HomeMy WebLinkAboutReg 2003-05-19 Item 8C - Interlocal Cooperative Agreement - Law Enforcement Mutual Aid and MobilizationCAS Number:
03-065
COUNCIL AGENDA SYNOPSIS
Meeting Date
5/12/03
5/19/03
Prepared by
K. Haines
Initials
yor's review I Council review 1
ITEM INFORMATION
Original Agenda Date: 5/12/03
ITEM NO.
Statewide Law Enforcement Emergency Mutual Aid and Mobilization
Original Sponsor: Council Admin X (P.D. Admin)
Timeline:
Sponsor's Summary: The Washington State Association of Sheriffs and Police Chiefs (WASPC) has developed a Washington
State Law Enforcement Mutual aid/Mobilization Plan. This plan will help facilitate a coordinated
response of police resources in our state to any emergency situation for the protection of life and
property when local resources become overwhehned. As a part of this plan each jurisdiction is being
requested to sign and ratify the attached Interlocal Cooerative Agreement to provide mutual aid and
mobilization between the many jurisdictions of King County.
Recommendations:
Sponsor: Forward to 5/19 Regular Meeting for formal approval.
Committee: Finance and Safety Forward to COW for discussion and Regular Meeting for approval.
Administration:
Cost Impact (if lmown):
Fund Source (if lmown):
RECORD OF.COUNCIL ACTION
5/12/03
05 -12 -03 I Discussed at Council meeting. With a request of the Police Chief to inquire
on (possible) inclusion into Parties Section and heading of the proposed
I interlocal agreement, Council consensus existed to forward the item to the
May 19, 2003, Regular meeting for action.
Meeting Date
5/12/03
5/19/03
APPENDICES
Attachments
Memo from Chief Haines dated April 28, 2003
Interlocal Agreement and Addendum "A"
F &S Committee Minutes dated 5/5/03
Proposed Interlocal Agreement Final Format
INTERLOCAL COOPERATIVE AGREEMENT
TO PROVIDE LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION
BETWEEN THE CITIES OF KING COUNTY, UNIVERSITY OF WASHINGTON
POLICE, AND KING COUNTY
1. DATE OF AGREEMENT AND PARTIES. This agreement, dated the first day of June
2003 for reference purposes only, is entered into by the undersigned municipal
corporations or towns organized or created under the laws of the State of Washington,
the University of Washington Police Department, and the King County Sheriff's Office.
2. AUTHORITY FOR AGREEMENT. This Agreement is entered into as an interlocal
agreement pursuant to the Interlocal Cooperation Act as codified in Chapter 39.34 of
the Revised Code of Washington, specifically RCW 39.34.080.
3. PURPOSE OF THE AGREEMENT. Each party has the power, authority and
responsibility to provide police protection for its citizens within its boundaries. On
occasion, the demand for law enforcement services within a jurisdiction may exceed
that department's ability to respond in a timely manner. When that occurs, the police
department or departments of other jurisdictions may be capable of providing backup
law enforcement services. In order to fulfill their respective obligations to their
citizens, the parties desire to provide backup law enforcement services to each other
under the terms and conditions set forth below.
4. MUTUAL AID LAW ENFORCEMENT SERVICES. Each party will to the best of its
ability, furnish mutual aid law enforcement services to, and at the request of, any other
party whose police department is taxed beyond its ability to respond, and render law
enforcement services in a timely manner. Each jurisdiction shall confer police authority
on those police officers from other jurisdictions providing mutual aid law enforcement
services and enforcing the requesting jurisdiction's ordinances. The mutual aid officers
shall proceed at the direction of the requesting department's police chief or sheriff or
their designee. The responding department maintains the discretion to determine
whether its own police department will not or cannot provide the requested mutual aid
services. The responding department also maintains the discretion to determine at any
time during the response that it may stop providing assistance. Upon determining that it
will not respond or that it will stop assisting, the department shall immediately notify
the requesting department of the change in mutual aid law enforcement services
provided. The responding department shall be the sole judge of its ability to respond or
to remain, and assumes no liability for declining to respond or for leaving.
5. SERVICES INCLUDED. For purposes of this Agreement, mutual aid law enforcement
services shall mean supplemental response to assist at least one officer from the primary
agency. Such services will typically be of a first responder type of service such as
patrol response. Response protocols for this Agreement are outlined in "Addendum A
6. TERM. This Agreement shall be effective on June 1, 2003 for one (1) year, regardless
of the date of execution and shall be automatically renewed on May 31 of each
successive year. Any party may terminate its participation in this Agreement by giving
60 days notice of termination to all participating parties hereto.
7. INDEPENDENT CONTRACTOR. The parties acknowledge and agree that in the
performance of this Agreement, they are acting as independent contractors and not as
agents of each other.
8. INDEMNITY AND HOLD HARMLESS. Each jurisdiction which is a party to this
Agreement hereby agrees to accept liability for any act, error or omission of its own
employees of whatever kind and nature and from whatever cause arising out of or
connected with the performance of this Agreement, and to indemnify and hold the other
jurisdictions and their employees harmless from any such liability, claim, or cause of
action, including amounts arising out of the performance, by that jurisdiction's
employees, of this Agreement. All liability for salaries, wages and other compensation
of law enforcement officers shall be that of their respective employers.
9. GOVERNING BODY. This Agreement shall be administered by a joint board, which
consists of the police chief of each named jurisdiction and the King County Sheriff.
Administration of this Agreement includes, but is not limited to, (1) each participant
identifying the resources available to aid participating jurisdictions; (2) review of the
response protocols (Addendum A); and (3) participation in the Regional and/or State
Mobilization efforts. A quorum of the membership is necessary for any modification of
the mobilization plan. Meetings may be called upon the request of any 3 board
members with 30 days minimum notice.
10. COUNTERPARTS. This Agreement shall be signed in counterparts and, if so signed,
shall be deemed one integrated agreement.
11. MODIFICATION. The parties may amend, modify, or supplement this Agreement
only by written agreement executed by all the parties hereto.
12. MERGER AND ENTIRE AGREEMENT. This Agreement merges and supersedes all
prior negotiations, representations and/or agreements between the parties relating to the
subject matter of this Agreement and constitutes the entire contract between the parties.
Signature page immediately following
INTERLOCAL COOPERATIVE AGREEMENT
TO PROVIDE LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION
BETWEEN THE CITIES OF KING COUNTY, UNIVERSITY OF WASHINGTON
POLICE, AND KING COUNTY
CITY OF Algona
By:
CITY OF Bellevue
By:
CITY OF Bothell
By:
CITY OF Carnation
By:
CITY OF Covington
By:
CITY OF Duvall
By: By:
Date Date
Date
Date
Date
Date
Date
SIGNATURE PAGE
CITY OF Auburn
By:
Date
CITY OF Black Diamond
By:
Date
CITY OF Burien
By:
Date
CITY OF Clyde Hill
By:
Date
CITY OF Des Moines
By:
Date
CITY OF Enumclaw
CITY OF Federal Wav CITY OF Issaouah
By: By:
Date Date
CITY OF Kenmore CITY OF Kent
By: By:
Date Date
CITY OF Kirkland CITY OF Lake Forest Park
By: By:
Date Date
CITY OF Maple Valley CITY OF Medina
By By:
Date Date
CITY OF Mercer Island CITY OF Newcastle
By: By:
Date Date
CITY OF Normandy Park CITY OF North Bend
By: By:
Date Date
CITY OF Pacific CITY OF Redmond
By: By:
Date Date
CITY OF Renton CITY OF Sammamish
By: By:
Date Date
CITY OF SeaTac CITY OF
By: By:
Date Date
CITY OF Seattle CITY OF Shoreline
By: By:
Date Date
CITY OF Snoaualmie CITY OF Tukwila
By: By:
Date Date
CITY OF Woodinville CITY OF
By: By:
Date Date
County of King Port of Seattle
By:
County of King Airport Police
By:
David G. Reichert Date
King County Sheriff
Ron Griffin Date
KC Airport Police Chief
University of Washington Police
By:
Weldon Ihrig Date
Executive Vice President
By:
T. M. Kimsey Date
Chief of Police
I. Authority
ADDENDUM "A"
KING COUNTY MUTUAL AID
RESPONSE PROTOCOLS
FOR LAW ENFORCEMENT
All parties to the King County Mutual Aid Agreement will ensure a process is
established to commit manpower and resources.
II. Reauest For Mutual Aid
1. In the event of major disorder or other law enforcement operation the first law
enforcement resources to be used shall be those of the primarily responsible
agency. In the event that such resources are inadequate to control the situation
by the primarily responsible agency, or there is a need for a specialized unit, a
request for mutual aid under this plan will be made directly to an assisting
agency. Such requests for assistance shall, if possible, specify the number of
police officers and types of equipment required, where and to whom such
officers are to report, and where and to whom the equipment should be
delivered.
2. Rendering assistance under the terms of this agreement shall not be
mandatory, except that if assistance can't be rendered, the requestee should
immediately inform the requestor if, for any reason, assistance can't be
rendered. It is understood that consideration as to whether assistance can be
provided or not must be determined by the requestee.
3. In the event of mobilization under this agreement, the primarily responsible
agency shall assume incident command, unless the primarily responsible
agency specifically requests that a different law enforcement agency fulfill
this responsibility, or unless the scope of the problem is multi jurisdictional,
in which case a unified command shall be established. This shall include
directing the assignment of all personnel and equipment. The assignment of
duties to officers of assisting agencies shall be made by the incident
commander of the primary responsible agency unless that responsibility is
delegated to a different law enforcement agency as indicated above,
4. The primary responsible agency shall have the responsibility of establishing a
command post and notifying all assisting agencies at the earliest possible time
of its location. The Incident Commander shall establish a- command post in
such a manner as to provide an area suitable for the staging and directing of
all resources.
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Arrests
Arrest policies will be determined by the Incident Commander in charge of the
event. Transportation of prisoners to jail facilities will be coordinated by the
Incident Commander.
The primarily responsible agency will be responsible for providing supplies that
are reasonably needed to sustain the responding officers in enforcing the law and
maintaining order. Each agency will be responsible for any repairs and/or
damages done to their own vehicles as a result of participation in mutual aid.
III. Insurance
No signatory shall be held liable to another signatory for damages, loss of
equipment, injury to personnel, or payment of compensation arising as a result of
assistance rendered under the terms of this agreement.
IV. Commissions Authority
Full -time, paid, commissioned officers who are responding to any call for mutual
aid shall be automatically commissioned by virtue of the mutual aid agreement,
through the commissioning authority of the primarily responsible agency and,
therefore, shall be empowered to exercise the same police authority during the
time of the mutual aid as though they were full -time commissioned officers of the
primarily responsible agency. This provision shall apply whether the mutual aid
request is of:
(a) A formal nature between department heads;
(b) A less formal nature through agreement of watch commanders or shift
supervisors; or,
(c) When the officers of one jurisdiction cross jurisdiction boundaries to
aid or assist the officers of another jurisdiction signatory to this
agreement.
If signatory agencies have reserve officers or part-time officers, in addition to
full -time paid, commissioned officers, they shall normally be exempt from the
automatic commissioning, except those reserve officers working under the
immediate supervision of a full -time officer. Reserve or part-time officers may be
extended automatic commissioning at the direction of the department head who
requests mutual aid, PROVIDED HOWEVER, that such determination should be
worked out in advance among the heads of the signatory agencies.
V. Command
The underlying principle of mutual aid is that other agencies are serving as a
resource to another agency's request. Therefore, the Chief of Police or his/her
designee (Sergeant, Lieutenant, Captain, etc.) of the requesting agency maintains
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incident command and is aided by those resources sent in response to this request
for aid. In the event that the emergency is of such a nature that it exceeds the
individual jurisdictional boundaries, a unified command shall be established until
the mutual aid situation ceases to exist and operations return to normal
boundaries.
Whenever significant resources from other agencies must be mobilized and
brought into a jurisdiction in order to resolve a given problem, even when the
scope of the problem is such that it is physically contained within the boundaries
of the specific single jurisdiction requesting mutual aid, it is expected that an
appropriate incident command staff be developed and that the senior staff officers
responsible for the mutual aid assets will fill roles within the incident command
structure. Successful mutual aid operations must be based upon professional
respect and also upon acknowledgement of the fact that the Incident Commander
in charge also is responsible and legally liable for his decisions and actions. It
must also be borne in mind that those in charge of mutual aid assets are still free
to accept or refuse to carry out requests requiring specific missions, which would
utilize and exhaust the assets for which they are responsible.
VI. Control
While the question of technical command and responsibility is one, which
requires specific designation of an Incident Commander, the exercise of control
over responding mutual aid units and combinations of units brings up an entirely
different set of concerns. Wherever possible, the supervisor or staff officer in
charge of a group of responding units from an assisting agency would report to
the Incident Commander as liaison and be assigned to specific tasks or missions,
for which he /she would use his own departmental personnel. NOTE: Because of
the possibility that reserve officers will be used in many responses to requests for
mutual aid, it is important to establish and record their presence and to verify the
fact that they are certified reserves within the scope of the definition of the "Peace
Officer Powers Act," and have met the requirements established by the
Washington Criminal Justice Training Commission. Reserve officers should
generally work under supervisors or regular officers from their own agencies, but
under some circumstances (depending on the scope of the operation), might be
configured into a special reserve contingent for handling special assignments such
as roadblock, evacuation, fixed -point traffic control, etc.
VII. Press Relations
It shall be the responsibility of the requesting agency in conjunction with the
Incident Commander to establish a press area and to assign a public information
officer to handle immediate inquires during any given incident. All releases of
information through the public information function should be approved by the
Incident Commander.
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VIII. Record Keenine
It shall be the responsibility of the Incident Commander to establish a Planning
and Intelligence Section. The Planning and Intelligence Section will keep an
accurate log of what mutual aid agencies, personnel and vehicles are involved in
the emergency, and during what periods, along with the assignments, which they
were given and any actions, which they took. A formal written Incident Action
Plan and After Action Report will be completed by the Planning and Intelligence
Section and the requesting agency following the incident.
The King County Chiefs Association through the Regional Operations Committee
shall annually update and review plans and policies, and make recommendations
for change.
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