Understanding Memorandums of Understanding (MOUs) in School Resource Officer Programs
This content delves into the significance of Memorandums of Understanding (MOUs) in school resource officer programs. It emphasizes the importance of formal agreements between school districts and law enforcement agencies to establish roles, responsibilities, and boundaries. Topics covered include SRO selection, training, duties, discipline issues, record-sharing, supervision, and liability considerations to ensure a structured and effective partnership.
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www.mosba.org | 800.221.6722 | info@mosba.org | 2100 I-70 Drive Southwest Columbia, MO 65203
MOUS AND BODY CAMERAS SCOTT SUMMERS, SUMMERS@MOSBA.ORG JOHN WARNER, WARNER@MOSBA.ORG TREVOR FOWLER, TFOWLER@CISLIONS.ORG www.mosba.org | 800.221.6722 | info@mosba.org | 2100 I-70 Drive Southwest Columbia, MO 65203
MOUS Memorandum of Understanding (MOU) It is THE agreement that sets out the scope of your employment/service with the district Formalizes the relationship between the district and the local law enforcement agency NOT having an MOU creates a GREAT deal of liability for you, your department and the district HAVING an MOU PROTECTS you, your department and the district
MOUS Could include Mission Organizational structure Goals and procedures of the SRO Location of the SRO in the building Specific day to day activities like recordkeeping, funding sources, How the SRO is selected Training requirements Chain of command structure
MOUS Should include Specific role of SRO in school discipline issues (HINT SRO s should NEVER become involved in school discipline issues ) Search, seizure issues Questioning issues Specific scope of services of the SRO School climate SRO as part of the school leadership team How will SRO assist school officials Specific language on where school stops and SRO begins No piggy backing!
MOUS Roles and responsibilities under the law Training requirements (calendar?) Language on record sharing Supervision of SRO School officials supervising Expectations for the SRO Communication, Communication, Communication Methods of supervision Evaluations of SRO
OTHER CONSIDERATIONS? Identify qualifications prior to hiring School district involvement in the hiring/removal Law enforcement agency is the employer Duty hours Coverage when absent Equipment/Weapons allowed on school grounds Allowed to work for school while off duty? Job expectations and duties Liability issues: workers comp, liability insurance,
www.mosba.org | 800.221.6722 | info@mosba.org | 2100 I-70 Drive Southwest, Columbia, MO 65203
Memorandum of Understanding John Warner warner@mosba.org Trevor Fowler tfowler@cislions.org www.mosba.org | 800.221.6722 | info@mosba.org | 2100 I-70 Drive Southwest Columbia, MO 65203
What is an M.O.U.? An M.O.U. is an agreement between the school district and the law enforcement agency, to outline administrative responsibilities and their legal relationship based on mutual interests. It also establishes a clear understanding of how to deal with the practical function of each of the party's roles. Outlines the duties and responsibilities for the School Resource Officer. Compensation amounts of the SRO position.
What should be in the M.O.U.? The document needs to establish the parties entering the agreement. A mission statement and goal should be established. Employment and assignment of the SRO. Duty hours, days off, early release days Extra duty hours, i.e. sporting events or board meetings The role of the SRO (what will they handle or help with)
The role of the SRO The SRO role should follow the Triad approach Law Enforcement SRO Educator Problem Solver
The role of the SRO Educator The SRO should provide educational information both for the students and parents. Such as: Drug Abuse Resistance Education (DARE) Crime prevention Public safety issues Explain laws that pertain to the students Any other ideas?
The role of the SRO Counselor/Problem Solver The SRO should provide and make him or herself available to students that have questions and concerns that they would normally not seek help with from a teacher or parent. Such as: Legal questions or laws Bullying issues Self doubt (be careful here)* Personal conflicts Drug issues School safety issues Any other ideas? *The SRO should never substitute for a school counselor!
The role of the SRO Law Enforcement Officer The SRO should conduct criminal investigations when law violations are evident. Such as: Drug or Alcohol usage Bullying issues Vandalism Assaults Safe School Act violations School safety issues Any other ideas? *Is an arrest the only thing the SRO can do???
School Discipline The agreement should address that an SRO should never involve themselves in school discipline issues. Example: Sending disruptive students to sit with the SRO. Why would this be an issue?
SROs Chain of Command The document should outline the SRO s Chain Of Command and employment status Does he or she answer to the Department or the school district? Who is responsible for the SRO s evaluation? Who assigns the SRO s daily duties? Any other concerns in this area?
Access to Education Records The agreement should clearly outline if the SRO has access to student information? Such as: 1. Student basic personal info 2. Student grades/discipline history 3. Emergency contact info 4. Attendance info * Is this a violation of School Board Policy or FERPA?
Rights and duties of the District Provide SRO with a climate controlled office space that is private. Provide a phone and or a computer terminal A desk and chairs File cabinets that can be secured Firearm safe What else would be appropriate?
Rights and duties of the District The document should state how the school s administration will report to the SRO any situations that would affect the safety of the educational environment. How will the Admin. Report Safe School Violations? What about the special agreement for assault 3rd(should be a separate document within the MOU)
Assault 3rdSpecial Agreement Pursuant to RSMO 167.117 - which states a school must report 1st, 2ndand 3rddegree assaults A special agreement should be defined within the MOU on how assault 3rdwill be reported. (remember ALL felonies must be reported to law enforcement pursuant to the Missouri Safe Schools Act, assault 3rdis now a class E felony!)
Evaluation of the SRO Program The MOU should outline an annual evaluation of the SRO program by law enforcement and by the school district. Notes should be taken and changes to the SRO program or the MOU should be made on a yearly basis.
Dismissal of the SRO If the SRO is ineffective or is not a good fit some type of clause should cover his or her dismissal and replacement process Legal advice should be sought for this part of the document.
Good Faith Agreement Both Law Enforcement and the School District should make every attempt to uphold the MOU agreement based on the information that is given at the time. Any unforeseen difficulties or questions should be negotiated between the school district and law enforcement as they are encountered.
Insurance Coverage Clearly outline who will cover any claim or loss against the SRO. It is been the norm to have the SRO covered by his or her employer (I.E. their department)
Termination of the M.O.U. A clause should be written on how and who can terminate the agreement and for how long the agreement is good.
RSMO 162.215 The school board of any school district may authorize and commission their own school officers to enforce laws relating to crimes committed on school premises only upon the execution of an MOU with each municipal LE agency or county sheriff s office School officers shall be licensed Peace Officers
What is an SPO? RSMO 160.665.1 -Allows the designation of a school official or a member of school administration the right to carry a concealed firearm and/or pepper spray, after their completion of an authorized basic course. A detailed explanation of the SPO s duties and responsibilities needs to be covered in the MOU. This law does give the SPO the right of limited detention of a student.
MOUS FOR BODY CAMERAS
MISSOURI LAW ON BODY CAMERAS A recording taken by a LE mobile video recorder (body/vehicle camera) that is taken in a non- public location (dwelling, school, medical facility) may be a closed record Upon written request, the following may receive unaltered, unedited copy Person depicted in recording Person/voice in the recording Legal guardian/parent if minor Atty for depicted person Family member if deceased
RECOMMENDATIONS Designate SRO as Law Enforcement Unit Body camera footage taken at the school is the property of local law enforcement agency Created and maintained in accordance with local law enforcement agency policies and procedures Request copies of local law enforcement agency policies/procedures MOU with local law enforcement agency
MOUS Make it clear that camera recordings are the property of local law enforcement agency Require local LE agency to provide advance notice to the district before officers assigned to the district begin using the body cameras Require SROs to use body cams only when performing LE duties and in accordance with state law and the provisions of the local LE agency s body camera program
MOUS Require SRO s to receive training on the program including the proper use and operation of the cameras Include language about district s access to the recordings Local LE agency will if not otherwise prohibited by law provide copies of the footage to the district upon district request If providing a copy is prohibited, LE will facilitate the availability of its officer that made the video to testify, upon district request, in any school disciplinary hearing concerning the facts and circumstances surrounding the videoed incident If camera footage is provided to a 3rdparty (media, parents) LE will provide a copy to district upon request
BODY CAMERAS THOUGHTS/RECOMMENDATIONS Clearly state who will wear the cameras and under which circumstances No personal/privately owned cameras Where it will/should be worn on the body When it will/will not be activated Articulate (on camera) the reason it has been activated or not activated Protocol for activating the camera Whether to inform subject they are being recorded
BODY CAMERAS THOUGHTS/RECOMMENDATIONS Once activated it stays on Obtain consent from victims before recording Record conversations/common interactions? Prohibited recordings Specific policies to prevent tampering, deleting, copying How data is downloaded, stored, and retrieved Classification of the recordings
BODY CAMERAS THOUGHTS/RECOMMENDATIONS Time data/recordings will be maintained Where cameras are stored when not in use Will recordings be used to evaluate or train officers Policy on use of recordings or equipment for personal use Training on use of the cameras Ongoing evaluation of the program and its effectiveness
THANK YOU! SCOTT SUMMERS SUMMERS@MOSBA.ORG JOHN WARNER WARNER@MOSBA.ORG TREVOR FOWLER TFOWLER@CISLIONS.ORG
