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HomeMy WebLinkAboutres1987-0521 2 3 INTRODUCED BY. earner 4 PROPOSED BY:- Sheriff 5 DATE: November 5, 1987 6 7 RESOLUTION NO. 37 -52 8 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT FOR A MULTI- - JURISDICTIONAL. 9 TASK FORCE TO CONTROL NARCOTICS 10 WHEREAS, the Whatcom County Council authorized that 11 the Whatcom County Sheriff to apply for a state grant to carry 12 out the above - referenced project; and, 13 14 WHEREAS, the Whatcom County Sheriff's Office was able 15 to secure a grant for said project; and, 16 17 WHEREAS, such an agreement will be for the mutual 18 advantage of not only the citizens of Whatcom County but to the 19 citizen of all the participating jurisdictions; and, 20 21 WHEREAS, R.C.W. 39.34.030 requires official action by 22 the Whatcom County Council prior to entering into such an 23 agreement; 24 25 NOW, THEREFORE, BE.IT RESOLVED: 26 27 That for the mutual benefit of the citizens of Whatcom 28 County as well as the other participating agencies, the Whatcom - Resolution - 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 County Council does hereby authorize the Executive to excute the Interlocal Agreement for the Multi - Jurisdictional Task Force Narcotics Control Program. Upon termination of the grant funding for this program, all new positions added will also termi:nate,. DATED this 5th day of November 1987. ATTEST: ,z2�� &, CAROL EBERGSON Clerk of the Council APPROVED AS TO FORM: a amz* RANDALL WATTS Chief Civ Deputy Prosecuting Attorney - Resolution - 2. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON TOM BURTON, Chair NARCOTICS CONTROL PROGRAM MULTI - JURISDICTIONAL TASK FORCE INTERLOCAL AGREEMENT This interlocal agreement is made and entered into pursuant to the provisions of RCW 39.34, between Whatcom County, Skagit County, Island County, San Juan County and all included regional agencies. Whatcom County will be the applicant jurisdiction and the following agencies are signed as participating jurisdictions: 1. Island County Sheriff's Office 2. Coupeville Police Department 3. Langley Police Department 4. Oak Harbor Police Department 5. San Juan County Sheriff's Office 6. Skagit County Sheriff's Office 7. Anacortes Police Department 8. Burlington Police Department 9. Concrete Police Department 10. La Conner Police Department 11. Mount Vernon Police Department 12. Sedro Woolley Police Department: 13. Bellingham Police Department 14. Blaine Police Department 15. Everson Police Department 16. Ferndale Police Department 17. Lynden Police Department 18. Sumas Police Department PROBLEM STATEMENT The Participating Agencies have experienced a crime problem due to drug abuse, which has rapidly increased from the 1970's to the mid- 1980's. This increase stems not only from an increase in population in all areas and in changing drug abuse trends, but also from the lack of resources to maximize drug enforcement efforts. A significant number of major crimes, such as residential and commercial burglary, robbery and assault are committed by drug abusers. This experience is consistent with national trends that reveal a truly staggering number of crimes committed by drug users. Enforcement efforts directed at reducing drug trafficking in the northwest region have, for the most part, been fought by law enforcement agencies working alone. There has been little coordinated and concentrated effort directed at drug offenders and offenses, despite the fact that drug traffickers and the crimes they generate do not respect jurisdictional boundaries of municipalities and counties. Significant drug arrests have occurred because of detailed investigations by existing investigative units; however, multi- agency task force operations have been proven more effective in large -scale investigations. An intensive and concentrated effort directed at such offenders can result in significant crime reductions far in excess of the results of additional manpower devoted to normal police patrol functions. NEEDS STATEMENT The criminal justice system must check and /or reduce the drug abuse and related problems within the northwest region by a coordinated and concentrated effort, initiating and conducting drug investigations at the highest level possible and enforcing the criminal provisions of the Uniformed Controlled Substances Act; RCW's 69.32, 69.40 and 69.50. PROJECT DESCRIPTION It is proposed that a Special Investigations Unit or Task Force be created within the Northwest Region effective on January 11 1988. The Task Force may be comprised of personnel assigned from federal law enforcement agencies, the Washington State Patrol, law enforcement agencies, within the participating counties, and the prosecutor's office. It is agreed that one full -time investigative person or more will be assigned from each of the following agencies: I. Bellingham Police Department 2. Oak Harbor Police Department 3. Skagit County Sheriff's Office 4. Whatcom County Sheriff's Office Each agency is expected to participate.for an initial period of one year, with renewal for a second year possible. CONTEMPLATED UNIT TASKS The Task Force's contemplated tasks are investigations centering around narcotics trafficking, attempting to impact the highest level dealer and wholesaler where possible. Where a determination of the specific priorities for these investigations must be made, the Executive Board will direct the Project Coordinator as to the unit's direction. UNIT OBJECTIVES This section identifies specific targeted measures to be obtained by the Task Force during the program year according to the priorities set forth by the grant. 1. Cocaine Trafficking and consumption, both high -level distributors and the street dealers. 2. Indoor marijuana grow operations. 2 3. Black Tar Iieroine, usually brought in by Hispanic migrant laborers. 4. Methamphetamine laboratory operations. Other goals of the unit in addition to those above will include, but not necessarily be limited to the following: 1. To disrupt drug organizations with the Northwest Region. 2. To gather and report intelligence data relating to illegal drug activities within the Northwest Region. 3. To make arrests that will impact the highest level dealers and wholesalers. 4. To effectively prosecute drug traffickers. 5. To promote law enforcement cooperation through multi - agency investigations. 6 To impact drug trafficking organizations previously impregnable. WITNESSETH WHEREAS, pursuant to the Anti -Drug Abuse Act of 1986, P L 99 -570, Subtitle K, The State and Local Law Enforcement Assistance Act, the U. S. Department of Justice, Bureau of Justice Administration has appropriated monies to the state of Washington to fund a coordinated statewide Narcotics Control Program; and WHEREAS, the Washington State Department of Community Development, hereinafter referred to as DCD has been designated to administer the Narcotics Control Program for the state of Washington; and WHEREAS, eligible applicants include cities, counties, and Indian tribes; and WHEREAS, DCD is soliciting applications from consortia of eligible applicants for the purpose of funding regional, multi - jurisdictional drug law enforcement task force projects to reduce drug trafficking and consumption in the state of Washington; and WHEREAS, DCD desires to enter into a contract with one participating jurisdiction, hereinafter referred to as the applicant jurisdiction, to administer the task force project on behalf of the participating jurisdictions; and WHEREAS, the participating jurisdictions desire to enter into an agreement to enable the applicant jurisdiction to be the 3 receiver of any grant, to administer the grant, and to be responsible for its terms and the task force project on behalf of the participating jurisdictions; NOW, THEREFORE, the participating jurisdictions do hereby agree as follows: SECTION 1 - PURPOSE The participating jurisdictions: 1.- Authorize their respective representatives to execute any and all necessary documents to obtain grant funds available pursuant to the State and Local Law Enforcement Assistance Act for the purpose of establishing a regional, multi - jurisdictional task force; 2. Authorize personnel from their respective jurisdictions to participate in the activities of the task force according to the work plan established in the application for grant funds, which is attached to and is part of this interlocal agreement; and 3. Authorize personnel from the law enforcement agencies of their respective jurisd:ict.ions to enter into operating agreements, such as those pursuant to RCW 10.93, to enable these agencies to participate in multi - jurisdictional task forces. SECTION 2 - DURATION This agreement shall commence on the day and year it is executed by the respective representatives and, in the event the grant application is funded by DCD, shall continue until such grant is terminated. SECTION 3 - FINANCING Respective participating jurisdictions in the aggregate agree to provide no less than 25 percent of the financial resources to support task force project activities according to the budget described in the application as attached. In addition, each respective jurisdiction assures that the financial resources provided by jurisdictions, as described in the application, do not supplant or replace currently appropriated resources. The Executive Board Chairperson shall be responsible for the accounting of Task Force expenditures. Jurisdictions entering the agreement will be required to execute a contract which will specify the degree to which they 4 will contribute to the matching funds requirement of the grant. Explicit in this agreement will be the manner in which contributions, both cash and in- kind, will be documented. All cash seizures will go to the county drug fund in which the seizure was made. Assets will stay with the Task Force in accordance with RCW 69.50.505, Seizures and Forfeitures.. In the event the unit is disbanded, such Task Force equipment derived from seizures will be distributed in proportion'to that agency's contribution toward match. However, if only one agency terminates, equipment derived from seizures will remain with the unit. See Section 6. A purchase of information and drug buy fund is contemplated for the unit. This fund will serve as the basis for enforcement work and will not be used for normal expenses. SECTION 4 - ADMINISTRATIO14 Whatcom County is the applicant jurisdiction. The applicant jurisdiction agrees to provide the necessary documentation to receive grant funds and ensure that the provisions of the application as attached, which is the basis for which any grant is awarded, are met. The, participating jurisdictions will arbitrate among themselves any dispute arising under this agreement. Any disagreements or disputes concerning property disposition, resources or any other problems that cannot be resolved between the agencies shall be put in writing by the complaining agency and forwarded to the Project Coordinator. The Project Coordinator will contact the other agency in the dispute and allow that agency to offer a written rebuttal. Upon receiving both written documents of dispute, the Project Coordinator shall submit them to the Executive Board at their next monthly meeting for arbitration. The Executive Board will issue a ruling in writing to both agencies as to their decision which will be binding to both agencies. SECTION 5 - BOARD OF DIRECTORS AND STRUCTURE OR ORGANIZATION Overall governance of the unit's operations, including the setting of investigative priorities and general operating procedures, will be vested in an Executive Board, comprised of appropriate representatives from each county and jurisdiction within that county. Each member of the Executive Board shall have an equal vote in the conduct of its business. One member will be elected by the members as Chairperson and will remain in that capacity for one year. The chairperson shall be responsible for keeping parties to the interl.ocal agreement informed on all matters relating to the functions, expenditures, accomplishments and problems of the Task Force. If the Task Force continues in existence, a new election will occur each year. The Executive 5 Board will convene at least four times each year to review the unit's activities and policies. The Chairperson may call extra sessions as necessary. When the board votes on any matter a majority shall be required for passage. In emergency situations, the Chairperson may conduct a telephone poll of the Executive Board members to resolve an issue. Under the direction of the Executive Board, the Project Coordinator, Sheriff Larry Mount, shall act as principal liaison and facilitator between the Executive Board and the Task Force. The Project Coordinator shall be responsible for keeping the Executive Board informed on all matters relating to the function, expenditures, accomplishments, and the problems of the Task Force. All persons assigned to the Task Force shall work under the immediate supervision and direction of the Task Force Sergeant. All persons assigned to the Task Force shall adhere to the rules and regulations as set forth in the unit's policy and procedures manual., as well as their individual departmental rules, policies and procedures. For the purpose of i-ndemnification of participating jurisdictions against any losses, damages or liabilities arising out of the services and act.i.vit:i.es of the unit, the personnel so assigned by any jurisdiction shall be deemed to be continuing under the employment of that jurisdiction and its policing department, see Section 19. Each agency contributing manpower to the Task Force will continue that employee as an employee of the contributing agency and will be solely responsible for that employee. Any duly sworn peace officer, while assigned to duty with the unit as herein provided and working at the direction of the Executive Board, its Chairperson, -the Project Coordinator, and the Task Force Sergeant, shall have the same powers, duties, privileges, and immunities as are conferred upon him as a peace officer in his own jurisdiction. SECTION 6 - ACQUISITION AND USE OF EQUIPMENT In the event that any equipment is acquired with grant funds received from DCD, the participating jurisdictions agree to use the equipment only for specified program purposes during the life of the grant. After the grant period ends, the participating jurisdictions agree to use the equipment only for approved law enforcement purposes and to devise a process of disposition that meets federal requirements. The furniture purchased with the initial outlay of grant 0 SECTION 9 - INTELLIGENCE GATHERING AND COLLATION Each participating agency as well as the applicant agency will use the standardized "SUSPECT INFORMATION SHEET" and the "VEHICLE INFORMATION FORM" to gather intelligence to be used for targeting Task Force attention. The forms, and all other intelligence will be forwarded to the Task Force headquarters where it will be entered and filed for the use of all participating agencies. SECTION 10 - USE OF RESOURCES It is the intent of the Whatcom County Sheriff's Office and it's participating agencies that the Task Force be utilized to its fullest potential in combating the drug problem in the four county region. Operations of the Task Force shall be in full cooperation and coordination with the local jurisdictions in which the investigations are taking place. In all cases, the local agencies will be kept apprised of the status of the cases within their jurisdiction. In the event of a drug operation occurring within the Northwest region, the first law enforcement resources to be used after those of the Task Force, shall be those of the participating jurisdiction within whose area the operation is taking place. In the event that these additional resources are inadequate to control the situation, a request for mutual aid under this plan will be made' directly to an assisting agency by the primarily responsible agencies supervisor in conjunction with the Task Force supervisor. Such requests for assistance shall, if possible, specify the number of police officers and types of equipment required, and shall further specify where and to whom the equipment should be delivered. In all cases, the Task Force shall endeavor to work closely with the regional jurisdictions in whose areas the investigations are taking place in regards to the use of manpower and resources. SECTION 11 - RESOURCE LIST The parties to this agreement shall provide the names, addresses and phone numbers of its staff who have the authority to commit or request manpower and /or equipment to any mobilization effort. SECTION 12 - PRESS RELEASES All agencies participating in this mutual aid agreement will make all press releases through the primarily responsible agency, or jointly, if agencies have concurrent jurisdiction. In all operations involving the Task Force, the agency making the press monies shall be retained by the Applicant Agency after the term of the grant expires. It shall use the equipment only for approved law enforcement purposes and will dispose of it through a program that meets federal requirements. SECTION 7 - INTEGRATION This agreement contains all the terms and conditions agreed upon by the parties including necessary operational agreements between the law enforcement agencies of the respective jurisdictions, if any. No other understandinqs oral, or otherwise regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties. SECTION 8 - DEFINITIONS THE FOLLOWING TERMS SMALL HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT INDICATES OTHERWISE: a. "Assisting Agency" - Any or all other police agencies contacted for mutual aid by the primarily responsible agency. b. "Task Force" - The consortium of officers from the .regional agencies that are responsible for carrying out the terms of the grant and drug invesLigati_ons. C. "Mobilization" - To organize or put into readiness for active law enforcement services. d. "Mutual Aid" - Aid -or assistance in which two or more agencies agree to perform in common. . e. "Applicant Jurisdiction" - The primary agency, in this case; Whatcom County, who is responsible for administrating the DCD grant. f. "Participating Jurisdiction" - Agencies agreeing to participate in the grant with Whatcom County as an assisting agency. g. "Primarily Responsible Agency" - The law enforcement agency within whose local geographical jurisdiction a drug investigation is taking place. h. "Signatory Agency" - Agencies agreeing to aid the Task Force and who signed the mutual aid /interlocal agreement. i. "Northwest Region" - The geographical area within the boundaries of Whatcom, Skagit, Island and San Juan Counties and all police and law enforcement jurisdictions within. 7 announcements shall make mention of the fact that the Regional Task Force assisted in the investigation or operation. SECTION 13 - ESTABLISHMENT OF A COMMAND POST In the event of drug operations, the primarily responsible agency shall have the responsibility of establishing a command post if needed. This will be done in conjunction with the Task Force Supervisor, and notifying all assisting agencies at the earliest possible time of its location. The primarily responsible agency shall establish a command post in such a manner as to provide an area suitable for the staging and directing of resources. SECTION 14 - ARREST POLICIES Arrest policies will be determined by mutual agreement of the agencies with the county of jurisdiction. SECTION 15 - TRANSPORTATION OF PRISONERS Transportation of prisoners to the local county jail will be coordinated by the supervising officer in charge of the incident. SECTION 16 - .REPLACEMENT OF SUPPLIES In the event of sudden callouts for assistance, the primarily responsible agency should be responsible for supplying and /or replacing supplies needed and /or used by officers from assisting jurisdictions, whenever possible. These supplies include food, gas for police vehicles or any other supplies that are reasonably needed to sustain the officers in enforcing the law. Each agency,will be responsible for any repairs and /or damages done to their own vehicles as a result of participation in mutual aid. SECTION 17 - SALARIES AND OVERTIME PAY The primarily responsible agency will not be responsible for salaries or overtime pay for officers from assisting agencies. Each agency shall only be responsible for the actions of its own employees and shall insure its own employees for false arrest, assault and battery, false imprisonment or detention, malicious prosecution, libel or slander, wrongful entry or eviction or other invasion of rights of private occupancy and /or wrongful death, bodily injury, property damage and comprehensive liability. These conditions will also apply to members of the Task Force provided by the participating agencies. It is further mutually agreed by the participating agencies that any control exerted by the Project Coordinator, and Task Force Sergeant shall 07 not supersede this clause. SECTION 18 - INSURANCE COVERAGE Each agency shall carry, for the duration of this agreement, general liability, property damage and false arrest insurance with the following minimums: GENERAL LIABILITY PROPERTY DAMAGE FALSE ARREST $1,000,000.00 $1,000,000.00 $ 500,000.00 This insurance policy shall have a ten (10) day cancellation notice in the event of termination or material modification of coverage. The agencies shall obtain certificates of insurance which are attached hereto as Exhibits 1 through 19. It is understood that Whatcom County and the City of Bellingham may self- insure or retain portions of the minimum insurance coverage. SECTION 19 - INJURY COVERAGE FOR OFFICERS Whenever any commissioned officer of a signatory agency, acting pursuant to this agreement, is injured and thus unable to perform his /her duties by reason of engaging in mutual aid, but is not at the time acting under the immediate direction of his /her employer, the officer or his /her dependents, shall be accorded by his /her employer the same benefits which he /she or they would have received had that officer been acting under the immediate direction of his /her employer in his /her own jurisdiction. SECTION 20 - COMMISSIONS Full time, paid, commissioned officers who are responding to any call for mutual aid shall be automatically commissioned by virtue of this agreement, through the commissioning authority of the primarily responsible agency and, therefore, shall be empowered to exercise the same police authority during the time of the mutual aid as though they were full time commissioned officers of the primarily responsible agency. This provision shall apply whether the mutual aid request is of: a. A formal nature between department heads; b. A less formal nature through agreement of Watch Commanders or Shift Supervisors; or C. When the officers of one jurisdiction cross jurisdiction boundaries to aid or assist the officers of another jurisdiction signatory to this agreement. 10 SECTION 21 - RESERVE OFFICER COMMISSIONS If signatory agencies have reserve officers or part -time officers, in addition to full time, paid commissioned officers, they shall normally be exempt from the automatic commissioning as outlined above in paragraph 20, except those reserve officers working under the immediate supervision of a full -time officer. Reserve or part -time officers may be extended automatic commissioning at the direction of the department head who requests mutual aid, PROVIDED HOWEVER, that such determination should be worked out in advance among the heads of the signatory agencies. SECTION 22 - MOBILIZATION' PLAN Each signatory agency should develop and maintain a current plan for the mobilization of its manpower and other resources in order to effectively provide mutual aid to the other signatory agencies. SECTION 23 - WITHDRAWAL FROM AGREEMENT Any signatory agency may withdraw from this agreement for any reason after sending written notice of its intentions to withdraw and when a period of thirty (30) days has elapsed or immediately upon written notification that said agency is unable to sustain the required funding. Said notification is to made by registered letter to the other signatory agencies at their normal business addresses. Withdrawal or non - execution of this agreement by any one agency shall not affect the continued efficacy of the agreement with regard to other signatory agencies. SECTION 24 - VENUE This agreement has been and shall be construed as having been made and delivered in the State of Washinqton, and it is mutually understood and agreed by each party hereto that this agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action in law, suit in equity or judicial proceedings for the enforcement of this agreement or any provisions thereof, shall be instituted and maintained only in courts of competent jurisdiction in Whatcom, Skagit, Island or San Juan Counties. SECTION 25 - MODIFICATION No changes or modification to this agreement shall be valid 11 or binding upon parties to this agreement unless such changes or modifications are in writing and executed by the parties. SECTION 26 - SEVERABILITY It is understood and agreed to by the parties hereto that if any part of this contract is illegal, the validity of the remaining provisions shall not be affected and the rights and obligations of the parties shall be construed as if the agreement did not contain the particular illegal part. If it should appear that any provisions herein is in conflict with any statutory provision of the State of Washington said provision shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be modified to conform to such statutory provisions. SECTION 27 - NON - DISCRIMINATION The signatory agencies shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The agencies shall take affirmative action to insure that applicants are considered for employment and treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and education activities. The agencies agree to post, in conspicuous places available to employees and applicants for employment, notices identical to those used setting forth the provisions of this non- discrimination clause. In all solicitations or advertisements for employees placed by them or on their behalf, the agencies shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. SECTION 28 - CONCLUSION Law enforcement agencies are faced with the responsibility of narcotics investigations with decreasing resources. Nationwide, multi- agency Task Forces have proven their ability to make significant impacts on crime. Such units are an extremely efficient use of law enforcement expenditures. The cost effectiveness of this unit for the Northwest Regions resources is enhanced by the participation of the county prosecutor's office, the State Patrol and federal enforcement authorities. This integrated law enforcement approach to narcotics investigations have been proven throughout the country as a positive approach to combating the increasing lawlessness that surrounds narcotics 12 within our society. SECTION 29-- NOTICES Any notice required or permitted to be given under this agreement shall be deemed sufficient if given in writing and sent by registered or certified mail. In the case of all participatory agencies, the addresses and administrators shall be as follows: 13