City, School officer agreement on Monday's board agenda
Steve Woodhouse Journal-Express
Knoxville —
The 28E agreement with the City of Knoxville is on the Monday, Jan. 28, Knoxville School Board agenda.
This agreement is in regard to the School Resource Officer position. The program existed years ago and was recently resurrected when the City received a federal grant that would cover the bulk of the costs of an additional police officer for three years, if the City agreed to pay all costs in the fourth year.
The City and School District have mutually agreed to split the costs of the local match the grant requires, to have an officer assigned to the schools full-time. A formal, written agreement is necessary for this to occur.
Also on Monday's agenda is the recognition of Randy Wilson, Knoxville Schools' Activities Director. Wilson was recently recognized as SE District MIddle School Athletic Director of the Year.
The board meets at 5:30 p.m. in the board of education meeting room at 309 West Main. Meetings are open to the public. The full agenda is pasted below. Look for coverage of the meeting in the Journal-Express.
AGENDA
REGULAR MEETING
OF THE BOARD OF EDUCATION
KNOXVILLE COMMUNITY SCHOOL DISTRICT
BOARD OF EDUCATION MEETING ROOM
309 WEST MAIN
Providing Opportunities – Committed to Success
MONDAY, JANUARY 28, 20135:30 P.M.
CALL TO ORDER
ROLL CALL
ADDITIONS, CORRECTIONS, AND APPROVAL OF AGENDA
CITIZENS ADDRESSING THE BOARD
CONSENT ACTION ITEMS
Approve Minutes; January 14, 2013, Regular Meeting
Approve Minutes; January 14, 2013, Special Meeting
Approve Minutes; January 22, 2013, Special Meeting
Approve Warrants
Personnel Issues
DISCUSSION ACTION ITEMS
Board’s Initial Proposal for 2013-14 Master Contract
Review 28E Agreement for School Resource Officer
Accept Mid-Year Athletics Financial Report
Recognize Randy Wilson
Review Proposed Calendar, 2013-14
INFORMATION ITEMS
Legislative Report
NEXT REGULAR MEETING - MONDAY, FEBRUARY 11, 2013; 5:30 P.M., WEST ELEMENTARY LIBRARY, 306 SOUTH PARK LANE
11. REVIEW 28E AGREEMENT FOR SCHOOLThe proposed 28E agreement for a school resource
RESOURCE OFFICER officer is provided. Revisions to the original
proposed agreement have been made. The proposed agreement is satisfactory with our attorney, with the city’s attorney, and with our insurance carrier. The board will be asked to approve the agreement at the February 11 meeting.
Next Regular Meeting - Monday, February 11, 2013; 5:30 p.m.; West Elementary Library, 306 S. Park Lane
REGULAR MEETING
KNOXVILLE BOARD OF EDUCATION
January 14, 2013
The Board of Education of the Knoxville Community School District met in regular session on Monday, January 14, 2013, at 5:30 p.m. in the library at the Knoxville Middle School, 102 North Lincoln, Knoxville, Iowa. President Miller called the meeting to order with Board Members McDonald, Mahoney, Vickroy, and Helle present.
President Miller asked if there were any additions or corrections to the agenda. There was one personnel item added to the agenda. Vickroy made a motion to approve the agenda as amended. McDonald seconded the motion. Roll Call: AYES – Vickroy, McDonald, Mahoney, Helle, Miller. NAYS –None.
President Miller asked if there were any citizens present who wished to address the Board. There were none.
Consent Action Items:
The consent action items considered by the Board were as follows:
1. Approve minutes of December 10, 2012, Regular Meeting
2. Approve Financial Statements
3. Approve Warrants
4. Approve a teaching contract for Paige Bolton, high school Family & Consumer Science, as well as FCCLS advisor
5. Accept the resignation of Josh Visser, GOAL teacher, effective upon the employment of a suitable replacement
6. Approve a work agreement for Deb Dakin, one-on-one associate at Northstar
McDonald made a motion to approve the consent action items as recommended. Mahoney seconded the motion. Roll Call: AYES – McDonald, Mahoney, Vickroy, Helle, Miller. NAYS - None.
Discussion Action Items
1. Middle School Report – 7th Grade Interdisciplinary Unit
Brian McNeill, Sara Finnegan, Angela Caughey, Kelsey Derby, and several middle school students presented information about the 7th grade interdisciplinary unit consisting of science, language arts and art classes.
2. Receive Initial Proposal for 2013-14 Master Contract (KEA)
Marty Duffy presented the Knoxville Education Association’s initial proposal for the 2013-14 master contract of 6.9% total package to the board of education.
3. Approve Students for Early Graduation
Vickroy made a motion to approve students for early graduation. Helle seconded the motion. Roll Call: AYES-Vickroy, Helle, McDonald, Mahoney, Miller. NAYS-None.
4. Enrollment in College Credit Classes (Kevin Crawford)
Kevin Crawford provided a summary of the college credit courses high school students have completed or are enrolled in.
5. Approve Termination of Employee Contract
Mahoney made a motion to approve the termination of the teaching contract with Kay Jensen, effective January 11, 2013. Helle seconded the motion. Roll Call: AYES-Mahoney, Helle, McDonald, Vickroy, Miller. NAYS-None.
6. Randy Wilson Track – Accept Project as Substantially Complete
Vickroy made a motion to accept the Certificate of Substantial Completion for the Randy Wilson Track renovation project. Mahoney seconded the motion. Roll Call: AYES-Vickroy, Mahoney, McDonald, Helle, Miller. NAYS-None
7. Designate Knoxville Journal Express the District’s Official Newspaper for Legal Publications
McDonald made a motion to designate the Knoxville Journal Express as the district’s official newspaper for legal publications. Mahoney seconded the motion. Roll Call: AYES-McDonald, Mahoney, Vickroy, Helle, Miller. NAYS-None.
8. Schedule for Holding Classes Due to Weather Cancellations
The board was given information regarding the current schedule for holding classes due to weather cancellations for the remainder of the 2012-13 school year.
9. Approve Purchase of Softball Scoreboard
Helle made a motion to approve the purchase of a Fair Play, 28’ softball scoreboard from Iowa Direct Equipment Appraisal for $10,500, plus $5,900 for installation. Vickroy seconded the motion. Roll Call: AYES-Helle, Vickroy, McDonald, Mahoney, Miller. NAYS-None.
10. Report – Auditorium Project
Dr. Flack provided the board with an update on the auditorium construction project.
Information Items
Information was provided to the board about the upcoming IASB Legislative Conference.
Helle made a motion to adjourn. McDonald seconded the motion. The motion carried and the time was 7:08 p.m.
The Board of Education of the Knoxville Community School District met in Special Session on Monday, January 14, 2013, at 5:30 p.m. in the conference room at the Knoxville Middle School, 102 North Lincoln, Knoxville, Iowa. President Miller called the meeting to order with board members McDonald, Vickroy, Mahoney, and Helle present. McDonald made a motion to approve the agenda. Vickroy seconded the motion. Roll Call: AYES –McDonald, Vickroy, Mahoney, Helle, Miller. NAYS – None.
At 5:31 p.m. Mahoney made a motion to enter Closed Session, as authorized by Iowa Code section 21.5(1)[a], of the open meetings law, to review records which are authorized to be kept confidential. Helle seconded the motion. Roll Call: AYES – Mahoney, Helle, McDonald, Vickroy, Miller. NAYS – None.
At 6:08 p.m., Mahoney made a motion to return to open session. Vickroy seconded the motion. Roll Call: AYES – Mahoney, Vickroy, Helle, McDonald, Miller. NAYS – None.
Helle made a motion to expel Student A for the remainder of the 2012-13 school year. McDonald seconded the motion. Roll Call: AYES – Helle, McDonald, Mahoney, Vickroy, Miller . NAYS – None.
Vickroy made a motion to adjourn the meeting; seconded by Mahoney. The motion carried, and the time was 6:10 p.m.
The Board of Education of the Knoxville Community School District met in Special Session on Monday, January 22, 2013, at 5:30 p.m. at the district administration office, 309 West Main, Knoxville, Iowa. President Miller called the meeting to order with board members McDonald, Vickroy, Mahoney, and Helle present. McDonald made a motion to approve the agenda. Mahoney seconded the motion. Roll Call: AYES –McDonald, Mahoney, Vickroy, Helle, Miller. NAYS – None.
At 5:28 p.m. Helle made a motion to enter Closed Session, as authorized by Iowa Code section 21.5(1)[a], of the open meetings law, to review records which are authorized to be kept confidential. Vickroy seconded the motion. Roll Call: AYES – Helle, Vickroy, McDonald, Mahoney, Miller. NAYS – None.
At 6:35 p.m., McDonald made a motion to return to open session. Vickroy seconded the motion. Roll Call: AYES – McDonald, Vickroy, Mahoney, Helle, Miller. NAYS – None.
McDonald made a motion to expel Student E for the remainder of the 2012-13 school year. Mahoney seconded the motion. Roll Call: AYES – McDonald, Mahoney, Vickory, Helle, Miller. NAYS – None.
McDonald made a motion to adjourn the meeting; seconded by Vickroy. The motion carried, and the time was 6:41 p.m.
AGREEMENT PURSUANT TO IOWA CODE CHAPTER 28E
BETWEEN THE CITY OF KNOXVILLE, IOWA, AND
THE KNOXVILLE COMMUNITY SCHOOL DISTRICT
REGARDING THE SCHOOL RESOURCE OFFICER PROGRAM
This Agreement Pursuant to Iowa Code Chapter 28E Regarding the School Resource Officer Program (“Agreement”) is entered into this 28th day of January, 2013, by and between the City of Knoxville, Iowa, an Iowa municipal corporation organized and existing under the provisions of Iowa Code Chapter 364 (hereinafter referred to as the “City”), and the Knoxville Community School District, an Iowa school corporation organized and existing under the provisions of Iowa Code Chapter 274 (hereinafter referred to as the “School District”).
WHEREAS, Iowa Code Chapter 28E authorizes public agencies such as the City and the School District to enter into an agreement for joint or cooperative action; and
WHEREAS, the City has obtained a COPS Grant which will partially fund an additional police officer in the City for a period of three (3) years with a further requirement that the City retain that officer for an additional year after the end of the COPS Grant period; and
WHEREAS, the City and the School District have discussed the possibility of the City placing a police officer in the School District as a School Resource Officer (“SRO”) during the period that the COPS Grant is in effect; and
WHEREAS, the City and the School District have reached an agreement wherein the City and the School District will equally share the costs of the SRO placed in the School District which are not covered by the COPS Grant; and
WHEREAS, the City and the School District have determined that such agreement will be to their mutual advantage and benefit and is otherwise in their best interests.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby agree with the other as follows:
1. Purpose and Scope of Agreement. The purpose of this Agreement is to establish an SRO program between the City and the School District.
The objectives of the SRO program include promotion of safe schools; promotion of a positive relationship among the City’s police department, the school district and its staff, the youth of the community and their families; and provision of educational support.
The City shall recruit, hire, train, assign, and supervise the SRO. The SRO shall not be deemed an employee of the School District while performing services pursuant to this Agreement, and shall not be entitled to any salaries, wages, or benefits from the School District. The School District shall be given the opportunity, however, to have input into the selection, evaluation, and retention of the SRO. The School District will be given an opportunity to participate in interviews with finalists for the SRO position, but the City shall have the right and authority to make the final determination of who to hire for the position.
The SRO shall comply with all applicable federal, state, and local laws and regulations. The SRO shall be subject to School District policies, rules, and regulations, as appropriate, while providing services under this Agreement, including specifically but without limitation, policies, rules, and regulations governing the confidentiality of student and staff records and the use of School District facilities and equipment, provided, however, that the City’s Police Department policies shall supersede School District policies, rules, and regulations when the SRO is conducting police activities.
2. Financing of Agreement. Upon the City hiring a police officer in conjunction with the requirements of the COPS Grant, the City will place a police officer in the Knoxville School District, said officer to be known as the SRO.
The parties understand and acknowledge that the police officer placed in the School District by the City will not be the same officer hired pursuant to the requirements of the COPS Grant; however, the costs to be shared by the City and the School District under this Agreement shall be based on the compensation of the officer hired pursuant to the COPS Grant.
The City and the School District shall each be responsible for one-half of the costs of the SRO placed in the School District. Such costs shall be calculated based on the amount of the total compensation, consisting of wages and benefits, of the police officer hired pursuant to the COPS Grant, less the amount of such costs covered by the COPS Grant funds. The City shall be responsible for providing compensation to the SRO for services performed pursuant to this Agreement. The School District agrees to reimburse the City for the School District’s one-half share of the costs, calculated as set forth herein, on a monthly basis within thirty (30) days after receipt of an invoice from the City documenting such costs.
The City will provide the SRO with a vehicle and all equipment necessary for the SRO in his role as a police officer.
The City shall act as fiscal agent under this Agreement. The City shall provide for regular audits of the receipt and expenditure of funds under this Agreement.
3. Duration of Agreement. The term of this Agreement shall begin on July 1, 2013, and shall continue for a period of four (4) years, until June 30, 2017.
4. Termination of Agreement. Either party may terminate this Agreement in the event that the other party fails to perform any term or condition of this Agreement, provided that the non-breaching party first gives the breaching party written notice specifying the breach and a period of at least sixty (60) days in which to cure the breach. In the event that the breaching party fails to timely cure the breach, then the non-breaching party may terminate this Agreement immediately for cause and may exercise any and all other rights and remedies available to it at law or in equity.
This Agreement may also be terminated by the mutual consent of the parties.
5. Insurance. The City and the School District shall each maintain Commercial General Liability insurance for protection of each, respectively, from any liability arising out of any accidents or other occurrences causing any injury and/or damage to any person or property arising from the performance of their obligations under this Agreement due directly or indirectly to the actions of the insured. If allowed by the respective parties insurance carriers, each party shall name the other as an additional insured on their policy as it pertains to this Agreement.
The City shall maintain Workers’ Compensation insurance for the SRO as statutorily required by the State of Iowa and Employer’s Liability insurance.
All required insurance shall be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. Each party shall be furnished with a certificate(s) of insurance required under this Agreement upon request. Such policies shall not be modified or cancelled except upon at least thirty (30) calendar days’ prior written notice to the other party to this Agreement.
6. Indemnification. To the extent permitted by law, each party shall indemnify and hold harmless the other party from and against any and all damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of the negligence, violation of law, or willful misconduct of the indemnifying party, or its officers, employees, or agents, in the performance of its duties under this Agreement. The foregoing paragraph shall survive termination of this Agreement with respect to any damage, loss, cost, or expense occurring prior to such termination.
7. No Separate Entity. No separate legal or administrative entity or joint board is created by this Agreement. The Superintendent of the School District and the City Manager of the City shall be designated as the administrators of this Agreement for the purposes of Iowa Code Chapter 28E and the operation of the SRO program under this Agreement. The Superintendent and the City Manager may designate other individuals, such as the School District’s Activities Director and the High School Principal and the City’s Chief of Police, to provide information and to participate in consultations in connection with this Agreement.
No joint budget shall be established for the purposes of this Agreement. However, for each year covered by this Agreement, the City shall provide timely notice to the School District of the expected costs for which the School District will be responsible under this Agreement for the School District’s budget planning purposes
8. Property. All property purchased by a party under this Agreement shall be and remain the property of that party. Upon termination or expiration of this Agreement, each party shall have sole custody and use of its respective property. It is not contemplated that any real property will be acquired for the purpose of carrying out the terms of this Agreement.
9. Status of the Parties. It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a cooperative contractual relationship. In no event shall either party be liable for the debts or obligations of the other party.
10. Miscellaneous.
A. Assignment and Subcontracting: Binding. Neither party may assign this Agreement or subcontract any of the duties in whole or in part, without the prior written consent of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
B. Notices. All notices or other communications to be given under this Agreement shall be deemed given when either personally delivered or mailed by first class mail, postage prepaid, with proper address to the following addresses until otherwise notified:
TO CITY: City Manager
City of Knoxville
305 S. 3rd St.
Knoxville, IA 50138
TO SCHOOL DISTRICT: Superintendent of Schools
Knoxville School District
309 W. Main Street
Knoxville, IA 50138
C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument.
D. Severability. If any provisions of this Agreement are for any reason held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions entered into, each of which shall be construed and enforced as if such illegal or invalid portion were not contained herein.
E. Governing Law and Forum. This Agreement shall be governed by and construed according to the laws of the State of Iowa. The parties consent to the jurisdiction of the appropriate federal or state court for Marion County, Iowa, for all matters relating to this Agreement.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written.
APPROVED BY THE CITY COUNCIL APPROVED BY THE BOARD OF DIRECTORS
By Resolution on _______________, 20__By Motion on ______________, 20__
CITY OF KNOXVILLE KNOXVILLE COMMUNITY SCHOOL DISTRICT
