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HomeMy WebLinkAboutCOW 2011-07-11 Item 4B - Agreement - Investigative Assistance for SCORE (South Correctional Entity) COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by I Mgy�revrew I CouiWil.reviezv 07/11/11 MV I 07/18/11 I MV ITEM .INFORMATION CAS NUMBfsR: 11-069 STAFF SPONSOR: CHIEF VILLA I ORIGINAL AGENDA DATE: 7/11/11 AGi:ND,� ITEM TITLE SCORE Investigative Assistance Agreement CXCLGORY Discussion Motion Resolution Ordinance BidAu�ard PublicHeanng ❑Other Mt g Date 7/11/11 Mtg Date 7/18/11 Mtg Date Mtg Date Mtg Date Mtg Date MI Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PAR ®Police Pl>' SPONSOR'S Tukwila is an owner city of the South Correctional Entity (SCORE). We would like to enter SUMMARY into an agreement with SCORE, along with the other owner cities, to investigate criminal or significant activity pursuant to the authority of the Washington Mutual Aid Peace Officers Powers Act. RI ,\'IEWL;D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/06/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST Y LMPACI` FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Cotnments: IVITG. DATE REGORD��,OF ;COUNCIL ACTION 07/11/11 I MTG. DATE I ATTACHMENTS 07/11/11 Informational Memorandum dated 06/28/11 Copy of the Investigative Assistance Agreement Minutes from the Finance and Safety Committee Meeting 07/06/11 121 122 City of Tukwila s Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Mike Villa, Chief of Police DATE: June 28, 2011 SUBJECT: SCORE Investigative Services Agreement ISSUE The City wishes to sign an Investigative Services Agreement with the South Correctional Entity (SCORE). BACKGROUND The cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila created a governmental administrative agency known as SCORE. SCORE has built a new detention facility located in Des Moines Washington. The facility will begin housing inmates in September of 2011. DISCUSSION The cities mentioned above wish to cooperate in the investigation of any criminal or significant activity that occurs at the SCORE facility and pursuant to the authority of the Washington Mutual Aid Peace Officers Powers Act, Chapter 10.93 RCW. This cooperative agreement will reduce the burden on any one agency for the sole responsibility of these investigations. The Investigative Services Division of the Tukwila Police Department (TPD) will absorb the increased demand during 2011 and 2012. TPD will monitor and assess the requests and make necessary future adjustments as needed. The Investigative Assistance Agreement has been approved by both the SCORE Operations Board and the Administrative Board. These boards are comprised of the Police Chiefs and Mayors of the aforementioned cities as well as the SCORE director. RECOMMENDATION The Council is being asked to consider this item at the July 11, 2011 Committee of the Whole Meeting and subsequent July 18, 2011 Regular Council Meeting. ATTACHMENTS Investigative Assistance Agreement with SCORE W:12011 Info Memos\SCOREInvestigative.doc 123 124 INVESTIGATIVE ASSISTANCE AGREEMENT This Agreement is between the State of Washington cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila (collectively "Cities" and each "City"), which created a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity, "SCORE effective on August 22, 2011. RECITAL WHEREAS, the Cities have worked closely in the past in all aspects of policing services and wish to continue such relationships with regard to the new detention facility built by SCORE and the investigation of any criminal or significant activity that occurs at this facility and pursuant to the authority of the Washington Mutual Aid Peace Officers Powers Act, Chapter 10.93 RCW "Act"); and WHEREAS, RCW 10.93.130, contracting authority of law enforcement agencies, provides: "Under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state, or such state's political subdivision, to provide mutual law enforcement assistance." TERMS AND CONDITIONS NOW THEREFORE, in consideration of the above recitals which are incorporated by reference herein and other good and sufficient consideration, the Cities agree as follows: The SCORE Executive Director or designees and the Cities' Chiefs of Police will cooperate and exercise their professional judgment in requesting and responding to SCORE requests for investigative assistance. SCORE will utilize Valley Communications to initiate any required first responder calls for service for those emergency calls that require a police or fire response. Beyond emergency response, at the discretion of the Executive Director, SCORE will initiate requests to the Cities for investigative assistance with any investigations requiring the need for outside investigative assistance. The SCORE Executive Director and the Cities' Chiefs of Police will use best efforts to disburse the burden of such requests among the Cities on an equitable basis and the Chiefs of Police will use their best efforts to affirmatively respond to such requests for assistance. In the event that a City police department cannot respond to a mutual aid investigation request, the SCORE Executive Director will seek the aid of one of the Cities or another outside law enforcement agency for an investigation. Investigative Assistance Agreement Page 1 of 3 125 At the sole discretion of the Executive Director, in circumstances where an independent law enforcement investigation (i.e. without the participation of a City) is needed, the SCORE Executive Director, or designee, will acquire the assistance of another outside law enforcement agency. SCORE will be responsible for initiating contact with the Chief of Police for the City of Des Moines, or designee, who is to be notified of the need for law enforcement investigative assistance before another law enforcement agency is requested. SCORE will also notify the Washington Cities Insurance Authority, as the circumstances warrant. At the discretion of the SCORE Executive Director, no requests will be made to the Cities' police departments to become involved in matters that are more commonly handled through other investigative means, such as labor employment issues or matters that are to be investigated and handled within SCORE's internal administrative procedures. Liability for investigative assistance will be subject to the provisions of the Act. A request for investigative assistance should contain the following elements: o Communication between SCORE and the Cities o Definition of the event that has occurred o Staffing requirements expected for the investigation o Status as to either lead agency, secondary agency, or to act as an independent reviewer o Estimated duration of the investigation o Estimation of any after action events or functions that may occur o Comprehensive written report of the event This Agreement may be executed in counterparts and to be effective on the date above specified. Investigative Assistance Agreement Page 2 of 3 126 South Correctional Entity City of Auburn City of Burien City of Des Moines City of Federal Way City of Renton Jim Haggerton, Mayor City of SeaTac City of Tukwila Investigative Assistance Agreement Page 3 of 3 127 City of o Tukwila Y Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes July 6, 2011— 5: 00p. m.; Conference Room #3 'Wednesday due to holiday PRESENT Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson Staff: Mike Villa, Shawn Hunstock, Marty Grisham, Nick Olivas and Kimberly Matej Guest: Chuck Parrish CALL TO ORDER: Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. SCORE Investigative Services Agreement Staff is seeking Council approval to enter into an Investigative Assistance Agreement with all SCORE detention facility member cities (Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila). r his cooperative agreement is for investigative services for any criminal or significant activity that that occurs at the SCORE facility and pursuant to RCW Chapter 10.93 (Mutual Aid Peace Officers Powers Act). Investigative needs will be equally shared among member cities as necessary. Misdemeanor crimes will be handled through internal processes. Without this investigative agreement, services would need to be contracted and paid for through an outside entity (i.e.: King County). Legal has reviewed the agreement, and the agreement has been approved by the SCORE Operations and Administrative Boards. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. B. Ordinance Update: Emergencv Management Staff is seeking Council approval of an ordinance amending existing Tukwila Municipal Code (TMC) Section 2.57 regarding Emergency Management. The proposed draft ordinance addresses discrepancies as identified through the Revised Code of Washington, and updates definitions and duties as appropriate. This section of the TMC was last updated via ordinance in February 2008. The item is returning to Committee from January 19, 2011, when the Committee suggested several areas of the ordinance that needed clarification and/or further definition for application. Those areas have been modified and staff is returning to Committee for additional review. Highlights of changes include: New Section: Mayor's Responsibilities Title Changes Clarification/Specification of Roles (i.e.: changing control to coordination) Staff mentioned that the new ordinance is NIMS compliant. All other City- issued emergency plans will be built off of this ordinance increasing reliability, coordination and consistency of responsibilities. UNANIMOUS APPROVAL. FORWARD TO JULY 11 COW FOR DISCUSSION. C. Donation to Fire Department: Ford Expedition Staff is seeking Council approval to accept the donation of a 1997 Ford Expedition for the Tukwila Fire Explorer Post from the Valley Regional Fire Authority. 128