Monday there are two BOE meetings. One is the Board of Estimates, which is the city finance meeting. One is the Madison School Board of Board of Education. Both will be voting on the contract for police in schools on Monday (4:30 and 6:00). The Common Council will (most likely) vote the day after Labor Day.
CITY FINANCE COMMITTEE
The Board of Estimates meets at 4:30 on Monday. They meet in room 260 of the Municipal Building. This item is number 18. This item was never sent to the council for referral to committees, it comes straight to the Board of Estimates with only the Mayor as a sponsor. Had this gone to the council they likely would have referred it to additional committees (Public Safety Committee, Education Committee or Equal Opportunities Commission). The mayor had introduced this earlier, then withdrew it. And of course, now there is no time for any city or public input.
Our city elected officials aren’t voting on much, they have no details. They have a resolution before them that simply says:
Fiscal Note
Under the terms of this contract, the Madison Metropolitan School District reimburses the City for salary and benefit costs of the Educational Resource Officers, $341,000 for the 2016 calendar year. Revenues and expenditures associated with the Fall 2016 portion of this new contract are included in the Police Department’s 2016 Operating Budget (MUNIS account 31100-52310). Revenues and expenditures associated with the 2017 portion of this new contract are included in the Police Department’s 2017 Operating Budget request. Future years’ budgets will need to include the applicable revenues and expenditures.Title
Authorizing the Mayor, Police Chief and the City Clerk to sign a contract with the Madison Metropolitan School District (MMSD) to provide Educational Resource Officers for the four MMSD high schools for a three-year term, through the 2018-2019 school yearBody
WHEREAS, the Madison Metropolitan School District (MMSD) and the City have jointly determined that Community Based Policing via an Educational Resource Officer (ERO) Program is mutually beneficial; and,WHEREAS, ERO duties include law enforcement, training of school staff, participation in school administration, and acting as an educational resource to students and parents; and,
WHEREAS, the City and MMSD had a contract for the placement of four full-time Madison Police Officers as EROs within the four MMSD high schools, through the 2015-2016 school year; and,
WHEREAS, under the existing contract the MMSD reimburses the City for salary and benefit costs, based on average police officer salaries and benefits identified in a contract for services; and,
WHEREAS, the Police Department desires to renew the contract for three years with minor details to be negotiated.
NOW, THEREFORE, BE IT RESOLVED that the Police Department is authorized to negotiate the terms of a renewal contract with the MMSD for a renewal term of up to three years; and,
BE IT FINALLY RESOLVED that the Mayor, Police Chief and City Clerk are authorized to sign a contract with MMSD to provide Educational Resource Officers to the four MMSD high schools for a three-year term, through the 2018-2019 school year.
Looks like the Police Department is being left to negotiate the details of this contract. And whatever they come up with the Mayor and Clerk are being asked to sign without the final details going back to the council or, apparently, without them ever knowing what is in the contract? There is no contract attached for them to review. It’s like our alders are irrelevant, or being made to be irrelevant in this controversial issue.
SCHOOL BOARD
Their meeting is at 6:00 at the McDaniels Auditorium in the Doyle Administration Building (545 W. Dayton St.) They have significantly more information.
It is recommended that the Board of Education approve entering into an Agreement with the City of Madison for the provision of Education Resource Officers covering MMSD school years 2016-17, 2017-18, and 2018-19 as set forth in the documents prepared for the August 29, 2016, Regular meeting.
The cover memo is most helpful. In reading it you will see that the first changes to the contract were as follows:
– 3 year contract – Section 21, pg. 4, Term and Renewal Updated the term to 2016/17, 2017/18, and 2018/19
– School input into if the officer stays at the school for another year – Attachment A, Section I, pg. A-1 Regarding the term an ERO remains at a school, added the following language: If an ERO is eligible for a one year extension, the principals of the named high schools may provide input on said extension, understanding the final decision is that of the Chief of Police.
– Debriefing with staff on all use of force incidents – Attachment A, Section II.D., pg. A-2 Added requirements for mutual debriefing of all ERO use of force incidents
– Sharing student information – Attachment A, Section II.D.1, pg. A-2 Clarified sharing of pupil records to include student Behavior Intervention Plans and safety plans, as appropriate and in accordance with pupil records laws
– Training – Attachment A, Section III.A.4, pg. A-3 Added new language regarding training
of EROs and school staff: Collaborate with schools to provide appropriate training regarding ERO response to critical incidents, including crisis intervention and de-escalation techniques, response to school fights and disturbances, and response to students with mental health needs or cognitive disabilities, as well as the use of Restorative Practices and Youth and Community Courts.
– Minimizing arrests – Attachment A, Section III.E.2, pg. A-4 Added language regarding minimizing use of arrests and citations: Consistent with MPD and MMSD goals, whenever possible, EROs should utilize Restorative Practices and/or Youth and Community Courts in lieu of issuing citations or arrest warrants.
– Additional training – Attachment A, Added additional language regarding District’s discretion to require ERO training: In addition, MMSD, as directed by the Safety Coordinator or school principal, and MPD may designate additional training for new and continuing EROs subject to Attachment B, section VII. When MMSD has designated additional training, the Safety Coordinator will e-mail said training to the ERO and the
MPD Captain of Centralized Services and if there is no objection from MPD, the ERO shall attend said training.
– Annual Reporting – Attachment A, Section II.A.5, pg. A-5 Added language to clarify expectations related to annual reporting
– Three items regarding payment
– – Attachment B, Section III, pg. B-1 Updated rate of pay for new three-year term
– – Attachment B, Section IV, pg. B-1 Clarified overtime calculation
– – Attachment B, Section VII, pg. B-2 City will now be responsible for paying for all 4 required days of ERO training. Previously City paid for 1 day and the District paid for 3 days. If District requires additional training pursuant to Section III.F.4 of Attachment A, such training will be at the District’s expense.
After the meeting on August 8th they also changed the following:
– Annual meeting to review data – Section 9, pg.2, Amendment Added the following language: MMSD and the CITY shall meet at least once a year to review all available information, including all data related to the use of EROs, and all provisions of this contract in order to consider whether any changes and/or amendments are necessary in order to improve the use of EROs in MMSD schools and/or the communication between the parties regarding such use. Discussions shall also include a review of Section III.E.2 of the Attachment A in order to consider further clarifications of actions MMSD staff and EROs may take in lieu of issuing citations and making arrests.
– Either party can terminate contract with 60 days notice. Section 19, pg. 4, Termination Subsection B, which read as follows, has been removed: Notwithstanding paragraph A, above, the CITY may in its sole discretion and without any reason terminate this agreement at any time by furnishing MMSD with twenty-eight (28) days written notice of termination. In the event of termination under this subsection, the MMSD will pay for all work completed by the CITY. Previous Subsection C (new B) has been revised as follows: MMSD and CITY reserve the right, upon sixty (60) days’ notice, to cancel the contract effective at the beginning of the upcoming school year solely
on the basis of MMSD or CITY budgeting constraints. In the event of termination under this subsection, MMSD will pay the CITY for all work completed by the CITY
– Renewal will start a year in advance – Section 21, pg. 4, Term and Renewal. Added the following language: If the parties wish to renew this contract for a future term, the parties shall commence negotiations of a successor agreement no less than one year prior to the expiration of this contract.
– Minimizing arrest – Attachment A, Section III.E.2, pg. A-4 Enhanced previously added new language by adding the following language: Specifically, in alignment with the underlying philosophies of the District’s Behavior Education Plan, which focuses on the use of progressive disciplinary approaches and intervention in lieu of exclusionary practices, EROs should use problem solving techniques and other available options in lieu of issuing citations or making arrests whenever possible.
– Annual report by MMSD about Arrest and Citation incidents in the schools – Attachment A, Section III.F.6, pg. A-5 Added a new section: Annually, MMSD shall publish an Educational Resource Officer Report that covers arrest and citation incidents at MMSD high schools. This report shall be made available via MMSDs website and any other means MMSD determines to be appropriate.
– Payment and parking for squad cars – Attachment B, Section VIII, pg. B-2 Revised this section to read: Use of Squad Cars and Equipment: MMSD shall pay the CITY $110 for four vehicles ($27.50 per vehicle) per week for each school year during the hours that the ERO is on duty. EROs shall park the squad cars in designated, reserved parking spots.
Recommendation: It is recommended that the Board of Education approve entering into an
Agreement with the City of Madison for the provision of Education Resource Officers covering MMSD school years 2016 – 17, 2017 – 18, and 2018 – 19 as set forth in the documents prepared for the August 29, 2016, Regular meeting.
If you want to read the changes in the document in crossed out and red with highlights for newer language, its all here.
Seems to me, this should still be just a one year contract until the policing study is done and that a student complaint process is in place. I’d like to see the public reports more than annually.
