Board Information

School Safety Officer Agreement

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

Website by SchoolMessenger Presence. © 2020 Intrado Corporation. All rights reserved.