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HomeMy WebLinkAbout03-103 - Valley Cities - Multi-Jurisdictional Narcotics Task Force ProgramI. INTERLOCAL COOPERATIVE AGREEMENT NARCOTICS TASK FORCE OPERATIONAL AGREEMENT PARTIES The parties to this agreement are the Cities of Kent, Auburn, Renton and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This agreement is entered into pursuant to Chapter 10.93 RCW and Chapter 39 34 RCW III PURPOSE The parties hereto desire to establish multi- jurisdictional narcotics control force. -1- and maintain a program and task IV. FORMATION There is hereby established a governmental agency to be hereafter known as the "Narcotics Task Force" consisting of the Cities of Kent, Auburn, Renton and Tukwila as members thereof This special investigations unit or force will be created to operate within King County. As special needs arise, it may be necessary to request personnel be assigned from Federal law enforcement task agencies, the Washington State Patrol, law enforcement agencies within King County and the King County Prosecutor's Office, at the discretion of the Project Coordinator. V. STATEMENT OF PROBLEM King County and the municipalities located within the County have experienced crime problems due to drug abuse, which has rapidly increased from the 1970's to the mid 1980's. This increase stems not only from an increase in population in all areas and changing drug abuse trends, but also from the lack of resources to maximize drug enforcement efforts. A significant number of major crimes such as residential and commercial burglary, robbery, and assault are committed by drug abusers. King County's experience in this regard is consistent with national trends that reveal a truly staggering number of crimes committed by drug users. Enforcement efforts directed at reducing drug trafficking in King County have, for the most part, been conducted by law enforcement agencies working independently. There has been little coordinated and concentrated effort directed at drug offenders and related offenses, despite the fact that drug traffickers and the crimes they generate do not respect jurisdictional boundaries of municipalities and -2- counties. Significant drug arrests have occurred because of detailed investigations by existing investigative units. However, multi agency task force operations have been proven more effective in large -scale investigations. An intensive and concentrated effort directed at such offenders can result in significant crime reductions far in excess of the results of additional manpower devoted to normal police patrol functions within one jurisdiction. The County criminal justice system must check and /or reduce the drug abuse and related problems within King County by a coordinated and concentrated effort by initiating and conducting drug investigation at the highest trafficking level possible and enforcing the criminal provisions of the Uniform Controlled Substances Act. Federal law enforcement agencies, in conjunction with the Washington State Patrol, King County, other city and tribal law enforcement agencies, and the King County Prosecutor's Office may be requested to assist in the investigation of significant drug groups within King County, that would be outside the scope of this Interlocal Task Force. VI. DURATION The minimum term of this agreement shall be one year. This agreement shall automatically be extended for consecutive one year periods unless one or more of the participating cities gives notice of intent to terminate participation in the unit pursuant to this agreement. Any such notice of termination shall be in writing and served on the other cities on or before January 1 of any year. Such party's termination shall be effective on the last day of such year. Because of the requirements of budgeting, such one year notice is necessary and is of the essence in giving of such notice Notification that grant funds will not be renewed, would justify a "notice period" of 90 days prior to 31 December of that year. VII. GOVERNANCE The affairs of the agency shall be governed by an executive board composed by one member of each participating city. Such members shall be the police chief or his or her designee in the case of the chief's disability or absence. Each member of the executive board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the executive board. The presiding officer shall be elected by it's members, together with such other -4- officers as a majority of the board may determine. There shall be a minimum of four meetings each year, and not less than fifteen days written notice shall be given to all members prior to such meeting. The first meeting shall be held on the second Tuesday of March of each year to review the prior year's service. The second meeting shall be on the first Tuesday of August of each year to review and present a budget to the participating units. At least two other meetings shall be held each year to review the unit's activities and policies. The chair may call extra sessions as necessary, upon a minimum of 72 hours notice. When the board votes on any matters, a simple majority of those present shall be required for passage. A quorum must be present at each meeting for any actions to be valid. In emergency situations, the chair may conduct a telephone poll of board members to resolve any issues. The board shall develop written bylaws, regulations and operational procedures within sixty (60) calendar days of the execution of this agreement VIII. STAFF A Project Coordinator shall act as principal liaison and facilitator between the executive board and the members of -5-- the task force. The individual shall operate under the direction of the chair of the executive board. The Coordinator shall be responsible for informing the board on all matters relating to the function, expenditures, accomplishments and problems of the task force. The Project Coordinator shall prepare quarterly written reports to the board on the actions, progress and finances of the task force. In addition, the Coordinator shall be responsible for preparing all proposed budgets and presenting rules, procedures, regulations and bylaws and revisions thereto for executive board approval Each city shall contribute one full -time investigative officer to be assigned to the task force. The personnel assigned to the unit shall be considered an employee of the contributing city. That city shall be solely and exclusively responsible for that employee. All rights, duties, and obligations of the employer and the employee shall remain with that individual city. Each city shall be responsible for ensuring compliance with all applicable laws with regard to employees and provisions of any applicable collective bargaining agreements and civil service rules and regulations. The personnel assigned by the individual cities shall be -6- continued under the employment of that city for purposes of any loss, claims, damages, liabilities arising out of or related to the services provided to the unit or the activities of the unit. Each city shall hold harmless, defend and indemnify the task force in any action involving the task force activities including payment of all attorney fees and costs. The insuring authority for each city shall provide the task force a rider or certificate of to cover activity being provided by the task force. where a determination -7- shall consist of a Project task force Executive Board The staff for this task force Coordinator designated by the one individual commissioned police officer from each city, with a unit supervisor, appointed from the four city designated individuals. of specific priorities of these It shall be the responsibility of the unit to investigate narcotics trafficking, attempting to impact the highest level dealer and wholesaler as possible. In circumstances investigations must be made, the executive board will direct the coordinator as to those priorities The task force will be responsible for accomplishing the board's objectives. IX. UNIT OBJECTIVES Policies and procedures will be developed to specifically target certain measures to be achieved by the task force during the program year. Should the task force continue in later years, these target measures shall be evaluated and amended, revised, delete or added to as appropriate. 1. Disrupt drug organizations within King County; 2. Gather and report intelligence data relating to illegal drug activities within King County; 3. Make arrests that will impact the highest -level dealer and wholesaler as possible; 4. Effectively prosecute drug traffickers; 5. Promote law enforcement cooperation through multi agency investigations; and 6 Impact drug trafficking organizations. X. FINANCIAL REOUIREMENTS This agreement is being entered into to establish a task force. A portion of that task force will be funded by a grant from the Federal government. Parties to this agreement shall contribute to the matching funds requirement of the grant as is set forth below. Contributions may be both in cash and in -kind. Records shall be maintained of all contributions and payments must be timely. -8-- CONTRIBUTION Each party will contribute 25% of the funds (see attached budget). The viability of the task force will be evaluated should the Federal grant be reduced or eliminated. The executive board chair shall be responsible for the accounting of and for task force expenditures. Assets will remain with the task force in accordance with RCW 69.50 505 on Seizures and Forfeitures. The unit may purchase information and establish drug buy funds. This fund shall serve as a basis for enforcement work Strict accounting of all evidence and funds shall be required, which shall be accomplished in compliance Federal, State, and local laws for such. TERMINATION Termination shall be set forth in prior s the task force shall with all accepted methods of valuation. Assets that are not fixtures may be purchased by any participating city at the required matching in accordance with those procedures ections. The value of the assets of be determined by using commonly asset's fair market value upon termination. If two or more participating cities desire an asset, then an auction -9- shall take place for that asset. Any real estate, fixture or structures owned by the task force may be purchased by participating cities. If more than one city desires to purchase the reality and structures, then an auction shall take place. Two or more participating cities may join in any purchase. Any property not sold shall be declared surplus by the executive board and disposed of pursuant to State law for the disposition of surplus property. The proceeds from the sale or disposition of the property of the task force, after payment of any and all costs of sale or debts of the agency, shall be distributed to those cities remaining in the task force at the time of dissolution in proportion to that city's percentage of participation in the task force as of the date of dissolution. XII. COMPLIANCE. WITH THE LAW The task force shall comply with all Federal, State and local laws effecting the task force. XIII. ARBITRATION Any dispute between the cities concerning the application of or violation of the express terms of this agreement shall be resolved through arbitration For purposes of arbitration, each city shall pick it's own arbitrator and, -1 a majority decision of the arbitrators shall be final and conclusive unless an aggrieved party, within ten (10) calendar days of receipt of the decision, challenges the decision of the arbitrators by serving and filing a petition for review with the Superior Court of King County, Washington. The only grounds for a petition for review shall be that the decision is: 1. Not responsive to the questions submitted; 2. Contrary to the terms of the contract; 3. Is arbitrary or is not based on applicable facts or law controlling issues submitted for arbitration. The arbitrator shall be governed by the statutes of the State of Washington and court decisions governing such procedures The cost of arbitration shall be born by each city paying for it's own arbitrator and all other attorney fees and costs Should all four cities participate in an arbitration, those city's arbitrators shall meet and choose a fifth arbitrator who shall decide the matters in the dispute. XIV FILING Upon execution hereof, this agreement shall be filed with the City Clerk's of the respective participating cities, the director of records and elections of King County, the Secretary of State, and such other governmental agencies as may be required by law. XV. SEVERABILITY If any part, paragraph, section or provision of this agreement is held to be invalid by any court of competent jurisdiction in the State of Washington, such adjudication shall not effect the validity of any remaining section, part or provision of this agreement. XVI MUNICIPAL AUTHORIZATIONS This agreement shall be executed on behalf of each participating city by it's duly authorized representative and pursuant to an appropriate motion, resolution or ordinance of each participating municipality. This agreement shall be deemed adopted when the date of execution by the last so authorized representative. This agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. XVII ALTERATIONS This agreement may be modified, amended or altered by agreement of all participating municipalities and such alteration, amendment or modification shall be effective when reduced to writing and executed in a manner provided for by this agreement. -12- XVII RECORDS The task force shall maintain all records related to the task force. Upon dissolution of the task force, such records shall be kept and maintained by the City of AUBURN These records shall be available for full inspection and copying by each participating agency. JANUARY 26, DATED APPROVED AS TO FORM. 1987. ATTORNEY, CITY OF AUBURN ATTORNEY;�C-ITY OF RENTON T TY ATTORNEY, CYTY OF TUKWILA'"- —13 CITY TY OF AUB k I ,r\i\ CITY OF )2/..7 Le CITY OF TUKWILA CAG— UU5 -68 SOUTH KING COUNTY NARCOTICS TASK FORCE STANDARD OPERATING PROCEDURE NO 1 SEIZED MONEY Money that is confiscated by seizure according to RCW 69 50 505 will be taken to the Kent Police Department and submitted into the evidence umt for holding. Within five (5) working days, the money will be removed by the Task Force Coordinator The Task Force Coordinator will deposit the moneys into the City of Kent's special deposit (holding) account #145 N46 000 0000 561 When forfeiture proceedings have been completed, the moneys plus accrued interest shall be transferred into the regular seized cash account, #175 N46 000 2261 574001 Money that is seized and is needed specifically for evidentiary purposes will be marked accordingly on the currency envelope and forms. These moneys will then be maintained by the evidence umt. KENT POLICE DEPARTMENT CURRENCY ENVELOPE FORM EVIDENCE FOUND PROPERTY SOUTH KING COUNTY NARCOTICS TASK FORCE STANDARD OPERATING PROCEDURE NO 2 RELEASE OF REPORTS INVOLVING CRIMINAL HISTORY INFORMATION /ARRESTS Upon verification of the identity of the requester, incident reports involving arrests may be released to persons who have suffered physical loss, property damage or injury compensable through civil action, including: A. The identity of persons suspected of being responsible for such loss, damage or injury; and B Such information that may assist in obtaining civil redress, regardless of: 1 Whether the suspect is adult or juvenile, 2 Whether charges have or have not been filed, 3 Whether charges have been declined or dismissed. C Additional information may be disclosed, but is not mandated by law other than by court order II. RESTRICTIONS A. Check with the assigned detective prior to release of any information to venfy case status and confidentiality of witnesses B Possible pending lawsuit involving the Task Force If there is knowledge of a pending lawsuit, send a copy of the reports with the records request to the Task Force Coordinator The Coordinator and the Kent City Attorney will make the release or return the case with advisement on what may be released. C NO DISCLOSURE REQUESTS Complainant/witness information may be deleted upon request for no disclosure, or if disclosure would endanger safety D Records which may violate a person's nght to pnvacy' When information is blacked out, the reason must be given, citing the exemption used. (RCW 42 17.310) E Specific intelligence information and investigative records, the non- disclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy F Requests by third parties (i.e employees, neighbors, etc who have no actual involvement in the case) may be referred to the Court for arraignment/court date information, or to the State Identification Division for conviction information. III. DISCOVERY REQUESTS A. Requests for reports made on behalf of a cnmunal defendant for the purpose of defense in court shall be referred to the Criminal Division of the King County Prosecuting Attorney's Office B Requests for reports for civil forfeiture claims shall be provided upon conference with the Deputy Prosecuting Attorney assigned to the Task Force IV JUVENILES 1 Highly offensive to a reasonable person, 2 Not of legitimate concern to the public 3 If the information that would violate personal privacy or vital government interest can be deleted, the remaining records/information must be released. A. Juvenile records may be released to a Criminal Justice Agency only if the agency is investigating the juvenile and to other Agencies, either private or governmental, if they have custody or care of the juvenile (responsibility for the juvenile) B Juvenile information may be released to the public only when that information could not identify the juvenile or the juvenile's family V PROCESSING A All reports will be stamped with the Task Force copy stamp B Phone requests will be advised to make a wntten request by fax or mail. C All reports released will be audit trailed. Notation of what information was released must be made on the audit trail for consistency m release of the case. D Outside agency reports are released only if the report is an OSA assist to our case and is actually a supplemental to our case E Teletypes, pnntouts from ACCESS containing information from other agencies are not to be released other than in accordance with WAC 446- 20 -170 (Secondary Dissemination) F Reference RCW 10 97, 13 50, 42 17 STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 1 NAME OF ORGANIZATION City of Tukwila 2 NAME OF PROJECT Valley Narcotics Enforcement Team 3 AUTHORIZED TO SIGN APPLICATION APP SIGNATURES F '6 1 1/11-L, Bob Cline 5 AUTHORIZED TO SIGN VOUCHERS 6 AUTHORIZING AUTHORITY SIGNATURE AUTHORIZATION (See reverse for instructions.) All signatures MUST be original. Stamped signatures will not be accepted. SIGNATURE I\7 \rV�V SIGNATURE SIGNATURE I PRINT OR TYPE NAME Keith E. Haines PRINT OR TYPE NAME Steven M. Mullet Keith E. Haines t 1-C1 vt PRINT OR TYPE NAME Alan Doerschel Richard Takechi PRINT OR TYPE NAME Steven M. Mullet t'vu2A Keith E Haines 15 MULTI JURISDICTIONAL NARCOTICS TASK FORCE PROGRAM FORM 11 CONTRACT NUMBER 16.579 ICATIONS DATE SUBMITTED Acs a3 /a3 TITLE Chief of Police, Tukwila Task Force Commander TITLE Mayor, City of Tukwila Chief of Police, Tukwila TITLE Finance Director Accountant TITLE Mayor, City of Tukwila Chief of Police, Tukwila