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HomeMy WebLinkAboutRes 1022 - Interlocal Agreement - King County Drug Enforcement Fund RESOLUTION NO. 1022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AN AGREEMENT BETWEEN THE CITY OF TUKWILA AND OTHER LAW ENFORCEMENT AGENCIES LOCATED WITHIN KING COUNTY REGULATING THE ADMINISTRATION AND USE OF THE KING COUNTY DRUG ENFORCEMENT FUND AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT ON BEHALF OF THE CITY. WHEREAS, the investigation of illegal drug trafficking often requires that law enforcement agencies use public funds for "flash money" or "buy money" in order to secure evidence necessary for a criminal conviction, WHEREAS, the Washington State legislature has enacted legislation empowering all Superior Courts to require the payment of contributions into an interlocal drug fund as a condition of sentencing for drug related convictions, and WHEREAS, the King County Council has established a fund to be known as the King County Drug Enforcement Fund into which all contributions ordered by the Superior Courts of King County in sentencing for drug related convictions shall be paid, and WHEREAS, King County has invited all law enforcement agencies in the County to participate in the management of this fund through an interlocal agreement and to utilize the fund as part of a coordinated drug enforcement effort, now, therefore THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. Approval of Agreement and Authorization for Signature. The City Council hereby approves that certain agreement entitled "Agreement Regulating the Administration and use of the King County Drug Enforcement Fund" attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full and the Mayor is authorized to execute the same on behalf of the City. PASSED BY THE /CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this 3a day of 1986. APPROVED: A L--U DOFFIE,dVMNCIL PRESIDENT ATTEST /AUTHENTICATED: P� LERK, MAXINE ANDERSON APPR TO FORM: OFFIHE CITY AT RNEY B f FILED WITH THE I4 C L BY THE C T.Y CO L: RESOLUTION NO. 10a ;7, AGREEMENT REGULATING THE ADMINISTRATION AND USE OF THE KING COUNTY DRUG ENFORCEMENT FUND. This is an agreement made among the law enforcement agencies located within King County, hereinafter referred to as "the Agencies whose representatives have signed below. WHEREAS, the Washington State Legislature has enacted legislation empowering all Superior Courts to require the payment of contributions into an interlocal drug fund in sentencing for drug related convictions; and WHEREAS, the Agencies wish to utilize the contributions which may be made available as a result of this legislation to facilitate enforcement of statutes and ordinances related to controlled substances; and WHEREAS, the King County Council has established a fund designated as the King County Drug Enforcement Fund (the "Fund has directed that all contributions ordered by the Superior Courts of King County in sentencing for drug related convictions be paid into this fund, and has authorized control of this fund to be regulated by a six member board (the "Board composed of five law enforcement officers from the Agencies and the King County Prosecuting Attorney or a deputy acting in an advisory and auditing capacity; and WHEREAS, the King County Prosecuting Attorney has pledged that his office will actively seek the ordering of contributions to the Fund from every defendant who is sentenced in a drug related conviction in the Superior Courts of King County, NOW, THEREFORE, pursuant to the Revised Code of Washington (RCW) 39.34.030, the Agencies hereby agree to the following: 1.) The Fund shall be administered by a board of five (5) law enforcement officers, plus the King County Prosecuting Attorney or deputy who will act in an advisory and auditing capacity. To ensure equitable representation of every agency participating in the Fund, the Board members shall be: a.) One board member appointed by agreement among or vote of a majority of the police chiefs of Algona, Auburn, Black Diamond, Des Moines, Enumclaw, Kent, Normandy Park, Pacific, Port of Seattle, Renton, and Tukwila; b.) One board member appointed by agreement among or vote of a majority of the police chiefs of Bellevue, Bothell, Carnation, Clyde Hill, Duvall, Issaquah, Kirkland, Lake Forest Park, Medina, Mercer Island, Redmond, Skykomish, Snoqualmie, and University of Washington; c.) One board member appointed by the Sheriff- Director of the King County Police Department; d.) One board member appointed by the Chief of the Seattle Police Department; e.) One board member appointed by the President of the King County Police Chiefs Association; and f.) The King County Prosecuting Attorney or a deputy serving in an advisory and auditing capacity. Board members shall serve at the will of the person or persons who appointed the member. There shall not be more than one board member from any agency. 2.) The King County Prosecuting Attorney shall develop and advise the Board of guidelines as to the amount of 2 contributions to the Fund that will be sought in various categories of drug- related cases. 3.) The Fund shall be utilized only to aid in significant narcotics investigations. Each agency that becomes a party to this agreement shall have access to the Fund. Funds requested by an agency shall be disbursed according to applicable law, King County ordinance 7796 and adopted policies and by -laws, as all may now exist or may hereafter be amended, following approval for the disbursement by any three law enforcement representatives on the Board. Standard request and accounting forms will be provided to ensure that the Fund is lawfully maintained as authorized by the King County Council and to facilitate auditing. Written by -laws of the Board and goals and objectives and priorities of the Fund shall be developed and adopted by the Board members in consultation with representatives of each agency and presented to the King County Executive for review. By -laws shall provide for return to the Fund of monies not actually expended by a receiving agency. 4.) The Fund shall acquire no funds other than contributions ordered as a condition of probation or suspended sentences or as part of a sentence in King County Superior Courts and income earned by the Fund. The Fund will not affect the seizure and forfeiture of assets by each individual agency. The Fund will not affect any contributions ordered as a condition of probation or suspended sentences in any district or municipal courts located in King County. 5.) Each Agency which is a party to this agreement agrees to cooperate in good faith in the use of the Fund. Any disputes which cannot be resolved by the law enforcement 3 representatives on the Board shall be referred by those members to the King County Prosecuting Attorney for final and binding resolution. 6.) Each Agency which is a party to this agreement hereby agrees to accept liability for any act, error, or omission of its own employees, arising out of or connected with this agreement and to indemnify and hold the other agencies and their employees and agents harmless from any such liability, claim or cause of action arising from or connected with the performance of the agency's officers or employees under this agreement. 7.) This agreement is to be effective April 15, 1986, or as soon as four agencies have executed it, whichever occurs later. Any party may terminate its participation in the Fund under this agreement by giving sixty days written notice of its termination to the other parties hereto. Prior to termination, an agency must return to the Fund all monies disbursed to the agency which have not actually been expended. If no more than one Agency remains as a party to this agreement after its effective date, then this Agreement shall terminate and all monies in the Fund shall remain part of that Fund, subject only to the control of King County. All parties, through their authorized agents, having read and understood the above agreement, and intending to be bound by it, the authorized agents of each agency have signed below on the date they have noted. City of Algona Approval Recommended By: Algoma P a rtment By: c W. Date: Chief t,prp s y3 City of Auburn Approval Recommended By: Auburn eaepartment By: Date: Chief 4 City of Bellevue Approval Recommended B Bellevue artment By: /�{ir Date: Actiig ief City of Black Diamond Approval Recommended By: Black Dmoice geartment By Date: Chief r Z -/y_ rl.�, �C City of Bothell Approval Recommended B Both p e ll Po ce De n ��QQ��� By: p�M+t" Q 4� Date: Chief 1 S 86 �W, City of Carnation Approval Recommended B Carnation Police Depart ent B Date: Chi 3 -v Town of Clyde Hill Approval Recommended B Clyde 11 Police Department By: cam= Date: chief City of Des Moines Approval Recommended B Des Moi es ,olic e artment By: Date: thief City of Duvall Approval Recommended B Duva Poli t By: Date: Chief Ftoj,C. City of Enumclaw Approval Recommended B E la w Po ice part erg Date: Chie City of Issaquah Approval Recommended By Issaquah Police Department By: C7o..rr� jt,--to Date: Chief g( 5 City of Kent Approva;- Recommended By: Kent Pj1 ce Departm By: Date: King County Approval R ended By: King unty P lice Department By: 1/ Date: City of Kirkland Approval Recommended By: Kirklj�d Pol' ce p tme t Date: BI' Cl 7 Chief City of Lake'Forest Park Approval Recommended By: Lake Forest Park Police Department By: Date: Chief c•�/ 3- City of Medina Approval Recommended By: Medina ,Pgliceme By: Date: Chief City of Mercer Island Appr val Recommended By: Merc Isla ice Department By r P A Date: ief City of Normandy Park Approval Recommended By: Normandya Police De artment By: Date: Chief City of Pacific Approval Recommended By: Pacific oli e Department By: Date: Chief Port of Seattle Approval Recommended By: Port of Seattle Police Department By: Date: Chief CV 6 City of Redmond Approval Recommended By: Redmond ice Dep,�r�t►�n�� Y: Date: Chief City of Renton Approval Recommended By; Rent By Date: City of Seattle Approval Recommended By: SaY U Department Date: By Chief PA, Town of Skykomish Approval Recommended By Skykomis olice Departme t� By: W- Ba Date: Chief City of Snoqualmie Approval Recommended By Snoq Poli a Department By: Date: Chief City of Tukwila Approval Recommended B Tukwila o'ice D partm on BY: �'lll 7-F_ Date: of University of Washington Approval Recommended By University of Washington Pce Depart J B Date: 7