R-23-25VILLAGE OF DEERFIELD
RESOLUTION NO. R-23-25
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH BOARD OF EDUCATION OF TOWNSHIP HIGH SCHOOL DISTRICT NO.
113 FOR RECIPROCAL REPORTING, DIGITAL IMAGE ACCESS, 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, the Board of Education of Township High School District No. 113
("District') is the owner and operator of a school in the Village and a school in the City of
Highland Park (collectively, "Schools'); 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 Village and the District now desire to enter into a new agreement:
(i) to share information and videos if there is an imminent threat of physical harm to
students, school personnel, or others who are present in the Schools or on the grounds of
the Schools; and (ii) for the Village to provide the District a school resource officer
("Agreement'); and
WHEREAS, the Village Board has determined that entering into the Agreement
with the District will serve and be in the best interest of the Village and its residents;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Resolution as findings of the Village Board.
SECTION TWO: APPROVAL OF AGREEMENT. The Agreement by and
between the Village and the District is hereby approved in substantially the form attached
to this Resolution as Exhibit A, and in a final form to be approved by the Village Manager
and Village Attorney.
SECTION THREE: EXECUTION OF AGREEMENT. The Village Mayor and the
Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the Agreement upon receipt by the Village Clerk of at least one original copy of the
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Agreement executed by the District; provided, however, that if the executed copy of the
Agreement is not received by the Village Clerk within 60 days after the effective date of
this Resolution, or within such greater period of time as the Village Board may approve by
resolution, then this authority to execute and attest will, at the option of the Village Board,
be null and void.
SECTION FOUR: EFFECTIVE DATE. This Resolution will be in full force and
effect upon its passage and approval by a majority of the members of the Village Board.
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: May 15, 2023
APPROVED: May 15, 2023
RESOLUTION NO. R-23-25
Daniel C. Shapiro, Mayor
ATTES .
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Kent S. St eet, Village Clerk
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EXHIBIT A
AGREEMENT
{00132420.11
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 Board of Education of Township High School District No. 113 ("District"), and the
Village of Deerfield, a home rule municipal corporation ("Village") (the District and Village are,
collectively, the "Parties").
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 Deerfield High School and Highland Park High School
("Schools"), and Deerfield High School is located within the Village; and
WHEREAS, the District has installed 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 Deerfield High
School 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:
100129011.51 Page 1 of 25
COOPERATION AND AUTHORITY
A. General Cooperation
1. 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 mobile numbers (if
applicable). The Police Officials shall represent the Police Department in the
Department's capacity as "juvenile authorities" within the meaning of the
federal Family Educational Rights and Privacy Act and the Illinois School
Student Records Act for purposes of reciprocal reporting of student record
information.
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
1. 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.
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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 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 I LCS 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
1. By School Officials to Police Officials
a. School Officials will promptly report to Police Officials any activity of
students who reside in the Village or attend Deerfield High School,
which arises on school property or at a school -related function, that
involves or is suspected to involve:
Criminal gang activity;
ii. 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;
100129011.51 Page 3 of 25
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;
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.
The Parties further recognize that the District may share with Police
Officials other information related to students determined by the
District to otherwise be appropriate and lawful for sharing to support
preadjudicatory intervention with a student by the Village. Nothing
in this Section II.A.1.a shall be interpreted to: (i) require the Village to
pursue a criminal investigation or seek charges against a student if
the Village determines that such action is not warranted or prudent;
or (ii) prevent the District from imposing discipline against a student
or providing other behavioral intervention, mental health, and social
services to a student if the District deems it appropriate to do so.
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 anytime a
report is made that a person with a firearm has been observed on
school grounds. 105 ILCS 5/10-27.1A.
d. School Officials will immediately report to Police Officials anytime 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 5/10-27.113.
e. Where violence or other activity poses an imminent threat to the
safety of students or any other person, the information will be shared
f 00129011.51 Page 4 of 25
as soon as possible; otherwise, the information will be shared not
later than two business days after the information becomes known
to School Officials.
f. 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 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 any laws or administrative regulations,
Police Officials will share law enforcement records with School
Officials that relate to the following offenses or suspected offenses
(as this list may be revised pursuant to subsequent legislative
amendment to the Juvenile Court Act) 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 will not (i) create a threat of harm to any person that
outweighs the preventative benefit of sharing the information, as
determined by the Village, (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);
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ii. 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 1 LCS 646/1 et seq. );
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 5/) (bodily harm and mob
action).
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
that outweighs the preventative benefit of sharing the information,
(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
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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:
information that identifies the student, including the name,
age, address, and photograph, when and if available;
ii. information detailing any charges relating to the arrest;
iii. the time and location of the arrest;
iv. the name of the investigating or arresting law enforcement
agency;
V. if the individual is incarcerated, the amount of any bail or
bond; and
vi. if the individual is incarcerated, the time and date that the
individual was received into, discharged from, or transferred
from the arresting agency's 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 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.
e. Nothing in this Section II.A.2 shall be interpreted to: (i) prohibit the
Police Officials from sharing additional information with the District;
or (ii) allow the Police Officials to withhold from the District any
information or records that would otherwise be available to the
District pursuant to the Freedom of Information Act or any other
statute.
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B. Confidentiality and Records
1. Content of Criminal Activity Information. All criminal activity information
reported to the Village by the District 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
or where disclosure of the names of involved persons is prohibited by
student records confidentiality or other confidentiality 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.
C. No Restriction on Authority. This Agreement shall not act to restrict either Party's
authority provided under law to release of information to the other Party made in
accordance with applicable law, as may be amended from time to time.
D. Validity of Pre -Existing Reciprocal Reporting Agreement. By entering into this
Agreement, the Parties do not disturb the continuing validity of either Party's
participation in the countywide agreement entitled Reciprocal Reporting Agreement
Between the Sheriff of Lake County and the Chiefs of Police of Lake County and the
Boards of Education of the School Districts of Lake County, executed by the various
parties over a period of several years, with most signatures added from 1999-2001
100129011.51 Page 8 of 25
("Prior Agreement"). However, this Agreement controls and supersedes, in its
entirety, the Prior Agreement as it relates to the relationship between the Parties.
Ill. VILLAGE ACCESS TO IMAGES FROM DISTRICT DIGITAL CAME
A. Provision of Access to Digital Camera System. The District shall provide the Village
Police Department with the necessary login information in order to enable the
Village Police Department to view real time video and recorded video created by
District digital cameras. This Section III applies to District cameras in the Deerfield
High School building, and does not apply to any cameras in other buildings or on
school buses.
B. Limited Viewing
1. Authorized Viewers and Designated Devices. Individuals authorized to view
images created by the District digital cameras shall be limited to the following
individuals (collectively, "Authorized Viewers"):
The Village Police Chief;
ii Village Police Department employees authorized by the Chief or, in
the absence of the Chief, the Chief's designee; and
iii. The Village's IT employees and IT contractors authorized by the Chief,
or in the absence of the Chief, the Chief's designee
2. The Authorized Viewers may log in to the District's camera software only
from designated Village computers or other electronic devices meeting
District's technical specifications and approved by the District. The IP address
of each Village device approved by the District shall be registered in advance
with the District's Chief Information Officer. The Village shall test the login
from all designated devices on a quarterly basis.
C. Access to Live Feed and Recorded Video
The Village shall not permit any individual, including Authorized Viewers, to view real
time video (live feed) from the District digital camera system or recorded videos
maintained on the District's digital camera system on a routine basis. Authorized
Viewers shall be permitted to view real time video streamed or recorded video
stored on the District's digital camera system only when:
1. An emergency call (e.g. 911 or otherwise) is made from or regarding the
Deerfield High School;
2. Necessary or prudent, as determined by the Village, for the Village Police
Department to deter or protect against an imminent and substantial threat
(00129011.51 Page 9 of 25
that is likely to result in significant bodily harm or damage to District
property;
3. Requested by the Superintendent of the District or Principal of the School;
4. Necessary or prudent for purposes of training for response to emergencies
in the District buildings, with: (i) for the access of live video, advance notice
of the date, time, and purpose to the School Principal or designee and
consent in advance by the Principal; or (ii) for access to recorded video,
consent in advance by the Principal in compliance with applicable laws; or
5. For investigative or other purposes, with consent in advance by the Principal
in compliance with applicable laws.
D. Limited Download and Retention. The Village shall not download or record in any
manner any footage or images from the District's digital camera system unless either
the downloading or recording is done by the Village as part of an active or reasonably
contemplated law enforcement investigation, is authorized by a court, or the Village
receives permission from the District.
E. Freedom of Information Act. If the Village receives a Freedom of Information Act
request for any footage or images downloaded by the Village from the District's
digital camera system, the Village shall immediately notify the District and work in
good faith with the District before responding to the Freedom of Information Act
request.
F. School Student Records
1. 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 Records Act,105 ILCS 10/2, and Section 375.10
of Title 23 of the Illinois Administrative Regulations, 23 ILADC 375.10, and as
interpreted by the U.S. Department of Education under the Family
Educational Rights and Privacy Act, 20 U.S.C. 1232g. Such images may,
however, become school student records, such as if subsequently used by
the District in a student disciplinary matter or for other official purposes.
2. The District shall notify the Village Police Chief of any recordings that become
school student records. The Village shall, if requested by the District and
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
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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"), will work collaboratively to select 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:
1. Illinois Certified Police Officer with the Village for at least two years;
2. State of Illinois certified juvenile officer;
3. School resource officer training certification as required by the School Code
(105 ILCS 5/10-20.68) and as set forth in the Illinois Police Training Act (50
ILCS 705/10.22), including renewals thereof, and also such additional training
as may be required to meet a minimum of 48 hours of National Association
of School Resource Officer (NASRO) training. The Village will not apply for a
waiver of the school resource officer training requirement under the School
Code without first providing notice to the Superintendent of the District; and
if the Village applies for a waiver of the school resource officer training
requirement, the Village will promptly enroll the officer in a school resource
officer training course to obtain the training as soon as practicable;
4. Willingness to serve as the SRO for at least four years;
5. Effective oral and written communication skills;
6. Ability to resolve conflict efficiently and effectively;
7. Excellent problem -solving skills;
8. Sound judgment and decision -making skills;
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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.
In addition, the Village recognizes that the District has a preference for an SRO that
has previous experience serving as an SRO and at least five years of full-time
experience as a police officer, and the Village will take this preference into
consideration when considering who to appoint as the SRO.
The Village will include the District in the SRO candidate interview process and
otherwise consult with the District in the SRO selection process. The Village shall
assign the SRO only after receiving input and a recommendation from the
Superintendent or the Superintendent's designee. The Village will give due
consideration to, and make reasonable efforts to accommodate, the District's
recommendations for SRO selection. Provided that this process set forth herein is
followed, the District acknowledges and agrees that the Village shall have the sole
and absolute discretion to make the final selection and appointment of the SRO.
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. Supervision. 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
{00129011.51 Page 12 of 25
and the Supervisor will work cooperatively to resolve the problem, which may
include appointing a new SRO at the discretion of the Village.
D. Scope 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:
1. 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:
(i) the District informs the Village that the SRO is not needed during those
times; (ii) as directed by the Village in an emergency; (iii) the SRO has training,
provided that the times of absence are preapproved by the District; or (iv) as
otherwise agreed to by the District and Village; 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.
1. 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
{00129011.5) Page 13 of 25
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. The Village will provide advance notice to the
District of any known annual increases in costs under this paragraph.
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 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.
The Parties agree that the SRO will complete implicit bias training courses
relevant to the SRO's duties, as approved by the District, with the costs to be
shared equally by the Parties.
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
ILCS 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.
5. Uniforms. The Village shall issue to the SRO polo shirts or other casual
apparel, which the SRO may wear instead of their regular uniform as
determined by the Village.
{00129011.5} Page 14 of 25
I. Student Records.
1. 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 of the District. As such, the SRO shall have
access to student records only as determined by the District to be 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. The parameters of SRO access
to student records are further detailed in Exhibit B to this Agreement,
attached hereto and incorporated herein.
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 and maintained by SRO for the
purpose of law enforcement shall not be considered educational records.
J. Body Worn Cameras.
1. 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 months
before the SRO begins use of BWCs and provide a copy of the Village policy on
use of BWCs required by statute, and the Village shall provide written
information and training to the District and its administration regarding the
same. The training shall include the 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.
3. 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.). The responsibilities of the SRO in the
schools consist largely of the performance of non -enforcement related
activities, including community caretaking, educational, and other non -law
enforcement activities contemplated. As such, the SRO's BWC will normally
{00129011.51 Page 15 of 25
remain in an inactivated (buffering) mode unless the SRO is responding to calls
for service or engaged in any law enforcement -related encounter or activity.
4. 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 under the 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. Substitute SRO Services.
If the SRO is not able to report to duty at the School on a given day, the Village will
make best efforts to provide a substitute law enforcement officer. If a substitute
officer cannot be provided, the Village will make best efforts to have an officer check
in with the Principal's Office, walk through the building, and drive through the
parking lot. 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. If possible, the substitute and interim
officers will have SRO or juvenile officer training and experience. The District will
reduce the scope of the SRO duties for substitute and interim officers to focus
primarily on safety and security issues. The Parties may agree to increase the
consistency or level of support to be provided by the Village during absences of the
SRO, such as by designating or providing additional officers, and will amend this
Agreement pursuant to Section V.G to effectuate such agreement as appropriate.
L. Storage of Firearms on School Property
The SRO may store firearms on District property when unattended by the SRO or not
within the SRO's vehicle. Such storage shall comply with the protocols attached to
this Agreement as Exhibit C.
100129011.51 Page 16 of 25
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 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.
1. 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 Indemnitors"), but only to the extent caused in whole
or in part by any negligent act or omission of the Village Indemnitors.
{00129011.5} Page 17 of 25
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 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 upon the execution of this
Agreement and shall be in full force and effect for a period of one year thereafter.
This Agreement shall automatically renew for successive one-year periods unless
terminated as provided below. Commencing in Spring 2025, every two years the
Parties shall meet and discuss their relationship under this Agreement.
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 III (Village Access to Images From District Digital Cameras) 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 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.
{00129011.51 Page 18 of 25
DocuSign Envelope ID: A8753EFE-FOB8-43FF-92D4-F9OE23F51BC6
J-'Y-LJ
I. 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.
M. 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.
Village of Deerfield
By:
`r �
Title: ma44I V i��a9t k ecgC CI
Date: _ STj�.023
l �vi�t'i C. Sinapiro
rinted Name
Attest: JVK
Village Clerll
Township High School District 113
Docuftned by:
By: 00,16, GIBAA
Pe'11*"t3-Board of Education
Date: 5/10/2023
DocuSigned by:
Attest:
L MY?�Mard of Education
1172442_2 Page 19 of 24
I. 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.
M. 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.
Village of Deerfield
By.
Title: IM ck
Date:
Printed N me
Attest: -/nck
Village Clerk
Township High School District 113
M
Date:
Attest:
100129011.51 Page 19 of 25
President, Board of Education
Secretary, Board of Education
WMI 1rrii
SCHOOL RESOURCE OFFICER JOB DESCRIPTION TOWNSHIP
HIGH SCHOOL DISTRICT 113
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 of the 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 objectives of the SRO are:
1. To faster 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.
3. 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.
5. To assist school officials in the prevention of and effective response to criminal
offenses._
The primary duties and responsibilities include, but are not limited to:
1. The SRO shall be assigned to District buildings by the District with input from the Village.
2. 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.
3. 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
{00129011.5) Page 20 of 25
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 10-22.10a.
4. 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.
5. 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.
6. 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.
7. Promoting a positive relationship and enhance communications among police officials,
students, faculty and staff.
8. 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.
9. Assist in the staff development and training of school security personnel.
10. Making presentations in the classroom environment as it relates to established law, law
enforcement, school/personal safety and traffic issues.
11. Promoting a positive relationship with school staff, counselors and administration to
identify problems and define solutions.
12. Assisting in the development of prevention programs and crisis planning as required by
the school staff and the police department.
13. Acting as a liaison between the Police Department personnel and school officials to
exchange a comprehensive knowledge of activity within the school community.
14. 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.
15. Patrolling school grounds when necessary.
{00129011.51 Page 21 of 25
16. Working in close cooperation with school officials and guidance counselors in referring
students to appropriate settings for resolution of school rule infringements.
17. Responding to calls for service at or around the school facility while on duty.
18. Enforcing federal, state and local laws.
19. Networking with area school resource officers in order to effectively monitor youth trends
and behavior.
20. Observing and assisting the District with the annual law enforcement drill to address a
school shooting incident as required by the School Safety Drill Act, 105 ILLS 128/20(c).
21. Participating in training with other school staff as requested by the District on topics
including, but not limited to, proper student restraint techniques and crisis prevention
intervention (CPI).
22. Participating, advising, and consulting in the annual review of the school's emergency and
crisis response plan, protocols, and procedures, including procedures regarding the
District's threat assessment team pursuant to Section 25 of the School Safety Drill Act, 105
ILCS 128/25, and serve as the law enforcement representative on the District and school
threat assessment team(s) pursuant to 105 ILLS 128/45.
Detention and Questioning of Students on School Grounds
The SRO and the District shall comply with Section 22-88 of the School Code (105 ILLS 5/22-88), as
may be amended, when detaining or questioning a student on school grounds who is under 18
years of age and who is suspected of committing a criminal act.
In accordance with Section 10-20.64 of the School Code (105 ILCS 5/10-20.64), there shall be no
student booking station established or maintained on the grounds of any school.
{00129011.51 Page 22 of 25
ISA0.11:7a0.11
ACCESS TO RECORDS
A. District Records. The Parties acknowledge and agree that the SRO may have access to
District records as follows:
1) The SRO may have access to "directory information" of students as needed to perform
duties.
2) In addition to as provided in this Agreement, the SRO may have access to live feed of
security cameras in the District pursuant to authorization of the Superintendent or
Principal. To the extent camera footage constitutes a student record as defined by the
School Code, recorded camera footage will be treated as student record information
pursuant to Paragraph A.3 below.
3) The SRO may have access to other (non -directory) student record information pursuant
to the following legal guidelines, as interpreted and approved by the Superintendent or
Principal:
i) As a School Official. The SRO may receive personally identifiable
information ("PII") from the District as a "school official" performing SRO
duties under this Agreement when the SRO has a direct and legitimate
educational interest in the student. A "legitimate educational interest" shall
include promoting school safety and physical security of the students. The PII
must remain under the direct control of the District, and the SRO may use
information obtained as a school official only for the purposes for which it is
obtained, and will not disclose such information to third parties, including
other employees of the Police Department who are not acting as school
officials, unless consent of the parent (or student age 18 or older or has
otherwise succeeded to their rights under ISSRA) is obtained or an exception
to the statutory consent rule applies.
ii) Under the Reciprocal Reporting Agreement. The SRO may receive from
the District PII related to students pursuant to the reciprocal reporting
provisions of this Agreement.
iii) Emereencies. In an emergency, as determined by the Superintendent or
School Principal.
If the SRO receives PII from this District under Section 3.ii or 3.iii, the information shall not
be governed by the terms of Section 3.i. Notwithstanding the termination of this Agreement
for any reason, the confidentiality provisions set forth in this Agreement shall continue in full
force and effect following such termination.
{00129011.5) Page 23 of 25
B. Law Enforcement Records. In accordance with law, the Parties understand that all records
both generated and maintained solely by the SRO and the Village shall not constitute student
records under FERPA/ISSRA.
{00129011.51 Page 24 of 25
VY114TRIT f
PROTOCOLS FOR STORAGE OF POLICE FIREARMS
ON SCHOOL DISTRICT PROPERTY
The SRO may store one or more firearms and associated ammunition (together "firearms") at the
School when unattended by the SRO and not in the SRO's vehicle during the term of this Agreement
and in accordance with the following protocols:
1. The firearm and ammunition will be kept in a safe bolted to the floor, in one or more secure
locations acceptable to the Village and the District.
2. The Village and the District will agree on the type of safe to be used and the methods of
access, such as biometric access and/or by a physical key or otherwise.
3. The firearms will be accessible only to the SRO and any sworn and qualified officer of the
Village police force.
4. A firearm will be permanently stored at Deerfield High School 24-hours each day. The SRO
may remove the firearm from the School premises for maintenance, training or replacement,
with prior notice to both the Principal and the Chief of Police. The firearm will be transported
in a concealed manner to minimize disruption.
FOIA NOTICE: The School District and Village agree that these Exhibit C protocols constitute
security measures and response policy/procedures designed to prevent or respond to potential
threats or attacks constituting a clear and present danger to the school community. As such, these
protocols may be withheld from disclosure in response to a FOIA request pursuant to 5 ILCS
140/7(1)(v) and other applicable provisions, and the Parties agree to withhold these protocols
from FOIA responses unless directed otherwise by the Attorney General or a court.
{00129011.5} Page 25 of 25
Deerfield Police Department
Date: May 11, 2023
To: Kent Street, Village Manager
From: John J. Shozis, Chief of Police
CC: Deputy Chief Brian Budny, Deputy Chief Chris Fry
Subject: Request for Board Action — Township High School District 113 School
Resource Officer
On Monday, May 15, 2023, at the regularly scheduled meeting of the Mayor and Board of
Trustees, the Police Department will the passage and approval of a Resolution approving an
Intergovernmental Agreement with the Board of Education of Township High School District #113
for Reciprocal Reporting, Digital Image Access, and a School Resource Officer.
In January 2013 the Village of Deerfield and Township High School District 113 originally
entered into an agreement for a School Resource Officer. The School Resource Officer is a full-
time sworn member of the Deerfield Police Department assigned to the Deerfield High School
during the regular school year. When school is not in session the Officer would be assigned to fulfill
routine duties at the Police Department.
The intent of the School Resource Officer Program is to establish positive working relationships
between the police, school administration, social service agencies, parents, teachers, students and
the community. Over the last 10 years this relationship has proven to be positive and effective.
The agreement is similar to the prior agreement with the Deerfield Police Department to assign
an Officer to the District on a full-time basis during the school year. The District will pay the
Village 75% of the annual salary paid by the Village to the SRO for services rendered including
salary, benefits, and all overtime duty by the SRO that is a direct result of the SRO services. A
detailed copy of the agreement is attached and has been reviewed by counsel on both sides. The
terms of this agreement are identical to the agreement with Deerfield Public Schools District
109.
The proposed agreement also contains language detailing reciprocal reporting between the
District and Police Department which is consistent with State Statute and language defining
Police Department access to District installed digital camera systems at Deerfield High School.
On May 9, 2023, at a regularly scheduled meeting of the Township High School District 113
Board, the District authorized the agreement with the Village to assign a School Resource
Officer.
Deerfield Police Department
RECOMMENDATION
The Police Department recommends the Mayor and the Board approve the Resolution
authorizing an agreement with the Township Highschool District 113 to assign a School
Resource Officer (SRO) to the District.
h1w �, s&OY&
John J. Shozis
Chief of Police