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Home My WebLink About07/05/2022 06.F. Resolution authorizing a Memorandum of Understanding with the City of Yakima Police Department and the Washington State Patrol, the Yakima County Sheriff's Office and Police Departments for, Grandview, Granger, Mabton, Moxee, Selah, Sunny BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.F. For Meeting of: July 5, 2022 ITEM TITLE: Resolution authorizing a Memorandum of Understanding with the City of Yakima Police Department and the Washington State Patrol, the Yakima County Sheriff's Office and Police Departments for, Grandview, Granger, Mabton, Moxee, Selah, Sunnyside, Tieton, Toppenish, Union Gap, Wapato and Zillah to jointly cooperate through a Yakima County Mutual Law Enforcement Assistance Agreement SUBMITTED BY: Matt Murray, Chief of Police SUMMARY EXPLANATION: The Yakima County Mutual Law Enforcement Assistance agreement provides all commissioned officers of law enforcement agencies in Yakima County the ability to provide mutual aid assistance and to give authority to enforce any, or all of the traffic or criminal laws throughout all jurisdictions of Yakima County while rendering requested mutual aid. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type 0 6/30/2022 Corer Memo ❑ Yakima County LE MOU 6/24/2022 Contract 2 RESOLUTION NO. R-2022- A RESOLUTION authorizing a Memorandum of Understanding with the City of Yakima Police Department and the Washington State Patrol, the Yakima County Sheriff's Office and Police Departments for, Grandview, Granger, Mabton, Moxee, Selah, Sunnyside, Tieton, Toppenish, Union Gap, Wapato and Zillah to jointly cooperate through a Yakima County Mutual Law Enforcement Assistance Agreement WHEREAS, law enforcement agencies have the responsibility of protecting lives and property, and keeping the peace; and WHEREAS, multi-agency operations are encouraged and permitted by RCW 10.93, the Mutual Aid Peace Officers Powers Act, and RCW 39.34, Interlocal Cooperation Act; and WHEREAS, law enforcement support from a number of agencies through mutual law enforcement assistance; and WHEREAS, the Yakima Police Department, Washington State Patrol, Yakima County Sheriff's Office, Grandview Police Department, Granger Police Department, Mabton Police Department, Moxee Police Department, Selah Police Department, Sunnyside Police Department, Tieton Police Department, Toppenish Police Department, Union Gap Police Department, Wapato Police Department, and Zillah Police Department desire to coordinate on mutual aid assistance; and WHEREAS, it is the desire of various law enforcement agencies within Yakima County to have this agreement in place for the purpose of cooperative law enforcement within Yakima County; and WHEREAS, the City Council finds that it is in the City of Yakima's interest to partner with the Washington State Patrol, Yakima County Sheriff's Office, and the Police Departments of Grandview, Granger, Mabton, Moxee, Selah, Sunnyside, Tieton, Toppenish, Union Gap, Wapato and Zillah to establish a memorandum of understanding to provide each other with support for mutual law enforcement assistance; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Memorandum of Understanding between the Yakima Police Department, Washington State Patrol, Yakima County Sheriff's Office, Grandview Police Department, Granger Police Department, Mabton Police Department, Moxee Police Department, Selah Police Department, Sunnyside Police Department, Tieton Police Department, Toppenish Police Department, Union Gap Police Department, Wapato Police Department, and Zillah Police Department, for cooperation on mutual aid assistance is approved, and the City Manager and the Chief of Police of the Yakima Police Department are authorized and directed to sign the attached Interlocal Agreement for a Yakima County Mutual Law Enforcement Assistance Agreement between the City of Yakima Police Department and the other law enforcement agencies. ADOPTED BY THE CITY COUNCIL this 5'h day of July, 2022. ATTEST: Janice Deccio, Mayor Sonya Clear Tee, City Clerk 3 WSP Contract#K 17831 MEMORANDUM OF UNDERSTANDING YAKIMA COUNTY MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT WHEREAS, it is the desire of various law enforcement agencies within Yakima County to have this agreement in place for the purpose of cooperative law enforcement within Yakima County. WHEREAS, multi-agency participation in this agreement is possible by Chapter 10.93 RCW (Mutual Aid Peace Officer Powers Act)and Chapter 39.34 RCW(Interlocal Cooperation Act.) NOW THEREFORE,it is mutually agreed as follows; PURPOSE To give all commissioned officers of law enforcement agencies in Yakima County the ability to provide mutual aid assistance and to give authority to enforce any, or all, of the traffic or criminal laws throughout all jurisdictions of Yakima County while rendering requested mutual aid pursuant to the Police Powers Act: Police Officers Powers Act General Authority Peace Officer-Powers of,Circumstances. In addition to any other powers vested by law,a general authority Washington peace officer who possesses a certificate of basic law enforcement training or a certificate of equivalency or has been exempted from the requirement therefor by the Washington state criminal justice training commission may enforce the traffic or criminal laws of this state throughout the territorial bounds of this state,under the following enumerated circumstances: • Upon the prior written consent of the sheriff or chief of police in whose primary territorial jurisdiction the exercise of the powers occurs; • In response to an emergency involving an immediate threat to human life or property; • In response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of primary territorial jurisdiction or in response to the request of a peace officer with enforcement authority; • When the officer is transporting a prisoner; • When the officer is executing an arrest warrant or search warrant;or • When,the officer is in fresh pursuit,as defined in RCW 10.93.120. PARTICIPATING AGENCIES A list of agencies that have agreed to participate in this agreement(Participating Agencies)is attached to this Memorandum of Understanding (MOU) and is incorporated herein as Attachment 1. The list of Participating Agencies may be modified from time to time to add or delete agencies.Each Participating Agency shall maintain a current list of Participating Agencies on file,together with a copy of this MOU. DURATION This MOU shalt be in effect from January 1,2022,and shall expire on December 31,2027. MOU Yakima County Mutual Law Page 1 of 4 Enforcement Assistance Agreement 4 • FINANCING Each participating agency shall bear the financial responsibility for its own employees including but not Iimited to salary,benefits,and workers compensation insurances. Officers of participating agencies who make an arrest under this agreement may still book a prisoner into their normal booking facility as done in past practice pursuant to existing agreements between Yakima County law enforcement agencies and the Yakima County Department of Corrections. Any court costs associated with criminal or traffic citation/infraction filings as a result of this agreement shall be in accordance with existing agreements with the Yakima County District Court and past practice.Proper filing of citations/infractions by the arresting agency is required. ADMINISTRATION The Yakima County Sheriff and the Chiefs of Police for the participating agencies or their delegates shall administer this MOU. CONSENT For the purpose of mutual aid, each of the undersigned hereby consent to the full exercise of peace officers powers within their respective jurisdictions by any and all properly certificated general authority, specially commissioned or exempted peace officers from any of the participating agencies. This consent is not intended to reallocate,under RCW 10.93.040,the responsibility of the participating agencies for the acts or omissions of their officers. RCW 10.93.160 and WASHINGTON EXECUTIVE ORDER 17-01 Under Washington law, the Washington State Patrol ("WSP") 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. The purpose of this section is to make clear that the parties interpret this Memorandum of Agreement as consistent with the Washington law, including RCW 10.93.160, in that WSP and its personnel shall not engage in any acts proscribed by Washington law. Consistent with RCW 10.93.160 and Washington Executive Order 17-01, the parties to this Memorandum of Agreement 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. HOLD HARMLESS It is understood and agreed that this MOU is solely for the benefit of the parties hereto and gives no right to any other party.No joint venture or partnership is formed as a result of this MOU.Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions,or those of its officers,agents or employees to the fullest extent required by law,and agrees to save,indemnify, defend,or hold harmless from any such liability. In the case of negligence of more than one party to this MOU,any damages allowed shall be levied in proportion to the percentage of negligence attributed to each party,and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributed to the other party. TERMINATION Any party may terminate their respective participation in this MOU upon thirty (30) days' written notification to all participating agencies. If any parry's participation in this MOU is terminated, the terminating party shall be liable only for performance in accordance with the terms of this MOU for performance period to the termination. MOU Yakima County Mutual Law Page 2 of 4 Enforcement Assistance Agreement 5 IN WITNESS WHEREOF,the parties have executed this MOU For the Gr nd ' Police Department For the Toppenish Police Department /4—\ 07/3 b41....1.-2_ ,..__.. ( 21/IL' Signature Date Signature Date For th Granger Police Department For the Union Gap Police Department . _____-.0m--,-r __-•-<:Z ;' 5//7/,e- Si nature Date Signature Date For the Mabton Police Department For the Wapato Police Department r tz.JAL-ZS-7, ag._f-r-A - ) .,/44--- /A,;,, j 54,,,--2— Signature Date ignature Date For the Moxee Police Department For e Washington State Patrol r 5=13-Zt- • / A.. r Si a Date i_at re Da For the Selah Police Department For - Yakima County Sheriffs Office ( ,-1(022 i ► / b 1 71°- Signature Date Sire Date r ti v'de Police Department For the Yakima Police Department iliffir 5-tL-2ovL Si ature Date Signature Date For the Tieton Police Department For the Zillah Police Department S- a3 - L2 s- -ate 'gnat re Date Signature Date Mbt_- akima County Mutual Law Page 3 of 4 Enforcement Assistance Agreement 6 Attachment 1 Participating Agencies Yakima County Mutual Law Enforcement Assistance Agreement Grandview Police Department Granger Police Department Mabton Police Department Moxee Police Department Selah Police Department Sunnyside Police Department Tieton Police Department Toppenish Police Department Union Gap Police Department Wapato Police Department Washington State Patrol Yakima County Sheriffs Office Yakima Police Department Zillah Police Department MOU Yakima County Mutual Law Page 4 of 4 Enforcement Assistance Agreement