HomeMy WebLinkAboutILA - 2016 Special Investigations Unit (SIU)INTERLOCAL AGREEMENT FOR
SPECIAL INVESTIGATIONS UNIT TO INVESTIGATE
OFFICER INVOLVED INCIDENTS
THIS INTERLOCAL AGREEMENT is effective upon the date
executed by all parties and its recording with the Benton County
Auditor In consideration of the mutual covenants below,the
parties agree as follows:
1.PARTIES.The parties to this Agreement are Benton,
Franklin and Walla Walla counties,political subdivisions of the
State of Washington,the municipalities of Kennewick,Richiand,
West Richiand,Presser,Pasco,Connell,Walla Walla,the
Washington State Patrol and the Washington State Department of
Fish and Wildlife,an agency of the State of Washington.
2.AUTHORITY.This Agreement is entered into pursuant to
Chapter 10.93 (washington Mutual Aid Peace Officers Powers Act)
and Chapter 39.34 (Interlocal Cooperation Act)of the Revised
Code of Washington.
3.PURPOSE.The parties hereto desire to establish a
Special Investigations Unit consisting of law enforcement
officers from the various local law enforcement agencies to help
facilitate orderly,thorough and objective investigations of
incidents involving law enforcement officers that result in
grievous or fatal injury to another person or to an officer
resulting from acts of another person.Any party may request
assistance from SIU considering the complexity of an
investigation that requires additional resources.
4.FORMATION.There is hereby created a multi-
jurisdictional team to be known as the USPECIAL INVESTIGATIONS
UNITH (SIU’1),the members of which shall be officers from some
or all of the parties hereto and who shall be selected and shall
operate in accordance with the Special Investigations Unit
Protocol,attached as Exhibit A and incorporated herein by
reference (“SIU Protocol”)
5.DURATION AND TERMINATION,The term of this Agreement
shall be through December 1,2018.This Agreement shall
automatically extend for consecutive one (1)year terms,unless
terminated pursuant to the terms of this Agreement.
1
A party may terminate this Agreement or,alternatively,
withdraw its participation in SIU by providing written notice to
the chief law enforcement officer for each party of its intent
to terminate or withdraw from this Agreement.A notice of
termination or withdrawal shall become effective upon the latter
of:a)ninety (90)days after service of the notice on the
chief law enforcement officers for all parties;or b)at the
conclusion of any SIU investigation that is pending on the date
specified by (a)above.
6 GOVERNANCE SIU shall be governed by the SIU Protocol
attached hereto and incorporated by reference The SIU Protocol
may be amended from time to time by written approval of the
Sheriffs and Chiefs for all parties to this Agreement.Upon
such amendment,the amended SIU Protocol will be provided to
each Sheriff and Chief and shall supercede any prior versions of
that document.
7.ASSIGNMENT OF OFFICERS.The parties agree to
cooperate with respect to the assigning of officers to the SIU
and that the appointment of SIU officers will be in accordance
with the SIU protocol.
8.REQUEST FOR SIU ASSISTANCE.As stated in the SIU
Protocol,departments are under no obligation to request the
assistance of SIU.If the assistance of the SIU is requested,
the SIU shall be activated and will operate pursuant to the SIU
Protocol.
9.ALLOCATION OF LIABILITY/INDEMNIFICATION.Each of the
parties agrees that any liability or claim for property damages
arising out of the actions or inactions of an officer that has
been appointed to the SIU and acting within the course and scope
of the officers duties as a member of the SIU shall be the
responsibility of the party that requests SIU assistance.Each
of the parties agrees that any other liability or claim arising
out of the actions or inactions of an officer that has been
appointed to the SIU and acting within the course and scope of
the off icers duties as a member of the SIU shall be the
responsibil’ty of the agency employing the SIU officer(s)whose
actions or inactions are in question These provisions are
intended to expressly allocate liablty by written agreement as
authorized by RCW 10.93.040.These provisions are not intended
to require indemnification or payment by any party of that
portion of any judgment against any members of the SIU team or
party hereto based on intentional wrongful conduct that is
outside the scope of employment of any members of the SILT or of
that portion of any judgment for punitlve damages against a SILT
team member or party to this Agreement Payment of punitive
damages,if any,shall be the sole responsibility of any
individual against whom said judgment is rendered unless his or
her employer elects to make said payment voluntarily.
In the event that a claim or lawsuit is brought against a
party or its employee(s)for actions arising out of their
conduct in the operation of the SILT,such party shall promptly
notify all other parties in writing that said claim or lawsuit
has been filed or commenced.
10.COMPLETE AGREEMENT.This Agreement and the exhibit
attached hereto contain the entire agreement of the parties with
respect to the subject matter of this Agreement.Any oral or
written representations or understandings not incorporated in
this Agreement are specifically excluded.This Agreement
supersedes all prior negotiations,agreements and understandings
with respect thereto including but not limited to the SILT
interlocal agreement executed by several of the parties in early
2011.This Agreement may only be amended by a written document
duly executed by all parties.
11.INTERLOCAL COOPERATION ACT PROVISIONS.No special
budget or funds are anticipated nor created to implement this
Agreement.It is not intended that a separate legal entity be
established to conduct this cooperative undertaking1 nor is the
acquiring,holding,or disposing of real or personal property
contemplated other than as specifically provided within the
terms of this Agreement.The Chief of Police for the City of
Richland or his or her designee shall be the Administrator of
this Interlocal Agreement.
12.FILING WITH AUDITOR.This Agreement shall be filed
with the Benton County Auditor,
13.AUTHORIZED SIGNATORIES.By signing below,the Signor
certifies that he or she has the authority to sign this
Agreement on behalf of the party,and the party agrees to the
terms of this Agreement.
3
IrtCDItt\jcn\r\+CDo1:1HCDi.ft0CDCD0CDCDw0tHt-10itnH0J1rtCDCDftIctCD“CDCDr-0CD0ti0CDCDw0rtQCD<CDicIrftCDCDftCDftftCDft
CuitcliitCuDirCcCurt0<“CD0fl0CDitititCDCliciDiitCDDiDiitHCrDiitCDIt;Di0ciUiDi0toCtCtCDInihiHHzø0hi0DrDl10DiitDiCtCDciDrciCDit0Miitci\CDI’4DiitC)H0hi1r10CDDLDiDiit0it0CDDcliCDLrDiIZitDliCDHHIDIitNitCDCliitcr5UDiitClititCDDiit-1”>
D
By H
6
EXHIBIT A
[SIU Protocol)
7
Date:Date:
Attest______
Approved as to foriii:
Heather Kintzley,y Attorney
CITY OF REST ZCHI1AND
Attest:
_________________
By:
Approved as to form:
Dan Hultgrenn,City Attorney
Attest:
By:____
WASHINGTON STATE PATROL
John R,Batis’e Chief of
Washington State Patrol
Date:
)‘ASRINGTON STATE DEPARTMENT OF
SE AND WThDLIFE
Chief S1 io
Date:
Ci of Wafla Walla
Scott B;eber,Chief of Police
Da 7/t(
Nabie Shawa,City Manager
Gerry,Mayor
Date:Il?/ZiiL
I 4
Att’st:
d&’flSia_)
By:{-\aI14t-c’ILid,Ct’-i Utik
Walla Wa County Sheriff’s
Office
iopfI A i er1,S,Jierifi
Attest:
By:
5
prov d as to onn:
1im D’dson,City Attoriey
6
XRIBZT A
tS1U Protocol]
7
Approved as to form:Approved as to form:
Heather Kintzley,City Attorney
CITY OF WEST RICHLAND
Dan Hultgrenn,City Attorney
CITY OF PROSSER
Ben Majetich,Chief of Police
Date:
David Giles,Chief of
Police
Date:
Brent Gerry,Mayor
Date:
________
Attest:
Dave Stockdaie,City Administrator
Date:
_______
Attest:
By:___________
WASH GTO E PATROL
John A atfe,Chief of
WASHINGTON S ATE DEPARTMENT OF
FISH AND WILDLIFE
Ghris Anderson,Chad
Date:
By:
Walla Walla County Sheriff’s
Office
John A Turner,Sheriff
Date:
James L Magic,
Prosecutor
Date
Walla Walia County
City of Walla Walla
Scott Bieber,Chief of Police
Date:
Nahiel Shawa,City Manacer
Date:
Attest:
_________
B ‘:
5