Public Safety Committee  — Charleston, WV
Date: 2021-05-28
Time: 17:30

10 CITY OF CHARLESTON
 West Virginia
 Council Member – 10th WARD

Keeley Steele Public Safety Committee, Chair
1600 Washington St. E Ordinance and Rules Committee
Charleston, WV 25311
Telephone: 304‐250‐9463
E‐mail: keeleysteele@gmail.com


TO: Public Safety Committee
FROM: Keeley Steele, Chair
RE: Committee Meeting

 THIS MEETING WILL TAKE PLACE AND CAN BE ATTENDED IN PERSON AND CAN BE VIEWED LIVE VIA CIVICCLERK
 https://charlestonwv.civicclerk.com/web/home.aspx
 AV Room #308, 3rd Floor, City Hall
 Charleston, WV

 There will be a Committee meeting of Public Safety on May 28, 2021 at5:30 PM


 Agenda

APPROVAL OF PREVIOUS MINUTES

 1. 3‐30‐2021

PUBLIC SPEAKERS

 1. INTERESTED PUBLIC SPEAKERS MUST REGISTER AT THE MEETING PLACE NO EARLIER THAN 15
 MINUTES BEFORE THE MEETING STARTS. OR COMMENTS MAY BE SUBMITTED TO THE CLERK'S
 OFFICE VIA EMAIL NO LATER THAN 4:00 pm ON 5‐28‐21 TO BE READ DURING THE MEETING.
 nicole.smith@cityofcharleston.org

RESOLUTIONS

 1. Resolution No. 472‐21 ‐ Authorizing the Mayor or City Manager to enter into a Memorandum of
 Understanding with the Kanawha County Board of Education for continued placement of three
 Prevention Resource Officers at schools in Charleston – West Side Middle School, Capital High
 School and George Washington High School.

Adjournment




KS/ns

10 CITY OF CHARLESTON
 West Virginia
 Council Member – 10th WARD

Keeley Steele Public Safety Committee, Chair
1600 Washington St. E Ordinance and Rules Committee
Charleston, WV 25311
Telephone: 304‐250‐9463
E‐mail: keeleysteele@gmail.com


TO: Public Safety Committee
FROM: Keeley Steele, Chair
RE: Committee Meeting

 THIS MEETING WILL TAKE PLACE AND CAN BE ATTENDED IN PERSON AND CAN BE VIEWED LIVE VIA CIVICCLERK
 https://charlestonwv.civicclerk.com/web/home.aspx
 AV Room #308, 3rd Floor, City Hall
 Charleston, WV

 There will be a Committee meeting of Public Safety on May 28, 2021 at5:30 PM


 Agenda

APPROVAL OF PREVIOUS MINUTES

 1. 3‐30‐2021

PUBLIC SPEAKERS

 1. INTERESTED PUBLIC SPEAKERS MUST REGISTER AT THE MEETING PLACE NO EARLIER THAN 15
 MINUTES BEFORE THE MEETING STARTS. OR COMMENTS MAY BE SUBMITTED TO THE CLERK'S
 OFFICE VIA EMAIL NO LATER THAN 4:00 pm ON 5‐28‐21 TO BE READ DURING THE MEETING.
 nicole.smith@cityofcharleston.org

RESOLUTIONS

 1. Resolution No. 472‐21 ‐ Authorizing the Mayor or City Manager to enter into a Memorandum of
 Understanding with the Kanawha County Board of Education for continued placement of three
 Prevention Resource Officers at schools in Charleston – West Side Middle School, Capital High
 School and George Washington High School.

Adjournment




KS/ns

 Page | 1 of
 MINUTES
 PUBLIC SAFETY COMMITTEE MEETING

 5:00 P. M., MARCH 30, 2021


Keeley Steele, Chairperson, called the meeting of the Charleston City Council
Committee on Public Safety to order at 5:00 p.m., MARHC 30, 2021 in West Hall 1 of
the Charleston Coliseum and Convention Center, and was made available as a live
stream via Zoom per the agenda.

Committee Members Present:
Keeley Steele, Chair
Chuck Overstreet, Vice Chair
Pat Jones
Bruce King
Deanna McKinney
Shannon Snodgrass
Tiffany Wesley-Plear

Other Councilmembers Present:
Adam Knauff
Jennifer Pharr




 1. Approval of Previous Minutes –
Councilmember Snodgrass moved to approve the minutes of the previous meeting on
2-24-2021. Councilmember King seconded the motion. There was no objection and the
minutes were approved.

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 2. To Review the Results of the Survey – The results of the survey can be viewed
 https://charlestonwv.civicclerk.com/Web/Player.aspx?id=1220&key=-1&mod=-
 1&mk=-1&nov=0 and will be made available upon request to the Clerk’s Office

Councilmember King stated that the results of the survey speak for itself. He
appreciated the time of those involved that completed the survey.

Councilmember Snodgrass noted that
  86.76% of the respondents do not believe that the Health Department’s needle
 program was good for the City of Charleston.
  83% believe that the Health Department’s needle program led to an increase in
 crime.
  89.7% believed tat needle programs increase the likelihood of an accidental
 needle prick for the public, Refuse employees and First Responders.
  89.7% believed that needle programs increase syringe litter throughout the
 community.
  83% believed that needle programs result in an increase in the number of
 intravenous drug users coming into the City from outside areas.
  88.9% believed that participants in a needle program should be required to meet
 with a medical professional during each visit to the program.
  91.9% believed that participants in a needle exchange program should be
 required to return their used needles to receive new ones.
  83.8% did not believe that additional needle programs are needed within the City.
  52.2% had not been asked for their opinion regarding needle exchange programs
 in the City of Charleston.
  16.9% have been stuck by a needle in the course of their work.
  77.9% know how to properly handle a syringe needle.
Councilmember Snodgrass added that it is imperative that they listen to their first
responders.

Councilmember Wesley-Plear added that while all the responses were from City
workers, there really wasn’t a breakdown of how many from each department there
were. Some professions are more exposed than others. Councilmember Wesley-Plear
added that was also a difference in the Health Department’s program in 2018 versus
recently.

Councilmember Steele added that according to the HR reports that she received (dating
from 2015), the majority of incidents involving needles came from Refuse. She added
that the source of those discarded needles (from diabetics, drug use or other) is not
known. The second highest degree of incidents were from the CPD (none reported in
2016). There were no reported incidents from the Fire Department since 2015.

Councilmember Wesley-Plear stated that it is important to note that 77.9% knew how to
properly handle a syringe needle, because education is important and should continue.

Councilmember Snodgrass stated that the additional comments were important to read.

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Councilmember Jones added that the locations of reported needles were important.

Councilmember King added that there had been comments about how 2/3 of the
employees did not respond. In any survey, a 30% response rate is astronomical, adding
that the WV Drug Institute’s response rate was much lower.

Councilmember Jones read 2 responses:
   Don't hand them out, period. Let's just use common sense on this, more needles
 will do more harm than good. People that have no idea what PD deals with can't
 understand how big a problem this is. Come join me on one of my frequent
 abandoned house searches where there are needles left laying [sic] around like
 cigarette butts, not one or two but literally dozens of open dirty needles. The
 individuals in support of this need to stop and think for a moment…
   Supporting the needle exchange is a punch in the gut to law enforcement and
 emergency responders. It’s a heartless and thoughtless thing to do regarding the
 individuals that have been stuck by a dirty needle as well as a slap in the face of
 their family. Let’s put our time and effort and money into healing individuals from
 their addictions instead of condoning it.

Councilmember Wesley-Plear added that there were also responses using terms like
“junkies.” At the last meeting, they heard from representatives of some groups using this
kind of terminology. There needs to be a mindset change to understand that they are
dealing with people on both sides, and they need to not be biased. Councilmember
Wesley-Plear added that she would have wanted to know the circumstance around the
responders finding the needles and/or being stuck by a needle.



 3. Bill No. 7893 - A BILL to amend and reenact the Municipal Code of the City of
 Charleston relating to requiring any distribution of hypodermic needles within the
 City of Charleston to be performed by persons or entities that have a certification
 as a Harm Reduction Program from the State of West Virginia in addition to any
 required state license; eliminating the ability for the Chief of Police to provide
 exceptions, and establishing penalties for violations.

Councilmember Steele asked City Attorney, Kevin Baker, to give an overview of the bill.
Baker stated that the bill eliminates sections related to the Chief of Police being able to
sponsor, approve and participate in needle exchange programs, and authorizing the
Chief of Police to create rules related to needle exchange programs. The bill increases
the penalty for violation of the ordinance. Section 78-381 would make it unlawful for any
person to distribute any hypodermic syringes, needles or other similar objects used or
designed for injecting substances into the human body without obtaining and having
certification as a harm reduction program from the West Virginia Bureau of Public
Health and any licenses required under State law to do so. Section 78-382 specifies
that every person under the organization shall comply with all applicable state
regulations.

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Baker noted that there was currently a bill in Legislature that addresses similar topics,
which will be resolved in approximately 10 days. If that bill were to pass, it would go to
the Governor for signature or veto. Baker added that his genal legal advice would be to
wait to see what the State does. Councilmembers Snodgrass and King stated that this
was a City matter. Baker replied that the current City law was drafted incorrectly as it
relates to State law. Councilmember McKinney requested that Baker be allowed to
finish speaking. Baker continued that if the bill in front of Legislature passes, it would
require programs to be licensed with the West Virginia Office for Health Facility
Licensure and Certification not with the West Virginia Bureau of Public Health as Bill No.
7893 currently states.

Councilmember Snodgrass confirmed with Baker that if the State passed their bill (and
the bill is more restrictive), then it would supersede the City’s less restrictive bill. Baker
clarified that if the State bill requires a license by the West Virginia Office for Health
Facility Licensure and Certification and the City requires certification from the DHHR,
then it would not match under the law. Councilmember Snodgrass stated that they
should address things that are happening today, not many months from now. Baker
added that the State has to act by April 10th.

Councilmember King submitted an amendment to Bill No. 7893 (additionally supported
by Councilmembers Snodgrass and Jones), adding that a number a survey responses
mentioned that they would like a 1:1 program model, to track the needles that are
distributed, and for participants to see a medical provider at every visit.

 On Page 2, Section 78-382, at Line 35, after the word “regulations.”, by inserting
the following: “In addition, every Harm Reduction Program operating within the City of
Charleston shall (1) receive one returned syringe for every syringe it distributes; (2)
maintain a confidential list of the number of syringes dispensed and returned by the
program participant for every visit; (3) individually mark each syringe it dispenses with
identifying information that clearly and unambiguously allows for the identification of
each syringe dispensed by the program that dispensed it; and (4) document at every
visit that each participant was offered medical services, including mental, behavioral
health, and drug treatment services, by a licensed or certified health care provider.”

Councilmember Wesley-Plear wanted to know if the needle identification would be
connected to the participant or the program. Councilmember King answered that it
would be identified by the program.

Councilmember Snodgrass motioned to approve the amendment. A roll was taken:

Yeas: Overstreet, Jones, King, McKinney, Snodgrass, Wesley-Plear
Nays: Steele

With the Yeas being in the majority, the amendment was approved.




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Councilmember Wesley-Plear submitted an amendment to Bill No. 7893 as amended,
adding that the intent is that hospitals are not included under the rules are they are
equipped to handle it.

 On Page 1, Section 78-381, at Line 30, after the period, by inserting the
following: “Notwithstanding the foregoing, a hospital licensed by the West Virginia
Department of Heath and Humans Resources’ Office of Health Facility Licensure and
Certification is exempt from the requirements of this article.”

Councilmember Snodgrass asked if Councilmember Wesley-Plear wrote the
amendment. Councilmember Wesley-Plear replied that she did not, but she worked with
the City Attorney to write it after having conversations with Matt Sutton and Baker. While
she did not initiate it, she fully supports the proposed amendment. Councilmember
Snodgrass stated that the previous amendment was proposed due to the feedback from
the public and survey that there needed to be accountability (coding the needles, seeing
a medical provider, etc.). She added that the proposed amendment would allow
hospitals to choose whether or not to do those things. Councilmember McKinney stated
that they should be discussing the merits of the amendment, not where it came from.

Councilmember Jones stated that he did not understand why a hospital would have to
have a different set of rules. Councilmember McKinney asked why a hospital would not
act responsibly. Councilmember Wesley-Plear added that a hospital would also have
more resources, such as mental health and a variety of substance abuse programs to
offer. She added that she would feel comfortable having a hospital in charge of those
programs and would not question their medical expertise.

Councilmember King asked what would prevent a hospital from contracting with a third
party for a harm reduction program. Councilmember Wesley-Plear replied that they
shouldn’t be prevented from partnering with a third party, adding that if they are
partnering, then they would be held liable. Councilmember King replied that did not
have anything to do with the language of the bill as amended. Councilmember
Snodgrass added that in 2015, Council allowed medical professionals to run a harm
reduction program and it was a disaster to the community. Councilmember McKinney
stated that there was no way a hospital would hand out needles without additionally
offering other avenues of help. Councilmember Snodgrass stated that a hospital should
comply with the rules as stated in the bill. Councilmember Jones asked if the Cabin
Creek Clinic was considered a hospital. Baker added that the Office of Health Facility
Licensure website lists: CAMC, Thomas, Highland and the Surgical Center as listed as
hospitals in Kanawha County.

Councilmember Overstreet stated that his major concern is for the 1:1 exchange. He
would prefer that all entities be required to follow the guidelines rather than trust that
they will. Councilmember McKinney added that the point is that there is accountability.
Councilmember King stated that the requirements should be for everyone.
Councilmember Stelle added that Bill No. 7893 as amended would preclude hospitals
from participating in a harm reduction program and ssp, but it wouldn’t allow them any

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more leeway than what the amendment states.

Councilmember Wesley-Plear motion to approve the amendment to Bill No. 7893 as
amended. Councilmember Steele seconded. A roll call was taken:

Yeas: McKinney, Steele, Wesley-Plear
Nays: Overstreet, Jones, King, Snodgrass

With the Nays being in the majority, the amendment was not approved.

Baker suggested that the amendment be worked into the bill as a Committee Substitute.

Councilmember King motioned to approve Bill No. 7893 Committee Substitute.
Councilmember Snodgrass seconded. A roll call was taken:

Yeas: Overstreet, Jones, King, McKinney, Snodgrass
Nays: Steele, Wesley-Plear

With the Yeas being in the majority, Bill No. 7893 Committee Substitute was approved.




Councilmember McKinney motioned to adjourn. Councilmember Wesley-Plear
seconded. Meeting adjourned.



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Bill No. 7893 Committee Substitute - A BILL to amend and reenact Sections 78-381, 78-
382, and 78-383 of the Municipal Code of the City of Charleston and to repeal Sections
78-396 and 78-397 of said Code, all relating to requiring any distribution of hypodermic
needles within the City of Charleston to be performed by persons or entities that have a
certification as a Harm Reduction Program from the State of West Virginia in addition to
any required state license; creating certain requirements for Harm Reduction Programs
operating within the City; eliminating the ability for the Chief of Police to provide
exceptions, and establishing penalties for violations.

Now, therefore, be it ordained by the Council of the City of Charleston:

That Sections 78-381, 78-382, and 78-383 of the Municipal Code of the City of
Charleston is amended and reenacted, and that Sections 78-396 and 78-397 of said
Code are repealed, all to read as follows:

Subdivision II. - Sale, Marketing, and Distribution of Hypodermic Needles and Syringes

Sec. 78-381. - Sale, marketing and distribution Distribution of hypodermic needles; state
license certification required.

It shall be unlawful for any person or persons as principal, clerk, agent, or servant or
otherwise acting individually or on behalf of any entity, organization or group to sell,
market, or distribute any hypodermic syringes, needles and other similar objects used or
designed for injecting substances into the human body, without obtaining and having
certification as a Harm Reduction Program from the West Virginia Bureau for Public
Health within the West Virginia Department of Health and Human Resources and any
and all licenses required under state law to do so: except that, items distributed by or
exchanged at a needle exchange program sponsored or approved by the Chief of
Police of the Charleston Police Department, as provided by Subdivision III herein, are
thereby approved and are not unlawful.

Sec. 78-382. - Compliance with state law and regulations.

Every person, entity, organization, or group certified or licensed to sell, market, or
distribute hypodermic needles shall comply with all applicable state law and regulations.
In addition, every Harm Reduction Program operating within the City of Charleston shall
(1) receive one returned syringe for every syringe it distributes; (2) maintain a
confidential list of the number of syringes dispensed and returned by the program
participant for every visit; (3) individually mark each syringe it dispenses with identifying
information that clearly and unambiguously allows for the identification of each syringe
dispensed by the program that dispensed it; and (4) document at every visit that each
participant was offered medical services, including mental, behavioral health, and drug
treatment services, by a licensed or certified health care provider.

Subdivision III. - Needle Exchange Program



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Sec. 78-383. - Penalty.
Any person violating any provision of this subdivision shall, if convicted, be guilty of a
misdemeanor and be fined not less than five hundred ten dollars nor more than one
thousand five hundred dollars for the first offense and succeeding offenses. Each day
that such violation shall continue shall be deemed a separate and distinct offense.

Sec. 78-396. - Needle exchange program authorized.

The City of Charleston, by and through its Chief of Police, may sponsor, approve, or
participate in a program or programs within the City of Charleston for the distribution or
exchange of hypodermic syringes, needles and other similar objects used or designed
for injecting substances into the human body.

Sec. 78-397. – Rules and regulations; Chief of Police authorized.

The Chief of Police of the City of Charleston Police Department is authorized to
promulgate reasonable rules or regulations deemed necessary to implement and
administer a program within the City of Charleston provided for in Section 78-396 for the
distribution or exchange of hypodermic syringes, needles and other similar objects used
or designed for injecting substances into the human body.




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 Resolution No. 472-21

 Introduced in Council: Adopted by Council:

 May 17, 2021

 Introduced by: Referred to:

 Joseph Jenkins Finance Committee and Public
 Safety Committee

 1 Resolution No. 472-21 – Authorizing the Mayor or City Manager to enter into a Memorandum
 2 of Understanding with the Kanawha County Board of Education for continued placement of
 3 three Prevention Resource Officers at schools in Charleston – West Side Middle School, Capital
 4 High School and George Washington High School.
 5
 6 Now, therefore, be it Resolved by the Council of the City of Charleston, West Virginia:
 7
 8 That the Mayor or City Manager is authorized to enter into a Memorandum of Understanding
 9 with the Kanawha County Board of Education for continued placement of three Prevention
10 Resource Officers at schools in Charleston – West Side Middle School, Capital High School and
11 George Washington High School.
12




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 AGREEMENT



This Agreement, made and entered into this ______day of ___________, 2021 by and
between the City of Charleston (hereinafter referred to as "GRANTEE" and the
Kanawha County Board of Education, West Virginia hereinafter referred to as
"BOARD".)


 WITNESSETH


 WHEREAS, the BOARD has established a Prevention Resource Officer
Program (hereinafter referred to as "PRO Program"); and

 WHEREAS, the BOARD agrees for Grantee to have a police officer serve as
Prevention Resource Officer in the Kanawha County school system at Capital High
School and;

 WHEREAS, the GRANTEE and the BOARD understand that the Program is
established for the purpose of assistance in the prevention of juvenile delinquency
through programs specifically developed to respond to those factors and conditions
which give rise to delinquency; and

 WHEREAS, the GRANTEE and the BOARD realize the PRO program is a great
benefit to school administration, students and the community as a whole.

 NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:


SECTION 1. DUTIES AND RESPONSIBILITIES OF GRANTEE

1.01 The GRANTEE shall provide one police officer(s), assigned a Prevention
Resource Officer, (hereinafter referred to as "PRO") to the secondary school system
operated by the BOARD.

1.02 PRO shall abide by County School Board Policies and laws, as they relate to
School Prevention Resource Officers. The PRO shall consult and coordinate
instructional activities through the principal. Activities conducted by the PRO, which are
part of the regular instruction program of the school, shall be under the direction of the
principal. The BOARD shall approve the content of educational programs and
instructional materials used by the PRO.

1.03 The PRO will provide to student’s instruction in various aspects of law
enforcement, public safety and education as requested and supervised by teachers.

1.04 GRANTEE shall be responsible for the control and direction of all aspects of
employment of the police officer assigned to the PRO Program.



 1

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1.05 GRANTEE shall ensure that the exercise of the law enforcement powers by the
PRO is in compliance with the authority granted by law.

1.06 GRANTEE shall hold harmless the BOARD for any injuries suffered by
Prevention Resource Officer arising under their employment with the PRO Program.

1.07 The PRO shall not function as a school disciplinarian, or safety officer. It is not
the responsibility of the PRO to intervene with the normal disciplinary actions of the
school system or be used as a witness to disciplinary procedures in the school. The
PRO will, at all times, be expected to act within the scope of authority granted by the
law. The PRO will perform duties to the following:

 a. To perform law enforcement functions within the school setting.

 b. To identify and prevent, through counseling and referral, delinquent
 behavior, including substance abuse.

 c. To foster a better understanding of the law enforcement function.

 d. To develop a better appreciation of citizen's rights, obligations and
 responsibilities.

 e. To provide information about crime prevention.

 f. To provide assistance and support for crime victims identified with the
 school setting.

 g. To promote positive relations between students and law enforcement
 officers.

 h. To enhance knowledge of the fundamental concept and structure of law.

 i. To be familiar with confidentiality requirements.

1.08 The police officer may not be changed during the course of the agreement by
the GRANTEE unless the substitute officer has received the required training. The PRO
shall be on duty at the school during regular school hours when students are required to
attend and when the required PRO training programs are conducted, unless police
department emergency needs or law enforcement requirements prohibit.

1.09 The PRO shall not be required to attend extracurricular activities, which are held
beyond his/her regular workday nor require the PRO to leave his/her jurisdiction, but the
PRO shall have the option if they choose to do so.

1.10 The PRO shall have access to all data contained in the WVEIS system, the
school administration student systems, and any other disciplinary and attendance
information.




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The following Section may change per grantee:

SECTION 2. DUTIES AND RESPONSIBILITIES OF BOARD

2.01 The principal at the designated school (this may change with each grant. It
could be the Project Director of the grant or the supervisor of the police
department, etc.) shall be the on-site contact person for the PRO. The Superintendent
of the BOARD shall designate the Prevention Resource Officer Coordinator to serve as
the county liaison for the program.

2.02 Payments shall be made in twelve installments upon submission of monthly
invoices by the GRANTEE and certification by the principal or his/her designee that the
services rendered were satisfactory. The monthly payments shall be based on a rate of
$33.83 per hour and shall be made within 30 days of receipt of the invoice.


The following Section may change per grantee:

SECTION 3. TERM OF AGREEMENT

3.01 This agreement shall be made for a 12-month term beginning the 1st day of July
2021, through the 30th day of June 2022.

3.02 This agreement shall continue in effect until the duration of the term as
described in paragraph 3.01 or until terminated by either of the parties in accordance
with the term listed in section four below.

SECTION 4. TERMINATION

4.01 Either party may terminate this agreement by serving written notice upon the
other party at least thirty (30) days in advance of such termination.

SECTION 5. INVALID PROVISION

5.01 Should any part of this Agreement be declared invalid by a court of law, such
decision shall not affect the validity of any remaining portion which shall remain in full
force and effect as if the invalid portion was never a part of this Agreement materially
affect any other rights or obligations of the parties hereunder, the parties hereto will
negotiate in good faith to amend this Agreement in a manner satisfactory to the parties.


SECTION 6. INDEMNIFICATION

6.01 The BOARD agrees to indemnify and save harmless the GRANTEE for any
liability whatsoever arising out of the negligent acts of the Board's employees or agents
in directing the PRO in the performance of their instructional programs. The GRANTEE
agrees to indemnity and save harmless the BOARD of any liability whatsoever arising to
employment as defined by City Ordinances and West Virginia State Law. Nothing in this



 3

 Page | 13 of
Agreement shall be construed to affect in any way the GRANTEE or the BOARD'S
rights, privileges, and immunities.

SECTION 7. ASSIGNMENT

7.01 Neither party to the Agreement shall, directly or indirectly, assign or purport to
assign this Agreement or any of its rights or obligations in whole or in part to any third
party without the prior written consent of the other party.

SECTION 8. NO WAIVER

8.01 The failure of either party to enforce at any time any of the provisions, rights, or
elections or in any way effect the validity of this Agreement. The failure to exercise by
either party any of its rights herein contained shall not preclude or prejudice it from
exercising the same or any other right it may have under this Agreement, irrespective of
any previous action or proceeding taken by it hereunder.

SECTION 9. COMPLETE AGREEMENT

9.01 This Agreement is the complete Agreement of the parties; may be amended or
modified only in writing; and supersedes, cancels, and terminates any and all prior
agreements or understandings of the parties, whether written or oral, concerning the
subject matter hereof.

SECTION 10. CHOICE OF LAW

10.01 This Agreement shall be governed by and construed and interpreted according
to the laws of the State of West Virginia. It shall be binding upon and insure to the
benefit of the successors of the GRANTEE and BOARD.


SECTION 11. NOTICES

11.01 All notices or other communications required or permitted by this Agreement
shall be in writing and deemed effectively delivered upon mailing by certified mail, return
receipt requested, or delivered personally to the following persons and addresses unless
otherwise specified herein:




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__________________________ _____________
Mayor Amy Shuler Goodwin Date
City of Charleston
P.O. Box 2749
Charleston, WV 25330



________________________ ____________
Dr. Tom Williams, Superintendent Date
Kanawha County Board of Education
200 Elizabeth Street
Charleston, WV 25311



To be passed by both entities, the City of Charleston and the Kanawha County
Board of Education.




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 AGREEMENT



This Agreement, made and entered into this ______day of ___________, 2021 by and
between the City of Charleston (hereinafter referred to as "GRANTEE" and the
Kanawha County Board of Education, West Virginia hereinafter referred to as
"BOARD".)


 WITNESSETH


 WHEREAS, the BOARD has established a Prevention Resource Officer
Program (hereinafter referred to as "PRO Program"); and

 WHEREAS, the BOARD agrees for Grantee to have a police officer serve as
Prevention Resource Officer in the Kanawha County school system at George
Washington High School and;

 WHEREAS, the GRANTEE and the BOARD understand that the Program is
established for the purpose of assistance in the prevention of juvenile delinquency
through programs specifically developed to respond to those factors and conditions
which give rise to delinquency; and

 WHEREAS, the GRANTEE and the BOARD realize the PRO program is a great
benefit to school administration, students and the community as a whole.

 NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:


SECTION 1. DUTIES AND RESPONSIBILITIES OF GRANTEE

1.01 The GRANTEE shall provide one police officer(s), assigned a Prevention
Resource Officer, (hereinafter referred to as "PRO") to the secondary school system
operated by the BOARD.

1.02 PRO shall abide by County School Board Policies and laws, as they relate to
School Prevention Resource Officers. The PRO shall consult and coordinate
instructional activities through the principal. Activities conducted by the PRO, which are
part of the regular instruction program of the school, shall be under the direction of the
principal. The BOARD shall approve the content of educational programs and
instructional materials used by the PRO.

1.03 The PRO will provide to student’s instruction in various aspects of law
enforcement, public safety and education as requested and supervised by teachers.

1.04 GRANTEE shall be responsible for the control and direction of all aspects of
employment of the police officer assigned to the PRO Program.



 1

 Page | 16 of
1.05 GRANTEE shall ensure that the exercise of the law enforcement powers by the
PRO is in compliance with the authority granted by law.

1.06 GRANTEE shall hold harmless the BOARD for any injuries suffered by
Prevention Resource Officer arising under their employment with the PRO Program.

1.07 The PRO shall not function as a school disciplinarian, or safety officer. It is not
the responsibility of the PRO to intervene with the normal disciplinary actions of the
school system or be used as a witness to disciplinary procedures in the school. The
PRO will, at all times, be expected to act within the scope of authority granted by the
law. The PRO will perform duties to the following:

 a. To perform law enforcement functions within the school setting.

 b. To identify and prevent, through counseling and referral, delinquent
 behavior, including substance abuse.

 c. To foster a better understanding of the law enforcement function.

 d. To develop a better appreciation of citizen's rights, obligations and
 responsibilities.

 e. To provide information about crime prevention.

 f. To provide assistance and support for crime victims identified with the
 school setting.

 g. To promote positive relations between students and law enforcement
 officers.

 h. To enhance knowledge of the fundamental concept and structure of law.

 i. To be familiar with confidentiality requirements.

1.08 The police officer may not be changed during the course of the agreement by
the GRANTEE unless the substitute officer has received the required training. The PRO
shall be on duty at the school during regular school hours when students are required to
attend and when the required PRO training programs are conducted, unless police
department emergency needs or law enforcement requirements prohibit.

1.09 The PRO shall not be required to attend extracurricular activities, which are held
beyond his/her regular workday nor require the PRO to leave his/her jurisdiction, but the
PRO shall have the option if they choose to do so.

1.10 The PRO shall have access to all data contained in the WVEIS system, the
school administration student systems, and any other disciplinary and attendance
information.




 2

 Page | 17 of
The following Section may change per grantee:

SECTION 2. DUTIES AND RESPONSIBILITIES OF BOARD

2.01 The principal at the designated school (this may change with each grant. It
could be the Project Director of the grant or the supervisor of the police
department, etc.) shall be the on-site contact person for the PRO. The Superintendent
of the BOARD shall designate the Prevention Resource Officer Coordinator to serve as
the county liaison for the program.

2.02 Payments shall be made in twelve installments upon submission of monthly
invoices by the GRANTEE and certification by the principal or his/her designee that the
services rendered were satisfactory. The monthly payments shall be based on a rate of
$33.83 per hour and shall be made within 30 days of receipt of the invoice.


The following Section may change per grantee:

SECTION 3. TERM OF AGREEMENT

3.01 This agreement shall be made for a 12-month term beginning the 1st day of July
2021, through the 30th day of June 2022.

3.02 This agreement shall continue in effect until the duration of the term as
described in paragraph 3.01 or until terminated by either of the parties in accordance
with the term listed in section four below.

SECTION 4. TERMINATION

4.01 Either party may terminate this agreement by serving written notice upon the
other party at least thirty (30) days in advance of such termination.

SECTION 5. INVALID PROVISION

5.01 Should any part of this Agreement be declared invalid by a court of law, such
decision shall not affect the validity of any remaining portion which shall remain in full
force and effect as if the invalid portion was never a part of this Agreement materially
affect any other rights or obligations of the parties hereunder, the parties hereto will
negotiate in good faith to amend this Agreement in a manner satisfactory to the parties.


SECTION 6. INDEMNIFICATION

6.01 The BOARD agrees to indemnify and save harmless the GRANTEE for any
liability whatsoever arising out of the negligent acts of the Board's employees or agents
in directing the PRO in the performance of their instructional programs. The GRANTEE
agrees to indemnity and save harmless the BOARD of any liability whatsoever arising to
employment as defined by City Ordinances and West Virginia State Law. Nothing in this



 3

 Page | 18 of
Agreement shall be construed to affect in any way the GRANTEE or the BOARD'S
rights, privileges, and immunities.

SECTION 7. ASSIGNMENT

7.01 Neither party to the Agreement shall, directly or indirectly, assign or purport to
assign this Agreement or any of its rights or obligations in whole or in part to any third
party without the prior written consent of the other party.

SECTION 8. NO WAIVER

8.01 The failure of either party to enforce at any time any of the provisions, rights, or
elections or in any way effect the validity of this Agreement. The failure to exercise by
either party any of its rights herein contained shall not preclude or prejudice it from
exercising the same or any other right it may have under this Agreement, irrespective of
any previous action or proceeding taken by it hereunder.

SECTION 9. COMPLETE AGREEMENT

9.01 This Agreement is the complete Agreement of the parties; may be amended or
modified only in writing; and supersedes, cancels, and terminates any and all prior
agreements or understandings of the parties, whether written or oral, concerning the
subject matter hereof.

SECTION 10. CHOICE OF LAW

10.01 This Agreement shall be governed by and construed and interpreted according
to the laws of the State of West Virginia. It shall be binding upon and insure to the
benefit of the successors of the GRANTEE and BOARD.


SECTION 11. NOTICES

11.01 All notices or other communications required or permitted by this Agreement
shall be in writing and deemed effectively delivered upon mailing by certified mail, return
receipt requested, or delivered personally to the following persons and addresses unless
otherwise specified herein:




 4

 Page | 19 of
__________________________ _____________
Mayor Amy Shuler Goodwin Date
City of Charleston
P.O. Box 2749
Charleston, WV 25330



________________________ ____________
Dr. Tom Williams, Superintendent Date
Kanawha County Board of Education
200 Elizabeth Street
Charleston, WV 25311



To be passed by both entities, the City of Charleston and the Kanawha County
Board of Education.




 5

 Page | 20 of
 AGREEMENT



This Agreement, made and entered into this ______day of ___________, 2021 by and
between the City of Charleston (hereinafter referred to as "GRANTEE" and the
Kanawha County Board of Education, West Virginia hereinafter referred to as
"BOARD".)


 WITNESSETH


 WHEREAS, the BOARD has established a Prevention Resource Officer
Program (hereinafter referred to as "PRO Program"); and

 WHEREAS, the BOARD agrees for Grantee to have a police officer serve as
Prevention Resource Officer in the Kanawha County school system at West Side Middle
School and;

 WHEREAS, the GRANTEE and the BOARD understand that the Program is
established for the purpose of assistance in the prevention of juvenile delinquency
through programs specifically developed to respond to those factors and conditions
which give rise to delinquency; and

 WHEREAS, the GRANTEE and the BOARD realize the PRO program is a great
benefit to school administration, students and the community as a whole.

 NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:


SECTION 1. DUTIES AND RESPONSIBILITIES OF GRANTEE

1.01 The GRANTEE shall provide one police officer(s), assigned a Prevention
Resource Officer, (hereinafter referred to as "PRO") to the secondary school system
operated by the BOARD.

1.02 PRO shall abide by County School Board Policies and laws, as they relate to
School Prevention Resource Officers. The PRO shall consult and coordinate
instructional activities through the principal. Activities conducted by the PRO, which are
part of the regular instruction program of the school, shall be under the direction of the
principal. The BOARD shall approve the content of educational programs and
instructional materials used by the PRO.

1.03 The PRO will provide to student’s instruction in various aspects of law
enforcement, public safety and education as requested and supervised by teachers.

1.04 GRANTEE shall be responsible for the control and direction of all aspects of
employment of the police officer assigned to the PRO Program.



 1

 Page | 21 of
1.05 GRANTEE shall ensure that the exercise of the law enforcement powers by the
PRO is in compliance with the authority granted by law.

1.06 GRANTEE shall hold harmless the BOARD for any injuries suffered by
Prevention Resource Officer arising under their employment with the PRO Program.

1.07 The PRO shall not function as a school disciplinarian, or safety officer. It is not
the responsibility of the PRO to intervene with the normal disciplinary actions of the
school system or be used as a witness to disciplinary procedures in the school. The
PRO will, at all times, be expected to act within the scope of authority granted by the
law. The PRO will perform duties to the following:

 a. To perform law enforcement functions within the school setting.

 b. To identify and prevent, through counseling and referral, delinquent
 behavior, including substance abuse.

 c. To foster a better understanding of the law enforcement function.

 d. To develop a better appreciation of citizen's rights, obligations and
 responsibilities.

 e. To provide information about crime prevention.

 f. To provide assistance and support for crime victims identified with the
 school setting.

 g. To promote positive relations between students and law enforcement
 officers.

 h. To enhance knowledge of the fundamental concept and structure of law.

 i. To be familiar with confidentiality requirements.

1.08 The police officer may not be changed during the course of the agreement by
the GRANTEE unless the substitute officer has received the required training. The PRO
shall be on duty at the school during regular school hours when students are required to
attend and when the required PRO training programs are conducted, unless police
department emergency needs or law enforcement requirements prohibit.

1.09 The PRO shall not be required to attend extracurricular activities, which are held
beyond his/her regular workday nor require the PRO to leave his/her jurisdiction, but the
PRO shall have the option if they choose to do so.

1.10 The PRO shall have access to all data contained in the WVEIS system, the
school administration student systems, and any other disciplinary and attendance
information.




 2

 Page | 22 of
The following Section may change per grantee:

SECTION 2. DUTIES AND RESPONSIBILITIES OF BOARD

2.01 The principal at the designated school (this may change with each grant. It
could be the Project Director of the grant or the supervisor of the police
department, etc.) shall be the on-site contact person for the PRO. The Superintendent
of the BOARD shall designate the Prevention Resource Officer Coordinator to serve as
the county liaison for the program.

2.02 Payments shall be made in twelve installments upon submission of monthly
invoices by the GRANTEE and certification by the principal or his/her designee that the
services rendered were satisfactory. The monthly payments shall be based on a rate of
$33.83 per hour and shall be made within 30 days of receipt of the invoice.


The following Section may change per grantee:

SECTION 3. TERM OF AGREEMENT

3.01 This agreement shall be made for a 12-month term beginning the 1st day of July
2021, through the 30th day of June 2022.

3.02 This agreement shall continue in effect until the duration of the term as
described in paragraph 3.01 or until terminated by either of the parties in accordance
with the term listed in section four below.

SECTION 4. TERMINATION

4.01 Either party may terminate this agreement by serving written notice upon the
other party at least thirty (30) days in advance of such termination.

SECTION 5. INVALID PROVISION

5.01 Should any part of this Agreement be declared invalid by a court of law, such
decision shall not affect the validity of any remaining portion which shall remain in full
force and effect as if the invalid portion was never a part of this Agreement materially
affect any other rights or obligations of the parties hereunder, the parties hereto will
negotiate in good faith to amend this Agreement in a manner satisfactory to the parties.


SECTION 6. INDEMNIFICATION

6.01 The BOARD agrees to indemnify and save harmless the GRANTEE for any
liability whatsoever arising out of the negligent acts of the Board's employees or agents
in directing the PRO in the performance of their instructional programs. The GRANTEE
agrees to indemnity and save harmless the BOARD of any liability whatsoever arising to
employment as defined by City Ordinances and West Virginia State Law. Nothing in this



 3

 Page | 23 of
Agreement shall be construed to affect in any way the GRANTEE or the BOARD'S
rights, privileges, and immunities.

SECTION 7. ASSIGNMENT

7.01 Neither party to the Agreement shall, directly or indirectly, assign or purport to
assign this Agreement or any of its rights or obligations in whole or in part to any third
party without the prior written consent of the other party.

SECTION 8. NO WAIVER

8.01 The failure of either party to enforce at any time any of the provisions, rights, or
elections or in any way effect the validity of this Agreement. The failure to exercise by
either party any of its rights herein contained shall not preclude or prejudice it from
exercising the same or any other right it may have under this Agreement, irrespective of
any previous action or proceeding taken by it hereunder.

SECTION 9. COMPLETE AGREEMENT

9.01 This Agreement is the complete Agreement of the parties; may be amended or
modified only in writing; and supersedes, cancels, and terminates any and all prior
agreements or understandings of the parties, whether written or oral, concerning the
subject matter hereof.

SECTION 10. CHOICE OF LAW

10.01 This Agreement shall be governed by and construed and interpreted according
to the laws of the State of West Virginia. It shall be binding upon and insure to the
benefit of the successors of the GRANTEE and BOARD.


SECTION 11. NOTICES

11.01 All notices or other communications required or permitted by this Agreement
shall be in writing and deemed effectively delivered upon mailing by certified mail, return
receipt requested, or delivered personally to the following persons and addresses unless
otherwise specified herein:




 4

 Page | 24 of
__________________________ _____________
Mayor Amy Shuler Goodwin Date
City of Charleston
P.O. Box 2749
Charleston, WV 25330



________________________ ____________
Dr. Tom Williams, Superintendent Date
Kanawha County Board of Education
200 Elizabeth Street
Charleston, WV 25311



To be passed by both entities, the City of Charleston and the Kanawha County
Board of Education.




 5

 Page | 25 of

MINUTES
 PUBLIC SAFETY COMMITTEE MEETING

 5:30 P. M., MAY 28, 2021


Keeley Steele, Chairperson, called the meeting of the Charleston City Council
Committee on Public Safety to order at 5:30 p.m., MAY 28, 2021 in the AV Room at City
Hall, and was made available as a live stream via CivicClerk per the agenda.

Committee Members Present:
Keeley Steele, Chair
Chuck Overstreet, Vice Chair
Pat Jones
Bruce King
Deanna McKinney
Shannon Snodgrass (via Zoom)
Tiffany Wesley-Plear

Other Councilmembers Present:




 1. Approval of Previous Minutes –
Councilmember King moved to approve the minutes of the previous meeting on 3-30-
2021. Councilmember Jones seconded the motion. There was no objection, and the
minutes were approved.




 1
 2. Public Speakers –

  Dijon Stokes – Spoke against Resolution No. 472-21
  Loree Stark – Spoke against Resolution No. 472-21
  Chad Cordell – Spoke against Resolution No. 472-21
  Takeiya Smith - Spoke against Resolution No. 472-21
  Lill Properino – submitted a written statement, read by the Chair, against
 Resolution No. 472-21
  Liira Raines - submitted a written statement, read by the Chair, against
 Resolution No. 472-21



 3. Resolution No. 472-21 - Authorizing the Mayor or City Manager to enter into a
 Memorandum of Understanding with the Kanawha County Board of Education for
 continued placement of three Prevention Resource Officers at schools in
 Charleston – West Side Middle School, Capital High School and George
 Washington High School.

Councilmembers Steele invited Keith Beneteau, Executive Director of Safety and
Security Services for Kanawha County Schools District, to give the Committee an
overview of the Prevention Resource Officers Program. Beneteau stated that the
difference between PROs and SROs is that the former is grant funded. The Officers are
stationed in the schools, of which there are currently 11 assigned in all 8 high schools
and 3 middle schools (West Side, South Charleston and Dunbar). In order to be grant
funded, an MOU must be signed with the Division and Community and Justice Services.
Beneteau added that, generally speaking, PROs are in place for prevention, mentoring,
bring a positive role model. They are not necessarily there to enforce school rules
(which is the burden of the school administrators), but can if they witness or are alerted
to a crime. However, they are aware that school discipline is the preferred route. The
school administration and the PROs work together as a team to provide for the safety
and security of the schools. He added that they provide a level of comfort and reduce
anxiety, know the school climate and how it operates. Beneteau added that he
considerers them indispensable, and they have a sense of duty, ethical
responsibility, ownership and respect.

Councilmember Steele asked why a municipality would not apply for a grant that would
partially cover the salary. Beneteau replied that he has heard anecdotally that the
contract required would limit their ability to otherwise task that officer (they are required
to spend 35 hours a week in the school).

Councilmember McKinney asked if the PROs and SROs had different sets of
responsibilities. Beneteau replied that they are called PROs if grant funded.
Councilmember McKinney expressed concerns that they were being used to put
children through the legal system. Councilmember McKinney asked who held the PROs
accountable. Councilmember Steele replied that they are required to make daily,

 2
monthly and quarterly reports. Councilmember King asked if the duties for PROs and
SROs are the same. Beneteau replied that the only MOUs that are signed are with
PROs

Councilmember Snodgrass added that her father is a retried former Superintendent of
Kanawha County Schools. She had spoken to several teachers and students, and had
not heard any negative comments regarding the PROs. She asked if there had been
any negative outcomes with the officers. Beneteau replied that they are extremely rare,
perhaps once or twice a year. Most were not egregious, and were usually the result of
personality conflicts. The school system does not have direct supervisory control of the
PROs, so complaints would most likely go to those individual agencies instead of the
school district.

Councilmember Wesley-Plear added that there was a meeting a few years ago to
address this, and there were numerous concerns voiced to the school board. Most of
the students at the meeting, a majority from Capital High, felt that they were being
treated differently or more harshly than other students because there was an officer at
their school. She added that she was unclear of what the PROs were supposed to be
doing in the schools. Councilmember Wesley-Plear asked how the schools are
selected. Beneteau replied that there are officers in all of the high schools because of a
general assumption that there is more likely to be violence with older kids. There is only
one middle school in Dunbar, so that was chosen. Councilmember Wesley-Plear asked
why West Side Middle was chosen of the 3 middle schools in Charleston to have a
PRO, adding that the perception of the kids is that they are the “bad kids” because there
is an officer at their school. Beneteau replied that he had not participated in any debat
as to how those schools were chosen, adding that he would like to see a PRO in every
school.

Councilmember McKinney stated that she had also heard a lot of complaints from
students. Councilmember Wesley-Plear asked if the students had been surveyed since
2016. Beneteau replied that he was not aware of such a survey. Councilmembers
Wesley-Plear and Mckinney recommended that one be conducted. A person in the
audience asked if there was data as to how the officers were placed and where.
Beneteau replied that there are statistics available through the West Virginia Education
and Information System that he generally shares with their management committee.
Councilmember Steele added that she understood that when these grants became
available, the Board made those assessments based what the cities could afford, and
those schools have not changed for Charleston in at least 16 years. Melissa Taylor,
from the City Manager’s Office, confirmed.

Councilmember Jones stated that there is higher crime numbers on the West Side than
any other part of Charleston, and he would feel better as a parent to have an officer at
West Side Middle. Councilmember Jones asked what happens when a student is
caught with drugs. Beneteau stated that it would depend on the level of the drug crime.
Simple possessions would normally be handled by the school, whereas an intent to
deliver might be reported. He added that discretion and common sense in used when

 3
making those decisions.

Councilmember Snodgrass stated that she understood part of the reason in having
officers in the school was to act as a community liaison, and asked if it was similar to
Handle With Care. Councilmember Wesley-Plear replied that, having had that training,
the program has fizzled out at the Elementary level. It was more a notification that
something had happened at home, so that school staff would be aware to handle that
student with care. The next level would be to refer the child/family for mental health
assistance. Principal of Capital High School, Larry Bailey, stated that the initial
notification comes law enforcement, who notifies all staff, adding that the child will
typically also see a counselor.

Councilmember McKinney stated that it was insensitive to justify having officers at West
Side Middle simply because there is high crime. She wanted to find a way for the kids to
be able to speak for themselves. Principal of West Side Middle, John Wilkerson,
agreed, saying that their PRO has more to do with outside than within the school. Their
PRO works with the staff to develop a safety plan for the school to keep bad elements
out and protect students. Since their PRO, Cpl. Stacy Loftus, has been assigned to their
school (about 9 years), no child has been arrested, and Wilkerson has never received a
complaint about him. He added that the PRO program gives a positive interaction
between the officer and the students. Additionally, students are willing to come to Cpl.
Loftus over matters that they would not with school staff.

Councilmember McKinney stated that there was a difference in having the same officer
there for many years, which was not what the high schools had. Bailey added that they
have had the same officer for the past 4 years. He added that the PRO is not there to
patrol the halls, but to be a resource for the school. Additionally, they are the only
person that has access to use NARCAN. Councilmember Steele confirmed that there is
no Board of Education policy on NARCAN.

 A member of the audience was recognized, and asked why those interactions have to
come from an armed police officer instead of a counselor. Wilkerson replied that a PRO
should not take the place of a counselor, and that some kids will gravitate to adults
differently. He added that the more caring adults are available at a school, the better.

Councilmember Steele asked Deputy Chief Scott Dempsey to speak about how PROs
are chosen. He stated that when a position becomes open, a notice is put out to all
officers. As long as the requirements are met (length of service, training, etc.), all the
letters of application are sent to the Commanding Officers to select the best qualified
officer. Councilmember McKinney asked if the PRO wear uniforms. Deputy Chief
Dempsey replied that mostly they are dressed out of uniform.

The PRO for Capital High, Cpl. Travis Hill, added that he had heard of stories before his
time at the school, and hoped he was changing how students view the Police. He
relayed a story where a student wouldn’t interact with him, but later came to him after a
tragic event to discuss their safety, and now they have a positive relationship. A

 4
member of the audience agreed with the importance of having trusted adults in kids
lives, however, he added that the problem is when there is a direct line to a broken and
damaging criminal justice system. He added that everything described could be done by
an agent who is not armed. Bailey replied that for certain levels of drug offenses, the
police would have to be called no matter what. Councilmember King added that PROs
also have the power to protect students and staff. Councilmember Snodgrass thanked
the PROs and Principals present. Councilmember Overstreet agreed that there should
be more counselors, but not to negate having PROs.

Councilmember Wesley-Plear asked if a lock-down plan was different in schools without
a PRO. Beneteau replied that, generally speaking, those procedures are common to all
schools, although it is enhanced by having an armed professional already present in the
building. The principals present offered to give personal tours of their schools to the
Committee members. Councilmember Wesley-Plear asked how the PROs were
evaluated (a rubric or scoring guide, for example). Deputy Chief Dempsey replied that
they follow up with reports and with the Commanders.


Councilmember Jones motioned to approve Resolution No. 472-21. Councilmember
McKinney seconded the motion. With the majority of members present voting in the
affirmative with 1 Nay from Wesley-Plear, the resolution was approved.




Councilmember McKinney motioned to adjourn. Councilmember Jones seconded.
Meeting adjourned.

 5