September
1, 2020
THIS AGREEMENT is
made and entered into by and between the Board of Education of the Town of Webb
Union Free School District ("District")
located at P.O. Box 38, 3002 Route 28, Old Forge, New York 13420, and Andrew
Kalil, is affiliated with the Town of Webb Police Department located at 3139 State
Rte 28, Old Forge, NY 13420 (“Mr. Kalil”, collectively, the “Parties”).
RECITALS
WHEREAS,
the District is interested in determining the working conditions for Mr. Kalil,
who will be employed by the District under the civil service title of School Safety
Officer (“SSO”), sometimes referred to as a School Resource Officer or SRO;
WHEREAS,
the District wants to outline and delineate Mr. Kalil’s duties similar to a
School Resource Officer, subject to the specific terms as specified in this related
employment agreement (the “Agreement”).
WHEREAS, the District believes the services of a SSO
who is approved to carry a service weapon can provide a uniformed presence
within its schools as a deterrent to criminal behavior on the school campus and
to promote a greater sense of safety and security; and
WHEREAS, Mr. Kalil is willing to provide the services of
a School Safety Officer at the times and places, and under the terms and conditions
required by the District, some of which are described in this Agreement; and
WHEREAS, the specific terms related to some of the
duties and responsibilities for Mr. Kalil’s employment as an SSO for the District
are specified in this agreement and any other terms not addressed herein are
reserved to the discretion of the District pursuant to the requirements of law.
TERMS
NOW, THEREFORE, the Parties hereto agree as follows:
A. Qualifications
Mr. Kalil certifies
that in his employment in the District in the position of a School Safety
Officer, each of the following is true:
1.
That he is retired from and previously the Chief
of Police for the Town of Inlet and current member of the Town of Webb Police
Department;
2.
That he has been formally trained in, and is
experienced in various law enforcement procedures and investigative techniques,
to include New York’s Penal Law and Criminal Procedure Law, as well as any
applicable State, Federal, and Local laws and regulations;
3.
That is fit to perform the duties normally
associated with those of a SSO and he knows of no physical infirmity or
incapacity that will prevent him from discharging the duties of an SSO;
4.
That he presently has, and agrees to maintain,
his right to carry and possess a firearm via a valid New York State Pistol
Permit pursuant to the requirements of New York Penal Law §§ 400.00 and 400.01;
5.
That he will have access to a police weapon and
related equipment for use while on duty and in the employ of the District and
that he is responsible for maintaining his proficiency regarding its use;
6.
That to the extent any exist, he is familiar, or
will familiarize himself with any limitations his status as an SSO places on
his ability to perform any law enforcement related duties regarding activities
or incidents occurring on school grounds/property; and
7.
That he shall comply with all state and federal
laws and adhere to and abide by the District’s rules, regulations, policies and
procedures related to investigations, interviews, and search and arrest
procedures.
B. General Duties and
Responsibilities
The general
duties and responsibilities of the SSO shall include, but not be limited to,
the following:
1.
Provide for the security and safety of all
students, staff, and visitors, protect school property, and maintain order in
and around the school site.
2.
Provide intervention between students and/or
staff using appropriate techniques to calm and control situations.
3.
Provide assistance in crisis situations, e.g.,
disruptive parent/visitor, violent and/or out of control student or staff, etc.
4.
Assist with situations needing to be referred to
law enforcement, e.g., drug possession, acts of violence, etc.
5.
Report all violations of law, school rules,
regulations or policies to school administration and, where appropriate, to
local law enforcement agencies.
6.
Advise school administration of any circumstance
or situations that may create a potential for harm to persons, or damage to, or
loss of property.
7.
When requested to do so by the Superintendent or
their designee, screen persons entering the building or school grounds for any
contraband, including weapons.
8.
Take necessary action to prohibit loitering and
trespassing on school grounds.
9.
Question any individual not having appropriate
identification to ascertain his/her status and the purpose of their presence on
school property.
10.
Serve as a resource for
teachers, parents, administrators and students.
11.
Provide an open and obvious
presence in the building, i.e., patrol the hallways, visit the cafeteria, speak
with and develop a rapport with the students, etc.
12.
Attend special events held
during the school day, such as assemblies and presentations, and, where
directed by the Superintendent, non-school day events such as prom and large
sporting events.
13.
Where requested to do so,
provide presentations at faculty and staff meetings on law enforcement and/or
safety related topics and assist with staff professional development and
trainings on similarly related topics.
14.
Provide support for the
development of required school safety plans and the performance of safety and
evacuation drills.
15.
Engage in various prevention
activities, e.g., classroom presentations on bullying, internet safety, drug
use/awareness, stranger danger, etc.
16.
Perform investigations of
specific matters as directed by the Superintendent.
17.
Other activities as directed
by the Superintendent or their designee.
18.
At the outset of any
investigation, the SSO/SRO shall immediately make a determination as to whether
the conduct that is occurring or that is alleged to have occurred is a
potential violation of law or merely a student code of conduct violation. If
the SSO/SRO make an initial determination that the conduct is solely a code of
conduct violation, the matter will immediately be turned over to school
officials and will cease their investigation and take no part in the school’s
disciplinary process beyond that of a fact witness, if the need arises.
C. Chain of Command
The SSO’s primary point of contact will be the Superintendent of
Schools and/or their designee.
D. Reporting
of Crimes
If school personnel uncover evidence that a
crime has been committed as defined by statute and/or District
policy/regulation, or as determined by the school principal or his/her
designee, the school official shall notify the School Safety Officer, or in the
event of an emergency or the School Safety Officer 's absence, dial 911 for
police.
E. Limitations
This agreement
contains only limited terms and conditions as agreed upon between the Parties
related to the employment of the SSO. No
waiver, alterations or modifications of any provisions of this Agreement shall
be binding unless in writing and signed by the duly authorized representative
of the parties sought to be bound.
F. Execution
This Agreement shall be binding upon both parties when fully
signed and executed by the SSO and upon approval of the District’s Board of
Education.
G.
Termination
of the Agreement
The Parties agree that this
Agreement may be terminated upon written notice to the other party at said
party's designated address. In case of termination of said Agreement, the
District will be provided with all documents, notes, memoranda and reports (if
any) with respect to the SSO's service up to the effective termination date of
said Agreement. The Parties further
agree that this Agreement shall continue for the term of the SSO’s employment
with the District.
H.
Authorization
by the Board of Education to Carry a Service Pistol
In accordance with Article 265 of the New York State Penal Law,
the Board of Education approved the carrying of a firearm by an SSO employed by
the District at its meeting on June 5, 2020 and by its resolution, the Board of
Education has provided its affirmative written permission to an SSO employed by
the District such as Mr. Kalil to possess and carry a properly registered personal
firearm as approved by the Superintendent of Schools while on school property
and while in the performance of his/her duties for the District.
I.
Use
of Personal Protective Equipment
In consultation with the
SSO and as approved by the Superintendent, the District will provide personal protective
equipment such as a bullet proof vest and other types of body armor for the SSO’s
use with the expectation that the SSO will wear such personal protective
equipment while on duty for the District.
Such equipment will be kept in good repair and replaced and/or updated
on a regular basis in accordance with the normal standards employed for law
enforcement officers in the State of New York.
J.
Firearms
and Use of Force Training and Maintenance
The SSO will coordinate
with the New York State Police and the Town of Webb Police Department to ensure
regular and ongoing training in the proficient use of firearms and training in
the best practices for the proper and appropriate use of force for an SSO. Necessary training not provided through his
employment with the Town of Webb Police Department shall be paid by the
District.
K.
Rules
Regarding Use of Force
The SSO understands that
it is the District’s policy in accordance with the laws of the State of New
York that the SSO may engage in the use of force only where the defense of
justification pursuant to New York Penal Law Article 35 applies to the use of
such force. The defense of justification
is defined in Section 35.05 of Article 35 of the New York Penal Law states:
Such conduct is necessary
as an emergency measure to avoid an imminent public or private injury which is
about to occur by reason of a situation occasioned or developed through no
fault of the actor, and which is of such gravity that, according to ordinary
standards of intelligence and morality, the desirability and urgency of
avoiding such injury clearly outweigh the desirability of avoiding the injury sought
to be prevented by the statute defining the offense in issue. The necessity and justifiability of such conduct
may not rest upon considerations pertaining only to the morality and
advisability of the statute, either in its general application or with respect to
its application to a particular class of cases arising thereunder. Whenever evidence
relating to the defense of justification under this subdivision is offered by
the defendant, the court shall rule as a matter of law whether the claimed facts
and circumstances would, if established, constitute a defense.
In accordance with the
above legal requirements, the SSO will coordinate with the District to develop
proposals and recommendations for the Superintendent and the Board of
Education’s considerations for the modification and/or adoption of District policies
and/or administrative guidance regarding use of force by the SSO in the
performance of the SSO’s duties.
IN
WITNESS WHEREOF, the parties have executed this AGREEMENT on the ____ day of _________________,
2020.
By: Town of Webb Union Free School District
_____________________________________ _______________________
Rex
Germer, Superintendent Date
CERTIFICATION
BY SCHOOL DISTRICT BOARD CLERK
I, Diane Kull, Clerk of
the Board of Education for the Town of Webb Union Free School District, do
certify that this Agreement between the Town of Webb Union Free School District
and Andrew Kalil was duly approved by a majority vote of the voting strength of
the Board of Education on _________________, 2020.
_______________________________________________ ________________________
DISTRICT CLERK Date
By: School Safety Officer
_______________________________________________ ________________________
Andrew Kalil Date
SS: )
)
County of _______________ )
On the ___ day of
________________ in the year 2020 before me, the undersigned, personally
appeared _____________________________, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed
the instrument.
Notary Public