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HomeMy WebLinkAboutR-2002-061 City / County Narcotics Unit Operational AgreementRESOLUTION NO. R-2002-61 A RESOLUTION ratifying the Yakima City/County Narcotics Unit Operational Agreement of November 8th, 2000 between the Chief of the Yakima City Police Department, the Chief of the Union Gap City Police Department, the Yakima County Sheriff, and the Yakima County Prosecutor, and as ratified by the current Sheriff on September 13, 2001. WHEREAS, the Chief of the Yakima City Police Department, the Chief of the Union Gap City Police Department, the Yakima County Sheriff and the Yakima County Prosecuting Attorney, all in their official capacities and as members of the Yakima City/County Narcotics Unit Governing Board have entered into the CCNU Operational Agreement; and WHEREAS, this agreement was entered into pursuant to Chapter 10.93 RCW and the Yakima City/County Narcotics Unit Interlocal Agreement which was established in accordance with Chapter 39.34 RCW; and WHEREAS, the Operational Agreement establishes procedures for the governing Board and operating rules for the narcotics unit personnel; and WHEREAS, Chapter 39.34 RCW calls for ratification of the agreement by the City Council; and WHEREAS, the City Council finds that it would be in the best interest of the City to enter into this agreement, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby declares that the Yakima City/County Narcotics Unit Operational Agreement of November 8th, 2000 between the Chief of the Yakima City Police Department, the Chief of the Union Gap City Police Department, the Yakima County Sheriff and the Yakima County Prosecuting Attorney, and as ratified by the current Yakima County Sheriff on September 13th, 2001, is hereby ratified and approved. ADOPTED BY THE CITY COUNCIL this 21st day of May, 2002. ATTEST: j Gc.._ City Clerk YAKIMA COUNTY SHERIFF'S OFFICE KEN txwIN, sheriff P.O. BOX 1388. YAKIMA. WASHINGTON 98907 TELEPHONE (509) 574-2500 Tan Free 1.800412-0190 DATE: September 13, 200 i TO: Jeff Sullivan, Yakima County Prosecuting Attorney FROM: Ken Irwin, Sheriff RE: Yakima CCNU Operational Agreement As the current Sheriff of Yakima County I ratify and agree with the Yakima City/County Narcotics Unit Operational Agreement previously signed on November 8t, 2000. KI/mb 9—ick-oi Date SERVING YAKIMA COUNTY SINCE 1863 --• • • • . - • • •_ r YAKIMA CITY/COUNTY NARCOTICS UNIT OPERATIONAL AGREEMENT SECTION 1. PARTIES. This agreement is made by the Chief of the Yakima City Police Department, the Chief of the Union Gap City Police Department, the Yakima County Sheriff and the Yakima County Prosecuting Attorney, all in their official capacities and as members of the Yakima City/County Narcotics Unit Governing Board. This agreement supersedes that agreement by the same title dated October 22, 1991. SECTION 2. AUTHORITY. This agreement is entered into pursuant to Chapter 10.93 RCW and the Yakima City/County Narcotics Unit Interlocal agreement which was established in accordance with Chapter 39.34 RCW. SECTION 3. PURPOSE. The parties hereto in their collective role as the Governing Board of the multi -jurisdictional narcotics control program known as the Yakima City/County Narcotics Unit, desire to establish internal procedures for this governing Board and operating rules for Narcotics Unit personnel. SECTION 4. TERM. This Agreement shall take effect upon execution and remain in effect until modified by the above-mentioned parties or their Yakima City/County Narcotics Unit Operational Agreement - Page 1 lawful successors. SECTION 5. GOVERNING BOARD PROCEDURE. Each member of the Governing Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Governing Board. The presiding officer shall be elected by its members, together with such other officers as may be determined. There shall be at least four regularly scheduled meetings each year, and not less than -fifteen days written notice shall be given to each member prior to such meeting, PROVIDED the presiding officer or any two members of the Board may call special meetings as necessary, upon a minimum of 24 hours written notice to each member of the board, AND PROVIDED no meeting of the board shall be held in the absence of the Yakima County Prosecuting Attorney or other properly designated attorney of the Unit. SECTION 6. PERSONNEL. a. The Cities of Yakima and Union Gap, through their Police Departments, and the County, through its Sheriff's Department, shall assign such full-time investigators to work in the Unit as the Cities and County Drug Enforcement needs require and the respective departmental staff levels permit. Participating investigators shall be full-time, general authority law enforcement officers who have received basic certification from the Washington .,.., Yakima City/County Narcotics Unit Operational Agreement - Page 2 State Criminal Justice Training Commission, and meet any other standards established by their respective agencies or the Governing Board. b. The Office of the Yakima County Prosecutor shall be responsible for all criminal prosecutions, asset forfeitures, and nuisance abatement actions arising out of the investigative work of the Unit. c. A Unit Coordinator shall act as principal liaison and facilitator between the Governing Board and the members of the Unit. The Unit Coordinator shall be the commander of the. investigative division of the coordinating agency as designated from time to time by the Governing Board, or such other management level officer as the chief administrator of that agency may designate. The Unit Coordinator shall be responsible for directing the operations of the Unit, and for informing the Board on all matters relating to the function, expenditures, accomplishments• and problems of the Unit. The Unit Coordinator shall assist the Board in preparing budgets, rules, procedures, and regulations, and shall be responsible for maintaining all records of the Unit. d. There shall be one or more Unit Supervisors designated by the Unit Coordinator. Whenever there are sufficient personnel assigned to the Unit to justify more than one Unit Supervisor, such supervisory positions shall be divided equally between members of all participating agencies. The Unit Supervisor(s) shall be responsible for operational supervision of assigned personnel in Yakima City/County Narcotics Unit Operational Agreement - Page 3 ~- accordance with established rules and procedures, and shall assist the Unit Coordinator in preparing reports, budgets, rules and procedures. SECTION 7. UNIT OBJECTIVES. a. The primary objectives of the Unit shall be the reduction and elimination of the illegal drug trade in the Cities of Union Gap and Yakima and County of Yakima. by: 1. Disrupting drug organizations within Yakima County; 2. Gathering and reporting intelligence data -relating to illegal drug activity within Yakima County; 3. Making arrests that will impact the highest -level dealer and wholesaler possible consistent with the existing agreements between the City and the County of Yakima and other jurisdictions; 4. Effectively prosecuting drug traffickers; 5. Effectively seizing and forfeiting drug traffickers' assets; and 6. Promoting law enforcement cooperation through multi - agency investigations. SECTION 8. COMPLIANCE. a. In addition to their duties hereunder, the Board, all Unit personnel and all officials of the Cities and County serving the Unit shall comply with all applicable laws and with the Interlocal Agreement establishing the Unit, and such other Unit policies and procedures as may be established by the Governing Board. #1"N Yakima City/County Narcotics Unit Operational Agreement - Page 4 SECTION 9. FINANCES. a. Responsibility for salaries, benefits, and other compensation of the staff and investigators assigned to the Unit shall remain with the contributing agency; provided that the CCNU Board may authorize payment of salaries, benefits and overtime pursuant to an overtime policy adopted by the Board. b. Funds as needed for the purpose of purchasing equipment and services, informant payments, and controlled narcotics buys shall be appropriated from moneys in the YakimaCity/County Narcotics Fund, in accordance with RCW 60.50.505. c. The Governing Board shall be solely responsible -for establishing budgets, accounting for, and expending the funds of the Unit. The Board may delegate authority for expenditure of funds through written rules and procedures. d. The Governing Board shall .within ninety (90) days of the execution of this agreement adopt a budget for the balance of the current year. Thereafter, the Board shall prepare and adopt a budget not later than the last day of December of each year which shall be in effect for the ensuing year. e. All monetary forfeitures and forfeiture proceeds attributable to the efforts of Unit personnel during the life of this agreement, and narcotics assessments as ordered by the court, shall be deposited into the City/County Narcotics Fund held by Yakima County. The Unit shall supply the Yakima County Treasurer with information sufficient to enable the Treasurer to make timely and proper remittances and credits of drug funds. Such information Yakima City/County Narcotics Unit Operational Agreement - Page 5 .,e supplied on the Treasurer's standard transmittal forms. ^ f. There shall be created and maintained out of the Narcotics Fund an amount of ready cash, not to exceed five thousand dollars in amount, to be used as buy money and for other day to day Unit needs for which county vouchers are not practicable. This ready cash account shall be known as the City/County Narcotics Operations Fund and shall be located at the City/County Narcotics Unit and administered by the Unit Supervisor and/or ,the Unit Commander. g., The Unit Coordinator shall report at monthly intervals to the Governing Board on expenditures, receipts, seizures, forfeitures, and arrests by the Unit. h. The Unit .Coordinator shall maintain statistics on the contributions of the U.S. Drug. Enforcement Administration and other federal agencies to the Narcotics Fund. So that the Unit Coordinator's records and reports may be complete and accurate in this regard, each member agency shall promptly deliver to the Unit Coordinator a copy of the receipt and transmittal form for each deposit of money to the Fund. SECTION 10. ASSET FORFEITURES. a. The Yakima County Prosecuting Attorney shall be the attorney for the Unit in all asset forfeiture litigation under RCW 9A.82 for RCW 60.50.505. For purposes of cost adjustments and computation of net forfeiture proceeds under RCW 60.50.505(f) (2) , work performed by the Yakima County Prosecuting Attorney's office Yakima City/County Narcotics Unit Operational Agreement - Page 6 shall be deemed performed by the Unit. b. The Governing Board shall, at reasonable intervals review the pending asset forfeiture cases and determine, pursuant to Section 6 (a) of the Interlocal Agreement, which of the parties hereto shall be designated to receive title to major items of forfeiture property such as motor vehicles, in the event such items of property are ordered forfeited. If an order of forfeiture of any property is issued by the court or hearing officer before such Board discretion has been exercised, the Board May, at its convenience, re -allocate and re -distribute ownership of items of forfeited property, as between the Cities and County, but only for use in the expansion or improvement of law enforcement services. Such lesser items of property as may heretofore or hereafter be or have been ordered forfeited by courts or hearing officers shall be distributed fairly and equitably between the Cities and County by the Unit Coordinator, but only for use in the expansion or improvement of law enforcement services. SECTION 11. MEDIA AND PUBLICATIONS. a. Press releases regarding Unit activities and cases may be made only by a member of the Governing Board or the Unit Coordinator, according to such guidelines as the governing board may establish. In any press release or publication concerning Narcotics Fund expenditures and in any request for bids or proposals to be paid for out of the Narcotics Fund, the proportion Yakima City/County Narcotics Unit Operational Agreement - Page 7 of such expenditure or payment traceable to federal sources according to Section 9.h hereof shall be stated. SECTION 12. TERMINATION. Termination of this Agreement shall be at the same time and in the same manner as provided for in the Yakima City/County Narcotics Unit Interlocal Agreement. IN WITNESS WHEREOF THE PARTICIPATING JURISDICTIONS HAVE caused this agreement to be executed on the g8- day of gf)Brz.(teh„ 2000 as set forth hereinabove. Don Blesio, Chief of Police (_J ERZ, Bill Silvers, Chief of Police ,C Doug D. ir, Sheriff of Yakima County C Ivan Yakima County unty Prosecutor BOARD OF YAK MA COUNTY COMMISSIONERS Aere-e-;, e 'e S. Palacios, Chairman ameS M. Le Toner via E. Ce 00111111.1 Hipoio 14 A 17` 0 • at Q. • the Board TOTAL P.1© BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. -4 For Meeting Of May 21, 2002 11tiM '11'1'LE: Resolution Ratifying and Approving the Yakima City/County Narcotics Unit Operational Agreement. SUBMITTED BY: Don Blesio, Chief of Police CONTACT PERSON/TELEPHONE: Chief Don Blesio, 575-6211 Lt. Gary Belles, 576-6547 SUMMARY EXPLANATION: Pursuant to Chapter 10.93 RCW the Yakima City/County Narcotics Unit has been created in order to provide for the efficient investigation and enforcement of narcotics violations throughout the City of Yakima, the City of Union Gap and Yakima County as a whole. The operational agreement establishes procedures for the governing Board and operating rules for the narcotics unit. The operational agreement is submitted to Council for ratification and approval. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL _ City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-61