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07-11-23 City Council Work Session AgendaJuly 11, 2023 — 6:30 PM Council Conference Room Hybrid Meeting Discussion with United States Representative Ilhan Omar SRO Agreement with Independent School District #281 Update On Public Safety Issues in Theodore Wirth Park Council Review of Future Draft Agendas CITY COUNCIL WORK SESSION AGENDA City Council Work Sessions are being conducted in a hybrid format with in-person and remote options for attending. Remote Attendance: Members of the public may attend this meeting by streaming via Webex, or by calling 1-415-655-0001 and entering access code 2631 446 4869 and webinar password 1234 . Additional information about attending electronic meetings is available on the City website . Discussion Item(s) Council Work Session meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council Work Session meetings and listen to the discussion; public participation is allowed by invitation of the City Council. City of Golden Valley City Council Work Session July 11, 2023 — 6:30 PM 1 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session July 11, 2023 Agenda Item Discussion with United States Representative Ilhan Omar Prepared By Timothy Cruikshank, City Manager Summary U.S. Representative Ilhan Omar touches base with the City Council during a work session on an annual basis. She and her staff will participate in the meeting remotely. Golden Valley’s 2023 State and Federal Legislative Priorities have been shared with her office for review prior to the discussion. City staff requested updates and information on a few specific items from Rep. Omar's office including: Infrastructure Investment and Jobs Act (IIJA) and the challenge to meet certain criteria to be eligible for these funds. The link below is the PPL for 2023 funding. The 674 projects on the list are listed by City, nature of the project, points awarded, population and estimated project cost. The drinking water projects on the list are primarily for communities that are providing treatment for their water supply. Golden Valley purchases water wholesale from the City of Minneapolis. The vast majority of the projects on the list are small, rural communities outside the seven county metro area. Projects that included watermain replacement or new watermains are also primarily from outside the seven county area. https://www.health.state.mn.us/communities/environment/water/docs/dwrf/priority2023.pdf These results are consistent with our conversations with Dept of Health and MPCA staff. It is our opinion that if the criteria placed higher priority on the need to replace deteriorated infrastructure that is placing an increasing burden on already tight water maintenance budgets and capital improvement projects we would be more competitive for this revolving loan funding. Having said this, the City of Golden Valley did apply for a $5M grant to rehabilitate the watermain on Winnetka Avenue using trenchless technology. Water main breaks have been rapidly increasing along Winnetka, which is a high traffic volume Hennepin County roadway. Each of these water main breaks results in considerable traffic disruptions and high costs due to the nature of the roadway. Trenchless technology will minimize disruptions during construction while providing a renewed pipe that has the same strength as a new pipe. The proposed project has been delayed many times due to a lack of funds within the Water Utility Fund. Rehabilitation will provide relief to the Utility Fund due to decrease repair costs and will insure a new 2 watermain with a minimum anticipated life span of 50 years. Given the current IIJA criteria, it seems unlikely the grant request would be awarded. If the criteria were based on need, ability to pay, and regional significance, we would likely be in a much better position. Community Project Funding Grant for Sochacki Park Water Quality and Recreation Improvements. The Sochacki storm water proposal can be found here Community Project Funding proposal Federal Emergency Management Agency’s (FEMA) Assistance to Firefighter Grants program AFG) – Historically, FEMA AFG grants have provided much needed support to our fire department and many departments around the State of Minnesota. The AFG program encompasses three grants that includes the Assistance to Firefighters Grants (AFG), Staffing for Adequate Fire and Emergency Response Grants (SAFER), and Fire Prevention and Safety Grants FP&S). As Golden Valley changes our staffing and response models to meet the needs of our community, we plan to apply for a SAFER grant in the next couple of years. Congressionally Directed Spending Request. As the Fire Department shifts to a duty crew staffing model, the need for a properly located remote station with contemporary facilities becomes critical to service Golden Valley residents, businesses, and visitors. A new remote fire station that supports a duty crew staffing model will enhance the delivery of professional emergency response services to all residents, businesses, and visitors to Golden Valley. Facilities that provide property resources, features, and infrastructure will be more fully support firefighter health and safety as well as gender equality. Building on the work completed in the 2021 Municipal Facilities Study, staff and the City’s architectural consultant, BKV identified critical commitments and priorities for the new station. USPS service Affordable housing dollars Other Supporting Document Links 2023 State Legislative Priorities 2023 Federal Legislative Priorities 3 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session July 11, 2023 Agenda Item SRO Agreement with Independent School District #281 Prepared By Maria Cisneros, City Attorney Virgil Green, Police Chief; Alice White, Assistant Police Chief; Rudy Perez, Assistant Police Chief, Airrion Williams, Community Connections and Outreach Specialist, Seth Kaempfer, Equity and Inclusion Manager, and Kirsten Santelices, Deputy City Manager Summary In April 2023 the City Council directed City staff to develop an agreement with the Robbinsdale School District. The District requested that the City consider placing an School Resource Officer (SRO) back in the schools after a two-year hiatus, during which the District ran a separate pilot program. During its April work session the City Council asked staff to create an agreement to include the following elements or outcomes: Increased conflict-resolution capacity within the schools Restorative practices Transparent data collection and release of data Increased safety for students Improved communication between the District and the GVPD Improved safety coordination between the District and GVPD Ensuring supportive and healthy environments for students Measures to interrupt the school to prison pipeline Clarity of both the mission of the SRO program and the role of the SRO Clear student-centered deliverable outcomes Attached is a draft of this agreement. Staff will continue to work through the details of the data section based on current data the GVPD and school district individually collect, the MN Data Practices Act, and future discussions with data consultant and the district. City staff will review the draft agreement with School District officials and the School District may have staff present at the City's July work session to listen to the discussion. City staff were also informed that the School District applied for and received grant funding to develop diversion programs for students. City staff intends to work with the District to create consistency with existing and future City 4 diversion programs. The contract contemplates partnership with the Legal Rights Center with whom the School District has an existing relationship. City staff have had preliminary discussions with the Legal Rights Center and intends to follow up regarding the specifics of their involvement a discussion with the School District. In addition to the draft document, the City's Police Employment Accountability and Community Engagement (PEACE) Commission has attached a position letter for City Council consideration. Supporting Documents SRO PEACE Position Correspondence DRAFT SRO Agreement Golden Valley and Independent School District 281 (2023-2024).docx 5 June 26,2023 To:Golden Valley City Council From:Golden Valley PEACE Commission The PEACE Commission represents a rich range of identities and areas of expertise.We are middle school teachers,clinical social workers,formerly incarcerated persons,parents,attorneys, grandparents,human resource managers,neighbors and restorative practice experts.The role of the PEACE Commission is to,“conduct research regarding current and historical policing practices, GVPD policies and procedure,and police data,”and to “present data and research to the City Council and make recommendations to the City Council and staff based on research and community engagement.”1 As Commissioners,we take this role very seriously. We are fully aware of all of the events at Sandburg Middle School that prompted the request for an SRO and our Commission understands the extreme fear that can be activated after critical incidents. We stand committed to making violence unthinkable in our schools and protecting children.It is crucial for stakeholders like the Golden Valley City Council,who are invested in our schools,to collaborate in order to find innovative solutions so that school violence is addressed and ensure our responses are centered on accountability,equity and healing and safety. It is the position of the PEACE Commission that Golden Valley should not place an armed police officer in Sandburg Middle School as an SRO.Many of us as PEACE Commissioners engaged in long and meaningful conversations with city council members,staff members,community members, the Golden Valley Police Department and we have talked as a Commission.Because most studies of armed police in schools are funded by organizations run by and supportive of law enforcement, whose focus is advocating for increased police presence,we were cautious of research bias.The PEACE Commission reviewed a very broad and immense array of independent data and,in conjunction with the above mentioned conversations,came to this recommendation. We strongly believe that introducing an armed SRO into Sandburg Middle School is a detrimental decision that could have far-reaching and numerous unintended negative consequences for students, teachers,and the overall learning environment.We would like to be very clear that our position against the use of an armed SRO officer in Sandburg Middle School is strongly embedded in our desire to interrupt and prevent historical and systemic harm and does not serve as a personalized statement about our Golden Valley Police Department nor its leadership. 1 “News &Quick Links,”Golden Valley,MN |Official Website,accessed June 21,2023,https://www.goldenvalleymn.gov/. 6 The PEACE Commission position is centered around the following fundamental concerns: Ineffectiveness of armed SROs: After over a decade of rigorous independent research,there remains little to NO evidence that an armed SRO in a school reduces or prevents school gun violence.2 Recent cross sectional analysis looking at every recorded incident in the nation of school shootings continues to suggest and support no association between having an armed officer and deterrence of violence in these cases.3 We do not believe that the response to gun violence concern in a middle school is more guns;regardless of who is carrying them.The research supports that.In fact,new and relevant data demonstrates an armed officer on the scene was the number one factor associated with increased casualties in school shootings.4 If the goal is to decrease gun violence or risk of gun violence in Sandburg Middle School,an armed police officer is not the answer.Placement of an armed officer will only serve as a false sense of safety but not actually provide security,and Sandburg deserves security. Negative impact on historically marginalized groups: There is substantial longitudinal evidence to suggest that the presence of armed police officers in schools does disproportionately affect students from marginalized communities.Sandburg Middle School welcomes over 500 students in grades 6-8 into its doors during the school year. The majority of these students are children of color.With 65%of enrollment that of children with a minoritized identity,this means we are increasing the likelihood of students who are Black,Indigenous and people of color are in the presence of a learning environment with an armed police officer everyday at their school.This unnecessarily exacerbates educational inequities and perpetuates harmful social outcomes.5 It is concerning to us that a predominantly non-white school would have an armed police officer but this is,unfortunately,not surprising.According to national cross sectional research, schools with a relatively high Black or Latinx population are more likely to have an SRO, regardless of students’economic backgrounds,on average.34 to 37 percent of schools with high concentrations of Black or Latinx students have SROs present,compared with 5 to 11 percent of predominantly white schools.6 We have an opportunity as the City of Golden Valley to interrupt this disturbing trend by supporting a security presence without a gun. 6 School resource officers -urban institute.2023. https://www.urban.org/sites/default/files/2023-04/Unequal%20Exposure%20to%20School%20Resource%20Officers%2C%20by%20Student%20Race%2C%20Ethnicity%2C% 20and%20Income.pdf. 5 The prevalence and the price of police in schools.2020.https://cepa.uconn.edu/wp-content/uploads/sites/399/2020/10/Issue-Brief-CEPA_C-Connery.pdf. 4 Jillian Peterson,James Densley,and Gina Erickson.“Presence of Armed School Officials and Fatal and Nonfatal Gunshot Injuries during Mass School Shootings,United States,1980-2019.”JAMA Network Open 4,no.2 (2021).https://doi.org/10.1001/jamanetworkopen.2020.37394. 3 Jillian Peterson,James Densley,and Gina Erickson,“Presence of Armed School Officials and Fatal and Nonfatal Gunshot Injuries during Mass School Shootings,United States,1980-2019,”JAMA Network Open 4,no.2 (2021),https://doi.org/10.1001/jamanetworkopen.2020.37394. 2 Sorensen,Lucy C.,Montserrat Avila Acosta,John Engberg,and Shawn D.Bushway.(2021).The Thin Blue Line in Schools:New Evidence on School-Based Policing Across the U.S..(EdWorkingPaper:21-476).Retrieved from Annenberg Institute at Brown University:https://doi.org/10.26300/heqx-rc69 7 Research reveals that students with disabilities,Black students,and other students of color are disproportionately arrested or referred to law enforcement,which leads to poorer education, health,and life outcomes.Furthermore,the US Department of Education’s Civil Rights Data Collection (CRDC)findings show that students with disabilities are arrested more than their nondisabled peers;Black students are arrested at three to four times the rate as White students;and Native American students are arrested at two to three times the rate of White students.7 With this racialized disparity as a reality,we cannot,in good conscience,support placing an armed SRO in Sandburg Middle School.It is local,individual decisions like the one before us that contribute to these systemic findings. A comprehensive review of the literature on this topic reveals a very alarming trend that does not reflect equitable outcomes.When SRO’s are placed in schools,teachers and administrators often defer to these armed police officers to address routine behavioral concerns.Analysis of national school police data shows that schools with police presence have an arrest rate that is 3.5 times higher than schools without a police presence.8 Native American students with an SRO have 66%greater odds of being disciplined.9 Many of these SRO contracts began with good intentions with parameters and “good training”but the reality of placing an armed officer in a school stands.Having an armed officer embedded in a middle school is not only disproportionately harmful,it is completely unnecessary given the innovative and restorative ways communities are keeping themselves safe. Placing an armed SRO is contrary to the vision and values of the city of Golden Valley: The Golden Valley mission states,“The City of Golden Valley delivers high-quality,responsive services to ensure the community remains a vibrant and welcoming environment in which to live,work,and play.”10 Decisions to place armed SROs in schools are often reactive and based on feelings and fear;not fact.We,as community members,have heard the fear narratives used to defend armed SRO placement in educational settings.The PEACE Commission strongly asks that our City Council remain firmly grounded in decades of independent data sources that embody our mission to deliver responsive services. Most importantly,according to our website,Golden Valley represents and embodies values of innovation,inclusion,and courage.”This is an opportunity for the City Council to embody those values in this vote.Placing an armed police officer into a middle school is not innovative, it is not inclusive or equity centered and it is not a reflection of courage but rather relies heavily on historically harmful practices. 10 “News &Quick Links,”Golden Valley,MN |Official Website,accessed June 21,2023,https://www.goldenvalleymn.gov/. 9 Pentek,Christen,and Marla E.Eisenberg.“School Resource Officers,Safety,and Discipline:Perceptions and Experiences across Racial/Ethnic Groups in Minnesota Secondary Schools.”Children and Youth Services Review 88 (2018):141–48.https://doi.org/10.1016/j.childyouth.2018.03.008. 8 Mann,A.,A.Whitaker,S.Torres-Guillen,S.Morton,H.Jordon,S.Coyle,and W.L.Sun.Cops &No Counselors:How the Lack of School Mental Health Staff is Harming Students (2019).Retrieved from American Civil Liberties Union:https://www.aclu.org/report/cops-and-no-counselors. 7 Police in school -Alameda County Health Care Services Agency.Accessed June 26,2023. https://www.achealthyschools.org/wp-content/uploads/2021/02/CHSC-Literature-Review-Police-in-Schools-and-Re-imagining-School-Safety.pdf. 8 We believe we should prioritize investing in comprehensive strategies that set Golden Valley on the forefront of unarmed,trauma-informed and culturally responsive prevention and support.We need partnership with programs that promote culturally responsive,trauma informed conflict resolution,de escalation,healing justice approaches,and mental health support.We know from our meetings that these options are available and possibly even funded.These possibilities ask us all to challenge the notion that more surveillance and another gun is the answer.We acknowledge that a world without harm is not possible and we have an opportunity to work towards making a solution that makes these incidents unthinkable. We would like to thank the Golden Valley City Council for considering the PEACE Commission position on this critical decision and look forward to our continued partnership and service as commissioners.Thank you for your consideration of our position. In solidarity, PEACE Commissioners 9 1 SCHOOL RESOURCE OFFICER JOINT POWERS AGREEMENT BY AND BETWEEN INDEPENDENT SCHOOL DISTRICT 281 AND THE CITY OF GOLDEN VALLEY THIS AGREEMENT made this ____ day of ____________, 2023 by and between INDEPENDENT SCHOOL DISTRICT 281, a Minnesota school district (the “District”) and the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation (the “City”). Background The City and the District desire to implement a public safety program at Sandburg Middle School and Robbinsdale Academy – Highview (the “Program”) by engaging the services of a school resource officer (the “Officer”), other City resources as deemed necessary by the City, and the Legal Rights Center. The Safe Schools Levy provides monetary funds to school districts to cover costs associated with student and staff safety issues, including: a. peace officer liaison services; b. drug abuse prevention programs; c. gang resistance education training curriculum; d. security in the district's schools and on school property; e. other crime prevention, drug abuse, student and staff safety, voluntary opt-in suicide prevention tools, and violence prevention measures; f.licensed school counselors, licensed school nurses, licensed school social workers, licensed school psychologists, and licensed alcohol and substance use disorder counselors to help provide early responses to problems; g. facility security enhancements related to violence prevention and facility security; h. services associated with improving the school climate; and i.costs for collocating and collaborating with mental health professionals who are not district employees or contractors. The District has adopted a Robbinsdale Area Schools MN Model School Based Diversion Plan (the SBDM Plan”) which is a student-centered plan to keep youth from entering the criminal justice system due to arrests at school. The Plan acknowledges that: a. Every youth should have the opportunity to reach their full academic potential, which requires that school environments be safe and nurturing for all. b. Disruptive and unsafe student behavior can be addressed in inclusionary, effective ways. c. Typically, practices of school-based arrests are inherently exclusionary, and their use and overuse among some student demographics, such as students of color and students with disabilities, can lead to negative educational and social-emotional outcomes for youth. The City and School District desire to collaboratively provide public safety and public wellness services that support the Schools’ mission and are consistent with the District’s adoption of the Minnesota Model of School Diversion. 10 2 Terms 1. MISSON, PURPOSEAND DESIRED OUTCOMES. a. The parties shall work collaboratively to provide public safety services that support the schools’ mission to inspire and educate all learners to develop their unique potential and positively contribute to their community and that are consistent with the SBDM Plan. b. The purpose of the Program is to create wellness for Sandburg Middle School and Robbinsdale Academy—Highview (collectively, the “Schools”) community members by providing trauma informed safety and wellness services that promote a positive school climate and relationship building, especially between teachers and students. The Program also aims to prevent exclusion and disproportionality in school discipline that can arise due to the presence of a police officer in a school setting. c. The parties shall work together to ensure the Program achieves the following desired outcomes (collectively, the “Desired Outcomes”): i. Substantially reduce the number of youth arrested in Robbinsdale schools and referred to the justice system; ii. Improve academic attendance and success by reducing the use of exclusionary discipline practices; iii. Eliminate racial and ethnic disparities in school-based arrests and exclusionary school discipline practices; iv. Provide students with access to services to address underlying needs and promote long-term well-being; v. Engage in restorative practices and approaches before relying on punitive interventions; vi. Create wellness for Sandburg and Highview community members by providing trauma informed wellness services; and vii. Increase community member, specifically student, sense of safety in school buildings by providing data informed safety services. For purposes of this Agreement, community member means students, staff, parents, and volunteers of the Schools. 2. TERM OF AGREEMENT AND TERMINATION. a. The term of this Agreement shall be for a twelve-month period from _________, 2023 to June 30, 2024. b. Either Party may terminate this agreement upon sixty (60) days’ written notice to the other Party. In the event of a termination, any payments shall be prorated. 3.LEVY.The District shall levy the maximum amount permitted by law to the tax payers in the Robbinsdale School District to help fund the school resource officer position. For the 2023-2024 school year, the maximum levy amount for Sandburg and Highview is $56,652.31. 4.PROGRAM FUNDING.By May 1 of each year, the District shall meet with the Chief Law Enforcement Officers of each community providing liaison services to the District to allocate available funds to support the cost for the officers for the next school year. The City shall invoice the District for the first half of the payment on January 1 and for the second half of the payment on June 30. The funding provided to the District for the 2023-2024 school year is $56,652.31 per FTE. The cost to the 11 3 City of employing one FTE is $151,652.80 per year or $113,739.60 during the 2023-2024 school year September through June). 5.SCHOOLS SERVED.Sandburg Middle School and Robbinsdale Academy—Highview shall receive services under this Agreement. 6.OFFICER ASSIGNMENT AND COMPENSATION. a. The City shall, subject to GVPD staffing levels, assign, in accordance with all applicable state laws, employees to provide services to the District in accordance with the duties and responsibilities defined in this Agreement. The City will assign one licensed peace officer to serve as school resource officer during the regular school year (170 student days) covered by the term of this Agreement. b. The District shall pay the City $56,652.31 in exchange for the services. The number of peace officers or other City employees performing services under this Agreement may be modified by mutual agreement of the parties. c. The SRO Officer shall be a designated “school official” with regard to the Family Educational Rights and Privacy Act while under contract and providing SRO services to the District. d. All law enforcement services provided to the District shall be at the sole discretion of the City and all services shall be rendered in a manner consistent with this Agreement. e. The District may request additional officer presence at school related events and functions. The terms and compensation for any such engagements shall be negotiated between the parties separately. 7.OFFICER COMPENSATION.The City will be responsible for all payments regarding compensation, benefits, pension plans and withholding for its employees performing services under this Agreement. 8.SHARED ENFORCEMENT PHILOSOPHY. The parties agree that school officials and police department staff play important and distinct roles in ensuring school safety and wellness and achieving the Desired Outcomes. Accordingly, the parties agree to adhere to the following principles with respect to the use of police powers under this Agreement: a. The Officer shall not act as a school disciplinarian or enforcer of school regulations or use police powers to address school discipline issues, including non-violent disruptive behavior. The Schools shall be responsible for student code of conduct violations and routine disciplinary action. b. The Schools shall be responsible for investigating and responding to disciplinary issues, including offenses that may constitute low-level criminal activity, including but not limited to allegations of threats, physical altercations, larceny, receiving stolen property, destruction of or injury to property that is not willful and malicious or that does not cause substantial harm to school property, or the taking of property not of substantial value. c. The Officer shall be responsible for investigating and responding to potential criminal offenses that require immediate intervention. Notwithstanding the foregoing, the parties acknowledge that many acts of student conduct that may contain all the elements of a criminal offense are best or more appropriately handled through the Schools’ disciplinary 12 4 process. Therefore, the Officer shall only investigate or respond to matters when the conduct is criminal in nature and: i. Poses substantial harm to the physical well-being of the student or another person; or ii. Is willful and malicious and causes substantial harm to the School’s property; or iii. Constitutes the taking of property of substantial value belonging to another with intent to permanently deprive the property owner of the property. Additionally, except as otherwise required by law, the Officer shall only conduct investigations related to students attending the Schools for incidents that occur on school property or are directly related to the Schools. Nothing in this paragraph shall preclude school staff from undertaking parallel disciplinary, restorative, or administrative measures that do not interfere with a criminal investigation. d. When circumstances require immediate intervention to maintain safety (whether or not the conduct involves criminal conduct) and if prior de-escalation attempts by school staff are unsuccessful, the Officer may act to de-escalate the immediate situation to protect the physical safety of the school community. To this end, school personnel may request the presence of the Officer when they have a reasonable and articulable fear of an imminent threat to their safety or the safety of students or other personnel. e. The parties shall refer students to school or community-based accountability programs or services, including but not limited to peer mediation, restorative justice, and provision of mental health services, prior to taking punitive actions, whenever possible. f.The Officer shall consult with the principal or principal’s designee prior to an arrest whenever practicable, and the Schools shall notify the student’s parent or guardian as soon as practicable after an arrest. g. In the event an investigation by the Officer leads to custodial questioning of a juvenile student, the Officer shall notify the student’s parent or guardian in advance and offer them the opportunity to be present during the interview.The Officer shall not continue questioning of a juvenile without parent or guardian presence or waived rights to be present during the interview. h. The Officer shall not act in place of teachers, administrators, or licensed school psychologists, psychiatrists, or counselors. i.The Officer may only use force or non-chemical restraints when a student’s actions pose an imminent threat, as a last resort, or the student is subject to arrest. The Officer shall always use the minimum amount of force necessary. j.The Officer shall not be used as support staff, such as hall monitor, substitute teacher, or cafeteria attendant. 9.ROLES AND RESPONSIBILITIES OF POLICE DEPARTMENT/CITY. The City agrees to assume the following roles and responsibilities: a. Provide all City staff involved in the Program the training necessary to achieve the Desired Outcomes, including but not limited to: conflict resolution, harm reduction practices, restorative circle practices, community de-escalation, adverse childhood experiences (ACE) and trauma-informed care (TIC) training. 13 5 b. Provide all City staff involved in the Program training on the ongoing collateral impact on students and families of police actions and presence within a school setting. c. Ensure the GVPD policy manual allows the Officer to exercise discretion to create the Desired Outcomes. d. Except as otherwise required by law, prohibit City staff from documenting contacts with youth other than anonymized data disaggregated by race, gender, age. e. Work with the District, the Legal Rights Center, and the City Prosecutor to develop a program to facilitate expungement of cases and arrest records for students when appropriate or required to achieve the Desired Outcomes. f.Make reasonable efforts to hire staff, including an Officer, with personal experience as or with justice impacted youth and families. g. Enforce standards of performance, conduct and discipline; conduct performance reviews; and handle all internal matters related to City staff and their performance under this Agreement. h. Collaborate with School administrative staff to develop a regular work schedule for City employees performing duties on School District property under this Agreement. i.Require all City employees working on District property under this Agreement to fulfill the following roles and responsibilities: i. Act as a liaison between the District and the police department. ii. Collaborate with other service providers and be able to identify and provide the correct wrap around services to students and families. iii. Prioritize the wellbeing and long-term success of students and families. iv. Understand the physical and emotional space inside the Schools and attend trainings with school staff and individually to understand the complexity of the space and the needs of the students. v. Attend a yearly training in child development, such as Adverse Childhood Experiences (ACE), de-escalation techniques appropriate for use with children in a school setting, mental and physical limitations and trauma, racial equity, recognizing and addressing implicit bias, non-violent crisis intervention, LGBTQIA2S+ awareness, and threat assessment. vi. Attend periodic restorative practice training provided by the Legal Rights Center or like organizations. vii. Refrain from intervening in cases involving minor issues such as misbehavior, arguments, theft, or criminal trespassing. viii. Attend training to understand the ongoing collateral impact of police actions on students and families. ix. When requested by youth support systems (parents, kinfolk, guardians, etc.), engage with and empower those support systems to intervene on their children’s behalf. x. Hear all perspectives before determining a course of action, including students, witnesses, teachers, and, in the case of taking punitive legal action, the school principal, school behavioral health staff, the child’s parent/guardians, student advocates as applicable, and GVPD. 14 6 10.ROLES AND RESPONSIBILITIES OF THE OFFICER. The Officer shall assume the following roles and responsibilities: a. Abide by the shared enforcement philosophy in paragraph 8 of this Agreement. b. As applicable, participate in all activities related to the City’s role and responsibilities as stated in paragraph 9 herein and the District’s roles and responsibilities as stated in paragraph 11 herein. c. Be present at the assigned School at the agreed upon times. d. Conduct non-law enforcement activities as agreed to by the Officer’s supervisor and the principal. In collaboration with the School District, assist with organizing, facilitating, and leading “lock down” drills for students and staff, which shall occur twice per school year. e. Collaborate with District and outside partners to provide training on various subjects to faculty and staff as agreed to by the Police Department, the District, and the Legal Rights Center. f.Upon request, attend conferences with students, parents, and staff members to assist students with crime prevention or other law enforcement related issues. g. Except as otherwise required by law, maintain confidentiality in all matters. h. Learn about wrap around services available to students in the community and in the Schools and refer students to said services as appropriate to meet the Desired Outcomes. i.Work with school staff to develop plans and strategies to prevent and minimize dangerous situations at the Schools. j.Work with school staff and the Legal Rights Center, or a similar community organization, to create and deliver educational programs to students. k. If the Officer takes law enforcement action at the Schools, the Officer shall make the principal aware of such action as soon as practicable. Whenever practicable, the Officer shall advise the principal before requesting additional police assistance on campus. If use of force becomes necessary, the Officer shall follow all applicable city, state, and federal laws, rules, regulations and policies, as well as all requirements of this Agreement. l.When necessary, provide assistance to other law enforcement and government agencies in matters regarding their assigned school, provided said assistance is consistent with the terms of this Agreement. 11.ROLES AND RESPONSIBILITIES OF DISTRICT.The District agrees to assume the following roles and responsibilities: a. Continue its partnership with the Legal Resource Center to increase staff and student capacity for restorative practice in the school community and include the Officer in relevant trainings. b. Share any applicable Continuity of Operations Plan with all City staff working in District buildings. c. Communicate the presence of an Officer in the Schools to all students and families, including ways for students and families to contact the officer, provide feedback or submit complaints about the Program or the Officer. d. Solicit regular feedback and direction about the Program directly from studentsand parents or guardians and share summary data regarding said feedback with the City and Police Department. 15 7 e. Provide wrap around services to students who defy school rules, misbehave or experience one of the following: i.homelessness or transitory home life ii.homophobia, transphobia, cis-sexism, and heterosexism iii.racial slurs or epithets, or other racial discrimination or prejudices iv.ableism or similar discrimination v.mental or emotional crisis f.Train students and staff regarding students’ right to be protected against self-incrimination, unwarranted searches by law enforcement, and other constitutional rights. In partnership with the City create and disseminate communication on a bi-annual basis to parents and legal guardians information regarding students rights to be protected against self- incrimination, unwarranted searches by law enforcement, other constitutional rights, and how to engage with law enforcement to uphold one’s rights. g. At least once annually, provide training and information to educators and other school staff on the distinct roles of school administrators, teachers, and staff, and school resource officers in addressing student behavior and conduct, consistent with this agreement. h. Require co-response whenever possible, especially for non-violent circumstances, behavioral health crises, and mental health concern. i.Provide the Officer accurate and complete information regarding the District’s disciplinary policies, procedures, and pilot programs relating to school safety. j.Invite the Officer to trainings intended for all building staff. k. Provide the City with a written appraisal of the services rendered by the Officer at the end of each contract term. l.Immediately notify the City in writing of any performance deficiencies or inappropriate conduct of City staff, including notifying the City of complaints by school officials, parents, guardians, or students regarding the behavior of the Officer within 5 business days. 12. INFORMATION SHARING. The parties acknowledge the benefit of appropriate information sharing for improving the health and safety of students and also the importance of limits on the sharing of information about students with law enforcement. Accordingly, the parties agree to abide by all applicable laws and regulations related to student privacy and information sharing and to operate according to the following guidelines: a. In order to facilitate prompt and clear communication, the Officer and the principal shall be the primary points of contact for sharing all types of student information. b. When school staff learn of conduct by a student for which a law enforcement response may be appropriate under the terms of this Agreement, the principal shall inform the Officer. If a teacher or other staff member has information related to such conduct, the teacher or staff member should communicate such information to the principal. The principal and Officer shall decide together whether law enforcement action is appropriate under the terms of this Agreement. c. The parties acknowledge that the students may benefit from the Officer having knowledge of the accommodations or approaches required for students with mental health, behavioral, or emotional concerns who have an individualized education program (“IEP”) under the 16 8 individuals with Disabilities Education Act or a plan under Section 504 of the Rehabilitation Act (“504 Plan”). School personnel shall notify parents or guardians of such students of the opportunity to offer the Officer access to the portions of the IEP document or 504 Plan that address these accommodations or approaches. It is within the sole discretion of the parents or guardians to decide whether to permit the Officer to review such documents. The parent or guardian must provide written, informed consent, which shall specifically designate the IEP or 504 Plan documents that may be shared with the Officer, describe the purpose of sharing the records, and explicitly authorize the Schools to share the records with the Officer. The Schools assign a qualified staff member to review the documents with the Officer and assist the Officer in understanding the documents and how the Officer may support the student. d. Student information obtained solely during a communication with School staff deemed privileged or confidential due to the staff member’s professional licensure shall only be disclosed with proper consent, or if the communication is subject to the limits and exceptions to confidentiality applicable to the licensed professional, or is required to be disclosed by law (e.g. mandatory reporting, immediate threats of harm to self or others, etc.). e. Student information gathered as part of a “Verbal Screening Tool for Substance Abuse Disorders” shall only be disclosed pursuant to the limitations and requirements in CITE LAW. f.The parties acknowledge that from time to time an emergency situation may arise that poses a substantial and immediate threat to human safety or to property with the risk of substantial damage. School personnel having knowledge of any such emergency situation should immediately notify (or cause to be notified) GVPD by dialing 911 and, if practicable, notifying the Officer and the principal. Nothing in this section or this Agreement shall prevent the principal from reporting possible criminal activity or conduct by a person who is not a student of the Schools. Nothing in this section or this Agreement shall prevent School personnel from complying with all applicable reporting requirements under state and federal law. 13. TRANSPORTING STUDENTS. The Officer shall not transport students in Police Department vehicles except: a. When the students are victims of a crime, under arrest, experiencing a medical emergency, or some other emergency circumstance exists. b. The Officer shall notify school personnel before removing a student from the Schools. 14. MEASURING SUCCESS. a. To achieve desired outcomes, except as otherwise required or prohibited by law, the parties shall collect the following anonymized data disaggregated by race, gender and age: i. Student arrest data; ii. Student attendance data; iii. Diversion and restorative practice program data; iv. Reports of discrimination, bullying, and harassment; v. Number of times Officer presence is requested by building staff, including name of staff member requesting officer presence, reason for request, and outcome; 17 9 vi. Amount of time the Officer spends on law enforcement activities, disciplinary activities, attending school events and functions, meeting with students and families, etc.; vii. Perception of safety data from parents, students and staff; viii. Law enforcement data, including police calls for service criminal charges, and arrests in school-related incidents. This data shall include, at a minimum, whether the contact was a general law enforcement referral, a police call, a criminal charge, or an arrest; the referral source (e.g. administrator, staff member, student, etc.); whether the student was charged with a crime; the category of the crime charged; and student and referral source demographic data for all students and staff involved. The Police Department will compile this data in a statistical report (the Activity Report”) and provide it to the School District on a monthly basis. The Activity Report may also contain narrative data provided by students, parents or guardians, staff or the Officer, provided, however, that the Activity Report shall contain only public data. b. The parties agree to conduct an annual performance evaluation of assigned City staff to include feedback from School district staff, students, parents or guardians of students and an annual equity analysis, including data disaggregated by race, ethnicity, gender/gender identity, and biological sex/sex-assigned-at-birth. 15.SUPPLIES AND EQUIPMENT.Each party shall provide any required clothing, uniforms, and equipment required for its employees to perform their duties under this Agreement. The District shall provide the Officer access to an office equipped with a desk, telephone, chairs, and office supplies to be used for general business purposes. 16.INDEMNIFICATION.To the fullest extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1a; provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. Each party also specifically intends that the single tort cap limits specified for cooperative agreements under Minn. Stat. § 471.59, subd. 1a, or as such statute may be amended or modified from time to time, shall apply to this Agreement and to the activities of the parties hereunder. The statutory limits for the parties may not be added together or stacked to increase the maximum amount of liability for either party. Neither party waives any defenses or immunities available under Minnesota Statutes Chapter 466. 17.INSURANCE. The parties shall maintain reasonable insurance coverage throughout the term of this Agreement. Each shall name the other party as an additional insured and such insurance policies shall not be cancelled or amended unless 30 days’ written notice is provided to the other party. 18.NOTICE.Any notice, demand, request or other communication that may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified postage prepaid and addressed as follows. If to the City: Attn: City Manager, City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 555427. 18 10 If to the District, Attn: Executive Director of Finance, Business Office, 4148 Winnetka Avenue N., New Hope, MN 55427. 19.ENTIRE AGREEMENT; AMENDMENTS.This Agreement constitutes the entire agreement between the parties and no other agreement prior to this Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purposed amendment shall not be effective unless it is set forth in writing, approved, and signed by both parties. FOR THE CITY FOR THE DISTRICT Shepard M. Harris, Mayor Name, Title Timothy J. Cruikshank, City Manager Name, Title 19 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session July 11, 2023 Agenda Item Update On Public Safety Issues in Theodore Wirth Park Prepared By Alice White, Assistant Police Chief Summary City staff will be present to provide an update on public safety issues in Theodore Wirth Park. MPRB representatives will be present to listen to the discussion and answer questions. 20 Review of Future Draft Agendas Meeting & Item Info July 18, 2023 City Council Special Meeting - 5:30 PM Commissioner Interviews Discussion Regarding Appointments/Reappointments Adjournment July 18, 2023 City Council Meeting - 6:30 PM 1A - Pledge of Allegiance and Land Acknowledgement Presentation Appreciation for Senator Rest and Representative Freiberg Presentation by Hennepin County Sheriff Dawanna Witt Swearing-In Ceremony for New Members of the GVPD Proclamation for National Night Out Consent - Licenses Consent - Boards, Commissions, and Task Forces Board/Commission Appointments Consent - Bid, Quotes, and Contracts Approve Annual Bobcat Trade Out Authorize Agreement with Tree Trust for Fall Tree Sale Authorize Agreement for SEA-Wildwood Park Sun Shelter with Minnesota-Wisconsin Playground Inc. Approve School Resource Officer Agreement with ISD 281 Consent - Grants and Donations Consent - Miscellaneous Approve Update to City's Data Practices Policies, Resolution Adopt Resolution Accepting the Passage of the New Law Authorizing the Enactment of the Local Sales Tax Public Hearing 2425 Douglas Drive Hazardous Building Declaration Old Business New Business First Consideration of Updates to Animals Ordinance (Bees and Goats) First Consideration of Updates to Solid Waste Ordinance (Backyard Composting) August 2, 2023 City Council Meeting (Wednesday) - 6:30 PM 1A - Pledge of Allegiance and Land Acknowledgement Presentation Consent - Council Minutes Approval of all July Council minutes Consent - Licenses Consent - Boards, Commissions, and Task Forces Consent - Bid, Quotes, and Contracts Approve Professional Services Agreement for Design and Construction Services on Adair Avenue Watermain Rehabilitation Project Authorize Agreement for DeCola Ponds SEA-Wildwood Outlet Pipe Replacement Project (Contractor TBD) Consent - Grants and Donations Consent - Miscellaneous Approve Fire Department Policy Handbook Public Hearing Old Business Revocation of Conditional Use Permit No. 163 New Business 21 Meeting & Item Info Second Consideration of Updates to Animals Ordinance (Bees and Goats) Second Consideration of Updates to Solid Waste Ordinance (Backyard Composting) August 8, 2023 Special City Council Meeting (Closed Session) - 5:00 PM Conduct Annual Performance Evaluation of City Manager Tim Cruikshank August 8, 2023 HRA Work Session - 6:30 PM Discussion re: Proposed HRA Budget & Levy August 8, 2023 City Council Work Session - 6:30 PM PEACE Commission Annual Report and Work Plan Discussion Regarding Local Sales Tax Ballot Questions Review Annual Comprehensive Financial Report Review 2024-2025 General Fund and Preliminary Levy Council Review of Future Draft Agendas August 15, 2023 City Council Meeting - 6:30 PM 1A - Pledge of Allegiance and Land Acknowledgement Presentation Summer Park Junior Leader Recognition New Employee Introductions Consent - Licenses License - New & Used Vehicle Sales License Renewals Consent - Boards, Commissions, and Task Forces Receive the 2022 PEACE Commission Annual Report and Approve the 2023 Work Plan Consent - Bid, Quotes, and Contracts Consent - Grants and Donations Consent - Miscellaneous Adopt Resolution Approving Ballot Language for Referendum on Local Sales Tax Receive and File Previous Quarter's Financial Reports Approve Summary of Conclusion Regarding City Manager Performance Evaluation from Closed Executive Session on August 8, 2023 Public Hearing Old Business New Business September 5, 2023 City Council Meeting - 6:30 PM 1A - Pledge of Allegiance and Land Acknowledgement Presentation Consent - Council Minutes Approval of all August Council minutes Consent - Licenses License - THC Retail Establishments License Renewals Consent - Boards, Commissions, and Task Forces Consent - Bid, Quotes, and Contracts Approve of Transportation and Disposal of Fill Agreement with TBD Consent - Grants and Donations Consent - Miscellaneous Public Hearing Old Business New Business 22