following offenses or
suspected offenses with respect to a minor enrolled in one of
the District's schools 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:
Any violation of Article 24 of the Criminal Code (720
ILCS 5/24 et seq.) (weapons);
A violation of the Illinois Controlled Substances Act (720
ILCS 570/100, et seq.);
iii. A violation of the Cannabis Control Act (720 ILCS
550/1, et seq. );
iv. A forcible felony as defined in Section 2-8 of the
Criminal Code (720 ILCS 5/2-8);
V. A violation of the Methamphetamine Control and
Community Protection Act (720 ILCS 646/1 etseq.);
vi. A violation of Section 1-2 of the Harassing and Obscene
Communications Act (720 ILCS 5/26.5);
vii. A violation of the Hazing Act (720 ILCS 5/12C-50); or
viii. A violation of Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1,
12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 12-7.4, 12-7.5, 25-
1, or 25-5 of the Criminal Code (720 ILCS 5n (bodily
harm and mob action).
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b. 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, Police Officials will share information with School
Officials concerning a minor who is the subject of a current
police investigation that is directly related to school safety
unless Police Officials believe that sharing the information will:
(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. Such information may only be shared
orally. An investigation means an official, systemic inquiry by
Police Officials into actual or suspected criminal activity.
C. Upon request, as provided by 5 ILCS 140/2.15, Police Officials
will share the following arrest and criminal history information
with School Officials that relate to a student enrolled in one of
the District's schools who is 18 years of age or older, unless
Police Officials determine that disclosure would: (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:
name;
information detailing any charges relating to the arrest;
name of the involved officer and agency;
iv. if the student is incarcerated; and
V. if the student is/was incarcerated, whether the student
has been discharged from custody.
d. As required by Section 22-20 of the Illinois School Code, Police
Officials shall report to the District's Principal or designee
whenever a student is detained for proceedings under the
Juvenile Court Act or for any criminal offense or any violation of
a municipal or County ordinance. The report shall include the
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basis for the detention, the circumstances surrounding the
detention, and the status of the proceedings. Police Officials
shall periodically update the report as significant stages of the
proceedings occur and with the disposition of the matter.
B. Confidentiality and Records
Content of Criminal Activity Information. All criminal activity information
shall include the names of all involved persons, including District
students and minors, except in cases where the name of the victim is
protected under the Rights of Crime Victims and Witnesses Act, 725
ILCS 120/1, et seq., as amended, or other applicable law.
2. Confidentiality of Records and Criminal Activity Information. Any law
enforcement and student records subject to disclosure under this
Agreement shall not be disclosed or made available in any form to any
person or agency other than as set forth in this Agreement or as
authorized by law or court order. Police Officials and School Officials
shall develop procedures to ensure such nondisclosure of criminal
activity information. Such procedures shall be designed to also ensure
that any criminal activity information is not available to other
employees, or any persons other than as authorized by this Agreement
or by law.
3. Non -Educational or School Records.
a. School Officials shall follow State and federal laws regarding
student records.
b. All reports and records shared by Police Officials with School
Officials shall be kept in a secure location and shall not be a
public record. Such information shall be kept separate from and
shall not become a part of the student's official school record.
The information shall be used by School Officials solely to aid in
the proper rehabilitation of the student and to protect the safety
of students and employees in the schools.
III. VILLAGE ACCESS TO IMAGES FROM DISTRICT DIGITAL CAMERAS
A. Provision of Digital Camera System Software. The District shall provide the
Village Police Department with the necessary software in order to enable the
Village Police Department to view real time and recorded images created by
the District digital cameras on Village Police Department computers. The
Village shall use reasonable and good faith efforts to enter into any required
software license agreement with the vendor of the software at the Village's
sole cost.
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B. Limited Viewing. Individuals authorized to view images created by the District
digital cameras shall be limited to
1. The Village Police Chief;
2. Village Police Department employees authorized by the Chief or, in the
absence of the Chief, the Chief's designee; and
3. The Village's IT employees and IT contractors authorized by the Chief,
or in the absence of the Chief, the Chief's designee
(collectively, "Authorized Viewers'). The Village shall not permit any
individual, including Authorized Viewers, to view images created by the
District digital cameras on a routine basis. Authorized Viewers shall only view
real time or recorded images created by the District digital cameras when
viewing is:
Necessary or prudent, as determined by the Village, for the Village Police
Department to deter or protect against an imminent and substantial threat
that is likely to result in significant bodily harm or damage to District
property;
2. Necessary or prudent for training purposes, with advance notice of the
date, time, and purpose to the School Principal or designee and written
consent from the School Principal or designee; or
3. Consented to by the District for investigative purposes.
C. Limited Retention. The District's digital images are automatically recorded and
maintained for a limited time period. The Village shall not retain any recordings
beyond the automatic maintenance period unless such images are part of an
active or reasonably contemplated police investigation into actual or
suspected criminal activity. The Village will provide notice to the
Superintendent of such extended maintenance.
D. Freedom of Information Act. If the Village receives a Freedom of Information
Act request for any District digital images, the Village shall immediately notify
the District and work in good faith with the District before responding to the
Freedom of Information Act request.
E. School Student Records.
The images created on the District's digital cameras are created for
security purposes and are therefore not school student records as
defined by Section 2 of the Illinois School Student Record Act, 105
ILCS 10/2, and Section 375.10 of Title 23 of the Illinois Administrative
Regulations, 23 ILADC 375.10. Such images may, however, become
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school student records if subsequently used by the District in a student
disciplinary matter.
2. The District shall notify the Village Police Chief of any recordings that
become school student records. The Village shall, if permitted by law,
erase any images that the Village has retained that have become
school student records, unless such images are part of an active or
reasonably contemplated police investigation into actual or suspected
criminal activity.
3. Any images that the Village maintains that have become school
student records must be kept strictly confidential and only disclosed
a. With prior approval of the Superintendent of the District or the
Superintendent's designee;
b. In the case of an emergency as defined in Section 375.60 of
Title 23 of the Illinois Administrative Regulations, 23 ILADC
375.60; or
C. In good faith consultation with the Superintendent of the District
or the Superintendent's designee and in accordance with the
Illinois School Student Records Act. 105 ILCS 10/6.
IV. THE SCHOOL RESOURCE OFFICER PROGRAM_
A. Selection of the School Resource Officer. The District, through the
Superintendent or designee, and the Village, through the Police Chief or his
designee ("Supervisor's, will work collaboratively to select the SRO. The
District acknowledges and agrees that the Village shall have the sole and
absolute discretion to select and appoint the SRO. The Village will provide
to the District police officers who are in good standing with the Village and
with the following desired qualifications for review, all as determined by the
Village:
Illinois Certified Police Officer with the Village for at least two years;
2. State of Illinois certified juvenile officer;
3. A minimum of 48 hours of National Association of School Resource
Officer (NASRO) training;
4. Willingness to serve as the SRO for four years;
5. Effective oral and written communication skills;
6. Ability to resolve conflict efficiently and effectively;
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7. Excellent problem -solving skills;
8. Sound judgment and decision -making skills;
9. A calm and professional demeanor;
10. Flexible mindset with the ability to interact effectively with school
administration, parents and students;
11. Self-reliance with the ability to work productively with minimal
supervision;
12. Dedication to enhancing a positive relationship between youth,
parents, community, police department and school staff;
13. Positive role model; and
14. Integrity and professionalism.
The Village shall assign the SRO only after receiving input from the
Superintendent or designee and Supervisor.
B. Relationship. The SRO shall remain an employee of the Village and will at
all times abide by all personnel rules of the Village and any applicable
Collective Bargaining Agreement. As an employee of the Village and not the
District, the SRO shall not be entitled to any benefits that the District provides
to its employees. The Village shall be fully responsible to the SRO for the
payment of all employee compensation and benefit obligations, subject to
reimbursement from the District in accordance with Section IV.H of this
Agreement.
C. Surervision. As an employee of the Village, the SRO shall be subject to the
chain of command of the Police Department. When serving in the role of SRO,
he/she shall coordinate and communicate with the Superintendent or the
Superintendent's designee regarding daily activities. In the event the SRO
fails to abide by the terms of this Agreement or perform the duties outlined in
Exhibit A, the Superintendent or designee shall notify the Supervisor of the
specific problems. If the SRO fails to remedy the problems within 15 days of
the date of notification, the Superintendent or designee may request a new
SRO and the Superintendent or his or her designee and the Supervisor
will work cooperatively to resolve the problem, which may include appointing
a new SRO at the discretion of the Village.
D. ScoGe of Duties. The scope of the SRO's duties and responsibilities is set out
in Exhibit A, which may be changed or redefined at any time when agreed
upon in writing by both the Supervisor and the Superintendent or designee
E. Schedule. The SRO shall be assigned to the District and on duty:
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Every school day throughout each regular school year, commencing
prior to the start of the first class period and ending after the last class
period, unless otherwise directed; and
2. During approximately 20 special events per school year, upon the prior
mutual agreement of the Village and the District, which special events
may include, without limitation, extracurricular events and school
dances. Attendance at special events shall paid by the District in
accordance with Section IV.H of this Agreement
F. Summer Duty. If requested by the District and agreed upon by the Village,
the Village shall provide a police officer to serve as an SRO during summer
events. If an SRO serves during summer events, the District shall pay to the
Village for the hours worked by the SRO at an hourly rate to be agreed upon
by the parties. The Parties agree that the officer who works during summer
may be different from the officer who is assigned to work as the SRO during
the regular school year.
G. Evaluation of the Program. Each year, the Superintendent or designee and
Supervisor shall set goals for the program and agree on methods to monitor
progress toward the established goals (e.g. data, surveys). At least once each
year, the Superintendent or designee and Supervisor will meet to evaluate the
Program with respect to the goals and may revise Exhibit A to address the
goals.
H. Cost.
Amount. The District shall pay to the Village 75 percent of the total
salary and costs for all benefits paid by the Village to the SRO or
incurred by the Village as a result of employing the SRO, including,
without limitation, healthcare and pension. benefits, costs for any
overtime duty that is the direct result of the SRO services rendered to
the District, costs related to any Public Safety Employee Benefits Act
benefits, or any other costs for the SRO while the SRO may be out on
medical or other type of approved or required leave. The District
acknowledges that the total wages and benefits paid to the SRO will
be determined by the Village and subject to an annual cost -of -living
adjustment and other increases in each calendar year, in an amount to
be determined by the Village.
2. Training Costs. Upon the prior written approval of the District, which
approval may not be unreasonably withheld, the District shall pay to
the Village one-half of the costs incurred by the Village for training
programs for the SRO in matters directly related to the SRO's duties at
the District, provided that, at minimum, SRO has taken, or is enrolled
in, the training programs necessary to meet the requirements for SRO
training provided in the Illinois School Code, consistent with the
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recommendations issued by the Illinois Law Enforcement Training and
Standards Board. Failure to enroll the SRO in an approved training
program shall result in the Village forfeiting its right to the District's
agreement to pay one-half of the costs incurred by the Village for
training programs for the SRO, as detailed in this section IV.H.2.
3. Invoices. The Village shall issue to the District monthly (12) invoices
for the salary and benefits earned by the SRO, and the District agrees
to pay each invoice in accordance with the Local Government Prompt
Payment Act, 50 1 LCS 505/1 et seq.
4. Grants. The District shall work cooperatively with the Village to pursue
any grant funding that may be available to mitigate the costs of
providing an SRO to the District pursuant to this agreement.
I. Student Records.
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 SRO shall be considered a school official and agent of the
District. As such, the SRO shall have access to student records only
as necessary for the fulfillment of his/her duties as prescribed in this
Agreement. The SRO shall keep all student records confidential except
if disclosure is required by law. The SRO shall disclose student records
only in circumstances and in a manner authorized by State and federal
law.
2. Consistent with Section 10/2(d) of the Illinois School Student Records
Act, reports of the SRO shall be deemed the reports of a law
enforcement professional and shall not be considered a student record.
105 ILCS 10/2(d). For purposes of the Family Educational Rights and
Privacy Act of 1974, 20 U.S.C. 1232(g), the SRO designated to work
with the District pursuant to this Agreement shall be considered a law
enforcement unit of the school such that the records created by SRO
for the purpose of law enforcement shall not be considered educational
records.
J. Body Worn Cameras.
All parties agree that any use of body worn cameras ("BWCs") on
District Property must be subject to and in compliance with federal, state
and local regulations.
2. The Village shall use its best efforts to notify the District at least two
weeks before the SRO begins use of BWCs, and the Village shall
provide written information and training to the District and its
administration regarding the same. The training shall include the
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objectives and procedures for the use of BWCs in public and in schools.
The SRO shall be trained in the operation of the equipment prior to its
use. To maximize the effectiveness of the BWC and the integrity of the
video documentation, the SRO shall adhere to the objectives and
procedures outlined in this Agreement and the Village's written policy
regarding the use of BWCs adopted in accordance with Law
Enforcement Officer -Worn Body Camera Act (50 ILCS 701/10- 1 et
seq. ).
3. The Village may, in its discretion, and if not otherwise prohibited by law,
provide to the District copies of any such filming of students, parents,
employees or others upon school property, upon request for such
copies by the District, as a law enforcement record. In the event that the
Village receives advice that providing a copy of such videos is
prohibited, the Village agrees to utilize reasonable efforts to facilitate
the availability of its officer(s) that made the video to testify, upon
request by the District, in any school disciplinary hearing concerning
his/her/their knowledge of the facts and circumstances of the videoed
incident. Any such film or video taken by and kept in the possession of
the SRO or the Village may be considered law enforcement records
underthe Family Educational Rights and Privacy Act (20 U.S.C. §1232g
and 34 C.F.R. §99.8) and Illinois School Student Records Act (105 ILCS
10/2(d)). Any copy of such film or video, if permitted by law to be
provided to the District, may become an educational record of the
District.
K. Both parties agree that, in the event the SRO is out on family or medical leave
for any reason, the Village will assess availability and will use reasonable
efforts to provide an interim -SRO until the assigned SRO can return from
leave, provided that the provision of an interim -SRO does not interfere with
police operations or put additional strain on the Village's staffing levels.
Further, both parties agree that, in such circumstances, the parties will
coordinate and discuss additional options for ensuring SRO services are
provided, to the extent possible, until the assigned SRO can return from leave.
V. OTHER TERMS AND CONDITIONS
A. Complete Agreement. This Agreement sets forth all the covenants,
conditions, and promises between the Parties. There are no covenants,
promises, agreements, conditions or understandings between the Parties,
either oral or written, other than those contained in this Agreement.
B. Relationship of the Parties. Nothing in this Agreement shall be construed to
consider any party, or its respective employees or agents, as the agents or
employees of the other party. Nothing contained in or done pursuant to this
Agreement shall be construed as creating a partnership, agency, joint
employer, or joint venture relationship between the Village and the District. No
{00120394.31 Page 13 of 19
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party shall become bound, with respect to third parties, by any representation,
act, or omission of the other party. This Agreement is for the benefit of the
Parties only and is not intended to raise or acknowledge any duty regarding
conduct or other form of liability as to third parties.
C. Indemnification.
To the fullest extent permitted by law, the District agrees to indemnify
and hold harmless the Village, its officers, officials, agents, volunteers,
employees, and their successors and assigns, in their individual and
official capacities (the "Village Indemnified Parties') from and
against any and all liabilities, loss, claim, demand, lien, damage,
penalty, fine, interest, cost and expense, including without limitation,
reasonable attorneys' fees and litigation costs, incurred by the Village
Indemnified Parties arising out of any activity of the District - in
performance of this Agreement, or any act or omission of the District
or of any employee, agent, contractor, or volunteer of the District (the
"School Indemnitors"), but only to the extent caused in whole or in part
by any negligent act or omission of the School Indemnitors.
2. To the fullest extent permitted by law, the Village agrees to indemnify
and hold harmless the District, its Board and its members, employees,
volunteers, agents, their successors, and assigns, in their individual
and official capacities (the "School Indemnified Parties') from and
against any and all liabilities, loss, claim (including employment
claims), demand, lien, damage, penalty, fine, interest, cost and
expense, including without limitation, reasonable attorneys' fees and
litigation costs, incurred by the School Indemnified Parties arising out
of any activity of the Village or the SRO in performance of this
Agreement, or any act or omission of the Village or of any employee
(including, but not limited to the SRO), agent, contractor or volunteer
of the Village (the "Village lndemnitors'�, but only to the extent
caused in whole or in part by any negligent act or omission of the
Village Indemnitors.
3. Nothing contained in Section V.0 or in any other provision of this
Agreement is intended to constitute nor shall it constitute a waiver of
the defenses available to the District or the Village under the Illinois
Local Governmental and Governmental Employees Tort Immunity Act.
D. Insurance. Each Party shall keep in full force at all times during the term of
this Agreement, Commercial General Liability Insurance, on an occurrence
basis, with limits of not less than $3,000,000.00 per occurrence and in the
aggregate. Within seven days of the last Party's execution of this Agreement,
each Party shall furnish to the other a certificate of insurance evidencing the
insurance obligations under this Agreement. Each Party may satisfy the
insurance obligations under this Section V.D. by utilizing excess or umbrella
{00120394.3) Page 14 of 19
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insurance. Each party shall name the other Party's Indemnitors (defined in
Section V.C.) as additional insured on all insurance required hereunder. To
the fullest extent permitted by each insurance policy and without invalidating
any coverage thereunder, the Parties waive any right of subrogation that they
or any of their agents may have against the other Party's Indemnitors.
E. Term and Renewal. This Agreement shall take effect on Oeipber �� ,
2021, and shall be in full force and effect fora period of one year thereafter.
This Agreement shall automatically renew for successive one-year periods
unless terminated as provided below.
F Termination. This Agreement may be terminated by the Village at any time
upon 60 days advance written notice to the District. This Agreement may be
terminated by the District at any time upon six months advanced written notice
to the Village. Section II of this Agreement may be terminated at any time
upon 30 days advance written notice by either party without terminating the
other Sections of this Agreement. Sections IV.H and V.0 shall survive
termination of this Agreement. In the event this Agreement is terminated by
either party, the District shall be reimbursed for any excess payments made
pursuant to Section IV.H. of this Agreement provided that the District is not in
breach of this Agreement.
G. Amendments and Modifications. This Agreement may be modified or
amended from time to time provided, however, that no such amendment or
modification shall be effective unless reduced to writing and duly signed by
an authorized representative of the each Party.
H. Provisions Severable. If any term, covenant, condition, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated.
Assignment. Neither party hereto may assign its respective rights or duties
hereunder.
J. 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, nor shall it prevent either
party from enforcing such provisions.
K. Effective Date. This Agreement shall be deemed dated and become effective
on the date the last of the Parties signs as set forth below the signature of
their duly authorized representatives.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement by their
property officers duly authorized to execute the same.
100120394.31 Page 15 of 19
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Signed: ,
Title: V
Print Name
Attest: ,
Village of Deerfield
s�.�Affi
e ( C. sw"O'Ire)
Deerfield Pu�lic Schools District 109
) nn A
Attest:
President, Bdadd of Edu4e Lion
Secretary, Board of Education
Date: ID —0-20 2(
Date: �� l
(00120394.31 Page 16 of 19
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EXHIBIT A
SCHOOL RESOURCE OFFICER JOB DESCRIPTION
DEERFIELD PUBLIC SCHOOLS DISTRICT 109
The goal of a School Resource Officer (SRO) is to strengthen the Police Department's bond with
the District through the daily interaction with the students and school staff. The school setting
provides an environment that can offer preventative programs to assist youth in making good
decisions while also deterring involvement in criminal conduct, drug and alcohol use and gang -
like behavior. The SRO, in conjunction with school staff, can mentor youth and steer them towards
more positive choices. The intent ofthe SRO Program is to establish positive working relationships
between the police, school administration, social service agencies, parents, teachers, students and
the community, in order to maintain a safe and stable environment. The SRO must measure his/her
safe response while carefully taking into consideration the best interests of the students and school.
The obiectives of the SRO are:
1. To foster a more personal relationship between law enforcement and students with the
goal of promoting a greater respect for the law.
2. To function as a resource to the school for students, staff and administration in legal
matters and social issues.
To assist in the preparation of educational programs concerning social problems and
violations of the law.
4. To assist in the protection of the school community from illegal activity both inside and
outside of the school.
To assist school officials in the prevention of and effective response to criminal
offenses._
The primaa duties and responsibilities include but are not limited to:
The SRO shall be assigned to District buildings by the District with input from the Village.
2. The SRO shall wear the official law enforcement uniform or other apparel issued by the
Village at all times while on duty on District property. The SRO shall make best efforts to
maintain high visibility at all times when practical and safe to do so, especially in areas
where incidents of crime or violence are most likely to occur.
3. The SRO shall, whenever possible and in accordance with guidance from the District,
participate in or attend school functions during the SRO's regular duty hours in order to
assure the peaceful operation of school -related programs.
4. When requested, assistance with conducting inspections and searches of lockers, desks,
parking lots and other school property and equipment owned or controlled by the District
for illegal drugs, weapons or other illegal or dangerous substances or materials, including
searches conducted using specially trained dogs. If a search produces evidence that the
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student has violated or is violating the law, local ordinance or the District's policies or rules,
such evidence may be seized by school authorities and/or turned over to law enforcement
authorities, and disciplinary action may be taken. 105 ILCS 5/10-22.6 and 10-22.1Oa.
5. The SRO shall attend suspension review and/or expulsion hearings upon the request of
District officials or the Superintendent. The SRO shall be prepared to provide testimony on
any actions that were taken by the SRO and any personally observed conduct witnessed as
permitted by law.
6. The SRO shall conduct himself or herself as a role model at all times and in all facets of the
job; shall seek to establish a strong rapport with staff, faculty, students, parents and other
members of the school community; and shall encourage students to develop positive
attitudes toward the school, education, law enforcement officers and good citizenship in
general.
7. Cooperation with the parent -teacher advisory committee to develop policy guideline
procedures that establish and maintain a reciprocal reporting system between the District
applicable local law enforcement agencies regarding criminal offenses committed by
students. 105 ILCS 5/10-20.14 and see Board Policy 2:150, Committees.
8. Promoting a positive relationship and enhance communications among police officials,
students, faculty and staff.
9. Assisting the school administration in the reporting and resolution of criminal and anti-
social behavior on school grounds or at school sponsored events. Special attention will be
given to incidents involving violence, gang -like behavior, drugs and alcohol or other school
safety issues.
10. Assist in the staff development and training of school security personnel.
11. Making presentations in the classroom environment as it relates to established law, law
enforcement, school/personal safety and traffic issues.
12. Promoting a positive relationship with school staff, counselors and administration to
identify problems and define solutions.
13. Assisting in the development of prevention programs and crisis planning as required by
the school staff and the police department.
14. Acting as a liaison between the Police Department personnel and school officials to
exchange a comprehensive knowledge of activity within the school community.
15. Conducting investigations of all alleged criminal activities on school property that occur
during the regular school day or at school sponsored events, in accordance with Police
Department policy.
16. Patrolling school grounds when necessary.
17. Working in close cooperation with school officials and guidance counselors in referring
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students to appropriate settings for resolution of school rule infringements.
18. Responding to calls for service at or around the school facility while on duty.
19. Enforcing federal, state and local laws.
20. Networking with area school resource officers in order to effectively monitor youth trends
and behavior.
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