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Home My WebLink AboutResolutions - 2019-22 - Authorizing the Mayor to execute an Interlocal Agreement for Special Investigations Unit (SIU) to investigate officer-involved incidents. - 10/1/2019City of East Wenatchee Resolution 2019-22 Retain Resolution until no longer needed for City -business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2019-22 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement for Special Investigations Unit (SIU) to investigate officer-involved incidents. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the Mayor to execute an Interlocal Agreement that conforms to the language set forth in Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5. Publication. The City Council directs the City Clerk to publish a copy of the Interlocal Agreement on the City’s website once it is signed by all parties. INTERLOCAL AGREEMENT FOR SPECIAL INVESTIGATIONS UNIT (SIU) TO INVESTIGATE OFFICER INVOLVED INCIDENTS THIS INTERLOCAL AGREEMENT is effective upon the date executed by all parties and its recording with the Chelan County Auditor. In consideration of the mutual covenants below, the parties agree as follows: 1. PARTIES. The parties to this Agreement are Chelan, Douglas, and Okanogan counties, political subdivisions of the State of Washington, the municipalities of Wenatchee and East Wenatchee, and the Washington State Patrol, 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 (Inter- local 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. 4. FORMATION. There is hereby created a multi-jurisdictional team to be known as the “SPECIAL INVESTIGATIONS UNIT” (“SIU”), 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 31st, 2019. This Agreement shall automatically extend for consecutive one (1) year terms, unless terminated pursuant to the terms of this Agreement. 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 Voting Member Agencies as defined in the SIU Resolution 2019-22 Exhibit A Protocol. Upon such amendment, the amended SIU Protocol will be provided to each Sheriff and Chief and shall supersede any prior versions of the 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 the SIU officers will be in accordance with the SIU protocol. 8. REQUEST FOR 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 party agrees to defend, indemnify, and hold harmless the other parties from and against claims, damages, losses, and expenses, including attorney’s fees and legal costs and expenses, arising out of or resulting from its negligent or intentionally wrongful acts in the performance of this Agreement. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by the concurrent negligence of the parties, each party’s liability hereunder shall be limited to the extent of the damages caused by its negligence. The indemnification obligation of each party shall not be limited in any way by the application of the workmen’s compensation act, Title 51 RCW, and each party expressly waives the protection afforded by such law. The foregoing waiver has been mutually negotiated and agreed upon. 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 SIU, such party shall promptly notify all other parties in writing that said claim or lawsuit has been filed or commenced. 10. NO PRIOR AGREEMENTS. 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. This Agreement may only be amended by a written document duly executed by all parties; provided, the SIU Protocol may be amended as provided in paragraph 6 above. 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 undertaking, 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 Wenatchee Police Department or his or her designee shall be the Administrator of this Interlocal Agreement. Resolution 2019-22 Exhibit A 12. FILING WITH AUDITOR. This Agreement shall be filed with the Chelan County Auditor. 13. AUTHORIZED SIGNATORIES. By signing below, this 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. Resolution 2019-22 Exhibit A East Wenatchee Police Department: _____________________________ __________________________________ J. Randy Harrison, Chief of Police Steve Lacy, Mayor Date: ______________________________ Date: ______________________________ Resolution 2019-22 Exhibit A