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HomeMy WebLinkAboutR-2025-160 Resolution authorizing a Memorandum of Understanding with Jonathan M. Wainwright Memorial VA Medical Center Walla Walla and Yakima County Superior Court for the Yakima Valor Notification ProgramA RESOLUTION RESOLUTION NO. R-2025-160 authorizing a Memorandum of Understanding (MOU) between the City of Yakima, Jonathan M. Wainwright Memorial VA Medical Center and Yakima County Superior Court for the implementation of the "Yakima Valor Notification" program. WHEREAS, the Yakima Police Department wishes to partner with Jonathan M. Wainwright Memorial and Yakima County Superior Court to implement the Yakima Valor Notification program; and WHEREAS, the program goal is to improve the outcome of Veterans engaged in the criminal justice system that may benefit from a Veterans -Only Therapeutic Diversion Court; and, WHEREAS, the Yakima County Superior Court will divert validated Veterans into Therapeutic/Diversion Courts as appropriate; and WHEREAS, the Yakima Police Department will provide Veteran name to Jonathan M. Wainwright Memorial VAMC and Yakima County Superior Court for purposes of consideration into the program; and WHEREAS, the Jonathan M. Wainwright Memorial VA will validate a Veteran for the Yakima Valor Notification program based on available service records; and WHEREAS, the City Council has determined that approval of the interagency agreement is in the best interest of the residents of the City of Yakima, and that such approval will promote the general welfare of the residents, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a Memorandum of Understanding between the City of Yakima, Jonathan M. Wainwright Memorial VA and Yakima County Superior Court for Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 21st day of October, 2025. ATTEST: R•salinda Ibarra, City Clerk ricia Byers, Mayor 1 MEMORANDUM OF UNDERSTANDING BETWEEN JONATHAN M. WAINWRIGHT MEMORIAL VA MEDICAL CENTER WALLA WALLA, WASHINGTON 99362 AND YAKIMA COUNTY SUPERIOR COURT AND YAKIMA POLICE DEPARTMENT FOR YAKIMA VALOR NOTIFICATION PROGRAM 1. PURPOSE: The purpose of the Memorandum of Understanding (MOU) is to formalize a partnership between Jonathan M. Wainwright Memorial VA Medical Center (VAWW) and Yakima Superior Court for the purpose of creating and implementing a "Yakima Valor Notification" program. This agreement defines the parties' roles and confidentiality obligations. 2. SCOPE OF SERVICE: The Yakima County Superior Court, Yakima, Washington agrees to this agreement on the process of Yakima Valor Notification to improve the response for Veterans engaged in the criminal justice system that may benefit from a Veterans -Only Therapeutic Diversion Court, which has the goal of improving outcomes by reducing recidivism and systemic trauma though evidence -based practices designed for those who have served in the military. 3. FACILITY ROLES AND RESPONSIBILITIES: Yakima County Superior Court Roles and Responsibilities: Divert validated Veterans involved in the criminal justice system into Therapeutic/ Diversion Courts as appropriate based on screening criteria and legal discretion of the courts. Make professional referrals to service providers who engage with Veteran populations, with respect to law information sharing agreements and privacy laws. • Preserve records as required by law. Confidentiality Obligations: • Recognize that partners have different levels of confidentiality obligations in regard MEMORANDUM OF UNDERSTANDING FOR YAKIMA VALOR NOTIFICATION PROGRAM to victim/client/offender information and the sharing of that information. Preserve the anonymity of Veteran identities, including assurances that identifiable Veteran data is not released to third parties. When applicable, protect against unauthorized access to and/or disclosure of Veteran information or data, as outlined in the Health Insurance Portability and Accountability Act. • The partner has strict confidentiality obligations. Consent forms must be compliant with legal obligations and protections. The consent form must specify the records/information that may be disclosed, the purpose of disclosure, and state to whom the disclosures will be made. Pursuant to RCW 39.34.040 regarding methods of filing agreements pursuant to the Interlocal Cooperation Act, a copy of this Agreement shall be filed with the Yakima County Auditor, or, alternatively, listed by subject on the public agency's website or other electronically retrievable public source. Yakima Police Department Roles and Responsibilities: Law enforcement will make no attempt to verify Veteran status during their investigation, nor will they consider this information in deciding how to appropriately respond, investigation, or make custodial decisions. Law enforcement will provide the name of the alleged offender to the Jonathan M. Wainwright Memorial VAMC and Yakima County Superior Court for purposes of consideration into a planned Veterans Therapeutic Court Program. Persons contacted by law enforcement during criminal investigations will have the option to disclose Veteran's status. Law enforcement will not compel this information in any way. Confidentiality Obligations: • Recognize that other partners may have different levels of confidentiality in regard to Veteran information and not share Yakima Police Department information with other partners not named in the agreement. • Preserve the anonymity of Veteran identities, including assurances that identifiable Veteran data is not released to third parties. When applicable, protect against unauthorized access to and/or disclosure of Veteran information or data, as outlined in the Health Insurance Portability and Accountability Act. The partner has strict confidentiality obligations. Consent forms must be compliant MEMORANDUM OF UNDERSTANDING FOR YAKIMA VALOR NOTIFICATION PROGRAM with legal obligations and protections. The consent form must specify the records/information that may be disclosed, the purpose of disclosure, and state to whom the disclosures will be made. Jonathan M. Wainwright Memorial VA Medical Center Roles and Responsibilities: Inform the Yakima Police Department and Yakima County Superior Court when a person is a validated Veteran based on service records available to the Jonathan M. Wainwright Memorial VAMC, who are identified through the Valor Notification program. Confidentiality Obligations: • Recognize that other partners may have different levels of confidentiality in regard to Veteran information and not share Yakima Police Department information with other partners not named in the agreement. Honor Veteran privacy to the extent permitted by law. 4. PROFESSIONAL RESPONSIBILITY: • The exchange of information between the parties will be governed by the provisions of federal and state regulations governing confidentiality. Each member of this partnership agrees that information shared will remain confidential and may only be used for those purposes authorized by law and will ensure that any employee working on the "Valor Notification" program has been trained on the importance of confidentiality and terms of this Agreement. • The parties to this Agreement shall take reasonable security precautions and protections to ensure that persons not authorized to view protected information or data do not gain access to said information/data. • Releases of information should enhance services provided to the victims and not be used solely for the purpose of easing the program's administration. 5. TERMS OF AGREEMENT: The implementation of this agreement will be on July 1, 2024 through December 31, 2027. Responsibilities agreed to in this Agreement may not be assigned to another party without consent by the other partners and any party may withdraw from the partnership by providing 30 days written notice to the partners. By signing below, the signer 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. The signer also certifies that the legislative authority of his or her respective employer (the City Council) has approved the Agreement by Resolution. This is to comply with the Washington Interlocal Cooperation Act, RCW MEMORANDUM OF UNDERSTANDING FOR YAKIMA VALOR NOTIFICATION PROGRAM 39,34.030(2) which states in part: "(2) Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of this chapter..., Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force." Any liability on behalf of the Department of Veterans Affairs will be decided according to the provisions of the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 1402(b), 2401(b) 2671-2680 and workers compensation claims will be decided according to the Federal Employees Compensation Act (FECA) at 5 U.S.C. § 8102." Any provision of this Agreement that imposes an obligation that continues after termination or expiration of this Agreement shall survive the term or expiration of the Agreement and shall be binding on the parties to this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 6. SIGNATURES: This agreement is executed by the persons signing below, who warrant that they have the authority to execute this Agreement. APRIL HUGHES Digitally signed by APRIL HUGHES Dale; 202509.16 12:0615,07O0 April L. Hughes, MSHA-QA, BSN, RN Associate Director for Patient Care Services/Nurse Executive, VAWW SC©TT Digitally signed by SCOTT KELTER KELTER Da09.I36347 020009 Scott D. Kelter Medical Center Director, VAWW 04.8 9rmd an-:.huutx Hume -meta= �.e.t. t.=!= $4,mem+Cmm Caa.m is O.,T A,. Jessica Humphreys Yakima County Superior Court [Director Victoria Baker Yakima City Manager ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.A. For Meeting of: October 21, 2025 Resolution authorizing a Memorandum of Understanding with Jonathan M. Wainwright Memorial VA Medical Center Walla Walla and Yakima County Superior Court for the Yakima Valor Notification Program SUBMITTED BY: *Chad Janis, Yakima Police Captain SUMMARY EXPLANATION: This Memorandum of Understanding formalizes a partnership between the City of Yakima, Jonathan M. Wainwright Memorial VA Medical Center and the Yakima County Superior Court for the purpose of implementing the "Yakima Valor Notification" program for Veterans engaged in the criminal justice system that may benefit from a Veterans -Only Therapeutic Diversion Court, with the goal of improving outcomes by reducing recidivism and systemic trauma through evidence -based practices designed for those who have served in the military. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution R-2025-_MOU with Jonathan. M. Wainwright Memorial VA Medical and Yakima County Superior Court.docx MOU Yakima Valor Notification 2025