HomeMy WebLinkAbout12 - School Resource Officer Program AgreementQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
July 8, 2025
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, dminer@nbpd.org
PREPARED BY: Brad Miller, Lieutenant - 949-644-3750, bmiller@nbpd.org
TITLE: School Resource Officer Program Agreement
ABSTRACT:
The Police Department requests City Council approval of a new school resource officer
(SRO) agreement with the Newport -Mesa Unified School District (NMUSD), which
continues the deployment of three SROs, funded equally by the City of Newport Beach
and NMUSD.
RECOMMENDATIONS:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve the agreement between the City of Newport Beach and Newport -Mesa
Unified School District to participate in the School Resource Officer Program and
authorize the Mayor and City Clerk to execute the agreement on behalf of the City of
Newport Beach.
DISCUSSION:
On September 27, 1999, the City Council approved an agreement between the City of
Newport Beach and NMUSD to provide two, full-time police officers to work as SROs at
the city's two public high schools: Corona del Mar High School and Newport Harbor High
School. The agreement also specified that the Corona del Mar High School SRO would
provide similar services to Ensign Middle School. The original agreement term took effect
on February 7, 2000, and expired on February 7, 2003. After it expired, the City approved
annual amendments to the original agreement to continue the services of this program.
During the 2011 annual request for amendment by NMUSD, the City Attorney's Office
recommended creating a new agreement that more accurately described the services
provided and the agreement was revised. Since the original agreement, some services
have changed, including discontinuation of D.A.R.E. instruction at the two high schools
and the assignment of the high school SROs to also service both middle schools.
Ultimately, the Corona del Mar High School SRO was assigned to also service Corona
del Mar Middle School and the Newport Harbor High School SRO was assigned to service
Newport Harbor High School and Ensign Middle School.
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School Resource Officer Program Agreement
July 8, 2025
Page 2
On June 12, 2018, the City Council approved the Fiscal Year 2018-19 budget, which
included the addition of a third SRO under the same terms as the two existing SROs,
including equally shared funding with NMUSD.
On June 24, 2020, the City Council approved an updated agreement between the City
and NMUSD which included language to allow a decrease in funding provided by the
NMUSD during unplanned, long-term school closures of more than 30 days. The SRO
agreement has been renewed annually since 2020. The FY 2024-25 agreement expired
on June 30, 2025.
The proposed agreement with NMUSD includes the existing deployments with the same
three SROs and the language to allow a decrease in the funding provided by NMUSD
during unplanned, long-term school closures of more than 30 days. The proposed
agreement allows the Police Department to assign one SRO to Newport Harbor High
School, one SRO to Corona del Mar High School and Corona del Mar Middle School,
and one SRO to cover the high schools when the designated high school SRO is not on
duty. The "cover SRO" is based at Ensign Middle School and also serves NMUSD
elementary schools within the city as needed. These SRO assignments are subject to
change at the discretion of the police chief.
The proposed agreement incorporates several updates aimed at enhancing safety and
security at NMUSD campuses. Key changes include the NMUSD providing access to
student records, campus cameras, security systems, and tip reporting systems.
Additionally, the agreement establishes the expectation that the NMUSD will consult
with officers on all law -enforcement -related matters, including the annual development
of safety plans, lockdown drills, and threat assessments. Under the terms of the
agreement, the City will assign a minimum of two officers to NMUSD campuses during
school days and will complete school site vulnerability assessments of all NMUSD
school sites located within Newport Beach.
The proposed agreement includes an update to the funding provisions, whereby the
NMUSD will fund overtime to ensure that a minimum of two officers are on duty during
each school day. The agreement also adds language to ensure officer overtime incurred
during after -hour incidents is covered. Additionally, the agreement provides for the equal
sharing of costs related to school -specific training for school resource officers.
The goal of the SRO program is to work collaboratively within the school community to
provide safe learning environments; foster positive relationships with students,
educators, parents and community members; and to develop strategies to resolve
problems that affect youth, so that they can reach their full potential. The role of the
SRO includes promoting a positive image of law enforcement to school children and
school communities.
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School Resource Officer Program Agreement
July 8, 2025
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FISCAL IMPACT:
The adopted budget includes sufficient funding for this agreement. Per the agreement,
the full salary and benefits for three school resource officers (police officers) will be funded
equally through the Police Department's budget (50 percent) and the NMUSD (50
percent). Funding for the three police officers is included in the Police Department's
FY 2025-26 budget, as are revenues from the NMUSD in the amount of $379,584.00.
The expenses will be charged to salary and benefits accounts in the Police Department,
Detective Division (Organization Code 01035355).
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A - Agreement with Exhibit A (SRO Compensation Rate)
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ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE NEWPORT-MESA UNIFIED SCHOOL DISTRICT
TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM
THIS AGREEMENT FOR SCHOOL RESOURCE OFFICER PROGRAM
("Agreement") is made and entered into as of this 1st day of July, 2025 ("Effective Date") by
and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and NEWPORT-MESA UNIFIED SCHOOL DISTRICT, a political
subdivision of the State of California ("District"), whose address is 2985 Bear Street, Costa
Mesa, CA 92626 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statues of the State of California and the Charter of City.
B. District is a political subdivision of the State of California located in Orange County,
California, and is organized and exists pursuant to the laws of the State of California.
C. District is in need of special services available through the School Resource Officer
Program (the special services are described in. Section 2 and are referred to
collectively as the "Services").
D. District is authorized to enter into this Agreement pursuant to the laws of the State of
California.
E. City employs sworn peace officers specially trained, experienced and competent to
provide the Services and City is willing to provide Services to District on the terms
and in the manner provided in this Agreement.
F. This Agreement is not intended to modify any program or service provided by City to
District as of the Effective Date except as expressly provided.
AGREEMENT
NOW THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date and shall expire
on June 30, 2026 unless extended pursuant by written agreement of the parties or
terminated as specified in Section 7.
2. CITY SERVICES
2.1 Services - General. City will provide three (3) full time sworn peace officers
with the Newport Beach Police Department to function as School Resource Officers
("SROs"). The SROs shall perform services under the supervision and control of the
Newport Beach Chief of Police ("Chief of Police"). The type and manner of performance
of the Services should be consistent with the expressed goals and objectives
Newport -Mesa Unified School District
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of the District and interest of the City. The Services contemplated by this Agreement are
limited to the District schools located within the city of Newport Beach, including Newport
Harbor High School ("NHHS"), Corona del Mar High and Corona del Mar Middle School
("CDMHS/MS"), Ensign Middle School, and any District elementary schools in the city in
need of SRO presence (collectively "Newport Schools").
City shall perform the following services:
2.1.1 Establish and maintain SROs to act as liaisons between District
personnel, Newport Beach Police Department personnel, and elements of the juvenile
justice system.
2.1.2 SROs shall serve as a resource to District employees such as
administrators, faculty and security personnel as well as students and their guardian(s)
on all law enforcement -related issues, including but not limited to, campus safety,
bicycle safety, threat assessment, crime prevention and investigation.
2.1.3 Assign one SRO to NHHS, one SRO to CDMHS/MS, and one SRO to
cover the high schools when the designated high school SRO is not on duty. The cover SRO
shall be based at Ensign Middle School and may also serve District elementary schools
within the city as needed. These SRO c a m p u s assignments are subject to change, at
the discretion of the Chief of Police.
2.1.4 Staff a minimum of two Newport Beach Police officers at NHHS and
CDMHS/MS when designated SROs are not on duty.
2.1.5 SRO shall spend a minimum of seventy-five percent (75%) of their time
allocated in this Agreement in and around their assigned campus, where an SRO is
assigned to a particular school. Officers shall maintain a visible presence during school
hours.
2.1.6 SRO shall conduct patrol activity in and around the Newport Schools.
2.1.7 SRO shall conduct preliminary and follow-up investigations of crimes
that occur at the Newport Schools or involving students of the Newport Schools.
2.1.8 SRO shall coordinate with District to 1) complete an annual school site
vulnerability assessment; and 2) participate in, and provide input on, lockdown drills and
other safety plans and protocols, for all Newport Schools.
2.1.9 SRO shall act and work as school officials and assist the
Superintendent, principals, faculty, and staff in enforcing the campus code of conduct and
other school rules in order to maintain a safe learning environment. When it pertains to
preventing a disruption that would, if ignored, place students, faculty, and staff at risk of
harm, the Officers will work to resolve the problem to preserve the school climate. In
all other cases, disciplining students is a District responsibility, and the Officers will intervene
and take students who violate the code of conduct to the school principal, or designee, where
school discipline can be meted out.
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2.1.10 SROs shall have access to students' education records when there is
a legitimate educational interest in the records, consistent with the Federal Educational
and Rights and Privacy Act of 1974 (FERPA). During the school day on campus, District
administrators grant access when requested by SROs. SROs are prohibited from re -
disclosing a student's educational record or knowledge learned from the student's
educational record to any other outside sources, including the local police department,
unless the disclosure meets an exception to FERPA's disclosure/re-disclosure prohibition.
2.2 Services - Security. The Services performed by Officers pursuant to this
Agreement are not intended to supplant those provided by existing District security
personnel. District may request security services from City pursuant to other provisions of
this Agreement.
3. DISTRICT DUTIES
3.1 In addition to other duties specified in this Agreement, District shall do the
following:
3.1.1 Staff Liaison. District will designate its Administrative Director I of
Student Services, or an alternate as designated by the Superintendent, as a liaison to the
NBPD to facilitate communication between District personnel and the SROs as well as to
coordinate the SRO's involvement with District activities and events.
3.1.2 Remote Access. District shall ensure SROs have remote access to
student records pursuant to Section 2.1.10. SROs are required to document their
interactions with students related to investigations.
3.1.3 School Site Cameras and Security. District shall ensure SROs
have access to cameras, security systems and tip -reporting systems for Newport Schools.
3.1.4 District Personnel — Coordination. District personnel shall consult
with SROs on all law enforcement -related issues including, but not limited to, school site
safety, threat assessment, crime prevention and investigation. The District shall include
SROs in the annual development of safety plans, lockdown drills and threat
assessments.
3.1.5 District Personnel - Cooperation. District personnel shall cooperate
with the Officers to facilitate their performance of Services pursuant to this Agreement.
4. OPERATIONAL PROCEDURES
4.1 Uniformed Officers. The SROs will perform their duties in full police
uniform. This uniform will include safety equipment designated for use by sworn field
personnel pursuant to Newport Beach Police Department policy or practice.
Services- Timing. City shall provide the three (3) Officers to District
five (5) days a week, ten (10) hours each day for four (4) days and eight (8) hours for
the 5th (1) day. City shall use its best efforts to ensure that Services are provided to the
same campus by the same person except when he/she is on paid leave or otherwise
absent. Subiect to provisions of relevant City personnel policies or labor agreement, City
Newport -Mesa Unified School District
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shall use its best efforts to schedule the SRO's time off to coincide with weekends/school
holidays. City shall use its best efforts to schedule SROs so that at least two (2) of the
three (3) SROs is on duty each day that school is in session and that each SRO can be
present during special school activities. In the event two (2) SROs are not available, the City
shall use its best efforts to schedule Newport Beach Police officers through overtime shifts,
to ensure there are a minimum of two (2) officers assigned to Newport Schools each day
that school is in session
5. FUNDING
5.1 Funding of Personnel. District shall pay City fifty percent (50%) of the total
compensation paid to the three (3) SROs by City. The term "total compensation" includes
salary and benefits as those exist on the Effective Date and as modified from time to time
during the term of this Agreement. The SROs current rate is attached hereto as Exhibit A
and incorporated herein by reference. SRO rates listed on Exhibit A shall be subject to
change at the discretion of the Chief of Police.
5.2 Funding — Overtime.
5.2.1 District shall pay City all costs City incurs for after -hour response
(after regularly assigned shifts) by SROs to incidents or any District related business,
including phone calls to SROs,. District shall pay City all costs that City incurs in providing
additional services as requested by the District liaison, with the understanding that City is
generally required to pay officers at least one and one-half (1 Y2) times their regular rate of
pay for overtime.
5.2.2 District shall pay City all costs City incurs to provide additional
coverage at Newport Schools, for the 5t" day of service, per Section 4.2, with the
understanding that City is generally required to pay officers at least one and one-half
(11/) times their regular rate of pay for overtime.
5.3 Funding - Supplemental Services. District may request City provide
additional services (services in addition to those performed during the normal
four (4) day, ten (10) hour work week) by an Officer during evening or weekend
events such as PTA meetings, Back -to -School nights, Open House(s),
sporting event(s), dance(s), prom(s) or other District -sponsored events. City
shall use its best efforts to provide the requested services by the Officer
assigned to the campus at which the event or activity is scheduled. District
shall pay City all costs that City incurs in providing additional services as
requested by the District representative, with the understanding that City is
generally required to pay officers at least one and one-half (1 '/) times their
regular rate of pay for overtime.
5.4 Funding — Training. District shall pay City fifty percent (50%) of the training
costs for school specific training including, but not limited to, School Resource Officer
training ("Training"), active shooter training, child abuse investigations, juvenile mental
health training, de-escalation training for school personnel, child forensic interviewing and
school threat assessment. The training costs shall include: class tuition, per diem, parking
and mileage. District's contribution. for Training shall not exceed $3,000, annually.
Newport -Mesa Unified School District
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5.5 District Payments. District shall pay its share of the total compensation of
the three (3) SROs within thirty (30) days of receipt of invoices submitted quarterly (ninety
(90) days after the initial invoice). District shall pay for supplemental services within thirty
(30) days of receipt of an invoice from City.
5.6 Closures. While District and City currently share the costs of SROs equally,
should there be an extended closure of District schools (longer than 30 days) due to an
unforeseen event that diminishes the need of SROs on school campuses and allows City
to redeploy SROs to other agency duties, City will assume 80% of the costs of SROs after
the 30th consecutive day of such a closure while the District will continue to be responsible
for 20% of the such costs. Equally shared costs pursuant to Section 5.1 of SROs between
the District and the City would resume once the District begins normal operation, which
includes the re-entry of students onto District campuses.
6. SPECIAL PROVISIONS
6.1 Selection of Officer. The Chief of Police will determine those individuals
best suited for the assignment and advise the District of the eligible candidates. The
Chief of Police shall select the SROs to be assigned from the eligible candidates (or from
other qualified staff, should no one express an interest), after consideration of any input
from the District representative.
6.2 Special Events. The School Resource Officer Program shall not supplant or
alter the existing District practice of hiring Newport Beach Police Department personnel for
the purpose of policing special events. However, if the District has requested the SRO's
presence at an event, or requested supplemental services to be provided by the Officer,
he/she may be used as one officer hired to police a special event at his/her assigned campus.
6.3 Grant Administrative Requirements. The City and District will be
responsible for their own respective grant monies received, if any, including all
administrative duties and responsibilities. This includes receipt and disbursement of funds,
financial reporting, and grant management issues.
7. TERMINATION
District or City may terminate this Agreement without cause any time subsequent to
one hundred twenty (120) days after the Effective Date, by giving ninety (90) days written
notice to the other Party. In the event of termination, District shall compensate City for
Services performed to the date of termination. City shall continue to provide Services after
notice to terminate and during the ninety (90) day notice period unless District, in the notice,
requests City not perform Services. The notice shall be deemed given when personally
delivered to the District or City representative or three (3) days after the date the notice is
deposited in the United States mail, first-class postage prepaid, and addressed to the
appropriate representative as specified in this Agreement. .
8. INDEMNIFICATION
8.1 District Obligations. District agrees to defend, indemnify and hold City, its
elected and appointed officials, officers, and employees harmless against and from any and
all losses, claims, actions, damages, expenses or liabilities, including reasonable attorney's
fees, to which City may become subject in connection with District's negligence related to
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Newport -Mesa Unified School District
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however, extend to claims or actions that result from the negligence of the City, its elected
and appointed officials, officers, and employees. District assumes workers' compensation
liability for injury or death of its officers, agents, employees and volunteers, and assumes
no workers' compensation responsibility for the City.
8.2 City's Obligations. City agrees to defend, indemnify and hold District, its
officers, agents, employees and volunteers harmless against and from any and all
losses, claims, actions, damages, expenses or liabilities, including reasonable
attorney's fees, to which District may become subject in connection with City's
negligence related to the. scope of City's activities pursuant to this Agreement. This
Agreement does not, however, extend to claims or actions that result from the
negligence of the District, officers, agents, employees and volunteers. City assumes
workers' compensation liability for injury or death of its elected and appointed officials,
officers, and employees, and assumes no workers' compensation responsibility for the
officers, agents, employees and volunteers of the District.
9. ASSIGNMENT
This Agreement may not be assigned or transferred by either Party without the
express written consent of the other Party.
10. NOTICEIREPRESENTATIVES
The City and District have designated the following representatives to receive
notices and act in their agency's behalf in the administration of this Agreement:
City:
District:
Chief of Police
Newport Beach Police Department 870
Santa Barbara Drive
Newport Beach, CA 92660
Superintendent of Schools
Newport Mesa Unified School District
2985 Bear Street
Costa Mesa, CA 92626
11. NO THIRD PARTY BENEFICIARY
This Agreement, including, but not limited to, the indemnification provisions, is for
the benefit of the parties only and does not create, nor is it intended to create, any benefit or
liability to third parties.
12. STANDARD PROVISIONS
12.1 Recitals. City and District acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference into this Agreement.
12.2 Compliance with all Laws. District shall at its own cost and expense comply
with all statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or hereinafter enacted.
Newport -Mesa Unified School District
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12.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein, whether of the same
or a different character.
12.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
12.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and any attachments attached hereto, the
terms of this Agreement shall govern.
12.6 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party
by reason of the authorship of the Agreement or any other rule of construction which might
otherwise apply.
12.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both District and City and approved as to form by the City
Attorney.
12.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
12.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange,
State of California.
12.10 Equal Opportunity Employment. District represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
12.11 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall no be entitled to attorney's fees.
12.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Newport -Mesa Unified School District
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IN WITNESS WHEREOF, the parties have caused this MOU to be executed on the
dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 07_�,171-
By:
Aar C. Harp r 1,5
City Attorney V
ATTEST:
Date:
Loan
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation and charter
city
Date:
By:
Joseph Stapleton
Mayor
NEWPORT-MESA UNIFIED SCHOOL
DISTRICT, a political subdivision of the State
of California
Date:
By:
Dr. Kerrie Torres
Deputy Superintendent
Secondary Education
Approved or ratified by the Newport -Mesa
Unified School District Board.
Date:
[END OF SIGNATURES]
Attachments: Exhibit A: School Resource Officer Employee Benefit Analysis
Newport -Mesa Unified School District
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EXHIBIT A
City Of Newport Beach
School Resource Officer Employee Benefit Anaylsis
Fiscal Year 2025-26 Budget Projections
Police Officer A Police Officer B Police Officer C
Annual Hourly Annual Hourly Annual Hourly
Total Compensation 252,580 121.43 252,519 121.40 254,069 122.15
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