HomeMy WebLinkAboutPSC Agenda packet 3-23-17
Council Public Safety Committee
2nd Floor Conference Room
City Hall
March 23, 2017
3:00 p.m.
Members: Staff: Others:
Councilmember Mendez (chair) City Manager Cliff Moore
Councilmember Coffey Police Chief Dominic Rizzi
Councilmember D. Gutierrez Fire Chief Bob Stewart
Councilmember Lover (alternate) City Prosecutor Cynthia Martinez
Brad Coughenour
Scott Schafer
Agenda
1. Approval of February 23, 2017 minutes
2. New Business
2a. Yakima Valley Special Investigations Unit – Jeff Schneider
3. Old Business
3a. Welcoming City community conversation – Sarah Augustine, DRC
4. Other Business
5. Audience Participation
6. Information items
7. Recap of future agenda items
8. Adjournment
Council Public Safety Committee
February 23, 2017
MINUTES
Members: Staff:
Councilmember Carmen Mendez (chair) City Manager Cliff Moore
Councilmember Kathy Coffey Chief Dominic Rizzi, Police
Councilmember Dulce Gutierrez Chief Bob Stewart, Fire
Cynthia Martinez, Prosecutor
Terri Croft, Police
The meeting was called to order at 3:01 p.m.
Approval of minutes of January 26, 2017
It was MOVED by Gutierrez to approve the minutes of the January 26, 2017 meeting as
presented. Motion was SECONDED by Coffey. Motion PASSED unanimously.
New Business
There was no new business
Old Business
1. Domestic Violence Public Service Announcements
Beehler provided a report on when the domestic violence public service announcements
were aired and which PSAs were used. He advised that extra spots were able to be
procured due to partnerships that were utilized.
Coffey requested a copy of the campaigns used. She also asked that Beehler
coordinate with the Washington State Broadcasting Association on their PSA program
regarding domestic violence. She stated that she would like to see the PSAs start
before Thanksgiving and run through the holidays, and stressed the importance of airing
the PSAs during critical months and time.
Mendez provided a brief history of the topic for the audience
2. Domestic Violence Work Group
This item was tabled.
3. Welcoming City Resolution
Mendez provided a brief history of this topic and how it came to be discussed in the
Public Safety Committee.
Rizzi provided information regarding the policies of the Yakima Police Department in
regards to immigration status. The Yakima Police Department officers are
commissioned Washington State to enforce city and state laws. There is no agreement
in place with the Enforcement and Removal division Immigration and Customs
Enforcement. There are only 16 jurisdictions in the country that have such an
agreement.
Coffey thanked Chief Rizzi for his comments, and also thanked City Manager Moore for
his statement released on February 21. She clarified a statement she had made at an
earlier council meeting that she felt may have been misconstrued. She said her earlier
statement encouraging the audience to read Moore’s statement and to discontinue
coming to meetings to discuss further was intended to redirect the community’s energy
toward immigration reform and helping immigrants in the Yakima Valley and City of
Yakima. She understands that the process for legal immigration is long, complicated,
and expensive, and that there are only three immigration attorneys in Yakima. She
encouraged people to research the process and stated that she would be focusing her
efforts and energy on helping to improve this process.
Stewart advised that the Fire Department had no instances where they would have to
ask for immigration status.
Mendez then opened the meeting up to audience participation and limited comments to
two minutes per speaker.
The following community members spoke against becoming a Welcoming City: Larry
Apigian, City resident; Alyssa Chamberlain, City resident; Faith Torres, non-resident;
Charles Hutchinson, City resident; Gary Wirt, City resident; Dave Ettl, City resident; Bill
Duerr, City resident; John Larson, City resident; Rick Weiss, City resident; Luis Lopez,
City resident; Beverly Breitenfeldt, City resident; Mark Jones, City resident; Doug Miller,
non-resident; Les Heimgartner, City resident; Dennis Saltmarsh, City resident; Bob
Bieren, City resident; Daniel Scott, City resident.
The following community members spoke in support of becoming a Welcoming City:
David Alcontara, City resident; Diana Lopez-Bautista, City resident; Linda Brown, City
resident; David Morales, City resident; Sister Mary Ellen Robinson, non-resident; Joyce
Hernandez, City resident; Robert Strader, City resident; Norma Martinez, City resident;
Ed Pacheco, City resident; Molly Storrs, City resident; Connie Chronister, City resident;
Zulma S., non-resident; Merivet Lombera, City resident; Rogelio Montes, City resident.
Jennifer James, City resident, asked questions regarding sanctuary city status.
Kay Funk, City resident, spoke in favor of Hispanic residents but against the Welcoming
City resolution.
Phil Dindia, City resident, requested a citizen’s committee be formed to develop a
resolution.
Joey Anderson, City resident, spoke of protection for all citizens and against the
Welcoming City resolution.
Gutierrez reinforced that the City’s policies are to not inquire about immigration status.
She stated that only true sanctuary cities do not share information and databases, and
there is no discussion of Yakima becoming a sanctuary city. She defined the purpose
of the forum was to allow the community to discuss how this impacts our community
safety.
Coffey stated she appreciated the opinions of all who spoke, and feels privileged that
the Yakima community is so diverse and caring. She again urged the community to
support immigration reform and getting undocumented people citizenship. She will be
asking and encouraging the Council to take a legislative stance on the Bridge Act and
other immigration legislation. She feels this is a community discussion that needs to go
out into the community and it should be led by others than the Council. It was MOVED
by Coffey to send a recommendation to the full council to add immigration reform to the
Federal and State legislative priorities. Motion was SECONDED by Gutierrez. Motion
PASSED unanimously.
Mendez reiterated the need for a community discussion and advised the Dispute
Resolution Center was present to discuss how they could assist in facilitating that
discussion. She pointed out that the Council had approved the recreational production
and sale of marijuana, in violation of federal law.
Gutierrez asked Rizzi if the Police Department participated in the 287g Federal
program. Rizzi advised the 287g program allows law enforcement to access
immigration databases. There are stringent training, background, recertification, and
ICE supervision requirements. There are 37 agencies nationwide who participate in the
program and they are all jail operations. There are only 3 police department in the
program and they run the program through their department’s jail operations. There are
no Washington jurisdictions currently participating in the program. She asked how
frequently the jail population registration is shared, and Rizzi advised it is shared daily.
Gutierrez asked if Rizzi asserts that immigration enforcement is a Federal responsibility.
Rizzi advised it is, although there are municipalities that are more pro-active and
participate in the 287g program. Those municipalities are primarily in border states and
have significantly different circumstances. Rizzi also discussed the police department’s
policy and the RCW against racial profiling. Gutierrez asked if the Police Department
impartially enforces the laws. Rizzi replied that the Yakima Police Department treats all
community members will respect and highest regard for the sanctity of life.
Coffey asked if Rizzi was aware of the issues with the Spokane Valley policy regarding
Welcoming City. Rizzi was not aware of the specific issues, but understood that they
had come out as officially not a welcoming city. Rizzi discussed the city of Miami, who
declared they were not a sanctuary city but the Obama administration classified them as
a sanctuary city based on their actions despite their proclamation. Coffey stated that a
petition was distributed in Spokane Valley against the sanctuary city status and went to
ballot. The public voted to not be a sanctuary city. Coffey provided this story to
illustrate how at times it is best to leave things alone.
4. Dispute Resolution Center
Matt Fairbanks spoke about how the DRC could assist in fostering the community
conversation and a proposal had been drafted and submitted. Coffey stated she would
like to study the proposal and thought it looked interesting and positive. There was
discussion as to whether the proposal should go to the NCBC for review. Coffey
advised she would like the PSC members to meeting and discuss, then send to the full
council.
Adjournment
Meeting was adjourned at 5:00 p.m.
Approved:
Yakima Valley Special
Investigations Unit
YVSIU
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Table of Contents
SECTION 1. Statement of Purpose ........................................................................................... 3
SECTION 2. Member Agencies ................................................................................................. 4
SECTION 3. Definitions ............................................................................................................ 4
SECTION 4. Executive Board .................................................................................................... 4
SECTION 5. YVSIU Commander ............................................................................................... 5
SECTION 6. Operations Chief(s) ............................................................................................... 5
SECTION 7. Public Information Officer .................................................................................... 5
SECTION 8. Team Leader ......................................................................................................... 5
SECTION 9. Investigator .......................................................................................................... 5
SECTION 10. Training .............................................................................................................. 6
SECTION 11. Activation ........................................................................................................... 6
SECTION 12. Responsibilities .................................................................................................. 7
SECTION 13. Authority ............................................................................................................ 7
SECTION 14. Costs ................................................................................................................... 8
SECTION 15. Interlocal Cooperation Act Provisions ................................................................. 8
SECTION 16. Evidence ............................................................................................................. 8
SECTION 17. Case Files ............................................................................................................ 8
SECTION 18. Investigative Priority .......................................................................................... 8
SECTION 19. Investigative Goals ............................................................................................. 9
SECTION 20. Response by YVSIU ............................................................................................. 9
SECTION 21. Investigative Requirements ................................................................................ 9
SECTION 22. Vehicle Incidents ................................................................................................ 9
SECTION 23. Investigators’ Meeting ...................................................................................... 10
SECTION 24. Command Staff Briefing .................................................................................... 10
SECTION 25. Scene Security .................................................................................................. 10
SECTION 26. Physical Evidence Collection, Preservation, and Analysis .................................. 10
SECTION 27. Employee Rights ............................................................................................... 10
SECTION 28. Public Safety Statement ................................................................................... 10
SECTION 29. Report Writing .................................................................................................. 10
SECTION 30. Media Relations ............................................................................................... 11
SECTION 31. Sanctions/Removal of Member Agency ............................................................ 11
SECTION 32. Term of Agreement .......................................................................................... 11
SECTION 33. Termination ...................................................................................................... 12
SECTION 34. Status of Officers Assigned to YVSIU ................................................................. 12
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SECTION 35. Liability, Hold Harmless and Indemnification .................................................... 12
SECTION 36. Dispute Resolution ........................................................................................... 12
SECTION 37. Severability ...................................................................................................... 13
SECTION 38. Miscellaneous ................................................................................................... 13
SECTION 39. Municipal Authorizations and Approval By Legislative Authority ...................... 13
SECTION 40. Execution of Agreement ................................................................................... 13
SECTION 41. Filing ................................................................................................................. 13
SECTION 1. STATEMENT OF PURPOSE
The Mission and Purpose of the Yakima Valley Special Investigations Unit (“YVSIU”) is to
thoroughly investigate officer involved incidents which involve great bodily harm or death, in‐
custody deaths, or other high profile incidents where there may be an appearance of a conflict
of interest. The YVSIU will operate primarily within Yakima County or outside the county upon
the request of a Chief or Sheriff. The YVSIU will conduct a criminal investigation to develop
relevant information to allow a determination of the presence or absence of criminal culpability
on the part of those involved in the incident, specifically:
To determine whether the nature and the quality of the involved conduct is prohibited
by statutes which provide for criminal penalties upon conviction, and
If criminal conduct does exist, determine the identity of the person(s) responsible, and
If criminal conduct does exist, determine the degree of crime(s), and the existence of
any factual or legal defenses to that crime.
Once a case has been completed and submitted to the prosecutor, it shall be made available to
the Venue and Employer agencies for their internal use.
Criminal investigations shall follow the rules of law established by the State and federal
constitutions, statutory and case law which apply to criminal investigations. The investigation
shall be performed in a manner that provides both the appearance and the reality of a
thorough, fair, complete and professional investigation.
Our Goals: To provide quality investigative assistance to all participating law enforcement
agencies, especially those departments that may lack the resources to complete objective,
thorough and comprehensive investigation. Additionally, we endeavor to:
Promote public trust by conducting professional multi‐jurisdictional investigations of
major incidents, primarily law enforcement involved incidents which involve great
bodily harm or death.
Maximize the availability and sharing of the latest technological equipment and
techniques.
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Consolidate and utilize the skills of experienced investigators and supervisors.
Conduct quality investigations in a timely manner.
SECTION 2. MEMBER AGENCIES
Grandview Police Department
Selah Police Department
Sunnyside Police Department
Toppenish Police Department
Union Gap Police Department
Washington State Patrol
Yakima County Sheriff’s Office
Yakima Police Department
SECTION 3. DEFINITIONS
Employer Agency: The agency which employs the officer(s) who use lethal force, or which
employs the primary officer(s) involved in the incident.
Venue Agency: The agency having jurisdiction of the incident.
Member Agency: Signatories to the agreement who have personnel assigned to the YVSIU.
SECTION 4. EXECUTIVE BOARD
The Executive Board of the Yakima Valley Special Investigation Unit shall consist of the Sheriff
and Police/WSP Chief(s), or their designee, of each Member Agency. Representatives of the
Prosecutor’s Office and the Coroner’s Office will be invited to all Board meetings and their input
may be solicited. For voting purposes and for decision making for administrative purposes in
administering this agreement, it will be the majority rule of the Executive Board.
The Chairman of the Executive Board will rotate between the Yakima County Sheriff, designated
upper valley Police Chief and designated lower valley Police Chief every two years. The
Chairman of the Executive Board shall schedule a meeting of the Executive Board in January of
each year. The purpose of the meeting will be to receive a comprehensive report from the
YVSIU Commander concerning activities of the Unit over the past year, address issues
pertaining to the operation and support of the Unit, and address changes to the YVSIU protocol.
Special meetings may be called at any time by a member of the Executive Board. Special
meetings may also be requested by the YVSIU Commander.
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SECTION 5. YVSIU COMMANDER
The YVSIU Commanders will be the rank of lieutenant or higher. The YVSIU Commander shall
have the responsibility to develop a unit Standard Operating Procedure / Guidelines (SOP/G)
and manage and coordinate the readiness and training of the Unit. Candidates for the YVSIU
Commander position will be nominated by a member agency and selected by the Executive
Board. The YVSIU Commander will report to the Executive Board. The YVSIU Commander will
serve two years, but the term may be extended or terminated at the discretion of the Executive
Board. A Commander must have strong tact and leadership skills, with experience in criminal
investigations and strong working knowledge of the Incident Command System (ICS) to include
completion of ICS 300 and ICS 400 level training.
SECTION 6. OPERATIONS CHIEF(S)
The Operations Chief(s) will be a qualified senior supervisor with experience in criminal
investigations and knowledge of the ICS. The Operations Chief(s) will be nominated by a
member agency and selected by the YVSIU Executive Board. The Operations Chief(s) must have
strong leadership and organizational skills. The Operation Chief(s) should have a working
knowledge of the Incident Command System (ICS) to include completion of ICS 300 and ICS 400
level training and be prepared to assume command in the absence of the YVSIU Commander.
The Operations Chief(s) will assist the YVSIU in the development of the SOP/G, oversee
investigations and assign YVSIU resources as needed.
SECTION 7. PUBLIC INFORMATION OFFICER
The Public Information Officer(s) (“PIO(s)”)will be selected from a list of qualified personnel
who have attended the basic and advanced PIO training. They should have strong verbal and
written communications skills. The PIO(s) will be chosen by the YVSIU Executive Board.
SECTION 8. TEAM LEADER
A Team Leader will be an investigative supervisor. The Team Leader must have good leadership
and communication skills; as they will be leading a team of investigators from multiple
jurisdictions. The Team Leader(s) will be selected by the YVSIU Commander with the
permission of their agency’s chief executive or designee.
SECTION 9. INVESTIGATOR
Investigators will be experienced officers with a background in criminal investigations. They
must be adept at working with multiple agencies. The Investigators will be selected by the
YVSIU Commander with the permission of the investigators agency’s chief executive or
designee.
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SECTION 10. TRAINING
The member agencies will strive to ensure that the Team Leaders and Investigators assigned to
YVSIU have classes in the following core areas:
Criminal Investigations
Crime Scene Investigations
Basic Homicide Investigations
Interview and Interrogation
Officer Involved Shooting Investigations
In Custody Death Investigations
Criminal Jurisdiction in Indian County
Team Leaders and Investigators must have completed six of the seven core classes in order to
be considered for assignment to the YVSIU. Investigators must complete all the core classes
within two years of being assigned. In addition, member agencies are expected to provide their
investigators with advanced training courses. These courses may include advanced homicide
investigation, blood spatter analysis, crime scene photography/videography, and other classes
relevant to their assignment with the YVSIU.
SECTION 11. ACTIVATION
1. Automatic and Immediate: Upon the occurrence of an officer‐involved use of force
resulting in great bodily harm or death, or in‐custody death. The invocation of this
Protocol is automatically and immediately in effect, upon the request of the Venue
Agency.
A Chief of Police, Sheriff, or WSP Commander, or their designee, shall make the
request for the YVSIU to the Yakima County Sheriff’s Office Communication
Center.
Dispatch shall contact the YVSIU Commander through standard call‐out
procedures identified on the YVSIU phone tree or contact list.
The YVSIU Commander shall assign the Operations Chief and Team Leader. The
Operations Chief shall be responsible for determining how many investigators
will be needed during the initial response.
In cases of an officer‐involved fatality, the Team Leader shall not be from the
employing agency (excluding the WSP).
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2. Other Incidents: This Protocol may also be invoked for other significant incidents, as
approved by the YVSIU Commander.
3. Non‐Member Agencies: The request for investigative assistance in an officer‐involved
critical incident shall be made by the chief executive of the non‐member venue agency
to the YVSIU Commander. The YVSIU Commander will decide if the unit is to be
activated.
4. Invocation When Not Required:
Each member agency of this agreement may invoke this Protocol upon the
occurrence of any critical event involving a law enforcement employee which
may have possible criminal liability attached. Upon this invocation, the matter
will be investigated under the provisions of this Protocol. Member agencies may
elect to not participate in the investigation based upon their internal policies and
procedures.
In lieu of invoking this Protocol, the venue agency may investigate the matter by
itself or seek aid from other agencies outside of the Protocol’s requirements.
SECTION 12. RESPONSIBILITIES
The venue agency shall make the initial request to activate the YVSIU.
The venue agency shall provide a command‐level liaison.
Both the employer agency and venue agency shall make appropriate department
personnel available to the YVSIU.
The venue agency shall make available facilities and equipment as needed by the YVSIU.
SECTION 13. AUTHORITY
Once the YVSIU has agreed to investigate an incident as requested by the venue agency’s chief
executive, the YVSIU shall have sole and exclusive authority concerning the investigation of the
incident. The YVSIU Commander or designee will provide appropriate case updates to the
employer agency’s chief executive, or their designee, throughout the course of the
investigation.
Washington State Patrol policy directs that the WSP will investigate use of lethal force by its
personnel, and that the WSP will not attempt to prevent a concurrent investigation by other
agencies with jurisdiction. The YVSIU and the WSP may work jointly to criminally investigate
the incident if the involved officer is a WSP commissioned employee.
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SECTION 14. COSTS
Each member agency shall be responsible for their employees’ wages and associated personnel
costs. The venue agency shall be responsible for all reasonable investigative expenditures. The
venue agency shall be advised of all extraordinary costs associated with the investigation.
SECTION 15. INTERLOCAL COOPERATION ACT PROVISIONS
No special budget or funds are anticipated, nor shall be created. 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 intended other than may be
specifically provided within the terms of this Agreement. The section of this Agreement on
“Executive Board” indicates who are the Co‐Administrators of this Agreement.
SECTION 16. EVIDENCE
Evidence Storage: All evidence shall be stored under the control of the Yakima County
Sheriff’s Property Room or, in the event of a conflict, it shall be stored at a non‐
employer agency as designated by the YVSIU Commander. The YVSIU Commander shall
coordinate with the member agency’s chief executive or designee to ensure compliance
with that agency’s policies and procedures. The venue agency shall be responsible for
storage and handling costs of extraordinary items such as vehicles, HAZMAT, etc.
Evidence Retention: No evidence shall be released or destroyed without consent or
agreement of the other agencies involved in the investigation including the Yakima
County Prosecuting Attorney’s Office. Once the criminal prosecution is completed all
property owned by private citizens will be released in accordance with State Law and
the involved agency’s policies and procedures.
SECTION 17. CASE FILES
All original reports, statements and other documentation of venue agency employees
should be filed and maintained by the Venue Agency or the Yakima County Sheriff’s
Office. Copies of those reports, statements and other documentation shall be
submitted to the YVSIU Commander in a timely manner. Reports filed in Spillman will
be segregated.
Copies of all case files should be made available to the employer agency.
The complete investigation will be sent to the Yakima County Prosecuting Attorney’s
Office or the Prosecuting Attorney’s Office with jurisdiction.
SECTION 18. INVESTIGATIVE PRIORITY
The Criminal Investigation has investigative priority over the Administrative Investigation and it
begins immediately after an incident has occurred.
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SECTION 19. INVESTIGATIVE GOALS
The goal of the investigation is to develop all available relevant information about the incident.
When the investigation is completed, including all forensic testing, toxicology report and
autopsy reports, the case will be submitted to the County Prosecutor. The County Prosecutor
will make a final determination on the presence or absence of criminal culpability on the part of
those involved in the incident.
In addition, the investigation may incidentally provide factual information to the employer
agency’s management for its internal use. While the Criminal Investigators do not direct their
investigative attention to administrative concerns, it is recognized that the Criminal
Investigation’s results are of proper interest to agency management for its internal use, and
those results are fully available for that purpose.
SECTION 20. RESPONSE BY YVSIU
Once the YVSIU activation has been authorized, the YVSIU Commander will direct resources to
the investigation. The initial YVSIU response will consist of the Operations Chief, Team Leader
and an adequate number of Investigators to handle the investigation. If additional resources
are needed as the investigation evolves, that will be at the discretion and direction of the
Operations Chief. When possible the Team Leader(s) should not be from the employer agency
(excluding the WSP).
SECTION 21. INVESTIGATIVE REQUIREMENTS
The investigation is required to follow the rules of law, which apply to all criminal proceedings;
these include constitutional, statutory and case law. Detectives will maintain the integrity of the
investigation by following the rules of evidence throughout the investigation.
The investigation will be performed in a manner that provides a thorough, fair, complete and
professional investigation, free of conflicts of interest.
SECTION 22. VEHICLE INCIDENTS
When requested, the YVSIU will investigate officer involved incidents when the use of a vehicle
is an intentional use of force by a police officer that causes great bodily harm or death. In these
investigations, the YVSIU will utilize experienced Collision Reconstructionists and appropriate
resources.
This section is not to imply that the YVSIU will be activated in a police involved collision causing
great bodily harm or death where the collision was not a result of an intentional use of force.
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SECTION 23. INVESTIGATORS’ MEETING
After the initial scene has been processed, the Team Leader may conduct a briefing with the
Investigators to determine what has been accomplished and what still needs to be
accomplished to complete the investigation. Attendees to this meeting will consist of the
Operations Chief, Team Leader and key Investigators involved in the investigation.
SECTION 24. COMMAND STAFF BRIEFING
The purpose of this briefing is to advise the Command Staff from the employer agency the
status of the incident and to determine what information is appropriate for the media releases.
In addition to the Command Staff from the employer agency, the attendees to this meeting
typically will consist of the YVSIU Commander, the Operations Chief, investigative Team Leader
and PIO.
SECTION 25. SCENE SECURITY
The venue agency will have the responsibility for immediately securing crime scene(s) within its
jurisdiction. This responsibility includes preservation of the integrity of the scene(s) and
its/their contents, controlling access to the scene(s), and the identification and separation of
witnesses. Use of allied agency resources may be necessary to accomplish this task.
SECTION 26. PHYSICAL EVIDENCE COLLECTION, PRESERVATION, AND ANALYSIS
Member agencies having the capability to assist YVSIU Investigators in the documentation of
the scene(s) and to assist in the collection, preservation, and analysis of physical evidence may
do so providing they possess the requisite training and experience.
Prior to final relinquishment of the scene, the Team Leader, crime scene Investigators/
professionals, and YVSIU Command Staff will confer to determine if the collection of evidence is
complete.
SECTION 27. EMPLOYEE RIGHTS
Law enforcement employees have the same rights and privileges regarding YVSIU interviews
that any other citizen would have, including the right to remain silent, the right to consult with
an attorney prior to an interview, and the right to have an attorney present during the
interview.
SECTION 28. PUBLIC SAFETY STATEMENT
Public Safety Statements should be taken with consideration of the Employer Agency’s policies,
procedures and documents.
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SECTION 29. REPORT WRITING
1. All individuals participating in the criminal investigation will write reports documenting
their participation.
2. The Investigators within each investigative team will allocate and divide among
themselves the responsibility for documenting interviews and observations.
3. Prompt completion and distribution of reports is essential. All involved agencies and
investigators will strive for report completion and distribution within 7 days of any
investigative activity. The Coroner’s report may be delayed beyond 30 days pending
results of some scientific tests.
SECTION 30. MEDIA RELATIONS
1. YVSIU: Once the YVSIU has initiated an investigation, all YVSIU media releases related to
the investigation shall be made by the YVSIU Public Information Officer (PIO) or other
official designee with the approval of the YVSIU Commander after consultation with the
employer agency chief executive or designee. The YVSIU may release information
typically on the day of the incident, an intermediate news release, and then a release
when the complete investigation is sent to the Prosecutor.
2. THE EMPLOYER AGENCY: The employer agency’s Public Information Officer (“PIO”), or
other official designee, will release information in coordination with YVSIU supervisors.
It shall be the responsibility of the employer agency to determine when the involved
officer’s name will be released to the public, pursuant to their policies and procedures.
SECTION 31. SANCTIONS/REMOVAL OF MEMBER AGENCY
Willful violations of the protocol agreement will be brought to the attention of the Executive
Board by the YVSIU Commander, Operations Chief or Team Leaders. The Executive Board, by
majority vote, may elect to immediately stop the investigation and turn the investigation over
to the venue agency. A member agency failing to abide by this agreement may also be removed
from the YVSIU by a majority vote of the Executive Board.
SECTION 32. TERM OF AGREEMENT
This Agreement shall become effective on the date it is executed by all signing parties, and shall
remain in full force and effect and is intended to be indefinite.
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SECTION 33. TERMINATION
A party may terminate this Agreement or, alternatively, withdraw its participation in the YVSIU
by providing written notice to the chief law enforcement officer for each member agency of its
intent to terminate or withdraw from this agreement. A notice of termination or withdrawal
shall become effective upon the latter of: a) 30 days after service of the notice on the chief law
enforcement officers for all member agencies; or b) at the conclusion of any YVSIU investigation
that is pending on the date of the written notice of intent to terminate or withdraw from this
Agreement.
SECTION 34. STATUS OF OFFICERS ASSIGNED TO YVSIU
Pursuant to RCW 10.93.050, each officer assigned to the YVSIU remains the employee of
the party who hired the officer, and is not an employee of any other member agency.
Member agencies shall not allow officers who have been disciplined for dishonesty, bias
or improper use of force subject to the provisions in Brady V. Maryland to be assigned
to the YVSIU.
SECTION 35. LIABILITY, HOLD HARMLESS AND INDEMNIFICATION
Pursuant to RCW 10.93.040, it is understood and agreed that each member agency, its
agents, employees, and insureds do not, by virtue of these Protocols, assume any
responsibility or liability for the actions of another agency’s officers.
Each party hereto shall be responsible and assume liability for its own wrongful or
negligent acts or omissions, or those of its officers to the fullest extent required by law,
and shall save, indemnify, defend and hold harmless all other parties from such liability.
In the case of negligence of more than one party to this Agreement, any damages shall
be in proportion to the percentage of negligence attributed to each party, and each
party shall have the right to contribution from the other party in proportion to the
percentage of negligence attributed to the other party. Nothing contained in this
section of this Agreement shall be construed to create a liability or a right of
indemnification in any third party. The provisions of this section shall survive the
termination or expiration of this Agreement.
SECTION 36. DISPUTE RESOLUTION
For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning
the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a
good faith attempt to resolve the dispute.
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SECTION 37. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
to this Agreement shall be held invalid, such invalidity shall not affect the other provisions of
this Agreement which can be given effect without the invalid provision, if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this
Agreement. To this end, the provisions of this Agreement are declared to be severable.
SECTION 38. MISCELLANEOUS
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.
SECTION 39. MUNICIPAL AUTHORIZATIONS AND APPROVAL BY LEGISLATIVE AUTHORITY
By signing below, the 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. The signor also
certifies that the legislative authority of his or her respective employer (the City Council for
cities or the County Commissioners for counties) has approved the Agreement by Resolution.
This is to comply with the Washington Interlocal Cooperation Act, RCW 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.”
SECTION 40. EXECUTION OF AGREEMENT
This Agreement may be signed in counterparts by the parties. If the Agreement is signed by the
parties in counterparts, it will be considered a fully executed Agreement.
SECTION 41. FILING
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.
THIS AGREEMENT is executed by the persons signing below, who warrant that they have the
authority to execute this Agreement.
14
YAKIMA POLICE DEPARTMENT
Chief Dominic Rizzi
Date:
Cliff Moore, City Manager
Date:
ATTEST:
______________________________
Sonya Claar Tee, City Clerk
City of Yakima Contract No. 2017‐____
Resolution No. R‐2017‐____
YAKIMA COUNTY SHERIFF’S OFFICE
Sheriff Brian Winter
Date:
Michael D. Leita, Chairman
J. Rand Elliott, Commissioner
Ron Anderson, Commissioner
Constituting the Board of County Commissioners
for Yakima County, Washington
Approved as to form for Yakima County:
Stefanie J. Weigand
Senior Deputy Prosecuting Attorney
ATTEST:
__________________________________
Tiera Girard, Clerk of the Board of County
Commissioners
UNION GAP POLICE DEPARTMENT
Gregory Cobb, Chief of Police
Date:
Arlene Fisher, City Manager
Date:
GRANDVIEW POLICE DEPARTMENT
Kal Fuller, Chief of Police
Date:
Cus Arteaga, City Manager
Date:
15
SELAH POLICE DEPARTMENT
Rich Hayes, Chief of Police
Date:
Don Wyman, City Administrator
Date:
SUNNYSIDE POLICE DEPARTMENT
Albert Escalera, Chief of Police
Date:
Donald Day, City Manager
Date:
TOPPENISH POLICE DEPARTMENT
Curt Ruggles, Chief of Police
Date:
Lance Hoyt, City Manager
Date:
WASHINGTON STATE PATROL
_
Print Name:_________________________
Title:______________________________
Date:
Dispute Resolution Center of Yakima and Kittitas Counties
Proposal to Yakima City Council, Public Safety Committee
Convene community conversations to gather input on Yakima City resolution regarding Sanctuary
City/Welcoming City status
The Dispute Resolution Center of Yakima and Kittitas Counties (DRC) has been in existence
serving the conflict resolution needs of area residents, businesses and agencies since 1993.
Primarily this work is in the areas of mediation, facilitation and training.
The DRC would like to propose a process to gather community input on an issue that has
inspired considerable passion and energy on the part of many city residents, that of the city
council passing a resolution on Yakima being a Sanctuary City/Welcoming City.
We envision using a small group conversation model where DRC facilitators would guide tables
of 6‐8 community residents in having conversation on the topic.
These table conversations would use a circle process which includes each participant reflecting
on 3‐4 questions and then sharing their perspective and thoughts. Each table would then
identify common themes and suggestions and record those to share with the assembled group.
During the sharing time a representative from each table would share those common themes.
The facilitated meetings (possibly, one per voting district) would give everyone equal voice to
share their perspective. There would not be a centralized focus for comments, the presence of
which may promote those with the most strident viewpoints dominating the input.
The Dispute Resolution Center would utilize DRC mediators and, potentially, other trained
facilitators in the community, to convene these meetings and guide the input process.
We envision the meetings being held in public settings in the evening in each of the seven City
of Yakima voting Districts over the course of three to four weeks. Participants at each of these
meetings would generate common themes and ideas.
A follow up city wide meeting would take place to integrate the input from the initial meetings
into one document to then share with the city council at a follow up meeting. This meeting
might also include a facilitated circle process (with circles of people smaller than 50 in each
group) so that everyone’s input on the final document could be gathered.
The final report would then be presented to the city council at one of their regularly scheduled
meetings.
The DRC is eager to assist in this manner if the city council determines it would be helpful. In order
for the DRC to undertake this effort, it would need to have funding to make it possible. The
anticipated costs for the DRC’s Facilitation Services are outlined below. Possible other costs are
noted as well.
Planning & report writing cost to conduct the meetings, $100 per hour. Capped at 8 hours.
Cost to facilitate each initial 2 hour meeting: $450 if fewer than 50 people, $550 if over 50
people. $225 for every hour longer than 2 hours if fewer than 50 people participate, $275
per hour if over 50 people. (Could reduce total cost by having fewer meetings, e.g. inviting
two districts’ residents to each meeting.) People would be welcome to come to any of the
meetings whose timing worked for them if they couldn’t attend the one in their area.
Attendance at more than one event by the same individuals would be discouraged.
Same hourly cost, depending on size of crowd, for synthesis meeting and meeting to present
results to the city council.
Sample DRC billing cost
3 initial meetings (2 hours long) with fewer than 50 people: $1,350
4 initial meetings (3 hours long) with more than 50 people: $3,300
1 synthesis meeting (3 hours long) with more than 50 people: $ 825
1 meeting (one hour long) to present to city council: $ 225
7 hours of planning and report writing: $ 700
Total cost for DRC’s work: $6,400
Other potential costs:
Facilities: Usage costs at meeting sites
Food: Snacks or simple meal for attendees
Advertising: Notice about meetings in traditional media outlets
We are willing to work with the Yakima City staff to request funding to underwrite this work from likely
interested organizations and funders.
City Council Training Opportunity
The Dispute Resolution Center of Yakima and Kittitas Counties regularly offers Communication and
Conflict Resolution Skills for the Workplace training in our two county service area. We also conduct
customized trainings for specific groups on topics they would find helpful.
With the level of public engagement around hot topics in our political sphere increasing, and the toll the
level of contention can take on Council members (and between them), a workshop incorporating some
of the skills we touch on during these workplace trainings may be of value. The cost per hour for 6‐10
people being trained would be $235 per hour. We would be happy to work with the council to design a
time limited training that would meet your needs.
Dispute Resolution Center of Yakima and Kittitas Counties
303 East D Street, Suite 4
Yakima, WA 98901
Sarah Augustine, Executive Director
(509) 453‐8949
www.drcyakima.org
info@drcyakima.org