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District-Wide School Safety Plan

School districts stand at risk from a wide variety of acts of violence, natural, and man-made disasters. To address these threats, the State of New York has enacted the Safe Schools Against Violence in Education (SAVE) law. Project Save is a comprehensive planning effort that addresses prevention, response, and recovery with respect to a variety of emergencies in each school district and its schools.

School districts must be prepared to handle serious emergencies quickly and effectively. The district-wide safety plan is required by law to ensure that schools are ready to prevent and minimize the effects of serious incidents and are able coordinate efficiently with local and county resources. The district-wide plan is consistent with a detailed emergency response plan at the school building level.

The HFM Board of Education adopted district-wide and building level safety plans after a public hearing that provided for the participation of school personnel, parents, students and any other interested parties. The plan is reviewed regularly and updated annually. Building level plans are confidential and provided to local police, sheriff and state police agencies, and are not subject to disclosure under Article 6 of the Public Officers Law or any other provision of law, in accordance with Education Law Section 2801-a. The district-wide plan is made available to the public.

Click here to download a printer-friendly version of the District-Wide School Safety Plan

PROJECT SAVE (Safe Schools Against Violence in Education)
Hamilton-Fulton-Montgomery BOCES DISTRICT – WIDE SCHOOL SAFETY PLAN
Commissioner’s Regulation 155.17, Updated August 2019

Introduction
Section I: General Considerations and Planning Guidelines
Section II: Risk Reduction/Prevention and Intervention Strategies
Section III: Response
Section IV: Recovery
Appendices

Introduction

Emergencies and violent incidents in school districts are critical issues that must be addressed in an expeditious and effective manner. Districts are required to develop a district-wide school safety plan designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the coordination of the district with local and county resources in the event of such incidents or emergencies. The district-wide plan is responsive to the needs of all schools within the district and is consistent with the more detailed emergency response plans required at the school building level. Districts stand at risk from a wide variety of acts of violence, natural, and manmade disasters. To address these threats, the State of New York has enacted the Safe Schools Against Violence in Education (SAVE) law. Project SAVE is a comprehensive planning effort that addresses prevention, response, and recovery with respect to a variety of emergencies in each school district and its schools.

The Hamilton-Fulton-Montgomery (HFM) BOCES supports the SAVE Legislation and intends to facilitate the planning process. The Superintendent of Schools encourages and advocates on-going district-wide cooperation and support of Project SAVE.

Section I: General Considerations and Planning Guidelines

A. Purpose

The HFM BOCES District-wide School Safety Plan was developed pursuant to Commissioner’s Regulation 155.17. At the direction of the HFM BOCES District Board of Education, the Superintendent of the HFM BOCES District appointed a District-wide School Safety Team and charged it with the development and maintenance of the District-wide School Safety Plan. The district wide plan was updated as of August 2019.

B. Identification of School Teams

As per Commissioner’s Regulation, Section 155.17 (c)(13), the HFM BOCES District-Wide Safety Team is comprised of administrators, school safety personnel, and other school personnel.

The Chief Emergency Officer for HFM BOCES is the District Superintendent, Dr. David Ziskin.

C. Concept of Operations

1. The District-Wide School Safety Plan shall be directly linked to the individual Building-Level Emergency Response Plans for the school building.  This District-Wide School Safety Plan will guide the development and implementation of Building Level Safety Plans.

2. This Plan has been developed using the New York State Education Guidance Document.

3. In the event of an emergency or violent incident, the initial response to all emergencies will be by the School Emergency Response Team.

4.  Upon activation of the School Emergency Response Team, the Superintendent of Schools or his/her designee will be notified and, when appropriate, local emergency officials will also be notified.

5. County and State resources through existing protocols may supplement emergency response actions, including post-incident responses.

D. Plan Review and Public Comment

  • This plan has been updated as of August 2019.
  • The district-wide and building-level plan was adopted by the School Board in 2001 after a public hearing that provided for the participation of school personnel, parents, students and any other interested parties. The plan must be formally adopted by the Board of Education.
    • Public hearing to be held annually by Sept. 1st.

Note 1: This was adopted initially in 2001, it is not necessary to go through the public comment period or re-adoption by the board, just an update.

  • Full copies of the District-wide School Safety Plan and any amendments will be submitted to the New York State Education Department within 30 days of adoption.
  • This plan will be reviewed periodically during the year and will be maintained by the District-wide School Safety Team. The required annual review occurred in August of 2019. Building-level Emergency Response Plans will be supplied to local police, the Sheriff’s department and the State Police within 30 days of the update.
  • While linked to the District-Wide School Safety Plan, Building-Level Safety Plans shall be confidential and shall not be subject to disclosure under Article 6 of the Public Officers Law or any other provision of law, in accordance with Education Law Section 2801-a.

Section II: Risk Reduction/Prevention and Intervention Strategies

A. Prevention/Intervention Strategies

Program Initiatives
  • Character Education Program
  • Agency consultation provided in schools
  • Dignity for All Students Act policy
  • Code of Conduct policy

1. Information will be available to parents/guardians on how to identify potentially violent behaviors. Information is available from the school guidance office.

2. If a teacher or administrator feels help for a student is warranted, it will be discussed with appropriate school personnel to determine the next step.

3. An interpersonal violence prevention education package will be taught as appropriate.

4. The HFM BOCES recognizes that communication is a vital key in the prevention and intervention of violence in schools; the District will continue to explore programs based on need.

5. The District’s referral process is utilized for the reporting of potentially violent incidents and following the District’s Code of Conduct.

6. Additionally, counselors are available in every school for students to share information where the source can be confidential.

Training, Drills, and Exercises

Three levels of annual multi-hazard school training will be considered in this plan for the upcoming school year:

  • Required drills to be held throughout the school year (8 evacuation, 4 lockdown drills)
  • general staff awareness training conducted during a Superintendent’s Conference Day  by BOCES HSRM staff and:
  • general student awareness training of emergency response procedures conducted by building staff (i.e. fire drills, lockdown drills)

Each year the District-Wide School Safety Team and/or Building-Level Teams will consider appropriate training for each of the groups listed above.

  • Lockout and Lockdown drills are conducted throughout the school year, also, an early release drill is done at least once a year.
  •  After each lockdown drill we have a building-wide meeting to discuss the drill and make changes if necessary.
Implementation of School Security
Safety Response

School staff is trained to be vigilant pertaining to threats against students and staff (i.e. bullying, violent behavior, etc.). The district continues to promote a culture of respect for the students and staff through the Dignity for All Students Act.

Security Devices
  • Surveillance cameras placed in various locations on campus.
  • Photo ID cards are issued to staff and tags to visitors, plus a sign in and sign out log. Visitors are required to wear a “Visitor” tag.
  •  Swipe card system used for all staff.
  •  All outside doors to remained locked, but will be accessible as an exit.
  •  Buzzer system with camera at each main entrance.
Vital Educational Agency Information

Each Building-Level Safety Plan will include the following information:

  • School population
  • Number of staff
  • Transportation needs
  • Business and home telephone numbers of key officials.

The Building-Level School Safety Teams will insure that this information is accurate and will be updated routinely.

B. Early Detection of Potentially Violent Behavior

1. 1.     Paying attention to early warning signs can help prevent or minimize violence to self and others. Certain emotional and behavioral signs, when viewed in context, can signal a troubled student.  Teachers are trained to recognize the signs that can be used to signal a student who may need help.  The more signs a student exhibits the more likely it is that he or she may need intervention. Early warning signs include, but not limited to:

  • Depressed mood or chronic crying
  • Decline in school performance
  • Verbal expressions about one’s own death
  • Giving away important personal possessions
  • Use of alcohol or drugs
  • Sudden lifting of severe depression
  • Recent withdrawal from therapy or psychological counseling
  • Purchase of knives, guns, or ropes
  • Verbal or written communications which appear to be saying “good-bye”
  • Feelings of guilt
  • Violent, aggressive behavior
  • Exaggerated mood swings
  • Running away
  • Talking about revenge or getting even with parents
  • Confusion and despair resulting from sudden death or suicide of a peer
  • Any sudden obvious changes in behavior
  • Eating disorders – changes in eating habits
  • Sleeping disorders – insomnia or excessive sleeping
  • Low energy level, constant fatigue
  • Decreased productivity or effectiveness
  • Pessimism about the future or brooding about the past
  • Loss of interest in formerly pleasurable activity
  • Inability to show pleasure
  • Reactions that seem inappropriate to the situation
  • Statements of inadequacy or low self-esteem
  • Social withdrawal – pulls away from friends
  • Irritability or excessive anger (which may be directed towards parents, caretakers, or siblings), rebelliousness, and belligerence
  • Neglect of personal appearance
  • Physical complaints
  • Preoccupation with illness, death, or catastrophic events
  • Decreased attention, concentration, or ability to think clearly

2. If a teacher or administrator feels help for a student is warranted, it will be discussed with appropriate school personnel to determine the next step.

3. The Superintendent of Schools will set specific times for the building principal(s), in conjunction with the District Professional Development Committee, to organize activities of particular concern as needed.

C. Hazard Identification

The District has established procedures in the Building-Level Safety Plans for the identification of potential sites and the internal and/or external hazards that may be present in them.  These procedures are developed in coordination with the local Emergency Management Office, Fire Department, and law enforcement agencies, and the use of a Risk Probability Checklist.

Location of Potential Sites: State Hwy 67 Internal or External Hazard: External
Location of Potential Sites: School Heating System Internal or External Hazard: Internal
Location of Potential Sites: School Bus Internal or External Hazard: External
Location of Potential Sites: Athletic Fields Internal or External Hazard: External
Location of Potential Sites: Field Trips Internal or External Hazard: External

Hazard Assessment (some external hazards are county wide)

Intruder
Predictability: 1  Approx. Frequency: 5 Warning Time: 1 Seriousness: 2 Possible Responses: 4, 5

Bomb Threat
Predictability: 1 Approx. Frequency: 2 Warning Time: 1 Seriousness: 5 Possible Responses: 1,3

Hazmat
Predictability: 1 Approx. Frequency:  2 Warning Time: 1 Seriousness: 4 Possible Responses: 1, 3

High Winds
Predictability: 3 Approx. Frequency: 2 Warning Time: 2 Seriousness: 5 Possible Responses: 1, 3

Bus Accident
Predictability: 1 Approx. Frequency: 5 Warning Time: 1 Seriousness: 3 Possible Responses: 2

Winter Storm
Predictability: 5 Approx. Frequency: 1 Warning Time: 4 Seriousness: 5 Possible Responses: 1,3

Predictability: 1) unpredictable through 5) very predictable
Frequency: 1) more than once/year; 2) annually; 3) every 2-3 years; 4) every 5-10 years; 5) rarely
Warning Time: 1) none; 2) minutes; 3) hours; 4) days; 5) exact likely dates known
Seriousness: 1) disaster (entire community w/casualties); 2) disaster (entire school w/casualties); 3) emergency (affects one or more individuals w/casualties); 4) emergency (entire community no casualties); 5) emergency (entire school no casualties)
Possible Responses: 1) Shelter-in-Place; 2) Hold-in-Place; 3) Evacuation; 4) Lockout; 5) Lockdown

Section III: Response

A. Notification and Activation

Policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident.

  • The person in charge (Incident Commander) will decide if the level of the incident classifies it as a “violent incident” (consistent with the definition of such an incident as defined in the district’s Code of Conduct). If appropriate, the Incident Commander will call 911.
  • In a crisis situation involving a violent incident, school staff should call 911 and notify the Incident Commander.

Procedures to contact parents, guardians or persons in parental relation to the students in the event of a violent incident or an early dismissal

  • Parents/Guardians will be contacted via telephone and school website automatically by the school district. Notification also is provided on our Facebook and Twitter pages for our facility.  In some cases, the public/parents may also be notified via media outlets.

B. Situational Responses

Response Protocols

The district uses emergency information folders in each room for important directional information when a response action is needed.  The Building-Level Safety Plans include identification of specific procedures for each action depending upon the emergency.

We have incorporated response protocols defined by state education department. It establishes definitions of lockout, lockdown, sheltering, hold-in-place and evacuation.  Our responses are based upon these guidelines and are included in the Building Level School Safety Plan.

Responses to Acts of Violence: Implied or Direct Threats/Acts of Violence

The District has enacted policies and procedures dealing with violence.  These policies and procedures deal with the safety of the school community, as well as the range of disciplinary action to be used when responding to threats or acts of violence.

Bomb Threats

Procedures and Guidelines are included in the Building-Level School Safety Plans for HFM BOCES. We use the NYS Police guidelines to bomb threats as protocol.

Hostage Taking

Procedures and Guidelines are included in the Building-Level School Safety Plans for HFM BOCES.

Intrusions

Procedures and Guidelines are included in the Building-Level School Safety Plans for the HFM BOCES.

Kidnapping

Procedures and Guidelines are included in the Building-Level School Safety Plans for the HFM BOCES.

Arrangements for Obtaining Emergency Assistance from Local Government

Policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident are included in the Building Level Response Plan for HFM BOCES.

  • The person in charge (Incident Commander) will decide if the level of the incident classifies it as a “violent incident” (consistent with the definition of such an incident as defined in the district’s Code of Conduct). If appropriate, the Incident Commander will call 911.
  • In a crisis situation involving a violent incident, school staff should call 911 and notify the Incident Commander.
Arrangements for Obtaining Advice and Assistance from Local Government Officials

Procedures for obtaining advice and assistance from local government officials including the county or city officials responsible for implementation of Article 2-B of the Executive Law.

  • The person in charge (Incident Commander) will decide if the level of the incident warrants obtaining emergency assistance. If appropriate, the Incident Commander will call 911
  • In a crisis situation, school staff should call 911 and notify the Incident Commander
District Resources Available for Use in an Emergency

Building Resources: Kitchen and serving areas
Transportation Resources: School buses, school vans, and maintenance vehicles
Personnel Resource: Staff with CPR/FA training, bus drivers
Other Resources: AEDs, Portable Fire Extinguishers

Agencies authorized to Request Use of Resources:

County Emergency Management Office
NYS Police
Montgomery County Sheriff’s Office
American Red Cross
Local Fire Departments
Town Government
FMCC Public Safety

Protective Action Options
School Cancellation

Superintendent of Schools or designee will announce the closing of school. Communication will be sent to all officials needed to proceed with the cancellation.

Early Dismissal

1) Preliminary Procedures

a) An annual request is made of parents of K-12 students to notify the school district where their child should go in the event that they are not home during school hours. Drivers will be alerted and substitutes contacted by the Transportation Office as to the possibility of an early or emergency dismissal.

2) All students are transported by bus back to their home schools.

Evacuation (before, during and after school hours)

Procedures and guidelines are included in the building-level school safety plans for HFM BOCES for an evacuation.

Sheltering Sites (internal and external)

Procedures and guidelines are included in the building-level school safety plans for HFM BOCES for sheltering sites.

Section IV: Recovery

District Support for Building

All the district’s manpower and resources will be available if it should endure an emergency. Mental health counseling, building security and restoration will be items of primary focus. Response and recovery will be a district goal.

Besides building security and restoration, the strategies will also include damage assessment, relocation and continuation of the educational process. A post-incident response critique, the notes from the incident command team and lessons learned will be assessed. Plans to mitigate the likelihood of occurrence or impact, if the incident does occur again, will be reviewed. If possible, efforts will be made to improve district facilities resulting in them being more resistant to suffering similar or worse damage.

Disaster Mental Health Services

The district understands how an emergency can have a major effect on the well being of students, staff and community at large. The district will coordinate resources with County Mental Health Services and the Post-Incident Crisis Response Team

APPENDICES

Appendix 1: Listing of all school buildings covered by the district-wide school safety plan

Building: HFM BOCES, 2755 State Hwy 67, Johnstown, NY 12095

Appendix 2: Policies and procedures for working with the Media

Information

  • Media interaction may be handled by: Superintendent or Designee
  • A law enforcement / emergency response agency PIO; or
  • Jointly, by both PIO’s listed above

Public Information Officer Information

  • Incident Commander and PIO functions may be handled by two different persons.
  • The School District PIO may work under, over or in cooperation with law enforcement and emergency response agency PIO’s.
  • The PIO should set forth clear media guidelines and communicate these guidelines to the media in writing.
  • The PIO should use a press release template for both a news conference script and/or a written press release.
  • The PIO should receive information and forms from the Incident Commander and other key function personnel on a regular basis throughout the emergency event.

Student/Parent/Guardian Information

  • Students, parents and guardians should be mindful of the situation during an emergency event when approached by the media for an interview. Safety and security issues may be comprised

Students should not communicate with the media via cell phone or other type of communication when on campus during any type of emergency situation.

Appendix 3: Student Release in an Emergency

Students will be released only to parents and persons identified on the School District Emergency Card, you may be asked to provide proof of identification upon arrival in order for the school to release the student(s). During an extreme emergency, students will be released at designated reunion location(s). Parents should be patient and understanding with the student release process.

Appendix 4: Emergency Contact information form

Located within each Main Office

Appendix 5:

Policies and procedures for responding to implied, or direct threats of violence or acts of violence by students, teachers, other school personnel, and visitors to the school:

  • Corporal Punishment
  • Alcohol and Other Substances
  • Child Abuse and Maltreatment
  • Drug Free Workplace
  • Firearms in School
  • Policy for Maintenance of Public Order on School Property
  • Code of Conduct
  • Sexual Harassment
  • Student Management Policy
  • Title IX/504/Civil Rights

Appendix 6:

Contract for Special Patrol Officer

Agreement between
Hamilton-Fulton-Montgomery BOCES
and
Fulton County Sheriff’s Office
SPECIAL PATROL OFFICER AGREEMENT

PREAMBLE,
This is an Agreement, between the Hamilton Fulton Montgomery BOCES (HFM BOCES), with offices at 2755 State Highway 67, Johnstown, NY 12095 and the Fulton County Sheriff’s Office with offices at 2719 State Highway 29, Johnstown, NY 12095 (the Sheriff), and

WHEREAS,
HFM BOCES desires that a uniformed Special Patrol Officer to be assigned to the HFM BOCES programs at Meco Elementary School to enhance security, help keep order, assist with providing a safe and comfortable environment within the schools; and to be available for administrators, staff, and students to assist in defusing and solving problems before they become a detriment to the learning environment and the health, safety and welfare of the students and faculty of the HFM BOCES, and

NOW, THEREFORE,
In consideration of the foregoing and mutual agreements as set forth herein below, IT IS HEREBY AGREED by and between HFM BOCES, Fulton County Sheriff and Fulton County, as follows:

ARTICLE I

TERM
It is the intent and provision of this agreement to provide for the services of a special patrol officer (SPO) with such services to be rendered throughout HFM BOCES as more fully described herein below for a term commencing for September 1, 2019 – June 30, 2020, with the deputy reporting to the HFM programs at the Meco Elementary School during student instructional sessions. There will also be up to five (5) orientation/training days held between July 1, 2019 and August 30, 2019 where HFM Administration and the Sheriff’s Department Officials will provide orientation and an overview of expectations for deputies stationed at the HFM BOCES programs at Meco Elementary School.

ARTICLE II

RIGHTS AND DUTIES OF THE COUNTY

The Sheriff shall provide a SPO and SPO services as follows:

A. Training
The SPO shall be a sworn law enforcement officer with demonstrated specialized training to work with youths at a school site. The SRO will also meet with HFM Administration to review student code of conduct and administrative expectations.

B. Assignment of School Resource Officer

1. The County shall assign one (1) regularly employed deputy sheriff to serve as SPO who shall serve HFM BOCES programs at the Meco Elementary School pursuant to a schedule to be determined in conjunction with the principals of the programs, the Superintendent of HFM BOCES (or his/her designee) and the Fulton County Sheriff, which will allow for regular rendition of services at said programs.
2. The SPO shall report directly to the Sheriff or his designee of the Fulton County Sheriff’s Office, who, as the SPO’s supervisor, will work with the school administration of HFM BOCES in providing for the rendition of SPO services as outlined herein.

C. Regular Duty Hours of Special Patrol Officer
1. Will include being present in HFM BOCES from 7:30am until 2:30pm on the days that school is open. It is expected the SPO will report to the FCSO before 7:30am for a morning briefing and to secure a patrol vehicle.
2. If the SPO is unable to report for duty due to sickness, injury, or any other unforeseen circumstance for a period of more than 2 days, the Sheriff will see that a replacement is assigned to HFM BOCES to serve in the SPO’s absence, should a deputy be available. If the Sheriff is unable to provide coverage due to staffing issues, he must notify HFM BOCES in writing within 72 hours and BOCES may cancel the contract and would only be liable for the actual amount of salary and benefits paid until the last day worked.

D. Duties of Special Patrol Officer

The SPO shall serve as an immediate resource to HFM BOCES officials, professional staff, and students, and in the roles of law enforcement officer, educator, and advisor shall perform duties including, but not limited to:

a) The SPO will maintain a presence in the HFM BOCES programs with a focus on creating a peaceful and safe learning environment for students, faculty, staff, and visitors by proactively working to eliminate safety threats, school related crime and disorder, and by working to enhance the quality of life of members of the school community.

b) The SPO may, whenever possible, participate in and/or attend school functions with costs to be covered by the HFM BOCES.

c) The SPO shall not act as a school disciplinarian, as disciplining students is a school responsibility. It is agreed and understood that the principal and appropriate school staff shall be responsible for investigating and determining, in their discretion, whether a student has violated a school and/or Board of Education disciplinary codes of standards and the appropriate administrative action to take. However, this shall not be construed to prevent the SPO from sharing information with school administration/staff, which may aid in the determination of whether a disciplinary offence occurred.

d) The SPO will respond immediately to ensure safety in times of crisis or conflicts and provide follow-up to proactively prevent future problems.

e) The Principal, school administration, or staff may advise the SPO of incidents or activities possibly giving rise to criminal or juvenile violations and the SPO shall then determine whether law enforcement action is appropriate. The SPO will communicate and collaborate with other law enforcement colleagues to identify and preemptively address potential issues, such as matters that occur outside the school environment that may impact the school, as well as to investigate potentially unlawful and unsafe activities in close coordination with the respective building principal or designee. The SPO must use discretion when disseminating confidential information, particularly in light of HFM BOCES policies with respect to student records and its mandates pursuant to the Family Educational Rights and Privacy Act (FERPA).

f) Take part in any HFM BOCES safety planning and drills.

g) Function as a resource to the school community, including staff, students and their families for collaborative problem solving and the encouragement of information-sharing to increase safety and security in the school and community. The SPO may also work with students and their families, on an as requested basis, to address issues of truancy.

h) Make presentations to students, faculty and staff, officials, parents and the community on violence prevention, substance abuse, social conflict, crime prevention, health and safety, conflict resolution, school safety and other related community policing issues designed for the safety and benefit of the students, staff and visitors to the school.

ARTICLE III

RIGHTS AND DUTIES OF THE BOARD OF EDUCATION

The Board of Education shall provide the full-time SPO the following materials and facilities deemed necessary to the performance to the SRO’s duties with:

A. Access to an office which shall contain a telephone, which may be used for general business purposes.

B. A location for files and records which can be properly locked and secured.

C. A desk with drawers, a chair, a work table, filing cabinet and office supplies.

D. Access to a computer.

ARTICLE IV

PAYMENT TERMS

HFM BOCES will pay the County for SPO services on all instructional days of the school year as determined by the school academic calendar, five (5) days of pre-school training and five (5) days of annual range training to maintain State certification. HFM BOCES will pay a per diem amount between $136.72 ($17.09 per hour) up to $172.96 ($21.62 per hour) plus the cost of all benefits due to the Special Patrol Officer’s employment, as calculated by the County and billed to BOCES. This agreement is contingent upon the availability of funding. The Sheriff’s Department will invoice the BOCES for uniforms and equipment necessary for the SPO to complete his/her duties. If funding is not available, the HFM BOCES may cancel this arrangement upon thirty days reasonable notice.

Fulton County Sheriff’s Office will invoice HFM BOCES four times per year no later than November 1, 2019, January 1, 2020, April 1, 2020 and June 1, 2020.

ARTICLE V

APPOINTMENT OF SPECIAL PATROL OFFICER

The SPO shall be a staff member of the Fulton County Sheriff’s Office who is mutually agreed upon by HFM BOCES and the Fulton County Sheriff.

ARTICLE VI

PROPOSAL OF SPECIAL PATROL OFFICER: REPLACEMENT

In the event a principal of a school to which the SPO is assigned feels that the SPO is not effectively performing his/her duties and responsibilities, the HFM administration shall advise the Sheriff or his/her designee of the principal’s request to remove the SPO. The HFM administration shall meet with the Sheriff or his/her designee within three (3) school days to arrange for a mutually agreed upon replacement.

ARTICLE VII

NOTICES

Any and all notices or any other communication herein required or permitted shall be deemed to have been given when deposited in the United States Postal Service as regular mail, postage prepaid and addressed as follows:

District Superintendent
HFM BOCES
2755 State Highway 67
Johnstown, NY 12095

Sheriff
Fulton County Sheriff’s Office
2719 State Highway 29
Johnstown, NY 12095

ARTICLE VIII

TERMINATION OF AGREEMENT

If this agreement is terminated pursuant to Article IV, the Fulton County Sheriff’s Office shall be entitled for reimbursement for all days the SRO worked prior to the effective date of termination. Either party may terminate this agreement at any time upon reasonable notice, not to be less than thirty (30) days, to HFM BOCES.

ARTICLE IX

GOOD FAITH

The HFM BOCES Board of Education, the Sheriff, their agents and employees agree to cooperate in good faith in fulfilling the terms of this agreement. Unforeseen difficulties or questions will be resolved by negotiation between the parties.

ARTICLE X

MODIFICATION

This document constitutes the full understanding of the parties and no terms, conditions, understandings or agreement purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing by the signed parties.

ARTICLE XI

NON-ASSIGNMENT

This agreement, and each and every covenant herein, shall not be capable of assignment, unless the express written consent of the HFM BOCES Board of Education and Sheriff is obtained.

ARTICLE XII

MERGER

This agreement constitutes a final written expression of all terms of this agreement and is a complete and exclusive statement of those terms.

ARTICLE XIII

INDEMNIFICATION: Each Party agrees to indemnify the other for claims, actions, demands, suits, losses, liabilities, judgments, expenses or costs (including attorneys’ fees) made by third parties arising out of or related to the performance of duties by the SRO.

INDEPENDENT CONTRACTOR: The SRO shall be an employee of the County, specifically the Sheriff’s Office. Each Party agrees to be solely responsible for all matters relating to compensation of its employees, including, compliance with local, state and federal laws governing its personnel, including workers’ compensation, Social Security, withholding and payment of any and all federal, state and local personal income taxes, disability insurance, unemployment, and any other taxes for such persons, including any related employer assessment or contributions required by law, and all other regulations governing such matters, and the payment of all salary, vacation and other employee benefits.

ARTICLE XIV

SEVERABILITY

The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement.

ENTIRE AGREEMENT: The rights and obligations of the Parties and their respective agents, successors and assignees shall be subject to and governed by this Agreement, which supersede any other understandings or writings between or among the Parties to this Agreement.

IN WITNESS WHEREOF, the parties have caused duplicate originals of this agreement to be signed by their duly authorized officers.

 

 

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