This agreement, made and entered into this 7th day of July, 2022 by and between the Liberty Central School District (hereinafter referred to as “LCSD” or the “District”), and the Village of Liberty for services to be rendered by the Police Department of the Village of Liberty (hereinafter referred to as “LPD”).

WHEREAS, LPD is a law enforcement agency authorized to provide police services to the LCSD schools located within the Village of Liberty and entering into this Agreement will assist in providing additional law enforcement services to these schools and will assist LCSD with meeting its principal goals; and

WHEREAS, LCSD and LPD by and through the Village Board of the Village of Liberty desire to provide for a partnership between LCSD and LPD, to provide School Resource Officers on LCSD campuses;

NOW, THEREFORE, in consideration of the mutual representations and covenants set forth herein, the parties hereby agree as follows;

SECTION 1. Purpose

The purpose of this Agreement is to increase the security and school building safety of the Liberty Elementary and Liberty Middle School and High School (while such schools are located in the Village of Liberty) through funding necessary to permit assignment by LPD of three full-time, experienced LPD officers on a full-time basis to LCSD during the regular school year.

This Agreement was developed with input from stakeholders such as parents, students, school administrators, teachers, collective bargaining units, parent and student organizations and community members, as well as probation officers, prosecutors, defense counsels, and courts that are familiar with school discipline.

This Agreement is required to be incorporated and published as part of the LCSD’s school district safety plan.

SECTION 2. Duties of the SRO

LPD will assign three uniformed officers to the schools of the LCSD campuses in the Village of Liberty, each of whom are hereinafter referred to as the School Resource Officer or SRO, to promote safety and serve as a positive resource in the campuses of the LCSD and surrounding neighborhoods within the Village of Liberty. Three SROS are to be provided under this Agreement at any given time. Each SRO may be assigned to work at one or more of the District’s three school buildings — High School, Middle School and Elementary School.

The School Resource Officers are specially trained members of the LPD assigned to the LCSD. This partnership between the District and the LPD aims to promote more positive interaction with police officers to help maintain a safe school environment conducive to learning and connect the schools to a larger community.

The SRO serves three primary functions — an educator, a law enforcer and a counselor. The duties and responsibilities of the SRO include, but are not limited to, the following:

1. Educator

As an educator, the SRO visits classrooms and teaches students concepts of safety, traffic laws, general law, and crime prevention techniques. The SRO teaches DARE to the fifth grade, or other law enforcement based learning curriculum approved by the Superintendent to the appropriate grade level, provides support to administration in monitoring allegations of bullying, and works closely with individual teachers to create special programs tailored to specific units of study. These presentations help increase student awareness and understanding of laws and personal safety. As a uniformed police officer, the SRO provides a positive image of law enforcement in an effort to help young people make constructive choices in their lives. No SRO shall be required to perform duties of any licensed professional for which such SRO does not meet the legal qualifications.

2. Law Enforcer

The SRO’s primary duty is to work in support of a safe school environment and to take reasonable actions to assist in the maintenance of an atmosphere where students, teachers and staff are safe enough to learn. When requested by school administrators or when the SRO reasonably believes that a crime has been committed, the SRO investigates criminal activity occurring on school campuses.

The SRO conducts investigations with school administrators only in accordance with New York State Law, District policy, and the policy of the LPD. The SRO only takes action when the SRO determines that a violation of the law has occurred or is alleged by the Building Principal, Superintendent, or other person mutually agreeable between the Chief of Police of the LPD and/or SRO, and the Superintendent, to have occurred.

If an immediate threat of harm arises, the SRO will immediately intervene to ensure the safety of all individuals involved. The SRO will take appropriate actions-based training and school procedures/policies to deescalate situations.

School officials are responsible for investigating and enforcing violations of the code of conduct. SROs should not investigate or enforce suspected violations of the code of conduct. School officials will begin and conduct all searches, interrogations, and questioning of students when an incident is non-criminal. If school officials investigate an incident and suspect that the infraction of the code of conduct is or can be deemed criminal activity, they will contact the SRO. If the SRO determines that the violation is criminal, the SRO will take any necessary legal steps, in collaboration with school officials.

When the SRO becomes involved in an investigation into suspected criminal activity, the search and questioning must be treated as an interrogation, parents/guardians must be notified before the SRO interacts with the students, and parents/guardians are to be present when applicable. Provided, however, that nothing herein is intended to prevent the SRO from interviewing a student, without parental notification or consent (1) the SRO is investigating a suspected case of child abuse or maltreatment, and (2) Child Protective Services (CPS) or the SRO has either probable cause or good reason to believe that child abuse or maltreatment occurred, as outlined in the New York State Office of Children and Family Services Child Protective Services Manual. If the incident is not criminal, the SRO can serve in a counseling role to educate the students involved.

If the SRO participates in an investigation into an incident and/or confiscates evidence related to an incident, the SRO will be made available to testify and cooperate in any student conduct proceedings related to the incident.

3. Counselor

The School Resource Officer acts as a counselor. Police officers can offer advice, mediation and direction to students, parents, and faculty in various matters. Many students come forward to discuss issues with the SRO. In fact, students are encouraged to seek individual attention from the SRO. The SRO coordinates his or her activities with the Building Principal or Superintendent. The SRO is, within the standard work week, available for conferences with students, parents, and staff regarding law related issues, truancy or other problems. Nothing herein shall require the SRO to be a certified or licensed Counselor nor authorize the performance of any duty such SRO is not licensed to perform.

The SRO will support the District by patrolling the District’s schools on a regular basis, being visible, building positive relationships with staff, students, and community members, and monitoring for potential soft targets. The SRO will consult all safety teams, administration, teachers, and staff throughout all safety drills (i,e,. Fire Drills, Shelter in Place, Lockout, Lockdown, and Off-Site Evacuation). The SRO will provide and/or participate in training, including, but not limited to: (1) greeter training, (2) run hide fight training, (3) active shooter training, and (4) table top training.

4. Other Duties

The SRO may also be required to perform other duties as mutually agreed upon by the LCSD, the SRO, and the Chief of Police or SRO’s Immediate supervisor provided that the duty is legitimately and reasonably related to the SRO pro described in this Agreement and is consistent with Federal and State Law, local ordinances, and LPD and LCSD policies, procedures, rules and regulations.

SECTION 3. Supervision of the SRO

Each SRO shall remain the employee of LPD and shall not be an employee of LCSD. Each SRO shall remain responsive to the supervisor and the chain of command of LPD. LPD shall remain solely responsible for the SRO’s hiring, training, discipline or dismissal. Any allegation of improper conduct shall be referred to the SRO’s immediate supervisor, or the Chief of Police.

SECTION 4. Scheduling of the SRO

LPD agrees to assign three SROs on a full-time basis to LCSD during the regular school year (which does not include the summer school term).After both parties have agreed on the three SRO’s assigned by LPD to the LCSD, the LCSD will be responsible for the placement of the SRO’s in the district’s three buildings and at events requested and agreed upon by the Superintendent of Schools and LPD. Full time basis shall mean an assignment of eight hours per day less any scheduled vacation time, sick time, training time, court time, or any other police related activity. The SRO will not take vacation while school is in session unless approved by LPD. On scheduled workdays when school is not in session, the SRO will work as assigned by LPD.

SECTION 5. Overtime hours

In addition to the assignment of three SROs, as outlined in Section 4, LPD agrees to furnish LCSD with police officers as needed by LCSD for events, meeting, and functions outside of normal school hours. LPD agrees to furnish officers for these events in addition to the SRO’s normal assignments at no additional cost to LCSD up to 100 hours annually. Once the 100 hour bank has been expended LPD will continue to furnish LCSD with any officers requested for overtime details and LCSD will pay LPD on a per hour basis for the officer based on the officer’s current overtime rate of pay.

Overtime assignments will be requested from LPD only through the building principal with Superintendent’s approval or the Superintendent directly.

le certain overtime functions will necessitate that an SRO specifically attend (i.e. School safety meetings, follow up investigations requiring an SRO), other events will be staffed by other officers of LPD and will be selected for the details based on the current collective bargaining agreements between LPD PBA and Village of Liberty (ie. overtime assignments are offered on a rotating basis).

Due to current collective bargaining agreements, any officer who is called into work to participate in an overtime detail must receive a minimum of 3 hours of overtime. As such, the minimum amount of hours to be subtracted from the annual 100 hour bank and/ or to be billed per hour is 3 hours. An exception to this requirement is if an event occurs immediately after an officer’s normal work hours. In these instances only, the actual hours worked will be subtracted or billed.

LPD will advise LCSD annually when they have expended the 100 hour bank.

SECTION 6. Selection of SRO

LPD will select each SRO after consultation with LCSD. Factors which LPD shall consider during the selection process include the following:

• The SRO must be capable of conveying a positive police presence in the school and in the community.
• The SRO must have the ability to be a positive resource to the school, staff, students, parents and residents in the surrounding neighborhood.
• The SRO must agree to attend any necessary training schools or classes that are needed to increase his/her skills for the position.

SECTION 7. Removal of SRO

In the event the LCSD administration has cause to believe that a particular SRO is not effectively performing in accordance with the Agreement, the Superintendent may recommend in writing to the Chief of Police that the SRO be removed from the program. Within ten business days after receiving the recommendations, the Superintendent or his designee will meet with the Chief of Police or his designee to discuss the recommendation. If the problem cannot be resolved in the opinion of both the Superintendent and the Chief of Police, or their designees, then the SRO shall be removed from the program and a replacement SRO will be selected in accordance with this Agreement. The selection process shall not exceed 30 days after the removal of the prior SRO, and the new SRO shall commence work as soon as reasonably practicable after removal of the prior SRO.

SECTION 8. Funding

In consideration of LPD ‘s assignment of the three SROs to LCSD, LCSD agrees to pay, for each SRO, 80% of top patrol officer pay and benefits as per the current collective bargaining Agreement between the Liberty Police PBA and the Village of Liberty. This funding shall be adjusted to reflect any and all changes in the current or future collective bargaining agreements between the Village of Liberty PBA and the Village of Liberty for the duration of this Agreement. For the 2022-23 school year, the total cost to the LCSD shall not exceed $115.230.93 per SRO, absent overtime payments beyond the 100 hour bank as outlined in Section 5. Payments by the LCSD to the Village of Liberty shall be made monthly, upon receipt of a proper invoice from the LPD.

If the Village of Liberty applies for a federal COPS SRO grant which, if awarded, would provide funds to be used and applied against the pay and benefits to be paid to and on behalf of the SRO, upon receipt of such grant funds by the Village of Liberty the respective responsibilities of the parties hereto for the pay and benefits to be paid to and on behalf of the SRO shall be reduced pro rata by the amount of such COPS SRO grant, with LCSD being responsible for 80% and the Village of Liberty being responsible for 20% of the pay and benefits to be paid to and on behalf of the SRO after application and credit for the COPS SRO grant awarded.

The Village of Liberty shall notify the District within 10 business days after its receipt of a COPS SRO grant and the re-calculation of the LCSD’s cost under this Agreement.

The parties understand and acknowledge that the sums provided under this Agreement do not completely fund the position of a full-time police officer, and the LPD reserves the right to assign the officer to other police functions in the event of an emergent need, including but not limited to civil unrest or natural emergency. By way of illustration and not limitation, the SRO could be called out in order to deal with a developing police emergency in the Village of Liberty, returning to LCSD at the conclusion of the emergency situation.

SECTION 9. Insurance and Indemnification

The parties shall separately maintain their own appropriate liability and casualty insurance policies as they, in their sole discretion, deem appropriate. The parties further agree that no indemnification shall be provided for except as specifically set forth below and that the respective liability of the parties to each other and to third persons shall be determined in accordance with the laws of the State of New York. LCSD will protect, defend, indemnify and hold harmless LPD, its officers, employees or agents from any and all costs, claims, judgments or awards of damage arising out of or in any way resulting from negligent acts of omissions of LCSD, its officers, employees or agents. LPD will protect, defend, indemnify and hold harmless LCSD, its officers, employees or agents from any and all costs, claims, judgments or awards or damage arising out of or in any way resulting from negligent acts or omissions of LPD, its officers, employees or agents. In the event of concurrent liability, the Parties shall have the right of contribution in proportion to the respective liability of each party. Nothing contained in this Section shall be deemed to waive immunities established pursuant to State statute or to create third-party rights or Immunities.

SECTION 10. LCSD Responsibility for Safety and Security

Both parties understand and agree that LCSD retains its legal responsibility for the safety and security of the school district, its employees, students and property and that this Agreement does not alter that responsibility.

The SRO will serve on the District Safety Team and/or the Emergency Response Team for the District. Additionally, the SRO will consult with building and District administration to develop and organize emergency response procedures and protocols. This includes providing constructive feedback after drills and live events/incidents.

SECTION 11. Term of the Agreement

The Agreement shall be effective commencing the first day of September 2022 on which students attend school and expire on the last day of June 2024on which students attend school, unless mutually extended by the parties in writing. Upon expiration of the Agreement, all equipment furnished by LPD shall remain the sole property of LPD, and all facilities, office equipment, or other material support provided by LCSD shall remain the sole property of LCSD.

SECTION 12. Termination of Prior Agreement

This Agreement shall supersede and replace a prior intermunicipal agreement between the parties dated August 18, 2020 (the “2020 IMA”). Upon execution of this Agreement, the 2020 IMA shall be deemed terminated.

SECI1ON 13. Interviews and Arrest Procedures

If the SRO plans to interview suspects or victims of crime pursuant to Section 2 of this Agreement, the SRO, to the extent practicable, will advise the Principal or his/her designee and work with the Principal and his/her designee to minimize disruption to the school, staff, and students. In the event that the SRO wishes to Interview a student who is under age 16, LCSD employees will make parental notification and seek parental consent for such interviews in accordance with policy as established in LCSD regulations and applicable laws. Provided, however, that nothing herein is intended to prevent the SRO from interviewing a student, without parental notification or consent, in connection with a Child Protective Services (CPS) investigation of suspected child abuse or neglect or as requested by the Building Principal. The Principal or his/her designees may request to the SRO that s/he be present during the interview of a student. If permitted, the Principal or his/her designee will be present solely as an observer of the interview and not a participant therein. In the event that the SRO arrests a student at a LCSD school, the SRO shall notify the Principal or his/her designee as soon thereafter as practical. In the event that the arrested student is a juvenile, LPD will notify the parents or legal guardian pursuant to LPD policy and procedure. LCSD may also make notification as may be necessary under its own guidelines.

SECTION 13. Release of Student Information

Upon request by LPD, LCSD will provide directory information relating to its students, to the extent allowable under LCSD policy and State and Federal law.

SROs who qualify as school officials may only use personally identifiable information (“PII”) from a student’s educational record for the legitimate educational purpose for which the information was sought — that is, to promote school safety and the physical security of students, An SRO who is acting as a school official under FERPA may not re-disclose, without appropriate consent, Pll from education records to outside parties, including other employees of the SRO’s police department, who are not acting as school officials, unless such re-disclosure falls into a FERPA exemption.

SROs cannot detain students or otherwise interrogate them for the purpose of determining the students’ (or their families’) immigration status. An SRO’s request to access educational records to determine a student’s immigration status does not constitute a legitimate educational purpose authorizing such access. If an SRO obtains information about a student’s immigration status, the SRO is not authorized to re-disclose that information to other law enforcement officers or federal immigration officials.

SECTION 14: Reports

The SRO shall not provide police reports except as allowed by New York State law and/or LPD policies and procedures.

The SRO will provide information to the District to the extent necessary to complete the District’s School Safety and the Educational Climate (SSEC) documentation,

SECTION 15. Termination

This Agreement may be terminated by either party, with or without cause, upon 30 days written notice.

SECTION 16. Authorization

By resolution or otherwise pursuant to law, the governing bodies of the parties listed below have authorized their respective designated officials to execute this Agreement on their behalf. This Agreement may be executed in counterparts.

(signed)

John Nichols
President, Board of Education
Liberty Central School
Date:  7/7/2022

Steve D’Agata
Chief of Police
Village of Liberty Police Department
Date: 07/14/2022

Joan Stoddard
Mayor Village of Liberty
Date 7/21/2022

Amendment to the Intermunicipal Agreement Between Liberty Central School District and the Village of Liberty  for the School Resource Officer Program

This Amended Agreement (the “Amendment”) is entered into by and between the Liberty Central School District (“LCSD” or the “District”) and the Village of Liberty for services to be rendered by the Police Department of the Village of Liberty (hereinafter referred to as “LPD”).

WHEREAS, LCSD and LPD, by and through the Village Board of the Village of Liberty, are parties to the attached Intermunicipal Agreement between Liberty Central School District and the Village of Liberty for the School Resource Officer Program (“Agreement”), dated July 7, 2022, governing the School Resource Officer (“SRO”) Program at LCSD; and WHEREAS, LPD is a law enforcement agency authorized to provide police services to the LCSD schools located within the Village of Liberty and will assist in providing additional law enforcement services to these schools and will assist LCSD with meeting its principal goals;
and

WHEREAS, LCSD and LPD by and through the Village Board of the Village of Liberty desire to amend the Agreement to include the use of body cameras by SROs and the limitations on such use of body cameras:\

NOW, THEREFORE, LCSD and LPD by and through the Village Board of the Village of Liberty, agree as follows:

1. SROs may be equipped with body cameras. The body cameras will remain in buffering mode and will only be activated when SROs are operating in their law enforcement capacity or when faced with an adversarial adult in the school. When recording, an audible signal will be emitted from the body camera at regular intervals.

Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full
force and effect in accordance with its terms.

(signed)

John Nichols
President, Board of Education
Liberty Central School
Date:  4/18/2023

Steve D’Agata
Chief of Police
Village of Liberty Police Department
Date: 4/20/2023

Joan Stoddard
Mayor Village of Liberty
Date 4/20/2023