HomeMy WebLinkAboutResolutions - 2022-41 - Authorizing the Mayor to execute an Amended and Restated ILA between Chelan and Douglas Counties, and the Washington State Patrol for Special Investigations Unit, SIU - 8/2/2022City of East Wenatchee Resolution 2022-41 and Exhibit A 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. 2022-41
A Resolution of the City of East Wenatchee, Washington authorizing the
Mayor to execute an Amended and Restated Interlocal Agreement between
Chelan and Douglas Counties, The City of Wenatchee, City of East
Wenatchee, and the Washington State Patrol for Special Investigations Unit
(SIU) to investigate officer involved incidents.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille,
leer en voz alta, etc.), comuníquese con el secretario de la Ciudad en
alternateformat@eastwenatcheewa.gov, 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
Amended and Restated Interlocal Agreement between Chelan and
Douglas Counties, The City of Wenatchee, City of East Wenatchee, and
the Washington State Patrol for Special Investigations Unit (SIU) to
investigate officer involved incidents. 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.
AMENDED AND RESTATED INTERLOCAL AGREEMENT
FOR
SPECIAL INVESTIGATIONS UNIT (SIU)
TO INVESTIGATE OFFICER INVOLVED INCIDENTS
THIS AMENDED AND RESTATED Interlocal Agreement amends and restates
the INTERLOCAL AGREEMENT FOR SPECIAL INVESTIGATIONS UNIT (SIU)
TO INVESTIGATE OFFICER INVOLVED INCIDENTS, dated on or about
October,1, 2019:
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 and Douglas 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 independent investigations of
incidents involving law enforcement officers that results in death, substantial
bodily injury, or great bodily harm.
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 WAC 139-12-030 and 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 withdraw its participation in SIU by providing written notice of its
intent to terminate or withdraw from this Agreement to the chief law enforcement
officer for each party. A notice of withdrawal shall become effective upon the
latter of: a) ninety (90) days after service of the notice on the chief law
2022 Amended and Restated Interlocal Agreement for Special Investigations Unit (SIU)
Page 1 of 4
EXHIBIT A
enforcement officers for all parties; or b) at the conclusion of any SIU
investigation that is pending on the date of service of the notice specified by (a)
above. Upon service of a notice of withdrawal, no new investigations shall be
assigned to the withdrawing agency.
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
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 own 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 own 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, but, to the extent allowable
by law, only for the purpose and only to the extent necessary to fulfill its
indemnification obligations to the indemnified parties hereto. 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
expressly incorporated in this Agreement are specifically excluded. This
Agreement supersedes all prior negotiations, agreements and understandings with
respect thereto. The prior SIU agreement dated on or about October 1, 2019, and
2022 Amended and Restated Interlocal Agreement for Special Investigations Unit (SIU)
Page 2 of 4
EXHIBIT A
any and all other prior SIU agreements to which any party herein was a party, are
fully and comprehensively terminated upon execution and recording of this
agreement by all parties hereto. 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.
12. FILING WITH AUDITOR. This Agreement shall be filed with the Chelan
County Auditor.
13. CONTRACTS INVOLVING IMMIGRATION ENFORCEMENT. Under
Washington law, the Washington State Patrol and its personnel are generally
prohibited from enforcing federal immigration law. See RCW 10.93.160. Neither
WSP nor any of its employees may contract in any way to provide civil
immigration enforcement assistance. Consistent with RCW 10.93.160 and
Washington Executive Order 17-01, the Parties agree not to use or share any
information obtained from the WSP, its systems, or its personnel, with any third
parties to support or engage in civil immigration enforcement activities.
14. 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.
2022 Amended and Restated Interlocal Agreement for Special Investigations Unit (SIU)
Page 3 of 4
EXHIBIT A
East Wenatchee Police Department:
_____________________________ __________________________________
Rick Johnson, Chief of Police Jerrilea Crawford, Mayor
Date: ________________________ Date: ________________________
2022 Amended and Restated Interlocal Agreement for Special Investigations Unit (SIU)
Page 4 of 4
EXHIBIT A
North Central
Washington Special
Investigations Unit
Protocol
Member Agencies
Washington State Patrol Douglas County Sheriff’s Office
Wenatchee Police Department Chelan County Sheriff’s Office
East Wenatchee Police
Department
Revised June 14, 2022
TABLE OF CONTENTS
1. MISSION AND PURPOSE OF SIU ............................................................................................... 3
2. GOALS OF SIU .......................................................................................................................... 3
3. GOVERNANCE .......................................................................................................................... 4
4. CRIMINAL INVESTIGATIONS AND ADMINISTRATIVE REVIEW ................................................. 4
5. COSTS ....................................................................................................................................... 4
6. DEFINITIONS ............................................................................................................................ 4
7. UNIT MEMBERS ....................................................................................................................... 7
8. UNIT COMPOSITION ................................................................................................................ 8
9. APPOINTMENT/SELECTION OF UNIT MEMBERS ..................................................................... 9
10. CONFIDENTIALITY .................................................................................................................. 11
11. CONFLICT ASSESSMENT ......................................................................................................... 11
12. REMOVAL FROM THE UNIT ................................................................................................... 12
13. TRAINING ............................................................................................................................... 12
14. ACTIVATION ........................................................................................................................... 13
15. AUTHORITY ............................................................................................................................ 13
16. VENUE AGENCY RESPONSIBILITIES ........................................................................................ 13
17. TURNING OVER CONTROL OF THE CRIME SCENE TO SIU ...................................................... 14
18. SIU GUIDELINES ..................................................................................................................... 15
19. SEIZING AN OFFICER’S WEAPON ........................................................................................... 15
20. REMOVING OFFICERS FROM THE SCENE ............................................................................... 15
21. INTERVIEWING LAW ENFORCEMENT EMPLOYEES ................................................................ 15
22. INTOXICANT TESTING ............................................................................................................ 17
23. RELIEVING INVOLVED OFFICER OF DUTY AND RETURN TO DUTY ......................................... 17
24. PLANNED POLICE ACTION...................................................................................................... 17
25. RELEASE OF THE CRIME SCENE .............................................................................................. 17
26. AUTOPSY ................................................................................................................................ 18
27. RELEASE OF INFORMATION / PUBLIC INFORMATION OFFICER ............................................ 18
28. REFERRAL TO THE COUNTY PROSECUTOR ............................................................................ 18
29. EVIDENCE STORAGE .............................................................................................................. 19
30. CASE FILES .............................................................................................................................. 19
31. INCIDENT DEBRIEFING ........................................................................................................... 20
32. ORGANIZATIONAL CHART...................................................................................................... 21
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Revised June 14, 2022
1. MISSION AND PURPOSE OF SIU
The purpose of the North Central Washington Special Investigations Unit (NCWSIU) is to
conduct independent investigations of officer-involved incidents where the use of
deadly force by a peace officer results in death, substantial bodily harm, or great bodily
harm. A secondary purpose of the NCWSIU is to conduct independent investigations
regarding any in-custody death. The NCWSIU will provide services to all agencies who
are party to this agreement. The NCWSIU will reflect both law enforcement and
community need for independent, credible, and transparent investigations.
While NCWSIU does not investigate administrative concerns the Involved Agency may
have, it is recognized the criminal investigation results are of interest to the Venue and
Involved Agency for their internal use. Upon completion, the results of the NCWSIU
criminal investigation will be fully available to the Venue and Involved Agencies for that
purpose unless otherwise prohibited by law.
In accordance with RCW 10.114.011, the NCWSIU shall conduct an independent criminal
investigation absent the involved agency to determine the facts of what occurred. The
completed investigation results shall be forwarded to the prosecutor of jurisdiction for
review.
The NCWSIU independent investigations shall follow the rules of law established by the
state and federal constitutions and statutory and case law applicable to criminal
investigations.
As a secondary purpose, the NCWSIU may be activated at the mutual request and
agreement of partner member agency heads for major investigations where the scope
and complexity warrant a combination of local agency resources found within the
NCWSIU.
2. GOALS OF SIU
A. To perform independent investigations of officer-involved uses of force, which result
in great bodily harm or death.
B. To promote public trust by conducting investigations that adhere to the tenets of
independence, transparency, communication, and credibility.
C. To maximize the availability and sharing of the latest technological equipment and
techniques.
D. To consolidate and share the skills of the most experienced commanders,
supervisors, and investigators.
E. To conduct thorough investigations in a timely fashion.
Revised June 14, 2022
3. GOVERNANCE
The creation of the NCWSIU will be governed by an Inter-Local Agreement signed by the
Chief/Sheriff of participating law enforcement agencies. The operation of the NCWSIU
will be governed by this protocol and all applicable Federal, State, and Local laws, rules,
and regulations along with WAC 139-12-030 for Independent Investigation Criteria.
4. CRIMINAL INVESTIGATIONS AND ADMINISTRATIVE REVIEW
The involved agency shall be solely responsible for any administrative investigation
and/or review of officer-involved incidents. The NCWSIU independent investigation has
investigative priority over the administrative investigation and/or review. The
administrative investigation of the involved agency must remain separate from the
independent criminal investigation. No member of the involved agency may participate
in any way in the investigation of the police use of deadly force conducted by the
NCWSIU, except as allowed by WAC 139-12-030(1)(b). No information about the
ongoing independent investigation of the police use of deadly force will be shared with
any member of the involved agency. The Chief or Sheriff may request the Independent
Investigation Unit (IIT) to release the body camera video or other investigation
information of urgent public interest, the IIT commander should honor the request with
the agreement of the prosecutor of jurisdiction.
5. COSTS
The NCWSIU will not be responsible for handling claims or damage to private property
as a result of the Officer-Involved Incident or subsequent criminal investigation.
Responsibility for handling such claims shall fall upon the Involved Agency Chief/Sheriff.
6. DEFINITIONS
A. OFFICER-INVOLVED INCIDENT
Incidents in which the member of a participating agency is an Involved Officer, or the
victim of an action, that involves the use of deadly force. The incident may include but
is not necessarily limited to:
(1) Intentional and accidental shootings, including police tactical incidents
involving specialized response units.
(2) Intentional and accidental use of any other dangerous or deadly weapon.
(3) Assaults upon law enforcement officers, or assaults on other law
enforcement employees who are on duty or are acting in a law enforcement
capacity.
(4) Attempts by law enforcement employees to make arrests or to otherwise
gain physical control for a law enforcement purpose.
5
Revised June 14, 2022
(5) Any fatal injury or great bodily harm received while in police custody,
including custodial trauma or custodial suicide, but excluding fatal injuries of
prisoners which occur while the inmate is under a physician’s treatment for a
disease or other natural condition which has been diagnosed prior to death.
(6) Vehicular collisions, and specifically:
a. Including any vehicle fatality which occurs
i. After, although not necessarily as a result of, the use of deadly
force directed at the suspect or the suspect vehicle.
ii. In connection with the use of vehicle(s) by police as a “legal
intervention” technique intended to apprehend a suspect.
“Legal intervention” includes vehicle ramming, roadblocks, or
otherwise forcing a vehicle to alter its course by cutting in
front of it or by contact.
iii. As a result of a police pursuit.
b. Fatality or serious injury off-duty collisions involving off-duty sworn
officers at the request of the Member Agency when Venue Agency is
a SIU Member Agency.
B. POLICE EMPLOYEE
This protocol applies to employees and to certain other people affiliated with the
participating agencies, as follows:
(1) Full-time, part-time, and hourly sworn and unsworn employees, whether on-
duty or off-duty, who are actually, apparently, or purportedly acting for a law
enforcement purpose at the time of the incident.
(2) Reserve law enforcement officers who are on-duty or who are actually,
apparently, or purportedly acting for a law enforcement purpose at the time
of the incident.
(3) Temporary employees and volunteers, whether paid or unpaid, who are on-
duty or who are actually, apparently, or purportedly acting for a law
enforcement purpose at the time of the incident.
C. INVOLVED OFFICER
(1) The police employee who used deadly force.
(2) An officer who operated a motor vehicle while on-duty that was involved in a
fatality or serious injury collision and meets the criteria identified in Section 6
A (6), “Definitions.”
D. FATAL INJURY
(1) Injury resulting in death.
Revised June 14, 2022
E. 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.
F. SUBSTANTIAL BODILY HARM
As set forth in RCW 9A.04.110(4)(b), 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.
G. GREAT BODILY HARM
As defined by RCW 9A.04.110(4)(c), 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.
H. WITNESS OFFICER
An officer who witnesses the use of deadly force by the Involved Officer, and whose
action was not a use of deadly force in connection with an incident involving a fatal
injury or great bodily harm.
I. INVOLVED AGENCY
The agency that employs or supervises the officer(s) who used deadly force. There can
be more than one “involved agency.”
J. VENUE AGENCY
The Member Agency or Agencies within whose geographical jurisdiction the officer
involved incident occurs.
When an officer-involved incident occurs in part in two or more jurisdictions, each of
those jurisdictions is a Venue Agency.
K. MEMBER AGENCIES
Those agencies that have reviewed and agreed to the terms of the Inter-Local
Agreement that adopts this Protocol.
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Revised June 14, 2022
(1) Voting Member Agency: A Member Agency that has a representative
assigned to the SIU. These agencies will be allowed to vote (one vote per
agency) on matters related to SIU (i.e., proposed revisions to the SIU
Protocol),
(2) Non-Voting Member Agency: A Member Agency that does not have a
representative assigned to the SIU. These agencies may be allowed to
participate in SIU discussions, but will not be allowed to vote on matters
related to SIU.
7. UNIT MEMBERS
A. UNIT COMMANDER
The SIU Commander shall be from a Member Agency with the rank of Captain or
equivalent, appointed by the Chiefs and Sheriffs. The Unit Commander has the overall
responsibility to manage and coordinate assigned incidents as well as ensure the
readiness and training of the Unit. The Unit Commander will serve as liaison between
the Unit and the Chief/Sheriff of the Venue and/or Involved Agency. The Unit
Commander shall determine which SIU Members and other resources will be used to
investigate each incident. The Unit Commander will arrange for and coordinate all
training.
B. ASSISTANT COMMANDERS
The Assistant SIU Commanders shall be from a Member Agency with the rank of Captain
or equivalent, appointed by the Chiefs and Sheriffs. The Assistant Commander assumes
the Unit Commander’s duties and responsibilities in the absence of the Unit
Commander. The Unit Commander will assign the Assistant Commanders to keep all
unit records to include documenting training, assigned personnel, SIU call-out logs, unit
equipment inventory, and the financial transaction/records of the unit.
C. NON-LAW ENFORCEMENT COMMUNITY REPRESENTATIVE
A citizen who has credibility with and ties to the community impacted by the police use
of deadly force. They are responsible for reviewing conflict of interest statements filed
by investigators, review investigative files when completed, be provided copies of all
press releases and communication to the media prior to release and review notification
of equipment use of the involved agency. This position does not investigate or supervise
any team members. A person selected for this position must sign a confidentiality
agreement and pass a background investigation to the satisfaction of the Unit
Commander. The community representative for any incident shall complete their own
conflict of interest statement to be reviewed by the Unit Commander.
Revised June 14, 2022
D. PUBLIC INFORMATION OFFICER (PIO)
A Public Information Officer will be appointed by the Commander or his/her designee
for any investigation conducted by the SIU. The Public Information Officer will be the
primary point of contact for media during the investigation.
E. TEAM SUPERVISOR
Supervisors will hold the rank of Corporal or higher, and are appointed by the Team
Commander. Supervisors are responsible for the investigative response, including
investigative assignments, managing resources for the investigation, reviewing reports,
evaluating the progress of the investigation, and providing operational leadership.
F. LEAD INVESTIGATORS
Lead Investigators shall be from a Member Agency and possess a CJTC issued Lead
Investigator certificate. Lead Investigators will be appointed by the SIU Command staff.
Lead Investigators shall report directly to the SIU Commander or his/her designee.
G. INVESTIGATORS
Investigators must be employed by a member agency of the SIU. Shall be a
commissioned peace officer in the State of Washington with previous experience as a
detective or investigator, or have special skills or experience necessary for the team.
H. EVIDENCE TECHNICIAN
The Evidence Technician shall be from a Member Agency as determined by the SIU
Commander or his/her designee on a case-by-case basis. The Evidence Technician will
help with documenting evidence, collecting evidence, packaging evidence, transporting
evidence, data collection and other duties as assigned.
8. UNIT COMPOSITION
NCWSIU should be comprised of the below-listed members. It may not be necessary to
have all members activated to respond to an incident. The SIU Commander or his/her
designee shall determine which NCWSIU resources are needed for each incident.
A. SIU Commander
B. Assistant Unit Commander
C. Non-Law Enforcement Community Representative
D. Supervisors
E. Lead Investigator
F. Investigators
G. Evidence Technician (1 identified by each Member Agency)
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9. APPOINTMENT/SELECTION OF UNIT MEMBERS
A. SELECTED LEADERSHIP TEAM
(1) The Chiefs and Sheriffs shall appoint the SIU Commander, Assistant
Commander, or co-commander(s).
(2) All NCWSIU leadership shall be commissioned peace officer(s), with previous
experience in criminal investigations.
B. APPOINTED NON-LAW ENFORCEMENT COMMUNITY REPRESENTATIVES
(1) The Chiefs and Sheriffs shall appoint at least two non-law enforcement
community representatives in accordance with the procedure outlined in
this chapter.
a. PROCESS:
Non-Law Enforcement Community Representatives shall be selected through
the following process:
(1) The Chiefs and Sheriffs shall solicit applicants for the position of non-law
enforcement community representative via public announcement and
application.
(2) The SIU commander shall establish a roster of individuals willing to serve in
this capacity.
(3) The Chiefs, Sheriffs, and community members must choose the non-law
enforcement community representatives from this list.
(4) The SIU commander shall submit a roster to the Washington State Criminal
Justice Training Commission.
b. PREREQUISITES: NON-LAW ENFORCEMENT COMMUNITY REPRESENTATIVE
(1) Has credibility with and ties to communities impacted by police use of deadly
force.
C. SUPERVISORS
(1) SIU supervisors shall be recommended by their agency to the SIU
commander.
D. INVESTIGATORS
a. PROCESS: SIU Investigators shall be selected through the following process:
Revised June 14, 2022
(1) The SIU Commander or his/her designee shall make written notification to
the Member Agency’s Sheriffs and Police Chiefs soliciting personnel from
their respective agencies for assignment to SIU.
(2) The SIU Deputy Commander shall ensure all applicants meet prerequisites.
(3) The applicant shall be interviewed by a panel.
(4) The interview panel shall submit their recommendations to the SIU
commander.
(5) The SIU commander shall consider the recommendations of the panel and
the qualifications of the applicant.
(6) Qualified applicants best suited for the needs of the SIU shall be approved by
the NCWSIU command staff.
b. PREREQUISITES: INVESTIGATOR APPLICANT
(1) The applicant shall be a commissioned peace officer in the state of
Washington.
(2) The applicant shall have previous experience as a detective or investigator, or
have special skills or experience necessary for the SIU.
(3) The applicant’s agency must be a Member Agency of SIU
(4) The applicant must have the recommendation from their Chief/Sheriff or
their designee.
(5) The agency and applicant must be willing to make a 2-year commitment of
service to SIU (excludes promotion/exigent circumstances).
(6) The agency and applicant shall be willing to make a commitment of to a
minimum of 8 hours of required training each year.
(7) The applicant must be willing to be on call and reasonably available for call-
outs.
(8) The applicant shall meet the basic training requirements identified in the SIU
protocol.
c. INVESTIGATOR APPLICANT INTERVIEW PANEL
(1) The interview panel shall include the non-law enforcement community
representatives and other members of the IIT.
(2) Interview panel members shall be selected by the SIU commander.
(3) Interview criteria shall be pertinent for the position of an SIU investigator.
(4) The same questions should be asked of each applicant.
d. DISQUALIFICATION
(1) Investigators assigned to the SIU are expected to have a work history free of:
a. A sustained finding of serious misconduct.
b. A pattern of sustained complaints.
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c. A personal history free of demonstrable bias or prejudice against
community members that may be impacted by police use of deadly
force.
(2) Examples of disqualifying sustained misconduct and/or personal history
include, but are not limited to:
a. Discrimination of any type, based on protected classes identified
under RCW 49.60.030(1).
b. 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.
c. Dishonorable behavior including, but not limited to: Harassment,
bullying, aggressive or intimidating behavior, or threats of violence,
including domestic violence.
E. PERIODIC APPOINTMENT REVIEW
The Chief/Sheriffs shall review the appointment of their SIU Members who have served
three years for possible rotation or replacement.
10. CONFIDENTIALITY
Information obtained, related to on-going investigations, will generally be considered
confidential while the investigation is pending. Members shall not voluntarily share
confidential information with Non-members. The NCWSIU Commander or his/her
designee will facilitate limited briefings given to the involved agency’s Chief/Sheriff,
command staff, and Non-Law Enforcement Community Representative. Per WAC 139-
12-030 (1)(b) limited briefing will be about the progress of the investigation so that they
can manage the internal administrative investigation.
Once the investigation is complete, the investigation file will be subject to requests
under the Public Records Act. Refer to Section 33, “Release of Information/Public
Information Officer.” Once completed the Non-Law Enforcement Community
Representative will be provided access to the case file and their confidentiality
agreement will be considered terminated.
11. CONFLICT ASSESSMENT
Within 72 hours of activation, all NCWSIU investigators and non-law enforcement
community representatives must complete a "conflict of interest" assessment tool
regarding any connection to the officer(s) being investigated. The conflict assessment
will be reviewed and discussed by the non-law enforcement community representatives
and the NCWSIU commander.
Revised June 14, 2022
12. REMOVAL FROM THE UNIT
Members can be removed from the NCWSIU by their respective Chief/Sheriff or their
designee in accordance with the agency’s policies or practices. Due to rotation of
assignment, members may remain at request of their agency’s Chief/Sheriff, or they
may ask to be removed.
Any non-law enforcement representative or law enforcement officer found to have
violated the confidentiality agreement will be subject to immediate removal from the
NCWSIU.
13. TRAINING
NCWSIU Members should have received the basic training identified below prior to
appointment with NCWSIU. Some courses may be waived based upon the member’s
experience and/or on-the-job training, as determined by the NCWSIU Command Staff.
The advanced training, taken before and/or during their NCWSIU appointment, is
desirable and Member Agencies should make reasonable effort to provide the training.
A. BASIC TRAINING
(1) Basic Homicide Investigation
(2) Crime Scene Investigation
(3) Interviewing and Interrogation
B. ADVANCED TRAINING
(1) Advanced Homicide Investigation
(2) Advanced Interviewing and Interrogation
(3) Officer Involved Shooting Investigation
(4) Blood Spatter
(5) Crime Scene Laboratory Services
(6) DNA
(7) Crime Scene Photography
(8) In-Custody Death Investigations (Which may include Excited Delirium and
Positional Asphyxia)
(9) Computer/Cell Phone Analysis Investigations
(10) Other related training, seminars, and conferences or on-going training as
offered by WSCJTC or other training venues on an as available basis.
C. ANNUAL TRAINING
NCWSIU will maintain the minimum training qualifications set forth by WAC 139
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A. COMMUNITY REPRESENTATIVE TRAINING
Upon appointment, the NCWSIU unit commander shall ensure community
representatives receive orientation training that reviews relevant RCW’s and WAC’s,
discuss the lawful authority and responsibility of community representatives, review
the role of community representatives in an NCWSIU activation (to include
identifying not only what their role is, but also what their role is not), and discuss the
responsibility of NCWSIU in a criminal investigation, to include reviewing NCWSIU
Protocol and Guidelines. Community representatives should be familiarized with the
scientific work conducted by the Force Science Institute as it relates to the working
of the brain during critical events, the dynamics of eyewitness observations, and
sensory deprivation that may occur during critical events.
14. ACTIVATION
A. The Chief of Police/Sheriff, or their designee, should make the request for the
NCWSIU through their respective communications center.
B. The communications center shall contact the SIU Commander or his /her designee
per NCWSIU call-out instructions.
C. The NCWSIU Commander or his /her designee should call the Venue Agency
supervisor at the scene to obtain all available information.
D. The NCWSIU Commander or his /her designee shall determine what and how many
SIU resources are needed. Not all incidents may require activation of the entire
NCWSIU.
E. Call-out instructions for the NCWSIU shall be provided to communications centers
by the NCWSIU Commander or his /her designee.
15. AUTHORITY
Once the agreement has been made for the NCWSIU to investigate an incident, and
transfer of the scene has occurred, the NCWSIU Commander or his /her designee shall
have sole and exclusive authority concerning the criminal investigation of the incident.
16. VENUE AGENCY RESPONSIBILITIES
A. Involved Agency first responders should ensure that emergency life saving measures
are taken. Once the scene is rendered safe the involved agency will call SIU
immediately.
B. The Involved Agency should ensure proper crime scene protection. The primary
focus will shift to the protection and preservation of evanescent evidence in order to
maintain the integrity of the scene. This includes, but is not limited to, immediately
Revised June 14, 2022
securing the crime scene, controlling access into the crime scene, and recording the
names of individuals who have entered the crime scene. Written reports are
expected from those who enter a designated crime scene. This will maintain until
SIU has arrived and has the appropriate resources to relinquish control of the scene
to SIU.
C. If, prior to the arrival of the NCWSIU personnel, the person is transported to a
hospital with life-threatening or fatal injuries, the Involved Agency should provide an
officer to accompany that person in order to:
(1) preserve, safeguard and maintain the chain of custody for physical evidence.
(2) Maintain custody of the person if he/she has been arrested.
(3) Provide information to medical personnel about the incident that is relevant to
treatment.
D. If a law enforcement officer has been injured and transported to a hospital, the
agency in whose jurisdiction the hospital is located should be requested to assist
with security. The Involved Agency should be responsible for providing necessary
assistance to the officer’s family at the hospital.
E. The Involved Agency should provide a Supervisor or Incident Commander who is
available at the scene. That person should update SIU personnel upon their arrival at
the scene.
F. The Involved Agency should turn over to SIU in a timely manner all evidence that is
in their possession.
G. The Involved Agency should make all documents, reports, and information on the
incident available to the SIU in a timely manner.
H. Any specialized equipment belonging to the involved agency may not be used by SIU
unless there are; no other reasonable alternative exists, the equipment is critical to
carrying out the independent investigation, and the use is approved by the SIU
commander. If the equipment is going to be used the non-law enforcement
community representative must be notified why it is being used and the steps taken
to limit the role of the involved agency personnel.
17. TURNING OVER CONTROL OF THE CRIME SCENE TO SIU
The Venue Agency Supervisor or Incident Commander shall turn over control of the
crime scene to the NCWSIU Commander or his /her designee upon his/her arrival.
NCWSIU then becomes responsible for the crime scene and initiation of the criminal
investigation. The Venue Agency shall maintain perimeter control of the scene if
requested by the NCWSIU Commander.
A criminal act or investigation (i.e., robbery, burglary, search, or arrest warrant service)
may have preceded the Officer-Involved Incident. If so, the NCWSIU Commander or his
/her designee shall consult with the Venue Agency Incident Commander to determine
which agency should investigate that preceding event, to include pursuing criminal
charges related to that event. If so requested, NCWSIU shall assume responsibility for
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the criminal investigation of the preceding event. Otherwise, NCWSIU will limit its
criminal investigation to the Officer-Involved Incident.
18. SIU GUIDELINES
The NCWSIU is comprised of personnel from multiple agencies, whose specific
investigative roles may change from case to case. The NCWSIU recognizes it is important
to maintain consistency in the quality and type of investigation that is performed.
Therefore, the NCWSIU Commander or his /her designee will devise guidelines to be
used during NCWSIU investigations. NCWSIU members will follow the guidelines as a
part of their investigation.
19. SEIZING AN OFFICER’S WEAPON
If, upon arrival of NCWSIU personnel, an Involved Officer is still in the possession of a
firearm or other weapon that was used in the incident, the NCWSIU Commander or his
/her designee will coordinate obtaining that firearm or weapon with the Employer
Agency Supervisor or Incident Commander.
20. REMOVING OFFICERS FROM THE SCENE
If, upon arrival of SIU personnel, an Involved Officer or Witness Officer is still present at
the scene, the SIU Commander or his /her designee will coordinate with the Involved
Agency Supervisor or Incident Commander the removal of those officers from the scene.
To assure witness credibility these officers should, whether they are removed from the
scene prior to or after SIU arrival, be kept separate from each other until they are
contacted by an NCWSIU Investigator and are given the opportunity to provide a
statement. Witness Officers should be directed by their Involved Agency supervisor or
commander to not discuss details of the case with the Involved Officer or other Witness
Officers until SIU has completed their interviews with those officers.
21. INTERVIEWING LAW ENFORCEMENT EMPLOYEES
NCWSIU recognizes that each agency’s collective bargaining agreements (CBA) may
establish guidelines for interviewing the Involved Officer(s) and Witness Officer(s).
NCWSIU members will familiarize themselves with the Involved Agency’s CBA as it
pertains to this topic.
Any interview with the Involved Officer or Witness Officer not obtained upon the initial
NCWSIU response will be scheduled by the SIU Commander or his /her designee
through the Involved Agency within the guidelines of the employee’s CBA.
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SIU investigators do not have the authority to issue “Garrity” orders to Involved
Officers. This can only be done by the Involved Officer’s agency appointing authority or
designee.
With the Officer’s consent, formal interviews by SIU Members with the Involved Officer
and Witness Officer(s) will be recorded and transcribed.
Interviews with the Involved Officer
(1) SIU investigators will follow the involved officer’s CBA and or department
policies in regards to interviews. If the involved officer is not represented and or
covered by a CBA, the involved officer will be allowed enough time to consult
legal counsel if requested.
(2) Involved Officer interviews should be audio and video recorded.
(3) SIU investigators have the option of doing a walk-through of the scene with the
involved and or witness officers after the scene has been processed for evidence.
This also includes review of audio and video evidence relevant to the involved or
witness officer’s perspective. NCWSIU investigators will follow the guidelines
within the CBA and agency policy of the involved and witness officers.
(4) It is recognized the interview may take place one to several days after the
incident occurred.
(5) The Involved Officer should be allowed to provide a written statement prior to
the interview if they so desire.
(6) The Involved Officer has the same constitutional rights as any other citizen. The
officer has the right to have legal counsel present during the interview. The
officer should be provided reasonable time to consult with legal counsel prior to
the formal interview.
(7) As determined by legal standards, the Miranda Rights are generally required only
when a criminal suspect is in custody and is subjected to interrogation.
Consequently, an Involved Officer should only be advised of Miranda at the
beginning of an SIU interview if it meets this standard.
A. Interview with Witness Officer.
(1) Interviews with Witness Officer(s) will likely need to be arranged on the same
day that the incident occurred. Witness Officers will be interviewed separately.
(2) Involved Officer interviews should be audio and video recorded
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(3) SIU investigators will follow the witness officer’s CBA and or department policies
in regards to interviews. If the witness officer is not represented and or covered
by a CBA, the witness officer will be allowed enough time to consult legal
counsel if requested.
(4) Witness Officers(s) may, if appropriate, be asked to participate in a walk-through
of the scene with SIU investigators.
22. INTOXICANT TESTING
Law enforcement employees have the same rights and privileges that any civilian would
have regarding intoxicant testing. The involved officer’s CBA will also be reviewed prior
to any testing. If NCWSIU Members determine a law enforcement employee’s state of
sobriety is relevant to the criminal investigation, they may:
A. Obtain the blood and/or urine sample by valid consent
B. Apply for a search warrant to obtain samples
C. When applicable, utilize the provisions of the Motor Vehicle Code of state statues
for vehicle driver incidents.
23. RELIEVING INVOLVED OFFICER OF DUTY AND RETURN TO DUTY
NCWSIU will not be involved in relieving any Involved Officer or Witness Officer of their
duties. Any such action will be the responsibility of the Involved Agency.
24. PLANNED POLICE ACTION
If the Officer-Involved Incident is a result of a planned police action (i.e., search warrant
service, arrest warrant service, tactical operation), documents and materials associated
with the planning and execution of that action shall be turned over to NCWSIU. In
addition to obtaining and reviewing individual officer reports, personnel involved in the
action may be interviewed by NCWSIU. An incident debrief should not be conducted
until after the NCW lead investigator has provided notification that all interviews are
completed.
25. RELEASE OF THE CRIME SCENE
Only the NCWSIU Commander or his /her designee, in consultation with and approval
from the Venue Agency Prosecutor, may authorize release of the crime scene upon
completion of the criminal investigation. The SIU Commander or his /her designee shall
notify the Employer and Venue Agency Chief/Sheriff of the intent to release the scene
prior to actually being released.
Revised June 14, 2022
26. AUTOPSY
Autopsies will be coordinated and conducted through the Venue County Coroner’s
office as directed by the coroner. An NCWSIU investigator will be present during the
autopsy and take all appropriate investigative steps.
27. RELEASE OF INFORMATION / PUBLIC INFORMATION OFFICER
The SIU Commander or his /her designee will appoint an NCWSIU Public Information
Officer for each investigation. Venue Agency and Involved Agency representatives
should refrain from making statements to the media and refer all media requests to the
NCWSIU PIO. The NCWSIU PIO will consult with the NCWSIU Commander or his /her
designee, prior to official media releases to ensure information is accurate. Under no
circumstances should information be released that may compromise the NCWSIU
investigation unless required by law.
NCWSIU PIO or designee will provide public updates about the investigation at a
minimum of once per week, even if there is no new progress to report.
Requests for Release of Public Records of NCWSIU investigative reports should be made
through the Venue/ Involved Agency. However, individual agencies represented on the
NCWSIU will be required to follow applicable statutes for reports of their NCWSIU
members should a request for public records be filed with that agency. Release of any
reports or records will follow the policy or guideline of the respective agencies. The
NCWSIU Commander or his /her designee will be notified by the Venue Agency,
Employer Agency or any Unit Members that receive a records request related to the
incident while the investigation is pending.
Absent a specific request or a required release through the Public Records Act or other
applicable laws, the ITT team will not release criminal background information about the
person whom deadly force was used.
28. REFERRAL TO THE COUNTY PROSECUTOR
Upon completion of the investigation, the SIU Commander or his /her designee will
present the SIU investigative file to the Venue County Prosecutor for review
The Venue County Prosecutor shall also be available for consultation on search
warrants, special inquiry proceedings, special inquiry subpoenas, and issues regarding
statements by law enforcement officers with Garrity or other issues raised.
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29. EVIDENCE STORAGE
All evidence should be stored under the control of, and at the evidence storage facility
of the Lead Investigator Agency designated by the NCWSIU Commander or his /her
designee. Preferably, the NCWSIU Evidence Technician assigned to the team should be
from the same Lead Investigator agency where the evidence is to be stored. In the
event items relevant to the investigation are collected and/or stored by the involved
Agency, the SIU Evidence Technician shall work with the Involved Agency’s Evidence
Technician on details of inventorying and storage of evidence items.
The Lead Investigator Agency shall be responsible for storage and handling costs of
extraordinary items such as vehicles, HAZMAT, etc.
30. CASE FILES
All original reports, statements, and other documentation of the NCWSIU investigation
should be filed and maintained by the Lead Investigator Agency. Copies of those
reports, statements, and other documentation shall be submitted to the NCWSIU
Commander or his /her designee in a timely manner.
NCWSIU will file reports under the assigned Lead Investigator Agency case number. The
Lead Investigator Agency face sheet and original report will be completed by the
NCWSIU Lead Investigator.
All reports shall be printed and submitted to the NCWSIU Commander or his /her
designee for review upon completion. NCWSIU members shall file their reports on
standard supplemental report templates either in a Spillman format or another format
approved by the NCWSIU Command Staff. The NCWSIU Administrative Assistant
appointed to an NCWSIU investigation will manage NCWSIU workflow and monitor
report submission to ensure full consolidation and case file integrity. The NCWSIU
Administrative Assistant shall ensure all people listed on NCWSIU reports are correctly
entered into the Spillman database. Upon completion of the investigation, the NCWSIU
Commander or his /her designee shall ensure the completed report is provided to the
prosecuting attorney having jurisdiction over the incident. Reading and access
capabilities to the report will be restricted and locked until the criminal investigation
and administrative review is complete. It shall be unrestricted only with authorization
from the Venue and employer Agency Chief/Sheriff.
NCWSIU reports will be completed in a timely manner. The NCWSIU Commander or his
/her designee will coordinate where the original NCWSIU investigative file will be
stored. Upon completion of the investigation and after the case has been referred to
the Venue County prosecutor’s office, copies of the NCWSIU investigative file should be
made available to the Employer Agency Chief/Sheriff with the approval of the Venue
County Prosecutor.
Revised June 14, 2022
31. INCIDENT DEBRIEFING
An incident debriefing for NCWSIU members will be conducted as soon as practical after
each activation. The debriefing will be scheduled and conducted by the NCWSIU
Commander or his /her designee.
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32. ORGANIZATIONAL CHART