HomeMy WebLinkAboutCOPCAB 2020-11-12 Agenda Packet (Cancelled Due to No Quorum)City of Tukwila Allen Ekberg, Mayor
Police Department Eric Drever, Interim Chief of Police
15005 Tukwila International Blvd, Tukwila, WA 98188 ● Phone 206-433-1808 ● Records Fax 206-244-6181 ● Investigation Fax 206-
431-3688
COPCAB Meeting Agenda
11/12/20
6:30pm – 8:00pm
Virtual Meeting Via Teams Meeting
Call-in number: 253-292-9750 Conference ID: 710 934 910#
1.Introductions
2.Approval of 10/8/20 minutes
3.COPCAB Mission and Responsibilities
4.COPCAB Member Vacancies
5.TPD Chief search
6.Chief’s updates
7.Community survey
8.Good of the order
MEETING CANCELLED
DUE TO NO QUORUM
City of Tukwila Allen Ekberg, Mayor
Police Department Eric Drever, Interim Chief of Police
15005 Tukwila International Blvd, Tukwila, WA 98188 ● Phone 206-433-1808 ● Records Fax 206-244-6181 ● Investigation Fax 206-
431-3688
COPCAB Minutes
October 8, 2020
6:30pm – 8:00pm
Virtual Meeting Via Microsoft Teams
253-292-9750
Conference ID: 170945815##
Members present: Tosh Sharp, Jan Bolerjack, John Lindsey, Jun Castillo
Staff present: Interim Chief Eric Drever, Phi Huynh
Guest: None
• Minutes for September 10, 2020 meeting were approved
• Chief’s update:
o Staffing: Short 16 bodies due to light duty, admin leave, vacancies, background, eight frozen positions (these
frozen positions won’t be filled due to budget cut). One records specialist applicant is in background. The
second evidence technician person will start three weeks from this day. Three officers are on light duty and
two are on admin leave.
o Justice Center: The PD and Court are all moved in. There are still punch list items that need to be
completed. Holding cells are work in progress. The Justice Center is a new tool for the community.
• Law Enforcement Training and Community Safety Act (LETCSA):
o Interim Chief Drever discussed to the group
o I-940 passed last year - provides accountability and credibility for law enforcement (attached
VIIT policy and WAC provides detailed information on the I940.
o Each agency can supply two community members to be on the Valley Independent Investigation Team
(VIIT). The Valley agencies has 12 members currently.
o Former Chief Linton, Interim Chief Drever and Councilmember DeSean Quinn interviewed nine community
members. They opted to select four members. The members are required to challenge the process and will
be included in discussions during the process of conducting investigation.
o These volunteer positions are not paid positions
o Term limit: every 3 years, members get assessed to remain in the team
• Good of the order
o Need school district representative – requested Chief to ask the Mayor for school members
o Confirm that all members still want to be part COPCAB.
o Question was asked on how COPCAB can help the Chief and PD. Chief will give more in depth answer at next
meeting.
o Chief would like members to engage and ask questions, to actively ask the community what the PD can do
then bring the questions to the him. He wanted to make sure the PD provides the best possible service to
the community. He would like to give the community an opportunity to challenge him. He wanted everyone
working together and pushing each other.
o SRO - how to get it back. We need to revisit.
o Need to get the survey out to for people to review. Need at least English version put up. Target audience:
Tukwila community. Ask officers to hand out cards with information on how to take the survey. The survey
information can be placed in the Hazelnut as well.
o Discuss survey at next meeting.
Meeting adjourned at 7:40pm.
Valley Independent Investigative Team – Organizational and Operational Guidelines
Valley Independent Investigative Team
Organizational and Operational
Guidelines
Member Agencies:
Auburn Police Department
Des Moines Police Department
Federal Way Police Department
Kent Police Department
Port of Seattle Police Department
Renton Police Department
Tukwila Police Department
Adopted by the Executive Board on August 19, 2020
Valley Independent Investigative Team – Organizational and Operational Guidelines
TABLE OF CONTENTS
PREFACE ................................................................................................................................................. 1
Introduction ....................................................................................................................................... 1
Mission ............................................................................................................................................... 1
Goals of the Valley Independent Investigative Team ........................................................................ 1
Public Information Regarding Valley Independent Investigative Team ............................................. 2
DEFINITIONS .......................................................................................................................................... 3
CHAPTER I: ORGANIZATION ................................................................................................................. 4
A. VIIT Team Administration ............................................................................................................ 4
B. VIIT Team Members/Responsibilities .......................................................................................... 4
C. Operational Guidelines ................................................................................................................ 6
D. Training and Equipment ............................................................................................................... 8
E. Non-Law Enforcement Community Representative .................................................................... 9
CHAPTER II: INCIDENT RESPONSE PROTOCOL ................................................................................... 12
A. Compliance with Laws ............................................................................................................... 12
B. Incidents Resulting in VIIT Activation ........................................................................................ 12
C. General Responsibilities of Involved Agency ............................................................................. 13
D. Process for Activation of VIIT ..................................................................................................... 13
E. Initial Incident Response – Involved Agency Responsibilities ................................................... 14
F. VIIT Has Exclusive Authority ....................................................................................................... 15
G. Assignment of Non-Law Enforcement Community Representative .......................................... 15
H. Family Notification – Assignment and Responsibility of Family Liaison .................................... 15
I. Assignment and Responsibility of Tribal Liaison ........................................................................ 16
J. Coordinating with Involved Agency – Involved Agency Liaison ................................................. 16
K. Conflict of Interest Statements .................................................................................................. 16
L. VIIT Investigation and Responsibilities ...................................................................................... 17
M. Vehicle Collision Incidents ......................................................................................................... 17
N. Custodial Death Scenes .............................................................................................................. 18
O. Interviewing Law Enforcement Employees ............................................................................... 18
P. Intoxicant Testing ....................................................................................................................... 18
Valley Independent Investigative Team – Organizational and Operational Guidelines
Q. Criminal Background Info Not To Be Released .......................................................................... 19
R. Briefing of Involved Agencies During Investigation ................................................................... 19
S. Briefing of Involved Agency Following Investigation ................................................................. 19
T. The Prosecutor’s Office .............................................................................................................. 19
U. Report Writing ........................................................................................................................... 20
V. Public Information/Media Releases ........................................................................................... 20
W. Access to Reports and Evidence ................................................................................................ 21
X. Public Disclosure Requests ........................................................................................................ 21
Y. Confidentiality ............................................................................................................................ 21
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 1 of 21
PREFACE
INTRODUCTION
The Valley Independent Investigative Team (“VIIT”) is a multi-jurisdictional team that includes the
cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle. VIIT
is created pursuant to Chapter 10.93 RCW, and in conformance with Chapter 139-12 WAC, for the
purposes of establishing a process for the independent investigation of Incidents where the use of
deadly force by a Peace Officer results in death, substantial bodily harm, or great bodily harm, as well
as other Incidents as described herein. VIIT is not created to conduct administrative investigations,
or to make determinations or reach opinions regarding guilt or innocence, or the efficacy of training
or policies.
These guidelines are intended to provide organizational and operational guidance. It is recognized
that no two Incidents are alike, and that each Incident may require a different approach and/or
investigative techniques. A failure to follow these guidelines shall not result in an independent cause
of action, shall not serve as a basis for liability, and shall not serve as evidence of an insufficient
investigation.
MISSION
The mission of VIIT is to independently, thoroughly and objectively investigate the most serious
Incidents involving police officers, including but not limited to:
• Officer involved uses of deadly force that result in death, substantial bodily harm, or great
bodily harm;
• In-custody deaths or life-threatening injuries;
• Death or life-threatening injuries of a police employee;
• Other matters as directed by the Executive Board.
GOALS OF THE VALLEY INDEPENDENT INVESTIGATIVE TEAM
The goals of VIIT include:
• To promote public trust by establishing a system for conducting consistent, independent,
professional, and transparent multi-jurisdictional investigations of serious Incidents
involving police officers;
• To maximize the availability of the latest technology and equipment and the use of
investigative best practices;
• To consolidate and share the skills of the most experienced supervisors and investigators
of each Member Agency;
• To conduct thorough investigations as expeditiously as is feasible under the
circumstances;
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 2 of 21
• When applicable, to adhere to the requirements of Chapter 10.114 RCW and Chapter 139-
12 WAC.
PUBLIC INFORMATION REGARDING VALLEY INDEPENDENT INVESTIGATIVE TEAM
In accordance with Chapter 139-12 WAC, the following shall be open to the public:
• The policies and operating procedures of VIIT;
• The names of the Member Agencies;
• The names of VIIT Team Administrators as set forth in Chapter 1.A below;
• The names of VIIT Team Members; and
• The names of the Non-Law Enforcement Community Representatives.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 3 of 21
DEFINITIONS
The following words and phrases, in their singular or plural form, shall have the meanings as set forth
below:
Deadly Force: The intentional application of force by the use of firearms or any other means
reasonably likely to cause death or serious physical injury.
Employing Agency: The Member Agency that employs the Peace Officer or other employee involved
in a VIIT investigation.
Great Bodily Harm: Great bodily harm is defined as provided in RCW 9A.04.110.
Incident: An event for which VIIT is activated.
Involved Agency: The agency or agencies that employ(s) the Peace Officer(s) involved in the Incident.
Involved Officer: A Peace Officer whose act is reasonably believed to be a “proximate cause” of an
Incident.
Lead Agency: The Member Agency that is the Employing Agency of the Lead Investigator assigned to
an Incident.
LETCSA: The Law Enforcement Training and Community Safety Act as set forth in Chapter 10.114
RCW and Chapter 139-12 WAC.
Member Agency: The police/law enforcement departments and divisions of the cities of Auburn, Des
Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle.
Peace Officer: The general authority, limited authority, and specially commissioned officers of a
Member Agency, as those terms are defined in RCW 10.93.020.
Proximate Cause: Cause which in direct sequence, unbroken by any new independent cause,
produces the death, substantial bodily injury, or great bodily harm in question and without which
such death, substantial bodily injury, or great bodily harm would not have happened. There may be
one or more proximate causes of a death, substantial bodily injury, or great bodily harm.
Substantial Bodily Harm: Substantial bodily harm is defined as provided in RCW 9A.04.110.
Team: The Peace officers and other personnel assigned by their Employing Agency to participate on
VIIT.
Witness Officer: A Peace Officer who was on the scene of an Incident, or who has information of
evidentiary value regarding an Incident.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 4 of 21
Chapter I: ORGANIZATION
A. VIIT TEAM ADMINISTRATION
1. IN GENERAL. The administrators of VIIT shall consist of the Executive Board, the Administrative
Lead, and the Lead Commander. All administrators shall be commissioned Peace Officers with
previous experience in criminal investigations.
2. EXECUTIVE BOARD. The governing body of VIIT is the Executive Board. The Executive Board is
comprised of the Chiefs of Police of the Member Agencies. The Executive Board elects their Board
Chair. The Chair is the primary point of contact for the VIIT Administrative Lead.
3. ADMINISTRATIVE LEAD. From among the Member Agencies, the Executive Board shall designate
one Assistant/Deputy Chief as the VIIT Administrative Lead. That Administrative Lead assignment
is usually on a two-year rotation. The rotation time may be different as dictated by the
Administrative Lead’s Employing Agency and the Executive Board. The Administrative Lead is
responsible for the administrative oversight of VIIT and managing the team’s compliance with
LETCSA, Chapter 139-12 WAC. The Administrative Lead will report regularly to the Executive
Board regarding VIIT activities.
4. LEAD COMMANDER. From among VIIT Commanders of each Member Agency, the Executive
Board shall designate one Commander as the VIIT Lead Commander. The Lead Commander
assignment is usually on a two-year rotation. The rotation time may be different as dictated by
the Commander’s Employing Agency and the Executive Board. The Lead Commander has the
overall responsibility to manage and coordinate Incidents, as well as ensure the readiness and
training of the Team. The Lead Commander may delegate these tasks to the Assistant
Commander or to the Team Trainer. The Lead Commander reports to the Administrative Lead.
5. ASSISTANT COMMANDER. The Assistant Commander shall be a member of the VIIT, appointed
by the Executive Board. The responsibilities of the Assistant Commander include:
a. Acting in place of the Lead Commander in the absence of the Lead Commander;
b. Acting in place of the Lead Commander in the event an Incident involves the Lead
Commander’s Employing Agency;
c. Maintaining records of Team call-outs;
d. Managing the financial transactions and records of the Team;
e. Preparing the Team's annual report.
B. VIIT TEAM MEMBERS/RESPONSIBILITIES
1. TEAM TRAINER. The Team Trainer may be either a supervisor or a detective assigned to the Team
by their Employing Agency. The Team Trainer will be appointed by the Lead Commander, and
will be responsible for:
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 5 of 21
a. Arranging, coordinating, and documenting all VIIT training for Team members;
b. Maintaining Team personnel records related to VIIT, as well as the Team roster, and
equipment inventory;
c. Providing support to the Assistant Commander in preparing the annual report.
2. TEAM COMMANDERS. Each Member Agency shall designate one police leader from their agency
to be their agency’s VIIT Commander. VIIT Commanders shall have previous experience in
criminal investigations, and it is desirable that selected VIIT Commanders show a keen interest in
investigations. VIIT Commanders must have mid-management level, or higher, decision-making
authority in their Employing Agency. The VIIT Commander from each Member Agency is
responsible for coordinating the personnel and administrative issues and needs of the individual
team members from their Employing Agency. Team members ultimately report to their
Employing Agency's Commander for personnel and labor issues, administrative matters, and
personal equipment.
3. TEAM SUPERVISORS.
a. Team Supervisors shall be first-line supervisors holding the rank of Sergeant or equivalent in
their Employing Agency, and shall be assigned by the Lead Commander to respond to and
supervise specific components of an Incident. Team Supervisors shall be selected by their
Employing Agency, and shall be recommended to the Lead Commander.
b. At the direction of the Lead Commander, a Team Supervisor shall respond to, and take direct
charge of, an Incident scene and investigation. When multiple Team Supervisors respond,
one will be designated as the Lead Supervisor. The Lead Commander may also assign Team
Supervisors to oversee other investigative components as dictated by the complexity of the
Incident or investigation.
4. INVESTIGATORS.
a. A minimum of twenty (20) Investigators should be assigned to VIIT. Investigators will be
employed by their employing VIIT agency as detectives. Two years of investigative experience
is preferred at the time a detective becomes a VIIT Investigator.
b. It shall be the responsibility of the Team Commander of the Employing Agency to ensure that
agency Investigators meet the requirements set forth in WAC 139-12-030(4)(c)(iii) – (v) as
applicable.
c. The Employing Agency shall ensure compliance with WAC 139-12-030(2)(b) as well as WAC
139-12-030(4)(c)(2) which requires two Non-Law Enforcement Community Representative be
involved in the selection of Investigators assigned to VIIT after January of 2021. For
Investigators assigned to VIIT prior to January of 2021, each Employing Agency shall be
responsible for providing information about the qualifications of those Investigators to the
Non-Law Enforcement Community Representatives for review.
d. Investigators shall commit to participate on VIIT for three years, provided a promotion by the
Employing Agency should not be withheld due to VIIT participation, and the Employing
Agency will not be prohibited from transferring an Investigator on account of his or her
participation on VIIT. The Chief and VIIT Commander of the Employing Agency shall review
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 6 of 21
the appointment of their VIIT investigators who have served three years for possible rotation
or replacement.
e. Investigators assigned to VIIT are expected to have a work history free of a sustained finding
of serious misconduct and/or a pattern of sustained complaints and a personal history free
of demonstrable bias or prejudice against community members that may be impacted by the
police use of deadly force. Examples of disqualifying sustained misconduct and/or personal
history include, but are not limited to: (1) discrimination of any type, based on protected
classes identified under RCW 49.60.030(1); (2) theft, fraud, dishonesty, and abuse of authority
including, but not limited to: theft, falsifying an official police record or making a false
statement, serious ACCESS violations, obtaining or disclosing confidential information, and
excessive use of force; and (3) dishonorable behavior including, but not limited to
harassment, bullying, aggressive or intimidating behavior, or threats of violence including
domestic violence.
f. Investigators shall be required to commit to and attend VIIT trainings as required by the Lead
Commander.
g. Investigators shall be willing to be on call, and reasonably available.
h. Investigators will work specific tasks at the direction of a Team Supervisor or Team
Commander.
h. One Investigator will be designated as the Lead Investigator for each Incident. In accordance
with WAC 139-12-030(4)(c)(v), the Lead Investigator shall meet the requirements of and
obtain a “lead Investigator certificate” as available and issued by the Criminal Justice Training
Center.
5. NON-COMMISSIONED EVIDENCE TECHNICIANS.
a. Non-Commissioned Evidence Technicians may help with documenting, collecting, packaging,
and transporting of evidence, as well as the processing of the crime scene, based on their
unique training and experience. Non-Commissioned Evidence Technicians may also be
involved in the collection of various data.
b. Non-Commissioned Evidence Technicians may be assigned to VIIT at the discretion of the
Commander of the Employing Agency.
c. The Commander of the Employing Agency shall ensure the Non-Commissioned Evidence
Technician meets minimum applicable standards.
d. Non-Commissioned Evidence Technicians shall be subject to training requirements as
established by the VIIT Lead Commander.
C. OPERATIONAL GUIDELINES
1. STAFFING LEVELS.
a. The total staffing numbers as of August 2020 shall be as follows:
Administrative Lead - 1
Lead Commander – 1
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 7 of 21
Assistant Commander – 1
Other Commanders – 1 per VIIT Agency
Investigative Supervisors – 1 per VIIT Agency
Investigators – 20
b. The following list represents the minimum number of Investigators each agency is
responsible for assigning to the Team as of August 2020. Agencies may elect to increase
their assigned Investigators depending on staffing and agency goals. The actual number may
vary as dictated by the needs and direction of each Member Agency’s Chief of Police.
Auburn Police Department, 3 Investigators
Des Moines Police Department, 2 Investigators
Federal Way Police Department, 3 Investigators
Kent Police Department, 3 Investigators
Port of Seattle Police Department, 3 Investigators
Renton Police Department, 3 Investigators
Tukwila Police Department, 3 Investigators
Non-Commissioned Evidence Technicians (assigned at the discretion of VIIT Agency
Commanders)
2. REMOVAL FROM TEAM. The Administrative Lead may recommend the removal of a Team
member to the employing agency's Chief of Police or his/her designee. The Chief of Police of the
Employing Agency, or the Executive Board, shall have authority to remove any member of the
Team; provided, the Executive Board shall only remove a member for cause.
3. COSTS. Each Member Agency shall be responsible for their employees’ wages and associated
costs.
4. EVIDENCE STORAGE. All evidence shall be stored under the control of the Lead Agency until such
time the Incident has completed the legal process. Once all legal processes are complete, all
evidence shall be turned over to the Involved Agency. The Involved Agency shall be responsible
for storage and handling costs of extraordinary items such as vehicles, HAZMAT, etc.
5. CASE FILES. All original reports, statements, and other documentation should be maintained
under a Lead Agency case number provided by the Lead Investigator’s agency to VIIT. Each
agency shall be responsible for establishing their own case number, used for document tracking
purposes. Once completed, reports, statements, and any other documentation shall be turned
over to the Lead Agency for inclusion in the final report. Original documentation will be turned
over to the Lead Agency’s Records Unit. Copies of all case files shall be made available to the
Involved Agency upon completion of a VIIT investigation. This copy will be provided to the
Involved Agency as an electronic file.
6. TEAM ADMINISTRATIVE RECORDS.
Records shall be maintained of all Team activity including:
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 8 of 21
a. Call-outs;
b. Team training;
c. Team Roster and contact number changes.
D. TRAINING AND EQUIPMENT
1. BASIC TRAINING. The following classes, or their equivalent, are recommended for all
Investigators assigned to VIIT:
a. Criminal Investigation;
b. Basic Homicide Investigation;
c. Force Science Institute;
d. Crime Scene Investigation;
e. Interviewing and Interrogation;
f. Officer Involved Shooting Investigation;
g. In-Custody Death Investigation;
h. LETCSA Violence De-escalation and Mental Health Training.
Participation in these basic training courses may be waived by the Agency VIIT Commander in the
event the Investigator has two years or more of relevant, full-time criminal investigative work
experience.
2. ON GOING/ADVANCED TRAINING AND CONFERENCES. In accordance with WAC 139-12-
030(4)(c)(v), Investigators shall participate in a minimum of eight hours of training annually, which
may include, but is not limited to:
a. Advanced homicide investigation techniques;
b. Advanced interviewing and interrogation;
c. Excited delirium and positional asphyxia;
d. Bloodstain pattern analysis;
e. Crime scene photography/videography;
f. Other related training, seminars, and conferences or on-going training as offered by WSCJTC
or other training venues on an as available basis.
Attendance at either the Washington Homicide Investigators Associations yearly conference or
the Oregon/Washington Lawman’s Association conferences will satisfy the annual training
requirement.
3. IN-SERVICE TRAINING.
a. VIIT shall strive to maintain a Team of highly skilled and trained Investigators.
b. VIIT will train together as a Team at least annually.
c. Team members are expected to attend training sessions as required by the Lead Commander.
Team members may be excused from training with approval from the Commander or
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 9 of 21
Supervisor from their home agency. A notation in the training record should be kept for all
attendees. An attendance list will be forwarded to the Commander and Supervisor of each
VIIT Agency for their tracking purposes.
4. EQUIPMENT.
a. Member Agencies shall work together to ensure VIIT has the necessary equipment to support
the VIIT mission and goals. Agencies will supply each Team member with basic safety
equipment to adhere to current WISHA or OSHA blood borne pathogens rules.
b. Specialized equipment belonging to the Involved Agency may not be used by VIIT unless: (1)
no reasonable alternative exists; (2) the equipment is critical to carrying out the independent
investigation; and (3) the use is approved by the VIIT Commander.
c. If the equipment is used during the investigation of an Incident where the use of deadly force
by a Peace Officer results in death, substantial bodily harm, or great bodily harm, the Non-
Law Enforcement Community Representatives must be notified about: (1) why it needs to be
used; and (2) the steps taken to appropriately limit the role of any involved agency personnel
in facilitating the use of that equipment.
d. The Employing Agency will provide Investigators assigned to VIIT with a jacket and a cell
phone. The jacket will be an all-weather jacket with a Police logo on the front and back.
e. A VIIT ID card will be provided to all members. The card may be FEMA compliant and will
display the following information:
1. Valley Independent Investigations Team;
2. Member’s name;
3. Member’s rank;
4. Member’s Employing Agency;
5. Photograph of member.
E. NON-LAW ENFORCEMENT COMMUNITY REPRESENTATIVE
1. TWO REQUIRED. In accordance with Chapter 139-12 WAC, a minimum of two Non-Law
Enforcement Community Representatives, who have credibility with and ties to the communities
impacted by police use of deadly force, will be assigned to VIIT for the purposes of participating
in VIIT responses to Incidents in which a Peace Officer’s application of deadly force results in
death or substantial bodily harm or great bodily harm. It is recognized that due to the number of
Member Agencies, there may be more than two Non-Law Enforcement Community
Representatives assigned to VIIT.
2. DUTIES. At least two of the VIIT Non-Law Enforcement Community Representatives shall:
a. Be involved in the selection of Investigators who are assigned to VIIT after January of 2021.
For Investigators assigned to VIIT prior to February 1, 2021, each Employing Agency shall
provide information about the qualifications of those Investigators to the Non-Law
Enforcement Community Representatives for review prior to February 1, 2021;
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 10 of 21
b. Complete a conflict of interest statement prior to participating in investigations;
c. Review conflict of interest statements submitted within seventy-two (72) hours of the
commencement of an investigation by VIIT into an Incident in which a Peace Officer’s
application of deadly force results in death or substantial bodily harm or great bodily harm;
d. Be present at the briefings with the Involved Agency(s)’ Chief for Incidents in which a Peace
Officer’s application of deadly force results in death or substantial bodily harm or great bodily
harm;
e. Have access to the VIIT investigation file when it is completed for Incidents in which a Peace
Officer’s application of deadly force results in death or substantial bodily harm or great bodily
harm;
f. Be provided a copy of all press releases and communication to the media prior to release for
Incidents in which a Peace Officer’s application of deadly force results in death or substantial
bodily harm or great bodily harm; and
g. Review notification of equipment use of the involved agency for Incidents in which a Peace
Officer’s application of deadly force results in death or substantial bodily harm or great bodily
harm.
3. CONFIDENTIALITY AGREEMENT. The Non-Law Enforcement Community Representatives must
sign a binding confidentiality agreement at the beginning of each Incident that remains in effect
until the prosecutor of jurisdiction either declines to file charges or the criminal case is concluded.
If the confidentiality agreement is violated, the Non-Law Enforcement Community
Representatives may be subject to prosecution under RCW 9A.76.020 (Obstructing a law
enforcement officer) and chapter 10.97 RCW (Washington State Criminal Records Privacy Act).
4. APPOINTMENT. The Chief of each Member Agency intends to appoint at least one Non-Law
Enforcement Community Representatives from his or her respective jurisdiction; provided, the
Port of Seattle may not appoint a Non-Law Enforcement Community Representative; and
provided further, the Chiefs of the other Member Agencies may appoint more than one Non-Law
Enforcement Community Representatives from his or her jurisdiction. The Chief of each Member
Agency shall create a transparent process for soliciting names of individuals in their respective
jurisdictions and creating a roster of individuals willing to serve in this capacity. It is recognized
that the Chiefs of each agency may utilize a different process for selecting the Non-Law
Enforcement Community Representatives from their respective jurisdiction. The Non-Law
Enforcement Community Representatives selected by each agency may be subject to the
approval of the Executive Board.
5. TERM. The Non-Law Enforcement Community Representatives shall serve a term of three years;
provided, the term may be extended by the Board, and provided further, the term may be
shortened or changed in the event of a change in law, the unavailability of the Non-Law
Enforcement Community Representative, or for good cause.
6. LIST MAINTAINED. Once selected, the Administrative Lead shall maintain a list of VIIT Non-Law
Enforcement Community Representatives.
7. RIGHTS. Notwithstanding the appointment of Non-Law Enforcement Community
Representatives, nothing herein shall require a particular Non-Law Enforcement Community
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 11 of 21
Representatives to be called to participate in a particular Incident, nothing herein will create a
right of the Non-Law Enforcement Community Representatives to participate in a particular
Incident, and nothing herein shall obligate an Non-Law Enforcement Community Representatives
to participate in a particular Incident.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 12 of 21
CHAPTER II: INCIDENT RESPONSE PROTOCOL
A. COMPLIANCE WITH LAWS
This chapter is intended to comply with Chapter 10.114 RCW and Chapter 139-12 WAC. In the event
of a conflict between this protocol and the provisions of Chapter 10.114 RCW and Chapter 139-12
WAC, Chapter 10.114 RCW and Chapter 139-12 WAC shall control.
B. INCIDENTS RESULTING IN VIIT ACTIVATION
1. INCIDENTS. VIIT is subject to activation upon the occurrence of the following Incidents:
a. An application of deadly force by a Member Agency Peace Officer while on duty that results
in death, substantial bodily harm, or great bodily harm;
b. An application of non-deadly force by a Member Agency Peace Officer while on duty that
results in death, substantial bodily harm, or great bodily harm;
c. When death, substantial bodily harm, or great bodily harm occurs to a subject while in the
custody of a Member Agency;
d. The death, substantial bodily harm, or great bodily harm of an inmate at any Member Agency
jail facility that occurs as a result of a use of force by a Member Agency Peace Officer or jail
employee;
e. An accident utilizing a firearm, other deadly weapon or less lethal weapon by a Member
Agency Peace Officer while on duty that results in death, substantial bodily harm, or great
bodily harm;
f. Other incidents of an extraordinary nature involving a Member Agency Peace Officer at the
discretion of the Chief of Police for the Involved Agency.
2. NON-PEACE OFFICER INCIDENTS. While formed primarily to investigate Peace Officer-involved
Incidents, VIIT may be deployed for non-Peace Officer-involved Incidents at the request of the
Involved Agency's Chief of Police or his/her designee and/or the discretion of the VIIT Executive
Board.
3. NON-MEMBER AGENCY DEPLOYMENT. VIIT responses for Incidents only involving police officers
employed by agencies other than Member Agencies will be considered on a case-by-case basis.
If outside agencies are involved in an Incident within the jurisdictional boundaries of Member
Agencies and no VIIT agency Peace Officers are involved, the outside agencies will conduct the
investigation, unless the VIIT Executive Board Chair or Administrative Lead, after consulting with
the Chief of Police of the city in which the Incident occurred, approves a request for VIIT to
conduct the investigation.
4. CONCURRENT JURISDICTION. There may be circumstances when the investigation is shared
concurrently with an outside agency. Since all scenarios cannot be anticipated, investigative
decision-making may occur after consultation with VIIT administrators.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 13 of 21
5. OFF DUTY CONDUCT. VIIT typically will not be responsible for investigating the off-duty
suspected criminal actions of Peace Officers that occur in jurisdictions other than those of
Member Agencies.
C. GENERAL RESPONSIBILITIES OF INVOLVED AGENCY
GENERAL RESPONSIBILITIES. The Involved Agency shall:
a. Ensure proper crime scene protection;
b. Make the initial request for VIIT;
c. Provide an Involved Agency Liaison;
d. Make all involved department personnel available to VIIT as appropriate pursuant to Chapter
139-12 WAC;
e. Be responsible for all reasonable investigative expenditures;
f. Coordinate appropriate suspect security measures with the Lead Commander and be
responsible for the cost of suspect security until the suspect is available for booking. It is
understood that special circumstances may dictate that other non-Involved Agencies may
provide assistance and security upon request of the Involved Agency’s Chief of Police or
designee;
g. Make all documents, reports, and information available to VIIT in accordance with these
protocols and Chapter 139-12 WAC;
h. Allow use of space and equipment as needed by VIIT, and in accordance with Chapter 139-12
WAC;
i. Contact the family of the person against whom deadly force has been used as soon as they
can be located; provided if the family has not been located and notified by the time the
investigation has been turned over to VIIT, VIIT may notify the family.
D. PROCESS FOR ACTIVATION OF VIIT
PROCESS FOR ACTIVATION.
a. The Involved Agency Chief of Police, or his/her designee, shall make the request for VIIT per
his/her department procedures as soon as possible following an Incident.
b. The Involved Agency Chief of Police, or his/her designee, shall designate an Involved Agency
Liaison. Other than filling the role as the Involved Agency Liaison, VIIT Team members from
the Involved Agency(s) will not be activated or involved in the independent investigation.
c. The Administrative Lead and Lead Commander will be notified of the request.
d. VIIT call-out procedures will be utilized to notify VIIT Team members of activation.
e. The Lead Commander shall assign a Lead Supervisor and Lead Investigator.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 14 of 21
E. INITIAL INCIDENT RESPONSE – INVOLVED AGENCY RESPONSIBILITIES
1. INITIAL INCIDENT PERIOD DEFINED. The Initial Incident Response is the period of time
immediately following an Incident and prior to the arrival of VIIT, when Involved Agency
personnel on scene and other first responders immediately take actions to render the scene safe
and secure and provide or facilitate life-saving first aid to those with injuries. During the Initial
Incident Response, it is critical that the scene is preserved to the extent possible considering the
circumstances, and that evidence is not manipulated except by VIIT, except when the loss of
evidence will occur unless the Involved Agency takes action to preserve it.
2. MEMBER AGENCY INITIAL RESPONSE POLICIES, SOPs, TRAINING OR PRACTICES. Member
Agencies shall have policies, standard operating procedures, training, or practices that address
the following:
a. The provision or facilitation by Peace Officers of first aid to injured persons at the scene which
is rendered at the earliest safe opportunity;
b. General crime scene response and use of deadly force Incident response which should
include:
1. Contacting command staff and causing the activation of VIIT as soon as possible after
the Incident;
2. Assigning an Involved Agency Officer to accompany a witness or suspect who is
transported to a hospital (absent a non-Involved Agency VIIT member) ;
3. Securing the scene(s) to ensure the preservation of evidence by establishing a
perimeter or perimeters and assigning an officer to record entry to and exit from the
perimeter;
4. Traffic control, if necessary;
5. The taking of public safety statements from the involved officers (provided, the public
safety statement should be disseminated to VIIT only upon approval of the County
Prosecutor);
6. The taking of photographs and/or video of the scene and individuals including
Involved Officers as soon as possible after the scene is rendered safe;
7. Separating and sequestering Involved Officers, summoning peer support, and
arranging the transport of Involved Officers from the scene to a designated location;
8. Maintaining the chain of evidence for Involved Officer weapons and items that were
worn or carried by Involved Officers which should be performed in a manner that
preserves the weapons and items in the same condition as immediately following use,
and accurately records the weapons by type and serial number and other items;
9. The process of identifying (with contact information) and separating witnesses;
10. The process of identifying evanescent evidence and taking steps to record the
condition of that evidence and preserve that evidence when necessary;
11. Briefing arriving VIIT members;
12. Transferring all collected evidence to VIIT;
13. Handing investigation responsibilities and scene control over to VIIT;
14. Establishing a command post when necessary;
15. Establishing a media staging area when necessary;
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 15 of 21
16. Taking other steps necessary for the preservation of public safety, the scene and
evidence.
F. VIIT HAS EXCLUSIVE AUTHORITY
Once VIIT is activated to investigate an Incident, and control of the scene is turned over to VIIT, VIIT
shall have exclusive authority concerning the investigation of the Incident. No member of the
Involved Agency may participate in the investigation except as specifically permitted by WAC 139-12-
030.
G. ASSIGNMENT OF NON-LAW ENFORCEMENT COMMUNITY
REPRESENTATIVE
When VIIT is activated to investigate an Incident in which a Peace Officer’s application of deadly force
results in death or substantial bodily harm or great bodily harm, the Lead Commander will assign two
Non-Law Enforcement Community Representatives to the Incident. After the Lead Commander
assigns two Non-Law Enforcement Community Representatives to the Incident, the Chief of the
Involved Agency may request that additional Non-Law Enforcement Community Representatives be
assigned, and such request will not unreasonably be denied.
H. FAMILY NOTIFICATION – ASSIGNMENT AND RESPONSIBILITY OF FAMILY
LIAISON
1. FAMILY NOTIFICATION. When VIIT is activated to investigate an Incident in which a Peace
Officer’s application of deadly force results in death or substantial bodily harm or great bodily
harm, a family member of the person against whom deadly force was used shall be notified as
soon as they are located. This initial notification may be conducted by the Involved Agency or
VIIT, whichever is faster.
2. FAMILY LIAISON. When VIIT is activated to investigate an Incident in which a Peace Officer’s
application of deadly force results in death or substantial bodily harm or great bodily harm, the
Lead Commander will assign a Team member to serve as the Family Liaison. The Family Liaison
will notify a family member of the person against whom deadly force was used as soon as they
are located unless the family has already been notified by the Involved Agency. The Family Liaison
shall ensure that the family, or a representative of the family’s choice:
a. Has a reliable way to communicate directly with the Family liaison;
b. Is kept informed about the investigative process, even when there is nothing new to report;
c. Is given timely notice of significant developments in the investigation, to include advanced
notification of all scheduled press releases.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 16 of 21
3. FAMILY AND TRIBAL LIAISON. The same Team member may serve as both the Tribal Liaison and
the Family Liaison.
I. ASSIGNMENT AND RESPONSIBILITY OF TRIBAL LIAISON
1. TRIBAL LIAISON. When VIIT is activated to investigate an Incident in which a Peace Officer’s
application of deadly force results in death or substantial bodily harm or great bodily harm, and
VITT has good reason to believe the deceased or individual harmed is an enrolled member of a
Federally Recognized Indian Tribe (RCW 10.114.021), the Lead Commander will, within twenty-
four (24)-hours of the development of that belief, assign a VIIT member to serve as the Tribal
Liaison. The tribal liaison will keep the tribe (or a representative of the tribe’s choice) apprised
of significant developments of the investigation.
2. TRIBAL AND FAMILY LIAISON. The same Team member may serve as both the Tribal Liaison and
the Family Liaison.
3. GOVERNOR’S OFFICE NOTIFICATION. The Lead Commander will also ensure that the Governor’s
Office of Indian Affairs is notified within twenty-four (24)-hours of when VIIT has good reason to
believe that the person was an enrolled member of a federally recognized Indian tribe.
J. COORDINATING WITH INVOLVED AGENCY – INVOLVED AGENCY LIAISON
When the VIIT is activated, Involved Agency Liaisons shall be assigned by the Involved Agency to
provide support to the Lead Investigator. It is preferred that the Involved Agency Liaison be a current
Team member or, if not a Team member, a supervisor of the Involved Agency. The Involved Agency
Liaison may be tasked to assist with logistics and coordinate communications between the Lead
Commander, Lead Supervisor, Lead Detective, and the Involved Agency. The Involved Agency Liaison
shall not participate in the investigation, nor shall he or she have any authority or influence over the
investigation.
K. CONFLICT OF INTEREST STATEMENTS
For Incidents in which a Peace Officer’s application of deadly force results in death or substantial
bodily harm or great bodily harm, a conflict of interest statement will be completed and signed by
each participating Team member and the Non-Law Enforcement Community Representative prior to
participating with the investigtion. The conflict of interest statements will be reviewed by the VIIT
Administrative Lead or VIIT Lead Commander with the Non-Law Enforcement Community
Representative within seventy-two (72) hours of the Incident. Team members and Non-Law
Enforcement Community Representatives with a conflict of interest will not be permitted to
participate in the in the investigation.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 17 of 21
L. VIIT INVESTIGATION AND RESPONSIBILITIES
1. CRIMINAL INVESTIGATION ONLY. The criminal investigation conducted by VIIT shall have
investigative priority over an administrative investigation conducted by the Involved Agency and
it begins immediately after an Incident has occurred. VIIT has no responsibility for conducting an
administrative investigation; however, it is recognized that the results of the criminal
investigation may be utilized to inform an administrative investigation and other matters
involving the Involved Agency; and VIIT should endeavor to conduct its investigation in a manner
that does not inhibit the administrative investigation.
2. BEST PRACTICES. All VIIT investigations relating to deadly force by a Peace Officer that results in
death, substantial bodily harm, or great bodily harm shall follow accepted best practices for
homicide investigations published and annually updated by the Washington State Criminal Justice
Training Center. All other investigations shall also follow best practices.
3. GOALS OF INVESTIGATION. The goal of the criminal investigation is to independently, thoroughly
and objectively investigate the Incident by gathering and develop all available relevant
information and evidence about the Incident, and to provide the information and evidence to the
prosecutor for his or her use in determining the presence or absence of criminal liability on the
part of those involved in the Incident and to inform any determination of whether a use of deadly
force met the good faith standard established in RCW 9A.16.040. Particular attention should be
paid to areas of evidence relevant to the officer’s decision-making process.
4. APPLICABLE LAWS. VIIT shall follow the rules of law that apply to all criminal investigations and
proceedings, including, but not limited to, those derived from the Constitutions of the United
States and state of Washington, and applicable federal and state statutes.
5. INDEPENDENT AND THOROUGH INVESTIGATION. The investigation shall be performed in a
manner that provides both the appearance and the reality of an independent, transparent,
credible, thorough, fair, and professional investigation which is free of conflicts of interest.
M. VEHICLE COLLISION INCIDENTS
If the Incident under investigation by VIIT involves a collision, VIIT may utilize a collision investigation
specialist(s) from a VIIT agency other than the Involved Agency. Collision investigation specialists
who participate in the investigation have the primary responsibility for documentation, collection,
and preservation of physical evidence, and may, at the discretion of the Lead Investigator, be used to
investigate the physical movement of vehicles and for collision reconstruction.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 18 of 21
N. CUSTODIAL DEATH SCENES
When an Incident occurs in a jail facility or other location where inmates may have witnessed
something, inmates should be identified and separated, if possible, pending interviews by VIIT
Investigators.
O. INTERVIEWING LAW ENFORCEMENT EMPLOYEES
1. WITNESS OFFICERS. Generally, it is the intent of VIIT Investigators to obtain details of any officer-
involved Incident as soon as possible after the event by interviewing and obtaining reports and
statements from Witness Officers.
2. GARRITY WARNINGS. VIIT Investigators do not have authority to issue “Garrity” warnings to the
Involved Officer(s). Garrity warnings may only be issued by the Involved Officer’s employing
agency Chief of Police or his/her designee. Before a “Garrity” warning is given to an Involved
Officer by his/her employer, VIIT Investigators should be given a reasonable amount of time to
talk to witnesses, review and collect evidence, and consult on the facts of the case.
3. AVOIDANCE OF COMPELLED STATEMENTS. Compelled statements of officers cannot be used by
VIIT for the investigation and are prohibited from being reviewed or considered by VIIT. If any
Team member receives a compelled statement, the investigator receiving the compelled
statement must immediately report it to his/her supervisor and must discontinue participation in
the investigation and communicating about the investigation or the Incident with Team
members. The information will be removed and/or isolated from the remaining investigation
unless the prosecutor of jurisdiction deems such action unnecessary.
4. IN CUSTODY INTERVIEWS. In custody interviews will be conducted in accordance with all Federal
and State laws applicable to in custody interrogations.
5. SEPARATE INTERVIEWS. Involved Officers will be interviewed separately from one another.
6. RECORDING. Interviews may be recorded upon agreement between the parties involved. After
an interview is recorded, a transcript of the recording will be prepared and reviewed by the VIIT
Investigator who conducted the interview for content and context accuracy.
P. INTOXICANT TESTING
In the event the state of sobriety of an Involved or Witness Officer of an Involved Agency is relevant
to the investigation, the VIIT Commander shall inform the Involved Agency Liaison. The Involved
Agency Liaison shall, to every extent possible, facilitate testing for alcohol or drug use.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 19 of 21
Q. CRIMINAL BACKGROUND INFO NOT TO BE RELEASED
Neither the involved agency nor VIIT will provide the media with criminal background information of
a person against whom deadly force has been used, unless it is specifically requested, and release of
the information is required by the Public Records Act or other applicable laws.
R. BRIEFING OF INVOLVED AGENCY DURING INVESTIGATION
1. BRIEFING. The VIIT Lead Agency shall prepare and conduct a briefing about the progress of the
investigation for the Involved Agency’s Chief. The Non-Law Enforcement Community
Representatives assigned to the Incident will be invited to attend briefing for Incidents where the
use of deadly force by a Peace Officer results in death, substantial bodily harm, or great bodily
harm.
2. TIMING OF BRIEFING. The Lead Agency should endeavor to conduct this briefing within the first
seventy-two (72) hours of the Incident, in coordination with the Involved Agency’s Chief of Police,
and adhering to LETCSA rules on disclosure to the involved agency. This briefing should be
prepared and conducted by the Lead Agency Supervisor.
3. NO COMPROMISE OF INVESTIGATION. Under no circumstances will information be released that
may compromise a VIIT investigation.
S. BRIEFING OF INVOLVED AGENCY FOLLOWING INVESTIGATION
After the VIIT investigation has been completed, and the County Prosecutor has determined that the
investigation is complete, the Lead Commander may schedule a full case review for the Involved
Agency. This review is intended to brief the Involved Agency's Command Staff and Legal Department
on what occurred during the Incident and what investigative steps were taken, as well as to answer
any questions the Involved Agency may have about the investigation.
T. THE PROSECUTOR’S OFFICE
The County Prosecutor’s Office for the County in which the investigation is conducted may be utilized
for assistance and advice on various criminal law issues which may arise during the investigation such
as but not limited to: case development, Miranda, search and seizure, probable cause to arrest,
detentions and releases, elements of crimes, immunity, legal defenses, and Garrity-related issues.
Upon completion of the VIIT investigation, the investigation report will be sent to the Prosecutor’s
Office for review.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 20 of 21
U. REPORT WRITING
1. REPORTS TO BE COMPLETED. All personnel involved in the Incident and VIIT investigation shall
complete reports documenting their participation. This includes Involved Agency personnel, VIIT
Investigators, and first responders. All completed reports will be routed to the designated VIIT
Supervisor. The VIIT Supervisor will provide all reports to the VIIT Lead Investigator as soon as
possible.
2. VIIT SUPERVISOR TO REVIEW. Upon completion of a VIIT Investigator’s report, it will be his/her
responsibility to provide that report to the designated VIIT Supervisor for review and approval.
3. APPLICABLE CASE NUMBER. Should an Investigator’s Employing Agency require him/her to
complete a report under his/her agency’s case-reporting system, that Investigator should write a
report titled “Agency Assist”. The Investigator’s follow-up report shall be completed under the
outside agency case number.
4. REPORTS A PRIORITY. The completion of reports prepared regarding an Incident shall be
considered a priority and will be completed as soon as practical. Prompt completion and
distribution of reports to appropriate personnel is essential.
V. PUBLIC INFORMATION/MEDIA RELEASES
1. PRESS RELEASE. A Team member will provide public information regarding an Incident by way of
press release or otherwise as soon as is practicable after the Incident. Updates to the public will
then be provided weekly, even if there is no new progress to report, until the investigation is
provided to the Prosecutor’s Office for review.
2. ADVANCED NOTICE TO FAMILY OF SCHEDULED PRESS RELEASE. VIIT shall give the family of a
person against whom deadly force was used and the Involved Agency advanced notice of all
scheduled press releases.
3. COPY OF PRESS RELEASE TO BE PROVIDED PRIOR TO RELEASE. VIIT shall provide the Non-Law
Enforcement Community Representative a copy of all press releases and media communications
prior to release.
4. CHIEF MAY COMMUNICATE. WAC 139-12-030(1) recognizes that the Chief of Police of the
Involved Agency, or his or her designee, may communicate with the community about the
progress of the investigation or other related matters, by press release or otherwise.
5. VIIT IDENTIFIED AS INVESTIGATIVE AGENCY. In all communications with the public, it is
important that the Lead Agency and Involved Agency inform the media that the investigation is
being conducted by VIIT. Specifically, the lead investigative agency shall not be identified as the
investigating agency; rather, VIIT shall be identified as the investigating agency.
Valley Independent Investigative Team – Organizational and Operational Guidelines Page 21 of 21
6. BODY CAMERA FOOTAGE. If the Chief of the Involved Agency requests that VIIT release body
camera video or other investigation information of urgent public interest, the VIIT Commander
should honor the request with the agreement of the King County Prosecutor.
W. ACCESS TO REPORTS AND EVIDENCE
1. AVAILABILITY OF REPORTS AND EVIDENCE. Material, or copies of material, that is created or
collected at the request or direction of Team members (including the crime lab results) will be
made available in a timely manner to those criminal justice agencies that have a need for the
material or as allowed by law. Examples of material referenced herein are:
a. Reports; written and collected;
b. Access to physical evidence;
c. Photographs and diagrams, and computer assisted reconstruction;
d. Audio and video recordings.
2. EVIDENCE NO LONGER NEEDED. When VIIT Investigators and/or representatives from the
Prosecutor’s Office conclude that the physical evidence collected by the criminal investigators is
no longer needed for criminal law purposes, the originating agency shall be notified of that
decision so it can assume responsibility for preservation of such evidence as needed or required.
3. REPORTS AVAILABLE TO INVOLVED AGENCY. It is desirable to provide the Involved Agency all
reports as soon as practical, and in compliance with LETCSA.
4. COMMUNITY REPRESENTATIVE ACCESS TO FINAL INVESTIGATION. At the conclusion of an
investigation involving an Incident in which a Peace Officer’s application of deadly force results in
death or substantial bodily harm or great bodily harm, the Non-Law Enforcement Community
Representative will be provided access to the completed investigation file.
X. PUBLIC DISCLOSURE REQUESTS
Records in response to a Public Records Requests will be released in accordance with state law.
Y. CONFIDENTIALITY
All investigations conducted by VIIT shall be treated as confidential except as otherwise provided by
law, and except as provided by this Protocol.
1 Valley Independent Investigations Team
VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT
THIS AGREEMENT is made and entered into on August 19, 2020, by and between the Police Departments
of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle.
RECITALS
Many years ago, the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila,
and the Port of Seattle (hereinafter “Member Agencies”) created the Valley Investigations Team, now
referred to as the Valley Independent Investigations Team (“VIIT”). VIIT was formed to provide a
mechanism whereby South King County police agencies would not investigate their own officers’ uses of
deadly force.
VIIT established a team of experienced and highly qualified leadership, detectives, and others from each
Member Agency to respond to incidents in which peace officers of Member Agencies use deadly force that
results in death, serious bodily harm, or great bodily harm.
Years later, in 2019, the state of Washington enacted RCW 10.114.011. This statute requires that whenever
the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an
independent investigation must be completed to inform any determination of whether the use of deadly
force meets the good faith standard established in Washington law. The statute also tasked Washington’s
Criminal Justice Training Commission (CJTC) to establish criteria for independent investigations.
Earlier this year, the CJTC issued the criteria for independent investigations, which is set forth in Chapter
139-12 of the Washington Administrative Code. Chapter 139-12 WAC now requires agencies to establish
independent investigation teams, much like VIIT, and that law enforcement agencies enter into a written
agreement to investigate police uses of deadly force incidents in their geographical region.
NOW, THEREFORE, and in accordance with Chapter 139-12, the Member Agencies mutually agree as
follows:
AGREEMENT
1. AGREEMENT. Each Member Agency agrees and commits to support and participate in VIIT for the
purposes of investigating uses of deadly force by their respective peace officers that result in death, serious
bodily harm, or great bodily injury. In recognition that each incident of deadly force that arises is unique,
nothing in this Agreement shall limit a Member Agency from utilizing a different agency for the purposes
of conducting an independent investigation of a use of deadly force by one of its peace officers.
This Agreement constitutes the written agreement among Member Agencies to satisfy the requirement of
Chapter 139-12 WAC and shall also serve as a request for assistance pursuant to a mutual law enforcement
assistance agreement in accordance with Chapter 10.93 RCW.
2. TERM. This Agreement shall stay in effect until such time as the Member Agencies terminate the
VIIT; provided, individual agencies may withdraw from VIIT with reasonable notice, and the remaining VIIT
Member Agencies will continue to operate under this Agreement until such time as only one Member
2 Valley Independent Investigations Team
Agency remains. The addition of a police agency to VIIT, or the change in name of VIIT shall not require a
new agreement among Member Agencies.
3. ORGANIZATIONAL AND OPERATIONAL GUIDELINES. The Member Agency Chiefs shall govern the
organization and operations of VIIT, and to that end, have formed an Executive Board consisting of the
Chief of each Member Agency. Each Chief shall have a vote in determining the organization and operation
of VITT. The Executive Board has determined that VIIT will be organized and operated in accordance with
Organizational and Operational Guidelines which have been adopted by the Executive Board. The
Organizational and Operational Guidelines may be amended from time-to-time by the Executive Board.
By signing below, the signor certifies that he or she has the authority to sign this Agreement on
behalf of his or her Police Department, and his or her respective Police Department agrees to the terms of
this Agreement.
___________________________________ ____________________________________
Chief, City of Auburn Date Chief, City of Des Moines Date
Print Name: _________________________ Print Name: _________________________
___________________________________ ____________________________________
Chief, City of Federal Way Date Chief, City of Kent Date
Print Name: _________________________ Print Name: _________________________
___________________________________ ____________________________________
Chief, City of Renton Date Chief, City of Tukwila Date
Print Name: _________________________ Print Name: _________________________
___________________________________
Chief, Port of Seattle Date
Print Name: _________________________
1
Chapter 139-12 WAC LAW ENFORCEMENT TRAINING AND COMMUNITY SAFETY ACT—INDEPENDENT INVESTIGATIONS CRITERIA (LETCSA)
NEW SECTION
WAC 139-12-010 Purpose. In 2015 the U.S. Department of Justice
issued a final report from the 21st Century Task Force on Policing. A
core focus of that report addressed strategies for improving
relationships, increasing community engagement, and fostering
cooperation. The report recommended clear and comprehensive policies
on the use of force, training on the importance of de-escalation,
crisis intervention and mental health, the provision of first aid, and
recommended external and independent investigations in officer
involved shootings resulting in injury or death. Initiative 940 and
SHB 1064 incorporated those recommendations and these WACs implement
the requirement of an independent investigation that is completely
independent of the involved agency. The goal of this requirement is to
enhance accountability and increase trust to improve the legitimacy of
policing for an increase in safety for everyone.
Ultimately, this is about the sanctity of all human life; the
lives of police officers and the lives of the people they serve and
protect. The preservation of life should be at the heart of American
2
policing. RCW 9A.16.040 provides a legal justification for officers
whose use of deadly force meets the "good faith" standard. RCW
10.114.011 requires that where the use of deadly force by a peace
officer results in death, substantial bodily harm, or great bodily
harm an independent investigation must be completed to inform any
determination of whether the use of deadly force met the good faith
standard established in RCW 9A.16.040 and satisfied other applicable
laws and policies. The independent investigation is a criminal
investigation and state law requires an "independent investigation"
completely independent of the involved agency.
[]
NEW SECTION
WAC 139-12-020 Definitions. Best practices – For the purpose of
this chapter, best practices are defined as methods, techniques, and
procedures that have consistently shown by research and experience to
produce superior results and are established or proposed as a
standard, suitable for widespread adoption in the law enforcement
profession.
3
Completed investigation - The final work product of the IIT for
the purpose of informing the prosecuting attorney's charging decision.
An independent investigation must be completed to inform any
determination of whether the use of deadly force met the good faith
standard established in RCW 9A.16.040 and satisfied other applicable
laws and policies.
Deadly force – As set forth in RCW 9A.16.010, "deadly force"
means the intentional application of force through the use of firearms
or any other means reasonably likely to cause death or serious
physical injury.
Evanescent evidence – Physical evidence that may be degraded or
tainted by human or environmental factors if left unprotected or
unpreserved for the arrival of the independent investigative team
(IIT); identification and contact information for witnesses to the
incident; photographs and other methods of documenting the location of
physical evidence and location/perspective of witnesses.
Good faith standard – As set forth in RCW 9A.16.040, ""good
faith" is an objective standard which shall consider all the facts,
circumstances, and information known to the officer at the time to
determine whether a similarly situated reasonable officer would have
4
believed that the use of deadly force was necessary to prevent death
or serious physical harm to the officer or another individual."
Great bodily harm – As set forth in RCW 9A.04.110, "great bodily
harm" means bodily injury which creates a probability of death, or
which causes significant serious permanent disfigurement, or which
causes a significant permanent loss or impairment of the function of
any bodily part or organ.
Independent investigative team (IIT) – A team of qualified and
certified peace officer investigators, civilian crime scene
specialists, and at least two non-law enforcement community
representatives who operate completely independent of any involved
agency to conduct investigations of police deadly force incidents. An
IIT is created when multiple law enforcement agencies enter into a
written agreement to investigate police use of deadly force incidents
in their geographical regions. A single law enforcement agency may
fulfill the independent investigative function, provided it is not the
involved agency.
Initial incident response – This is the period in time
immediately following a police use of deadly force incident, and prior
to the arrival of the IIT, when involved agency personnel on scene and
other first responders immediately take actions to render the scene
5
safe and provide or facilitate life-saving first aid to persons at the
scene who have life threatening injuries.
Involved agency - The agency that employs or supervises the
officer(s) who used deadly force. There can be more than one "involved
agency."
Member Agency – Each of the agencies that enters into a written
agreement to investigate police use of deadly force in their
geographical region.
Necessary – As set forth in RCW 9A.16.010, "necessary" means that
no reasonably effective alternative to the use of force appeared to
exist and that the amount of force used was reasonable to effect the
lawful purpose intended.
Prosecutor's review - The period of time when the IIT presents a
completed investigation to the prosecutor, who then reviews all the
facts and makes a charging decision.
Substantial bodily harm – As set forth in RCW 9A.04.110,
"substantial bodily harm" means bodily injury which involves a
temporary but substantial disfigurement, or which causes a temporary
but substantial loss or impairment of the function of any bodily part
or organ, or which causes a fracture of any bodily part.
[]
6
NEW SECTION
WAC 139-12-030 Independent investigation criteria.
There are five principles that are fundamental to enhancing
public trust in the integrity of independent investigations involving
police use of deadly force:
• Independence;
• Transparency;
• Communication;
• Credible process; and
• Credible investigators.
Standards are necessary for the involved agency and the public to
assess whether the actions taken by the IIT are independent,
transparent, credible, and communicated in a manner that results in a
compliant and complete investigation and builds public trust.
(1) Independence.
(a) Independence is essential to the integrity and objectivity of the
investigation. Maintaining independence is achieved through compliance
with rules and regulations designed to prohibit undue influence, and
the appearance of undue influence, by the involved agency in the
investigation.
7
(b) Standards for an investigation completely independent of the
involved agency:
• Once the involved agency personnel and/or other first
responders have rendered the scene safe and provided or facilitated
life-saving first aid to persons at the scene who have life-
threatening injuries, the involved agency will immediately call the
IIT. Then the primary focus of the involved agency shifts to the
protection and preservation of evanescent evidence in order to
maintain the integrity of the scene until the IIT arrives. Once the
IIT arrives, and the IIT commander has the appropriate resources on
scene, the involved agency will relinquish control of the scene to the
IIT.
• No member of the involved agency may participate in any way in
the investigation of police use of deadly force conducted by the IIT,
with the following exception:
• Specialized equipment belonging to the involved agency may
not be used by the IIT unless: 1 - no reasonable alternative exists; 2
- the equipment is critical to carrying out the independent
investigation; and 3 - the use is approved by the IIT commander. If
the equipment is used, the non-law enforcement community
representatives on the IIT must be notified about: 1 - why it needs to
8
be used; and 2 - the steps taken to appropriately limit the role of
any involved agency personnel in facilitating the use of that
equipment.
• No information about the ongoing independent investigation of
police use of deadly force will be shared with any member of the
involved agency, except limited briefings given to the chief or
sheriff of the involved agency about the progress of the investigation
so that they can manage the internal administrative investigation and
communicate with their community about the progress of the
investigation.
• If the chief or sheriff of the involved agency requests that
the IIT release the body cam video or other investigation information
of urgent public interest, the IIT commander should honor the request
with the agreement of the prosecutor of jurisdiction.
(2) Transparency.
(a) Transparency is the critical element of procedural justice that
allows community members to assess whether the process of the
investigation is conducted in a trustworthy manner and complies with
the standards for the five listed principles.
(b) Standards for the transparency of an independent investigation:
9
• The policies and operating procedures of the IIT will be
available to the public.
• The names of the members, supervisors, commanders, and non-law
enforcement community representatives on the IIT will be available to
the public.
• A minimum of two non-law enforcement community representatives
will be assigned to each IIT to:
a. Participate directly in the vetting, interviewing, and/or
selection of IIT investigators. (Existing teams will have
until January 2021 to provide necessary information about the
qualifications of current IIT investigators to the non-law
enforcement community representatives for review.)
b. Review conflict of interest statements submitted within 72
hours of the commencement of each investigation by the
investigators;
c. Be present at the briefings with the involved agency(s) chief
or sheriff;
d. Have access to the investigation file when it is completed;
e. Be provided a copy of all press releases and communication to
the media prior to release; and
f. Review notification of equipment use of the involved agency.
10
- The non-law enforcement community representatives must sign a
binding confidentiality agreement at the beginning of each police use
of deadly force investigation that remains in effect until the
prosecutor of jurisdiction either declines to file charges or the
criminal case is concluded.
- If the confidentiality agreement is violated, the non-law
enforcement representative may be subject to prosecution under RCW
9A.76.020 (Obstructing a law enforcement officer) and chapter 10.97
RCW, Washington State Criminal Records Privacy Act. For the purpose of
this chapter, “criminal background information” is the same as
“criminal history information” as defined in RCW 10.97.030(4).
• The commander or other representative of the IIT will provide
public updates about the investigation at a minimum of once per week,
even if there is no new progress to report.
• When an independent investigation is complete the information
will be made available to the public in a manner consistent with
applicable state law.
(3) Communication.
(a) Communication is key to enhancing the public's perception of
police legitimacy and fairness. A lack of open communication leads to
suspicion and damages trust.
11
(b) Standards for communication during an independent investigation:
• A family member of the person against whom deadly force has
been used will be notified as soon as they can be located by either
the involved agency or the IIT, whichever is faster.
• A member of the IIT will be assigned as a family liaison within
the first twenty-four hours and keep the family, or a representative
of the family's choice, apprised of all significant developments in
the independent investigation and will give the family and the
involved agency advance notice of all scheduled press releases.
• Neither the involved agency nor the IIT will provide the media
with criminal background information of the person against whom deadly
force has been used, unless it is specifically requested, and release
of the information is required by the Public Records Act or other
applicable laws.
• If the person against whom deadly force is used is, or is
believed to be a member of a federally recognized tribe:
- The involved agency will notify the governor's office of Indian
affairs (GOIA) in accordance with RCW 10.114.021.
- A member of the IIT will be assigned as a tribal liaison within
the first twenty-four hours and keep the tribe (or a representative of
12
the tribe's choice) apprised of all significant developments of the
investigation.
(4) Credibility.
(a) In order for investigations to be viewed as credible it is
critical to demonstrate that the procedures followed are consistent,
known to the public, and rooted in best practices for homicide
investigations, with particular attention focused on those unique
areas of evidence relevant to the officer's decision-making process.
Equally important is the credibility of the investigators. Training, a
history of ethical behavior, and demonstrated impartiality are
critical to maintain confidence in the investigation.
(b) Standards for a credible independent investigative process:
• After life-saving first aid has been provided, members of the
involved agency and other first responders at the scene will:
- Secure the incident scene and maintain its integrity until the
IIT arrives.
• The perimeter must be clearly marked and protected.
• Evanescent evidence must be located and preserved, consistent
with best practices published annually by the criminal justice
training commission.
13
• The independent investigation will follow accepted best
practices for homicide investigations published and annually updated
by the WSCJTC.
• An involved agency conducting a timely internal administrative
investigation for compliance with department policy and procedures is
critical to maintaining public trust and is separate and distinct from
the independent investigation required by the LETCSA. To allow the
involved agency to move forward with the administrative investigation
in a timely fashion, the independent investigation required by LETCSA
must be conducted in a manner that does not inhibit the involved
agency from doing so. To accomplish this:
• The IIT commander must create and enforce firewalls, which is a
process to prevent information sharing between the IIT from the
involved agency, and train all team members to observe them to ensure
no member of the IIT receives any compelled statements of the involved
officer(s) or any investigative content that was informed by such
compelled statements.
• The firewall system and training must ensure that the involved
agency is affirmatively advised not to furnish "prohibited content" to
the IIT.
14
• If any member of the IIT receives prohibited information, the
investigator receiving the prohibited information must immediately
report it to their supervisor and the member must discontinue
participation in the investigation. The information will be removed
and/or isolated from the remaining investigation unless the prosecutor
of jurisdiction deems such action unnecessary.
(c) The standards for credible investigators include:
(i) Appointed Members.
The chiefs and sheriffs who sign a written agreement to support and
participate in the IIT shall appoint:
• The IIT leadership team, which may include an IIT commander,
assistant commander, or co-commander.
• At least two non-law enforcement community representatives who
have credibility with and ties to communities impacted by police use
of deadly force. The Chiefs and Sheriffs of each regional team shall
create a transparent process for soliciting names and creating a
roster of individuals willing to serve in this capacity. The IIT
community representatives must be chosen from this list by the
chief(s) and/or sheriff(s).
• All IIT leadership shall be commissioned peace officer(s), with
previous experience in criminal investigations.
15
• The IIT supervisors shall be recommended by their agency to the
IIT commander.
(ii) Selection Process for IIT Members.
The IIT leadership shall:
• Ensure all applicants meet all time, rank, and training
prerequisites described in chapter xxx WAC.
• Ensure that qualified applicants are interviewed by a panel,
which includes the non-law enforcement community representatives and
other members of the IIT selected by the IIT commander.
• All applicants shall be interviewed using criteria pertinent
for the position of an IIT investigator. The same questions should be
asked of each applicant.
• At the conclusion of the panel the IIT commander shall consider
the recommendations of the panel and select those best suited for the
needs of the IIT.
(iii) Requirements for IIT Investigators.
• Applicants for the position of investigator must be employed by
a member agency of the IIT.
• The applicant shall be a commissioned peace officer in the
state of Washington with previous experience as a detective or
16
investigator, or have special skills or experience necessary for the
team.
(iv) Periodic Appointment Review.
The chief or sheriff of a member agency, and the IIT commander
shall review the appointment of their IIT members who have served
three years for possible rotation or replacement.
(v) Training Requirements.
The credibility of an individual assigned to an IIT is grounded in two
elements: training and experience in criminal investigations. Since some
IIT members were chosen because of their experience in criminal
investigations, it is important to clearly define expectations for both
training and experience, and acknowledge the relationship between those two
elements.
IIT members who do not meet the training requirement are eligible
to participate on the IIT, but not in a lead position.
Civilian IIT members (i.e. Crime Scene Investigators, Evidence
Technicians, etc.) are not required to obtain the Qualified Lead
Investigator certificate, but the IIT leadership shall establish
reasonable non-commissioned training requirements through their IIT
protocol.
17
The CJTC will issue an "IIT Qualified Lead investigator
certificate" to ensure that those who are assigned to a lead
investigator role for an IIT meet the training requirements listed
below by the end of 2020.
To obtain an IIT Qualified Lead Investigator certificate,
candidates must:
• Provide proof of at least three years of uninterrupted
experience as a certified peace officer, crime scene investigator, or
related expertise in a discipline relevant to investigations.
• Provide proof of successful completion of the prescribed
training classes, (or appropriate equivalent experience), listed in
this chapter.
(A) Basic training classes:
• Basic homicide investigation;
• Interviewing and interrogation;
• LETCSA Violence De-escalation and Mental health training.
IIT Members who have two years or more of relevant, full-time criminal
investigative work experience may substitute their work experience for the
required Basic Training classes. County Sheriffs, Police Chiefs, and IIT
Commanders are encouraged to promote continuing education as a best
practice for all members assigned to the IIT.
18
(B) Advanced training classes.
A minimum of eight hours of training annually may include, but
is not limited to, the following criminal investigation topics:
• Advanced homicide investigation techniques;
• Advanced interviewing and interrogation;
• Officer-involved shooting investigation;
• In-custody death investigation;
• Excited delirium and positional asphyxia;
• Bloodstain pattern analysis;
• Crime scene photography/videography and
• Other related training, seminars, and conferences or
on-going training as offered by WSCJTC or other
training venues on an as available basis.
(C) In-service training.
• All IIT members shall receive priority registration to LETCSA
training, required homicide investigations training, and
recertification every three years.
• The IIT shall train as a unit at least annually.
(vi) Demonstrated History of Honorable Behavior.
Investigators assigned to an IIT are expected to have a work
history free of a sustained finding of serious misconduct and/or a
19
pattern of sustained complaints and a personal history free of
demonstrable bias or prejudice against community members that may be
impacted by the police use of deadly force.
Examples of disqualifying sustained misconduct and/or personal
history include, but are not limited to:
• Discrimination of any type, based on protected classes
identified under RCW 49.60.030(1).
• Theft, fraud, dishonesty, and abuse of authority including, but
not limited to: Theft, falsifying an official police record or making
a false statement, serious ACCESS (a centralized computer enforcement
service system) violations, obtaining or disclosing confidential
information, and excessive use of force.
• Dishonorable behavior including, but not limited to:
Harassment, bullying, aggressive or intimidating behavior, or threats
of violence, including domestic violence.
(vii) Conflicts of Interest.
Within 72-hours of the commencement of each investigation,
investigators and non-law enforcement community representatives, must
complete a "conflict of interest" assessment tool regarding any
connection to the officers being investigated. The assessment (created
by WSCJTC) will include questions about prior interactions or
20
relationships with officers being investigated, and will address
social conflict, work conflict, and bias. The conflict assessment will
be reviewed and discussed by the non-law enforcement community
representatives and the IIT commander. The conflict of interest
assessments for investigators and non-law enforcement community
representatives will be developed at the March 2020 summit and adopted
by the Commission at the June 2020 meeting.
[]