Resolution 2024-63 Resolution No. 2024-63
RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN YORKVILLE COMMUNITY UNIT
SCHOOL DISTRICT 115 AND THE UNITED CITY OF YORKVILLE
WHEREAS,the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois
Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal
Code') (65 ILCS 5/65-1-1-2, etseq.); and,
WHEREAS, Yorkville Community School District 115, is an Illinois public school
district organized and operating in accordance with the laws of the State of Illinois; and,
WHEREAS, the provisions of Article VII, Section 10 of the 1970 Illinois Constitution,
and the provisions of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorized
and encourage intergovernmental cooperation; and,
WHEREAS,District 115 operates twelve(12)schools situated within the corporate limits
of the City of Yorkville, Illinois and desires, on a contractual basis, to have a school resource
officer detailed primarily to Yorkville High School operated by District 115; and,
WHEREAS, the City is willing to provide such an officer in exchange for the
consideration and the terms and conditions as set forth in the Intergovernmental Agreement
between the City and District 115 attached hereto providing for a School Resource Officer from
the Yorkville Police Department to be assigned to District 115.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The recitals set forth above are incorporated into this Resolution as if fully
restated herein.
Resolution No. 2024-63
Page 1
Section 2. The Intergovernmental Agreement between the United City of Yorkville and
Yorkville Community Unit School District 115 providing for a School Resource Officer, in the
form attached hereto and made a part hereof, is hereby approved; and, the Mayor and City Clerk
are hereby authorized to execute said Agreement and the Chief of the Yorkville Police
Department is hereby directed to implement its terms.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
26th day of November, A.D. 2024.
Y CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING ABSENT
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
thisZl thday of A.D.(=.e bat° , 2025.
MAYOR
Attest:
6eAM-119---)(
Y CLERK
Resolution No.2024-63
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INTERGOVERNMENTAL AGREEMENT BETWEEN
YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115 AND
THE UNITED CITY OF YORKVILLE
PROVIDING FOR A SCHOOL RESOURCE OFFICER
This INTERGOVERNMENTAL AGREEMENT (the "SRO Agreement") is dated as of
November 26, 2024, by and between the BOARD OF EDUCATION OF YORKVILLE
COMMUNITY UNIT SCHOOL DISTRICT#115, an Illinois Public School District (hereinafter
referred to as "District 115), and the UNITED CITY OF YORKVILLE, an Illinois municipal
corporation (hereafter referred to as the "City").
WITNESSETH:
WHEREAS, the provisions of Article VII, Section 10 of the 1970 Illinois Constitution, and the
provisions of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorized and
encourage intergovernmental cooperation; and
WHEREAS, District 115 operates twelve (12) schools situated within the corporate limits of the
City of Yorkville, Illinois; and
WHEREAS, District 115 desires, on a contractual basis,to have a school resource officer detailed
to District 115, within the City limits of Yorkville; and
WHEREAS,the Cityis willingtoprovide such officer in exchange for the consideration specified
p
in this Agreement and pursuant to the terms and conditions outlined herein; and
WHEREAS, a School Resource Officer is a career law enforcement officer, with sworn authority,
deployed in community-oriented policing, and assigned by the City to work in collaboration with
District 115 and community-based organizations; and
WHEREAS, District 115 and the City recognize that the exchange of information between them
is essential to providing a safe,healthy, and violence-free school environment for all students; and
WHEREAS, District 115 and the City previously entered into an intergovernmental agreement to
establish a school resource officer program where a member of the Yorkville Police Department
serve as a school resource officer at a designated school(s)within District 115; and
WHEREAS, District 115 and the City determined that it is in their collective best interest to enter
into a new intergovernmental agreement to address certain changes to state law and other
recommended modifications to terms of the prior agreement.
NOW,THEREFORE,in consideration of the promises,covenants,terms,and conditions set forth
in this Agreement, District 115 and the City hereby agree as follows:
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1. School Resource Officer Program: District 115 and the United City of Yorkville hereby
create a School Resource Officer Program (the "Program") to facilitate a positive
collaborative relationship between local law enforcement, school administration,
educators, service agencies,community-based organizations,parents and students residing
with the District 15 community. Additional requirements for the School Resource Officer
program pursuant to this Agreement are set forth in the attached Exhibit A. The goal of
the Program is to maintain a safe, secure environment,free of violence and fear,which will
allow the educational process to occur in a natural uninhibited manner. The Program shall
direct increased and focused attention to the prevention of juvenile crime through the
positive, proactive involvement of law enforcement personnel, specially trained to work
with high school and middle school students and school personnel with respect to the
prevention of substance abuse, gang activity, violence and other forms of socially
unacceptable behavior that threaten a positive educational environment.
The City shall provide one School Resource Officer (SRO) for the District who will
primarily be stationed at the Yorkville High School. It is understood that the SRO can float
between all District schools located within the City of Yorkville depending on the need as
determined by the School Resource Officer.
2. Reimbursable Expenses: The School District agrees to reimburse the City for overtime
costs ONLY (at 1.5 times the current hourly rate) for SRO and additional Officer services
provided by the City to the School District under this SRO Agreement. Overtime for the
SRO is defined as any hour worked beyond the normal eight-hour school day. Overtime
for additional officers is defined as any hour worked at the request of the school district for
special events (i.e. football games, dances, etc.). The Department will make every effort
to assign the SRO to the requested Overtime event(s),however,if the SRO is not available
a patrol officer may be assigned to fulfill the request with the approval of the District.
The number of officers assigned to district special events will be determined and agreed
upon by both the District and the City. The City shall cover all salary and associated
insurance, workers compensation, pension, FICA, and Medicare costs.
On a monthly basis the City will submit a written invoice to the School District with an
itemized statement showing the detail description, date and time of the detail and the
assigned officer's name. The District agrees to compensate the City at the then current
assigned SRO/Officer Overtime rate.
Professional development and the ability to interact with peers is important for the success
of the SRO Program. While the City agrees to pay for training through the Department's
mobile training unit and all training required by law for school resource officers,the district
agrees to reimburse the City for all training associated with State and National level
conferences at 50% of the costs associated with such training.
3. Insurance: The City shall keep in full force and effect at all times during the term of this
Agreement general public liability insurance, including contractual liability coverage,
workers compensation insurance and such other type of insurance in amounts and with
companies of self-insurance pools as are normally maintained in the ordinary course of
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business against claims for injuries to persons or damage to property that might arise to the
SRO.
4. Indemnification and Hold Harmless: To the fullest extent permitted by law District 115
agrees to indemnify and hold harmless the City, its officers, employees, officials, trustees,
volunteers, agents and representative, their successors and assigns, in their individual and
official capacities, from and against any and all liabilities, loss, claims, demands, liens,
damages, penalties, fines, interest, costs and expenses, including without limitation,
reasonable attorneys' fees and litigation costs incurred by the City arising out of any
activity of District 115 in the performance of this Agreement, or any act or omission of
District 115 or of any officer, employee, official, agent, representative contractor, or
volunteer of District 115,but only to the extent caused by a negligent or willful and wanton
act or omission of District 115.
To the fullest extent permitted by law, the City agrees to indemnify and hold harmless
District 115,its officers, employees,officials, agents,representative,or volunteers,or their
successors and assigns, in their individual and official capacities from and against any and
all liabilities, loss, claims, demands, liens, damages, penalties, fines, interest, costs and
expenses, including without limitations, reasonable attorneys' fees and litigation costs
incurred by District 115 arising out of any activity of the City in the performance of this
Agreement, or any act or omission of the City or of any employee, official, trustee, agent,
representative, contractor, or volunteer of the City, but only to the extent caused by a
negligent or willful and wanton act or omission of the City.
5. Effective Date, Term, and Termination: This Agreement shall become effective on the
date it is signed by the duly authorized representatives of both parties and shall continue in
full force and effect for a term of four(4)years. Either party may terminate this Agreement
at any time by providing the other party with at least thirty (30) days prior written notice
of such termination. In addition, the parties may terminate this Agreement by written
mutual consent and agreement.
6. Notices: All notices concerning this Agreement shall be in writing and addressed to the
other party as follows:
If to the City: United City of Yorkville
Attn: Chief of Police
651 Prairie Pointe Drive
Yorkville, IL 60560
If to the District: Yorkville Community Unit School District 115
Attn: Superintendent
800 Game Farm Road
Yorkville, IL 60560
Facsimile: (630)553-4398
Unless otherwise provided herein, notices shall be hand delivered, or sent by registered or
certified U.S. mail postage prepaid, by commercial overnight delivery service, or
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transmitted by facsimile. Notices shall be deemed served or delivered to the addressee or
its office when received at the address for notice specified above when hand delivered,
upon confirmation of sending when sent by facsimile, on the day after being sent when
sent by overnight delivery service, and on second business day after deposit in the mail
when sent by U.S. mail. A party may change its designated recipient or address for
notification purposes by giving the other party written novice of the new designated
recipient or address.
7. Time of Essence: Time is of the essence and all provisions of this Agreement herein
relating thereto shall be strictly construed.
8. Relationship of Parties: The SRO shall at all times be an employee of the City and will
not be deemed an employee of the School District for any purposes. The District shall not
have any obligation to provide employee benefits or worker's compensation payments of
any kind for the benefit of the SRO. Nothing contained herein shall be deemed or construed
by the parties hereto, nor by any third-party, as creating the relationship of employer and
employee, principal, and agent or of partnership, or joint venture by the parties hereto, it
being understood and agreed that no provision contained in this Agreement nor any acts of
the parties shall be deemed to create any such relationship between the City and District
115. No party shall be bound, with respect to third parties, by any representation, act or
omission of the other party. This Agreement is for the benefit of the contracting parties
only and is not intended to raise or acknowledge any duty regarding conduct or other form
of liability as to third parties. The SRO, at all times, shall be subject to the rules and
regulations of the City and the Yorkville Police Department governing the conduct of
police officer.
9. Preambles and Exhibits: The preambles and exhibits to this Agreement are hereby
incorporated as if set forth fully herein.
10. Entire Agreement: This Agreement sets forth all of the covenants, conditions and
promises between the parties, represents the entire agreement between the parties, and
supersedes all previous communications or understanding whether oral or written with
respect to the subject matter herein. For the avoidance of doubt,this Agreement supersedes
any prior agreement between the parties governing the City's provision of SRO services to
District 115, and any such prior agreement is hereby terminated.
11. Amendments Must Be in Writing: This Agreement may be amended by a written
document signed by both parties.
12. Severability: If any term or provision of this Agreement shall to any extent be held invalid
or unenforceable, the remaining terms and provisions of this Agreement shall not be
affected thereby, but each term and provision of this Agreement shall be valid and be
enforced to the fullest extent permitted by law.
13. No Assignment and Successors: No party may assign any rights or duties under this
Agreement without the prior written consent of the other party. This Agreement shall be
binding upon the successors of the parties respective governing boards.
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14. Governing Law: This Agreement shall be construed and governed by the laws of the State
of Illinois.
15. Compliance with Laws: The City and District 115 shall at all times observe and comply
with the laws, ordinances, regulations and codes of the Federal, State, County and other
local government agencies which may in any manner affect the performance of this
Agreement.
16. Counterparts: This Agreement may be executed in counterparts, each of which shall
constitute an original, but together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, authorized representatives of District 115 and the City have
executed this Agreement as of the day and year first above written.
UNITED CITY O RKVILLE YORKVILLE COMMUNITY UNIT
SCHOOL DISTRICT 115
By:
Title: Mq or Title: '-o.4-.2.o ? Es; c i?-
Date: Alai apaS Date: 21/4 /Zo2
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EXHIBIT A
ADDITIONAL SCHOOL RESOURCE OFFICER PROGRAM REQUIREMENTS
Yorkville Community Unit School District 115 (the "District") and the United City of
Yorkville(the"City")set forth the following terms for a School Resource Officer(the"SRO")
in accordance with the Intergovernmental Agreement Between the Board of Education of the
Yorkville Community Unit School District 115 and the United City of Yorkville,providing for
a School Resource Officer(the "Agreement"):
1. Designated School: The City shall provide one (1) School Resource Officer for the
District that will primarily be stationed at the Yorkville High School. It is understood that
the SRO can float between all District schools depending on need.
2. Selection and Removal: The SRO identified by the City for consideration as a School
Resource Officer shall have the following minimum qualifications: completed certification
through the school resource officer course provided by the Illinois Training and Standards
Board(ILETSB)under 50 ILCS 705/10.22 and 105 ILCS 5/10-20.68 and required renewal
training. In addition, the SRO must have good oral, writing and interpersonal skills;
experience in public speaking; experience in and knowledge of drug and gang awareness;
possess strong leadership abilities;be a certified juvenile officer for a minimum of one (1)
year prior to placement and be able to act as a role model.
The selection process for the SRO position shall be regulated and conducted by the
Yorkville Police Department, with participation by the Superintendent of the School
District, or his/her designee. The Superintendent or designee(s) shall be invited to
participate in the interviews of candidates for the position. The City shall determine which
officer will best meet the requirements and criteria of the school and shall make the final
selection of the SRO. The City will assign the SRO to the Yorkville High School. The
City and the District shall work cooperatively throughout the SRO selection process. The
District may appeal the selection of the SRO to the Chief of Police,in which case the Chief
of Police in cooperation with the Superintendent of the School District will make the final
selection of the subject School Resource Officer.
In the event the District becomes dissatisfied with the performance of the SRO,the District
shall notify the Chief of Police, whereupon the Police Department shall promptly
investigate and determine a proper course of action,which may include additional training,
discipline, or reassignment.
In the event of emergency, safety issue, any condition that constitutes a threat to the health,
safety or wellbeing of students, employees or others at the School District, or any other
condition which warrants immediate removal, all as determined by the School District's
Superintendent or designee in his/her sole reasonable discretion, the School District may
immediately remove any SRO from School District property and/or suspend activities
under this Agreement until such condition has been remedied to the School District's
satisfaction. The School District shall promptly notify the Chief of Police in writing of its
removal of any SRO under this paragraph. Disciplinary proceedings or other consequences,
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if any, related to such removal shall be conducted solely by the City, as the employer of
the SRO. The District shall cooperate with the City in such disciplinary proceedings if so,
requested by the City.
3. Contract Year; Designated School Resource Officer: For purposes of these Terms, the
"Contract Year" shall be July 1 through June 30 of each year during the term of the SRO
Agreement.
The School Resource Officer for each Contract Year shall be identified by the City and the
name shall be provided to the School District's Superintendent on or before July 1 of each
Contract Year.
The SRO may, in the discretion of the City and the District, remain as the SRO for one or
more subsequent Contract Year(s), unless otherwise designated or removed in accordance
with these Terms.
4. Duties and Responsibilities:
a. The SRO shall, during school hours and at school functions where his/her
attendance is requested pursuant to the terms of this Agreement, assist in protecting
the school community from violations of the law, including but not limited to theft,
vandalism, trespassing, assault, battery, drug and alcohol offenses, and gang
activities.
b. The SRO shall assist in the development and/or expansion of crime prevention
efforts for students and educate school-age victims in crime prevention and safety.
In addition, the SRO will work with the District in developing or expanding
community justice initiatives for students and assist in training students in conflict
resolution, restorative justice, and crime awareness.
c. The SRO shall also have authority to enforce provisions of the Illinois Vehicle Code
on property owned and/or operated by District 115 to the extent allowed by law.
d. The SRO shall initiate police reports and investigate all criminal/quasi-criminal
matters reported to them, document and investigate other matters relevant to the
safety of the school and the community, establish a positive working relationship
with school administration, educators, service agencies, and parents and students
residing within District 115 community, and assist in maintaining a safe and secure
school environment free of violence and conducive to a productive learning
environment. The SRO should only detain, arrest or use force only as a last resort.
e. The SRO is not an employee of the District and is prohibited from engaging in
school disciplinary incidents or enforcing school codes of conduct or addressing
typical student behavior that can be safely and appropriately handled by school
officials.
f. The SRO can be involved in the preparation and/or implementation of educational
programs designed to prevent and/or deter students from involvement in
criminal/quasi-criminal acts, alcohol and drug use, and gang activity, and may
counsel students in need of crisis intervention and in the confidential reporting of
criminal activity.
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g. The SRO shall serve on and participate in the District's threat assessment team,
participate and advise on the district emergency and crisis response plan and
participate in annual law enforcement drills in accordance with the School Safety
Drill Act(105 ILCS 128/45 et. al).
h. At the request of the District, the SRO will participate in District staff in-service
training programs.
5. Annual Program Review: The Superintendent or designee and the Chief of Police shall
review the terms of this agreement annually, assess program expectations and make in
writing any mutually agreed changes for each Contract Year.
6. Hours/Days: Under this SRO Agreement,the SRO shall generally work an eight(8)hour
day, for one hundred and seventy-four(174) days during the school term of each Contract
Year. For each Contract Year,the SRO shall commence work on a date mutually agreeable
to the District and the City and shall work through the last day of student attendance as
designated by the District.
7. Re-Assignment: The City retains the right to temporarily re-assign the SRO during school
attendance days. The temporary re-assignment of the SRO is at the sole discretion of the
Chief of Police and shall only take place for matters of public safety, mandatory
departmental training to maintain police officer certification, training approved by the
District and approved paid time off pursuant to the Department's collective bargaining
agreement. Notice of the SRO's absence shall be given to the District's head of security
prior to the time away or as soon as practical thereafter.
8. Board Policy and Orientation: The School Resource Officer shall familiarize him/herself
with all Board of Education policies, School District administrative procedures,protocols,
rules and shall reasonably comply with all applicable requirements thereunder, consistent
with their police officer duties. The School District shall conduct a brief orientation for
the current and newly assigned School Resource Officer.
9. Interviews of Students: The SRO shall follow protocols for detention and questioning of
students on school grounds in compliance with_the School Code (105 ILCS 5/22-88) and
Board Policy 7:150 Agency and Police Interviews and 7:150AP Administrative
Procedure Agency and Police Interviews. The SRO will notify parents/guardians of
students prior to any questioning on school grounds in accordance with District procedures.
In addition,the following protocols will be followed for all students under the age of 18 as
well as all students age 18 and older in the School District's Transition Program.
Before questioning such a student on school grounds when the student is suspected of
committing a criminal act, the SRO must do all of the following in accordance with 105
ILCS 5/22-88:
a. Ensure that notification or attempted notification of the student's parent or guardian
is made.
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b. Document the time and manner in which the notification or attempted notification
under paragraph(a.) occurred.
c. Make reasonable efforts to ensure that the student's parent or guardian is present
during the questioning or, if the parent or guardian is not present, ensure that school
personnel are present during the questioning as described in the statute. This would
also apply to those cases where a parent is not physically present but on speaker
phone during an interview.
10. Use of District 115 Facilities/Equipment: The SRO shall at all times be permitted to
access the Schools within District 115. The SRO shall be provided a furnished office,
telephone and computer to be utilized in the performance of his/her duties and
responsibilities as set forth in this Agreement. The provided office shall be at the Yorkville
High School. All police equipment to include a marked squad car, necessary to the
performance of his/her duties and responsibilities as an SRO shall be provided in
accordance with the policies of the United City of Yorkville and/or the Yorkville Police
Department.
11. SRO Access to Student Records: The School District and the SRO will have access to
education records and law enforcement records relating to students under the terms set
forth in Exhibit B which is attached hereto and incorporated herein, and as otherwise
allowed or restricted by applicable law.
12. Law Enforcement Records: The Parties acknowledge and agree that records created and
maintained by the SRO in connection with the performance of services under this
Agreement may constitute law enforcement records. In accordance with law, all records
generated and maintained solely by the SRO and the City shall not constitute student
records. If the SRO utilizes a body camera, recordings will be available as allowed by
law and as set forth in this Agreement.
13. Officer-Worn Body Camera: If the SRO wears an officer-worn body camera during the
performance of SRO duties, Exhibit C to this Agreement shall apply.
14. No Booking Station:The City,through the SRO or otherwise,shall not establish a booking
station on School District property in violation of Section 10-20.60 of the School Code
(105 ILCS 5/10-20.60).
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EXHIBIT B
SRO ACCESS TO STUDENT RECORD INFORMATION
A. District Records. The Parties acknowledge and agree that all student, personnel, medical,
and District-related business records generated by District employees or students shall be
the property of the School District. The Parties agree to comply with all state and federal
laws, including,but not limited to,the Illinois School Student Records Act(105 ILCS 10/1
et seq.),the Illinois Mental Health and Developmental Disabilities Confidentiality Act(740
ILCS 110/1 et seq.), the federal Family Educational Rights and Privacy Act (20 U.S.C. §
1232g; 34 C.F.R. Part 99),Health Insurance Portability and Accountability Act of 1996 (45
C.F.R. Parts 160 and 164), the Illinois Personnel Records Review Act (820 ILCS 40/1 et
seq.),and all rules and regulations governing the release of student,personnel, and medical
records.The SRO may have access to personally identifiable information("PII") in student
records as follows:
1) Directory Student Record Information. The SRO may have access to "directory
information" of students as needed to perform duties, as allowed by Board Policy
7:340 and its administrative procedures.
2) Other Student Record Information. The SRO may have access to other (non-
directory) student record information pursuant to the following legal guidelines, as
interpreted and approved by the Superintendent or Principal:
i) The SRO may receive PII from the School District as a "school official"
performing SRO duties under this SRO Agreement when the SRO has a
direct and legitimate educational interest in the student. A "legitimate
educational interest" shall include promoting school safety and physical
security of the students. The PII must remain under the direct control of the
School District, and the SRO may use information obtained as a school
official only for the purposes for which it is obtained, and will not disclose
such information to third parties, including other employees of the Police
Department who are not acting as school officials, unless consent of the
parent (or student aged 18 or older) is obtained or an exception to the
statutory consent rule applies. The SRO shall be designated as a "school
official" for purposes of receiving student record information while serving
as a member of the School District's threat assessment team.
ii) The SRO may receive from the School District PII related to student
criminal activity pursuant to the intergovernmental agreement for the
reciprocal reporting of student entered into between the School District and
the City ("Reciprocal Reporting Agreement"), when necessary for the
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discharge of his official duties to effectively serve,prior to adjudication,the
student whose records are released. Such a record release is subject to the
terms of the Reciprocal Reporting Agreement,and the SRO will not disclose
that information to third parties outside the Police Department.
iii) in an emergency, as determined by the Superintendent or School Principal,
with parental notice when required by law.
3) Security Camera Access.The SRO may have access to live feed of security cameras
in the School District pursuant to authorization of the Superintendent or Principal.
Recorded camera footage may constitute student record information if identifiable
students are the focus of the footage. As such,recorded camera footage will be treated
as student record information pursuant to Paragraph A.2 above.
Notwithstanding the termination of this SRO Agreement for any reason,the confidentiality
provisions set forth in this SRO Agreement shall continue in full force and effect following
such termination.
B. Law Enforcement Records. The Parties acknowledge and agree that records created and
maintained by the SRO in connection with the performance of services under this SRO
Agreement may constitute law enforcement records. In accordance with law, all records
generated and maintained solely by the SRO and the City shall not constitute student
records. If the SRO utilizes a body camera, recordings will be available as allowed by law
and as set forth in this SRO Agreement.
C. Other Applicable Agreements. This records and confidentiality provisions in this SRO
Agreement shall be interpreted in conjunction with other applicable agreements in effect
between the School District and the City, including, but not limited to, the Reciprocal
Reporting Agreement.
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EXHIBIT C
BODY WORN CAMERAS
1. If the SRO is equipped with a body worn camera (BWC) provided by the City to utilize
the BWC during the course of their official duties when on School District Property, this
Exhibit shall apply. An SRO's wearing and use of the BWC shall comply with the Law
Enforcement Officer-Worn Body Camera Act, 50 ILCS 706/10-20 et seq., the Law
Enforcement Training Standard Board's guidelines, and the City's written policies.
2. The City shall provide to the School District a copy of the Police Department's written
policy regarding the use of body cameras adopted in accordance with the foregoing Act
upon request of the School District and also whenever it is revised.
3. The responsibilities of the SRO in the schools consist mainly of the performance of non-
enforcement related activities, including community caretaking, educational, and other
non-law enforcement activities contemplated in this SRO Agreement. As such,the SRO's
BWC will normally remain in an inactivated (buffering) mode unless responding to calls
for service or engaged in any law enforcement-related encounter or activity. In areas in
which individuals have a reasonable expectation of privacy(e.g.,restrooms, locker rooms,
and the nurse's office),the SRO's BWC will be activated only when the SRO is responding
to a call for service or engaged in a law enforcement-related encounter or activity.
4. If the SRO's BWC is activated on School District property during a school day, the SRO
shall provide verbal notice of recording as required by law and City policy and shall notify
the applicable school principal, assistant principal or school dean of its activation as soon
as practicable.
5. All recordings made by the SRO's BWC shall constitute and be construed as records
created and maintained by the City and all recordings resulting therefrom shall be retained
and maintained by the City as required by law.
6. BWC camera recordings of the SRO obtained on school grounds shall not be utilized for
law enforcement training purposes, except with the express consent of the Superintendent,
and shall not be disseminated by the Police Department or City for any non-law
enforcement purpose other than to comply with court-issued orders, subpoenas, any State
or federal law, and this SRO Agreement. Unless prohibited by law, BWC camera
recordings obtained on school grounds via the SRO's body camera shall also be released
to the School District at the request of the School District Superintendent.
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7. The City shall notify the Superintendent upon receiving a Freedom of Information Act
request for a recording from the SRO's body camera taken on School property, and the
Parties will discuss the intended scope of release and redaction. The City shall notify the
Superintendent prior to releasing to the public or any third party any recording from the
SRO's body camera taken on School District property for reasons including,but not limited
to, a Freedom of Information Act request.
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1295922.2