HCPSS MPIA Request #2020-276

Requested Information
In response to Request #2020-231, reference was made to "newly implemented administrative procedures related to system-wide MOU tracking" as being included in the response. In regards to this,
• Please provide copies of all MOU which currently exist between the HCPSS and the Howard County Police Department.
• While in response to Request #2020-231 HCPSS confirmed that the canine search MOU, signed in 2009, has never been reviewed by HCPSS for updates and that HCPSS has allowed it to annually renew (by failing to terminate with notice as the MOU allows) for ten years with no review of its continued effectiveness or safety, for the remaining MOU provided in response to the first point above, identify the dates these were first effective and when they were most recently reviewed by HCPSS for updates or continued effectiveness and safety. Otherwise, were these too allowed to continue to annually renew (by not actively terminating), as was the case with the canine search MOU for the past ten years?
• The new procedures regarding MOU tracking were implemented in early 2019. At what point was it decided to allow the canine search MOU and any of the other MOU between HCPSS and the Police Department to continue in force without the review mandated under the new procedures and putting these on hold in the meantime?
• For the referenced "newly implemented administrative procedures related to system-wide MOU tracking", please provide copies of all meeting minutes in which this was discussed and decided to create new administrative procedures for the system-wide MOU tracking. What due diligence was done on these documents in the past?
• Do the "newly implemented administrative procedures related to system-wide MOU tracking" have a stated requirement that all MOU must be annually reviewed for updates when the underlying MOU automatically renews annually and to ensure continued effectiveness and safety so that the HCPSS must ACTIVELY decide whether or not to exercise its right of termination on each MOU as prescribed in the document rather than casually allowing continuation with no due diligence as has been past practice on one or more of the subject MOU documents (as confirmed in response to #2020-231)?
• As included in the response to Request #2020-231, it is stated that there are no records of MOU review as "nor does any HCPSS policy cover a requirement for review of referenced documents/ materials" and "no existing records show a requirement for or dates of annual reviews". The spirit of the MOU, allowing HCPSS to terminate upon annual notice, implies an annual review takes place before HCPSS would actively decide if continuation is in the best interest of the safety of students and staff. Nonetheless, on a broader scale, please provide a copy of policies governing all contracts into which HCPSS enters (for example, with vendors), and what is required insofar as contracts that allow HCPSS to terminate or automatically renew periodically, for the sake of comparison.
Date Received
Response Notes

Responsive to this request, all current MOUs with the Howard County Police Department can be found under our response to MPIA 2018-411. Effective dates for each are found within the MOU. No existing records show a requirement for or dates of annual review of these MOUs as renewal is dictated by language contained in each individual MOU. Staff indicates, however, they are currently reviewing all three MOUs.

The February 2019 memo found under MPIA 2020-231 establishes guidelines for system-wide tracking of MOU/As by the HCPSS Partnerships Office. It does not contain a mandate for annual review. Staff indicates no meeting minutes in which these guidelines were established exist and, prior to this guidance, staff is not aware of records containing system-wide MOU tracking procedures.

Responsive to your request for HCPSS policies governing contracts, please find HCPSS Policy 4050 – Procurement of Goods and Services at https://www.hcpss.org/policies/4000/4050-procurement/.

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