Speed Bumps in Implementing the Public Safety Act Florida Educational Negotiators September 28, 2018 Prepared by Leonard J. Dietzen, III © 2018 Rumberger, Kirk & Caldwell, P.A.

Section 26 of the Act Section 1006.12, Florida Statutes is amended to read: 1006.12 Safe-school officers at each public school. – For the protection and safety of school personnel, property, students, and visitors, each district school board and school district superintendent shall partner with law enforcement agencies to establish or assign one or more safe-school officers at each school facility within the district by implementing any combination of the following options which best meets the needs of the school district… © 2018 Rumberger, Kirk & Caldwell, P.A.

“Partnership” Agreements Who pays for what? Current climate District by District analysis Fine print

Definition of School Facility Charter school? Adult education? Vocational or technical school? Virtual school testing center?

Quick Recap of Options School Resource Officers School Safety Officers School Guardians The Hybrid Approach © 2018 Rumberger, Kirk & Caldwell, P.A.

Issues Arising with SROs Many Districts are forming their own Police Departments due to the high cost of implementing the SRO option. A brief reminder of the differences: © 2018 Rumberger, Kirk & Caldwell, P.A.

Issues Arising with SSOs Can SSOs be unionized? Sarasota’s new police department

Issues Arising with Guardians The sheriff has the exclusive power to establish the guardian program. The superintendent has the power to decide whether to implement at the district. What happens when sheriff says “No” to District’s request for Guardian program? © 2018 Rumberger, Kirk & Caldwell, P.A.

Eligible Participants All school employees, except some classroom teachers as described below, are eligible to participate in the program. © 2018 Rumberger, Kirk & Caldwell, P.A.

Eligible Participants This includes instructional personnel described under s. 1012.01(2) sub-parts (b), (c), and (d) such as: Certified school counselors; Social workers; Career specialists; School psychologists; Librarians and media specialists; Learning resource specialists; Instructional trainers; and Education paraprofessionals. © 2018 Rumberger, Kirk & Caldwell, P.A.

Exceptions for Participation There is an exception for classroom teachers. Individuals who exclusively perform classroom duties as classroom teachers as defined in s. 1012.01(2)(a), Florida Statues, are excluded from participating in the program. This definition includes many, but not all, teachers. © 2018 Rumberger, Kirk & Caldwell, P.A.

Requirements for Guardian Program A sheriff who choses to establish the program shall, with superintendent’s approval, appoint as guardians volunteers who meet these criteria. Such guardians shall not have the power of arrest. © 2018 Rumberger, Kirk & Caldwell, P.A.

Requirements for Guardian Program They will: Hold a valid license to carry concealed weapon or firearm. Complete 132 total hours of comprehensive firearm safety and proficiency training conducted by CJSTC-certified instructors. Pass a psychological evaluation administered by a licensed psychologist designated by the Department of Law Enforcement. © 2018 Rumberger, Kirk & Caldwell, P.A.

Requirements for Guardian Program They will: Pass an initial and subsequent random drug tests. Complete ongoing training, weapon inspection and firearm qualification on an annual basis. Complete 12 hours of a certified nationally-recognized diversity training program. © 2018 Rumberger, Kirk & Caldwell, P.A.

Documentation for Guardians The sheriff will issue a school guardian certification to a person who meets all of the requirements of the Act. The sheriff shall also maintain documentation of weapon and equipment inspections, as well as the training, certification, inspection, and qualification records of each school guardian appointed by the sheriff. © 2018 Rumberger, Kirk & Caldwell, P.A.

Payments for Guardian Program The Act provides that the volunteer school guardians receive a one-time stipend of $500. The Act provides payment to Sheriffs, too; $67,000,000 in non-recurring funds for the guardian program are allocated to the sheriff’s office which establishes such a program. © 2018 Rumberger, Kirk & Caldwell, P.A.

Funding Concerns Recurring v. one-time payments $97,500,000 in recurring funds to Districts for hiring or contracting for SROs $500,000 in recurring funds and $67 million in non-recurring funds to sheriffs’ offices who establish a Guardian program One-time $500 stipend to each Guardian

Implementation in Districts Many Districts had a percentage of SRO coverage prior to the Act’s passage. Question was how to fill in the gaps. Guardian program initially seen as cray. Now 35 Districts have a form of the Guardian Program.

Union Demands for Guardians Life insurance Indemnity request Mental health treatment post incident Guaranteed employment More than $500 stipend

Current Negotiated Language Guardians shall be covered by a minimum of $1,000,000 liability insurance at no cost to the employee. Guardians shall have access to grief counseling not available through the Employee Assistance Program when such counseling is needed in relationship to their Guardian duties. This counseling will be at no cost to the Guardian.

Current Negotiated Language Training related to the professional development required for the program shall be at no cost to the Guardian. Ammunition and firearms shall be at no cost to the Guardian. All test results related to the psychological screening will be held confidential by the Sheriff’s Department to the extent authorized by law.

Current Negotiated Language Regarding the Use of Firearms Guardians who fulfill their role as a Guardian shall not be subject to discipline by the School District. They shall be entitled to due process rights in accordance with the CBA.

Current Negotiated Language Regarding the Use of Firearms In the event an employee acts in his/her role by pulling or discharging a weapon, he/she will be placed on administrative lave in order to provide time for investigation by appropriate law enforcement agencies.

School Board meeting technically illegal The SA’s Office believes that the Lake County School Board technically violated the states’ Sunshine Law when it met privately to discuss school security but concluded that the violation wasn’t serious enough to warrant prosecution.

School Board meeting technically illegal “It is the conclusion of this office that a technical violation of the law occurred during the closed session, but no prosecution is warranted because any harm was remedied by the discussion in the meeting that followed, coupled with the fact that no action was taken by the board.” – ASA Mark Simpson in a letter to the School Board attorney dated April 6, 2018

School Board meeting technically illegal The SA’s Office recommended that the School Board keep minutes of any closed-door meetings in the future.

Disclaimer The information provided during this presentation is not intended for legal advice. The presentation, and any handouts which may accompany it, provide general information on this topic and answers to common questions about this issue. Please consult an attorney to assure that this information, and your interpretation of it, is appropriate to your particular situation. © 2018 Rumberger, Kirk & Caldwell, P.A.

Thank you! Leonard J. Dietzen, III Rumberger, Kirk & Caldwell, P.A. P.O. Box 10507 Tallahassee, FL 32302-2507 (850) 222-6550 ldietzen@rumberger.com © 2018 Rumberger, Kirk & Caldwell, P.A.