T. Town of Manlius Special Patrol Officer Agreement

Special Patrol Officer Agreement Between the Town of Manlius and the Fayetteville-Manlius Central School District

SPO Program 2023-24 (B. Damon)

SPO Program 2023-24 (G. Hack)

SPO Program 2023-24 (T. Leroy)

SPO Program 2023-24 (S. Mehlek)

SPO Program 2023-24 (B. Damon)

This Special Patrol Officer Agreement (the “Agreement”) is made as of the 8th day of August, 2022, by and between the Town of Manlius, a municipal corporation situated in the County of Onondaga, State of New York, whose principal address is 301 Brooklea Drive, Fayetteville, New York 13066 (the
“Town”); and the Fayetteville-Manlius School District of the County of Onondaga and State of New York, a municipal corporation whose principal address is, 8199 East Seneca Turnpike Manlius, New York 13104 (the “School District”). The Town of Manlius Police Department (“Manlius Police Department”) is a specific department within the Town’s government structure and does not constitute a separate entity or party to the Agreement. However, the Manlius Police Department will have primary responsibility for carrying out the duties and obligations set forth in this Agreement on behalf of the Town.

WHEREAS, Article 5-G of the New York State’s General Municipal Law (“GML”) provides the authority for “municipal corporations” to enter into agreements for the performance between themselves, or one for the other, of their respective functions, powers and duties on a cooperative contract basis; and

WHEREAS, the School District and the Town are both deemed to be “municipal corporations” as that term is defined by GML 119-n(a); and

WHEREAS, the School District and the Town have determined that it is in their mutual best interests to enter into this Agreement to provide for the assignment of dedicated officers of the Manlius Police Department to serve as Special Patrol Officer(s) in the School District.

NOW, THEREFORE, the parties hereby agree as follows:

1.0 TERM OF AGREEMENT

1.1 This Agreement is for the academic school years of 2022-23 and begins on September 1, 2022 and expires on June 30, 2023, without notice, unless terminated earlier as provided in this Agreement (the “Term”).

2.0 General Terms and Conditions

2.1 The Town and School District have voluntarily chosen to enter into the Agreement in order to have Peace Officer(s) placed within the School District.

2.2 These Peace Officer(s) shall be referred to under this Agreement as Special Patrol Officers (“SPOs”). For the purposes of this Agreement, the term “SPO” shall include those officers specifically selected for (and assigned to) the Schools for a specific academic year as SPOs will be responsible to serve and perform the job duties described herein, to the extent consistent with the parties overall objectives and responsibilities described herein (collectively “SPO Services”).

2.3 The SPO assignment is intended to be a daytime assignment to be performed Monday through Friday, eight (8) hours per day concurrent with the school day and the School District’s academic calendar. The SPO worksite shall include the SPOs assigned School, as well as any other associated buildings and grounds on the assigned school premise.
Occasionally, the SPOs may be temporarily assigned to other schools within the School District on an as-needed basis.

2.4 The Town agrees that the SPO Services rendered under this Agreement will be in compliance with applicable federal, state, or local laws, rules and regulations pertaining to the Town’s provision of services under an inter-municipal agreement pursuant to GML Article 5-G.

3.0 SPO Program Objectives

The objectives of the SPO program are to:

3.1 Provide a police presence in the Schools in order to promote and provide an atmosphere of enhanced school safety for faculty, staff, students and school visitors;

3.2 Provide a law enforcement resource to students, teachers, school administrators and parents, so as to increase student awareness about crime prevention, internet safety, conflict resolution, violence prevention, restorative justice and peer mediation;

3.3 Increase school faculty and staff awareness about policies and procedures for preventing/responding to incidents of violence and other threats to school safety;

3.4 Facilitate crime prevention, law enforcement and security consultation;

3.5 Build lines of communication and promote positive attitudes between students and the Manlius Police Department;

3.6 Provide a counseling resource to students who may be experiencing a variety of school, family, or social problems;

3.7 Proactively address problems and pressures as they relate to students before such problems manifest into socially and legally unacceptable behavior (including, but not limited to, the use of alcohol, drugs, and/or tobacco, as well as issues involving peer pressure, gang activity, sexual activity, etc.);

3.8 Provide a positive role model for students; and

3.9 Provide education in law enforcement, as requested and appropriate.

4.0 Qualifications for SPO

The SPO shall:

4.1 Be, and remain at all times, properly licensed and/or credentialed as a Peace Officer in accordance with applicable law;

4.1.1 Upon request, the Town shall provide the School District with copies of any assigned SPO’s license(s) and/or credentials(s);

4.1.2 If, at any time during the Agreement, the license and/or required credentials of an SPO providing SPO services are revoked, terminated, suspended or otherwise impaired, the Town shall remove the individual from performing SPO services under this Agreement, and shall promptly notify the School District.

5.0 HIRING AND IMPLEMENTATION OF THE SPO

5.1 The School District reserves the right to participate in the Town’s hiring and interview process for any individual proposed to perform SPO Services at the School.

5.2 The School District also reserves the right to reject any individual assigned by the Town to perform SPO Services at the Schools for failure to properly perform the SPO services or to request a cancellation of any component of the SPO Services which the School District reasonably believes is inappropriate or inapplicable. However, no such action by the
School District shall result in a reduction in the agreed upon the Contract Fees and Expenses set forth in the Agreement, nor require and SPO to conduct himself or herself in a manner contrary to, or in violation of, proper Peace Officer policies, protocols and procedures.

5.3 The Town shall notify the School District in writing within one (1) school day of the termination of the services of the SPO assigned to the School District. The parties shall meet and confer within two (2) school days of such notice to discuss the replacement of the SPO. The School District may refuse the services of a particular replacement SPO for reasonable cause and shall provide the Town with one (1) school days’ notice of its intent to do so
5.4 In the event the SPO is absent from work, the SPO shall notify a Police Supervisor and the School District clerk prior to the SPO’s scheduled arrival time.

6.0 Fingerprints and Criminal Clearance

6.1 To the extent necessary to obtain clearance, the Town shall be responsible for facilitating and conducting criminal background checks and criminal clearance reviews for SPOs.

6.2 The Town shall be responsible for all costs associated with the required fingerprinting and criminal background checks and clearance for SPOs under the Agreement.

7.0 SPECIFIC RESPONSIBILITIES OF THE TOWN OF MANLIUS POLICE DEPARTMENT

7.1 In addition to any other responsibilities of the Town set forth in this Agreement, the Town and the Manlius Police Department will cooperate with the School District to implement the SPO Program in the Schools with the least possible disruption to the educational process.

7.2 The Town – through the Manlius Police Department – may enlist the assistance of other law enforcement agencies with appropriate jurisdiction as circumstances warrant, under the Agreement.

7.3 The Town will be responsible for submitting requests for retirement waivers pursuant to Section 212(3) of the New York State Retirement and Social Security Law, as applicable. However, the Town is not responsible for the outcome of any such waiver request, nor can the Town guarantee that any such waiver request will be approved by New York State.

8.0 SPECIFIC RESPONSIBILITIES OF THE SCHOOL DISTRICT

In addition to any other responsibilities of the School District set forth in the Agreement, the School District will:

8.1 Designate a School Building Administrator who shall serve as the building-level School representative for the SPO program;

8.2 Provide the SPO with access to its School facilities, personnel and students as reasonably required to fulfill the SPO’s duties under this Agreement;

8.3 Ensure that school personnel, School Board Members, students and parents are informed of the duties and presence of the SPO in the School;

8.4 Provide time and appropriate space for the SPO to conduct approved staff, student and parent training;

8.5 Provide space for the SPO to store instructional materials and perform necessary tasks directly related to the SPO program;

8.6 Cooperate with the Town to supply any relevant information needed for purposes of submitting retirement waivers for the SPOs; and

8.7 Cooperate with the Manlius Police Department and SPO relative to the scheduling of time off in the event of an SPO’s illness or injury.

9.0 INFORMATION SHARING

9.1 The School District will share relevant information about school safety issues with the SPO including, but not limited to:

9.1.1 School District and School building safety/crisis plans, including for any other school to which the SPO may be assigned;

9.1.2 The School District’s Code of Conduct;

9.1.3 Uniform violent incident reports in accordance with New York State Education Law and the Safe Schools against Violence in Education Act; and

9.1.4 Reports pertaining to alleged incidents of Child Abuse in an Educational Setting.

10.0 INFORMATION SHARING BY THE TOWN

The Town and SPO will share relevant information, to the extent permitted by law, about school safety issues with the School District including, but not limited to:

10.1.2 Any information pertinent to school safety and/or safety of individuals on School property; and

10.1.3 Any training or educational opportunities for an SPO or School District representatives relative to school safety.

11.0 SPECIFIC DUTIES OF SPECIAL PATROL OFFICERS (SPOs)

In addition to any other duties specifically set forth in the Agreement, an SPO assigned to the School District shall provide SPO Services intended to meet the program objectives, including, but not limited to the following:

11.1 Patrol and observe all areas of the assigned School(s) and corresponding grounds;

11.2 Be visible and available to the students, faculty, and administration;

11.3 Keep the peace and help maintain a safe and orderly school community;

11.4 Develop and maintain a positive and open relationship with students, faculty and parents;

11.5 Present educational programs to students on various topics, including conflict resolution,
restorative justice, crime awareness, anger management, etc.;

11.6 Present educational programs to School employees, parents and School Board Members;

11.7 Build community relationships by serving a liaison between the Town (which includes the Manlius Police Department) and the School District;

11.8 Survey the needs of the Schools and address crime and disorder problems, as well as drug activities affecting or occurring in or around the Schools;

11.9 Assist Schools with security concerns and identify physical changes in the environment that may reduce crime in or around the Schools;

11.10 Develop or expand crime prevention efforts for students;

11.11 Educate potential school-age victims in crime prevention and safety;

11.12 Assist in the development of School policies that address crime issues and recommend procedural change(s), where appropriate;

11.13 Assist Schools in meeting safety and security goals and any related requirements mandated by New York State Law;

11.14 Take appropriate law enforcement action with regard to any criminal activities that the SPO observes or that are reported directly to the SPO, including investigation of any suspected or actual criminal activity that might otherwise be investigated by a local police agency; and

11.15 Investigate other emergency situations and summon aid and assistance as needed (e.g., Fire Department, ambulance, etc.);

11.16 The SPO shall not be responsible for, or have authority to, enforce School rules. Matters of school discipline shall be referred to the appropriate School Principal or School District Administrator for further review and action;

11.17 The SPO shall not detain or question students regarding their immigration status;

11.18 In fulfilling his/her duties the SPO shall not discriminate on the basis of race, color, sex, national origin, language status, disability, religion, sexual orientation, or membership in any other protected class.

11.19 The SPO shall comply with all Federal, State and local laws as well as school District policies.

12.0 SUPERVISORY AUTHORITY

12.1 The SPOs assigned to the School District pursuant to the Agreement are under the direct and sole supervision and authority of the Town’s Chief of Police and other Command Officers within the Manlius Police Department. The SPOs assigned to the School District shall comply with all general and specific SPO policies or protocol/procedure directives prepared by the Manlius Police Department.

12.3 The Manlius Police Department will share a copy of any SPO policy or protocol/procedure direction with the School District.

12.4 The Manlius Police Department will also provide a copy of all SPO policies or protocol/procedure directives to SPOs assigned to the School District.

12.5 In the performance of the duties described herein, the SPO shall regularly coordinate and communicate with the Principal or the Principals’ designee of the schools to which they are assigned. The Principal or designee shall contact the SPO Supervisor assigned by the Town for such purpose in the event of any question regarding the performance of duties by an SPO. However, the SPO shall remain under the direct and exclusive control and supervision of the Town on all matters relating to the duties of the SPO under this Agreement.

12.6 The SPO shall not be an employee of the School District.

12.7 The Parties shall confer and agree regarding the SPO’s attire while on duty.

13.0 PROGRAM EVALUATION

13.1 The School District will provide timely evaluations to the Manlius Police Department to enable required progress reports to be completed in an efficient and timely manner.

13.2 Any evaluation instruments for completion by selected students, school staff, school administrators, and community members will be developed collaboratively by the School District and the Manlius Police Department in order to ensure objective evaluation criteria are established and applied.

14.0 CONTRACT FEES AND ADDITIONAL COSTS

14.1 The School District agrees to pay the Town for Contract Fees and Costs associated with the placement of SPOs in the School District as set forth herein.

14.2 SPOs will be assigned to the School District for a period of approximately one hundred eighty six (186) days per academic year for a minimum of eight (8) hours each day, at a rate of pay of Thirty Three dollars ($38.00) per hour plus reimbursement to the Town for the Town’s expenses and contributions for FICA, Medicare, Workers’ Compensation, if any, and other mandated employer payments or contributions made on behalf of these employees.

14.3 SPO’s shall only work school related functions and events. SPO’s will not routinely be asked to work beyond their normal schedule; however, if the need exists, and falls within the below listed criteria, they
may work overtime and will be compensated accordingly. For planned/scheduled extracurricular school activities (e.g., sporting events, dances, graduations) where secondary employment requests were traditionally made, and offered to full-time PBA members, the PBA shall offer those jobs to full-time PBA members first, through regular posting. Posting shall be made well in advance to ensure the fair and equitable distribution of secondary employment opportunities. All postings shall include a deadline date/time well prior to the event, to suitably accomplish scheduling needs. Once the deadline date/time has passed, and only if openings still exist, SPO’s may be offered those jobs accordingly. In a timely manner, the PBA shall communicate to the
secondary employment requester the results of said postings. School specific events, which were never traditionally offered to full-time PBA members as secondary employment opportunities; to include non scheduled unforeseen incidents or circumstances where an SPO is needed immediately (e.g., school threats, potential for harm) may be offered to an SPO at the discretion of the appropriate school official without first posting. SPOs have the equal right of first refusal (with the SIROs assigned to the district) on overtime earning opportunities.

14.4 The SPO’s regular duty hours shall be 7:45 a.m. until 3:45 p.m. unless this schedule is modified by mutual agreement between the Town and the School District, or the Principal of the building to which the SPO is assigned on a given day.

14.5 Additional expenses (e.g., meals, tolls, travel, etc.) may be incurred, for In Service Training (48 hours annual minimum), supplemental schools, seminars or additional services, at the agreed-upon reimbursement and hourly rate, with prior authorization from the School District’s Superintendent.

14.6 The Manlius Police Department will design appropriate verification forms which will be made available to authorized School District personnel for auditable proof of services performed for the School District. The School District will be invoiced three times per year – in January for services rendered from September through December, in April for services rendered from January through March and in July for services rendered from April through June – for the actual costs incurred by the Town in accordance with this Agreement. The School District agrees to make full payment to the Town within 30 business days from receipt of the invoice.

14.7 The School District further agrees to reimburse the Town for up to $10,000 per SPO officer, per academic year, to cover the costs for uniforms, equipment and training (Additional Costs). Any applicable reimbursement for the Additional Costs will be invoiced to the School District. The equipment and uniforms purchased in the Agreement shall
remain the property of the Town, except as otherwise provided herein.

14.8 The parties acknowledge, however, that the cost of living, as well as costs for uniforms, equipment and training may increase from year one to year two of this Agreement. Accordingly, the parties understand and agree that future rate increases will be mutually agreed upon in writing prior to implementation.

14.9 Except as otherwise provided herein, the Town agrees that the Contract Fees and Additional Costs set forth herein are the exclusive fees for all SPO services provided under the Agreement.

15.0 TOWN AS AN INDEPENDENT CONTRACTOR

15.1 The Town shall provide SPO Services to the School District as an independent contractor, and any and all SPO Services performed by the Town and its employees or agents under this Agreement shall be performed in such capacity.

15.2 The Town’s employees, consultants, or agents shall not hold himself/herself out as, nor claim to be, an officer or employee of the School District, nor make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the School District, including, but not limited to, Workers’ Compensation coverage,
unemployment Insurance benefits, Social Security coverage, Disability benefits, New York State Retirement membership or credit, etc.

15.3 The Town shall not have, nor hold itself out as having, the authority or power to bind or create liability for the School District by the Town’s acts or omissions.

15.4 It is agreed by the Town and the School District that neither federal, state, or local income taxes nor payroll taxes of any kind, including, but not limited to F.I.C.A. or F.U.T.A., will be withheld or paid by the School District on behalf of any Town employee, consultant, or agent in connection with this Agreement.

15.5 Said employment withholdings and/or payments are to be made by the Town in compliance with all federal, state, and local laws, rules or regulations.

15.6 Provided the School District timely pays the Town the Fees established, the Town agrees to pay and/or withhold all applicable taxes, including income taxes, Workers’ Compensation Insurance, unemployment insurance payment, disability insurance payment, and/or any other payments that may be required under the laws, rules, or regulations of any government agency having jurisdiction over the Town or its relationship with the School District, and further agrees to indemnify and hold the School District harmless against any claim, cost, penalty, damage, or expense (including reasonable attorneys’ fees) related to either parties nonpayment and/or underpayment of any such taxes or payments.

15.7 The School District acknowledges that it shall have no ability to control the manner, means, details or methods by which the Town or its agents perform SPO Services under this Agreement, unless otherwise addressed in this Agreement and except as required by federal, state, or local laws, rules, and regulations.

15.8 These provisions shall survive any expiration, termination, or non-renewal of the Agreement.

16.0 TERMINATION OF THE AGREEMENT

Either party may terminate this Agreement, at any time, for any reason, by providing thirty (30) days advance notice to the other party. Such notification shall be made, in writing, and sent via a trackable overnight delivery method (e.g., FedEx, UPS, USPS Express Mail, etc.) to the other party at its principal address.

17.0 EXTENSION OR RENEWAL

17.1 Negotiations for any contract renewal will begin during the month of May 2022.

17.2 The parties will each be responsible for initiating such negotiations. The failure of a party
to initiate or to be affirmatively non-receptive to such initiation by the other party shall
be deemed treated as a firm intent not to renew the Agreement.

18.0 RECIPROCAL INDEMNIFICATION

18.1 The Town shall indemnify and hold harmless the School District from and against any and all losses, damages, judgments, claims, causes of action, costs, expenses, and other liabilities (collectively, “Liabilities”) to the extent such liabilities arise from the negligent or other wrongful acts or omissions, or any such legal or contractual duties or obligations
assumed by the School District, of the Town, its officers, and employees, (including the SPO), or from the Town or any such person’s or the Town’s material breach of, or default hereunder.

18.2 The School District shall indemnify and hold harmless the Town from and against any and all losses, damages, judgments, claims, causes of action, costs, expenses, and other liabilities (collectively, “liabilities”) to the extent such liabilities arise from negligent or other wrongful acts or omissions or of any such legal or contracted duties or obligations assumed by the School District, of the School District, its officers, and employees, or from the School District’s material breach of, or default hereunder.

19.0 CONTROLLING LAW AND VENUE

This Agreement shall be interpreted pursuant to the laws of the State of New York, without regard to New York’s conflict of laws provision. If an action is filed to enforce this Agreement, the parties agree that such action must be filed exclusively in a court of competent jurisdiction in Onondaga County, New York, and the parties expressly consent to the jurisdiction of such court.

20.0 ASSIGNMENT

This Agreement may not be assigned by either party.

21.0 ENTIRE AGREEMENT

This Agreement may not be altered except by a writing signed by both parties. Furthermore, this Agreement represents the entire agreement and understanding between the parties and supersedes all prior agreements between the parties, written or oral.

22.0 INTERPRETATION

The language of all parts of this Agreement in all cases shall be construed as a whole, according to its fair meaning, and not strictly for or against any party, regardless of who drafted it.

23.0 INSURANCES

The District agrees to obtain and continue to maintain in full force and effect its general liability insurance, public insurance, and automotive insurance relative to the SPO Services to be performed under the Agreement, with limits of not less than $500,000 per occurrence and $1,000,000 in the annual aggregate.

24.0 PROTECTION OF CONFIDENTIAL DATA.

The Town shall provide its Services in a manner which protects Student Data (as defined by 8 NYCRR 121.1(q)) and Teacher or Principal Data (as defined by 8 NYCRR 121.1(r)) (hereinafter “Confidential Data”) in accordance with the requirements articulated under Federal, New York State and local laws and regulations, including but not limited to the foregoing:

24.1 The Town will adopt technologies, safeguards and practices that align with the NIST Cybersecurity Framework.

24.2 The Town will comply with the School District Data Security and Privacy Policy, Education Law § 2-d, and 8 NYCRR §121.

24.3 The Town will limit internal access to personally identifiable information to only those employees or sub-contractors that need access to provide the contracted services.

24.4 The Town will not use the personally identifiable information for any purpose not explicitly authorized in this Agreement.

24.5 The Town will not disclose any personally identifiable information to any other party without the prior written consent of the parent or eligible student, unless otherwise authorized pursuant to applicable law.

24.6 The Town will maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of personally identifiable information in its custody.

24.7 The Town will use encryption to protect personally identifiable information in its custody while in motion or at rest.

24.8 The Town will not sell personally identifiable information nor use or disclose it for any marketing or commercial purpose or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so.

24.9 In the event The Town engages a subcontractor to perform its contractual obligations, the data protection obligations imposed on the Town shall apply to the subcontractor.

25.0 DATA BREACH

In the event that Confidential Data is accessed or obtained by an unauthorized individual, The Town shall provide notification to the School District without unreasonable delay and not more than seven calendar days after the discovery of such breach. The Town shall follow the following process:

25.1 The security breach notification shall be titled “Notice of Data Breach,” shall be clear, concise, use language that is plain and easy to understand, and to the extent available, shall include: a brief description of the breach or unauthorized release; the dates of the incident in the date of discovery; a description of the types of Confidential affected; an
estimate of the number of records affected; a brief description of the Town’s investigation or plan to investigate; and contact information for representatives who can assist the School District with additional questions.

25.2 The Town shall also prepare a statement for parents and eligible students which provides information under the following categories: “What Happened,” “What Information Was Involved,” “What We Are Doing,” “What You Can Do,” and “For More Information.”

25.3 Where a breach or unauthorized release of Confidential Data is attributed to The Town, and/or a subcontractor or affiliate of The Town, The Town shall pay for or promptly reimburse the School District for the cost of notification to parents and eligible students of the breach.

25.4 The Town shall cooperate with the School District and law enforcement to protect the integrity of investigations into the breach or unauthorized release of Confidential Data.

25.4.1 The name and contact information of the reporting School District subject to this section.

25.4.2 A list of the types of personal information that were or are reasonably believed to have been the subject of a breach.

25.4.3 If the information is possible to determine at the time the notice is provided, then either (1) the date of the breach, (2) the estimated date of the breach, or (3) the date range within which the breach occurred. The notification shall also include the date of the notice.

25.4.4 Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided.

25.4.5 A general description of the breach incident, if that information is possible to determine at the time the notice is provided.

25.4.6 Information about what the agency has done to protect individuals whose information has been breached.

25.4.7 Advice on steps that the person whose information has been breached may take to protect himself or herself.

25.5 The Town further acknowledges and agrees to have a written incident response plan that reflects best practices and is consistent with industry standards and federal and state law for responding to a data breach, breach of security, privacy incident or unauthorized acquisition or use of Protected Data or any portion thereof, and agrees to provide Client, upon request, with a copy of said written incident response plan

26.0 ADDENDUM

The following addenda attached hereto shall be incorporated into the Agreement:

Addendum A: Parents’ Bill of Rights for Data Privacy and Security

Addendum B: Parents’ Bill of Rights – Supplemental Information Addendum

Addendum C: The Town’s Data Security and Privacy Plan

27.0 WAIVER

The failure of any party to insist on the strict performance of any provision of this Agreement or to exercise any right under this Agreement shall not constitute a waiver of such provisions or right. A waiver is effective only if in writing and signed and delivered by the waiving party.

28.0 MUTUAL COVENANTS

28.1 The undersigned representatives of the two contracting parties, in signing, hereby represent that they are authorized and empowered by their respective Boards (as applicable) to enter into this Agreement. Consent to the terms of this Agreement is signified by the signatures below.

28.2 It is agreed by and between the parties that any provision of this Agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional funds therefore shall not become effective until the appropriate legislative body has given approval.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written.

TOWN OF MANLIUS
John Deer, Town Supervisor

FAYETTEVILLE-MANLIUS CENTRAL SCHOOL DISTRICT
Dr. Craig Tice, Superintendent of Schools

SPO Program 2023-24 (G. Hack)

This Special Patrol Officer Agreement (the “Agreement”) is made as of the 8th day of August, 2022, by and between the Town of Manlius, a municipal corporation situated in the County of Onondaga, State of New York, whose principal address is 301 Brooklea Drive, Fayetteville, New York 13066 (the “Town”); and the Fayetteville-Manlius School District of the County of Onondaga and State of New York, a municipal corporation whose principal address is, 8199 East Seneca Turnpike Manlius, New York 13104 (the “School District”). The Town of Manlius Police Department (“Manlius Police Department”) is a specific department within the Town’s government structure and does not constitute a separate entity or party to the Agreement. However, the Manlius Police Department will have primary responsibility for carrying out the duties and obligations set forth in this Agreement on behalf of the Town.

WHEREAS, the School District and the Town are both deemed to be “municipal corporations” as that term is defined by GML 119-n(a); and

NOW, THEREFORE, the parties hereby agree as follows:

1.0 TERM OF AGREEMENT

2.0 General Terms and Conditions

2.1 The Town and School District have voluntarily chosen to enter into the Agreement in order to have Peace Officer(s) placed within the School District.

3.0 SPO Program Objectives

The objectives of the SPO program are to:

3.1 Provide a police presence in the Schools in order to promote and provide an atmosphere of enhanced school safety for faculty, staff, students and school visitors;

3.3 Increase school faculty and staff awareness about policies and procedures for preventing/responding to incidents of violence and other threats to school safety;

3.4 Facilitate crime prevention, law enforcement and security consultation;

3.5 Build lines of communication and promote positive attitudes between students and the Manlius Police Department;

3.6 Provide a counseling resource to students who may be experiencing a variety of school, family, or social problems;

3.8 Provide a positive role model for students; and

3.9 Provide education in law enforcement, as requested and appropriate.

4.0 Qualifications for SPO

The SPO shall:

4.1 Be, and remain at all times, properly licensed and/or credentialed as a Peace Officer in accordance with applicable law;

4.1.1 Upon request, the Town shall provide the School District with copies of any assigned SPO’s license(s) and/or credentials(s);

5.0 HIRING AND IMPLEMENTATION OF THE SPO

5.1 The School District reserves the right to participate in the Town’s hiring and interview process for any individual proposed to perform SPO Services at the School.

5.3 The Town shall notify the School District in writing within one (1) school day of the termination of the services of the SPO assigned to the School District. The parties shall meet and confer within two (2) school days of such notice to discuss the replacement of the SPO. The School District may refuse the services of a particular replacement SPO for
reasonable cause and shall provide the Town with one (1) school days’ notice of its intent to do so

5.4 In the event the SPO is absent from work, the SPO shall notify a Police Supervisor and the School District clerk prior to the SPO’s scheduled arrival time.