HomeMy WebLinkAboutR-2021-126 Resolution approving a grant application for an Office on Violence Against Women Fiscal Year 2021 Firearms Technical Assistance Project Pilot Sites InitiativeA RESOLUTION
RESOLUTION NO. R-2021-126
approving a grant application for an Office on Violence Against Women
Fiscal Year 2021 Firearms Technical Assistance Project Pilot Sites
Initiative
WHEREAS, the City of Yakima has a significant number of domestic violence cases each
year; and
WHEREAS, the City, Yakima County, the prosecuting attorneys and the YWCA of
Yakima, among other stakeholders began the process to form a coalition to collaboratively
address this issue in our community; and
WHEREAS, the law allows firearms to be removed from domestic violence perpetrators,
which involves collaboration with law enforcement prosecution, the courts, and victim advocates;
and
WHEREAS, this grant opportunity would provide additional funding for the collaborative
approach, as well as to enhance law enforcement response, prosecution, victim services, and
judicial handling of cases as they relate to firearms relinquishment; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to apply for the Office on Violence Against Women Fiscal Year 2021 Firearms
Technical Assistance Project Pilot Sites Initiative grant; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council hereby authorizes the City to apply for the Office on Violence Against
Women Fiscal Year 2021 Firearms Technical Assistant Project Pilot Sites Initiative. The City
Manager is hereby authorized to sign the grant application and any other documents associated
with applying for the grant.
ADOPTED BY THE CITY COUNCIL this 21st day of September, 2021
ATTEST:
tic,
Sonyaar Tee, City Clerk
Patricia Byers Mayor
LEG 4lDEPIRTlYf'A'7
200Svxd//hirdSn/r
Memorandum of Understanding
WHEREAS, Yakima Police Department, City of Yakima Prosecution Division, Yakima
County Prosecuting 's Office, Yakima County Probation Department and Yakima
CAhave come together bucollaborate and to make onapplication for the Firearms
Technical Assistance Project Pilot Sites Initiative gnart-,and
WHEREAS, the partners listed below have agreed to enter into a collaborative agreement in
which the Yakima Police Department will bethe lead agency and named applicant and the
other agencies will bepartners inthis application; and
WHEREAS, the partners herein desire to enter into a Memorandum of Understanding setting
forth the services tobaprovided bythe collaborative; and
WHEREAS, the application prepared and approved by the collaborative through its partners is to
be submitted to the Office on Violence Against Women on or before September 22, 2021;
8 Description of Partner Agencies
The City mf Yakima Prosecution Division (within the City of Yakima Legal Department)
prosecutes all misdemeanor domestic violence -related crimaa, including intimate partner
violence, for Yakima Police Department.
The Yakima County Prosecuting Attorney's Office prosecutesmUfelonycommsticvio|ence-
The Yakima County Probation Department handles all persons receiving probation for
convictions of domestic violence -related ohnnem, including intimate partner violence, for Yakima
Police Department,
The YWCA of Yakima provides services to victims of domestic violence -related ohmeo. including
intimate partner violence, for Yakima Police Department.
11) History of Relationship
The Yakima Police Department (YPD) has worked closely with the Yakima Legal Department's
Prosecution Division (City Attorney), the Yakima County Prosecuting Attorney's Office (County
Prosecutor), and the Yakima County Probation Department (Pnobmdon)for decades onfelony
and misdemeanor crime cases via the traditional criminal justice system.The YWCA and YPO
Yakima
-
have worked together for many years providing trainings for law enforcement recruits on
domestic violence, and working in conjunction with the other law enforcement agencies, courts
and prosecutors to develop a streamlined way for collecting information across Yakima County.
Additionally, YWCA works with the criminal justice partners assisting victims on their cases,
from the initial crime through the court process.
Over the last six months, individuals from each of these partner agencies have come together
as part of a domestic violence workgroup. The goal of the workgroup is to ultimately reduce the
rate of domestic violence victimization in Yakima via evidence -based policies, training and
awareness and collaborative decision -making based on data and analysis. Through monthly
meetings, and a special workshop on data availability and integration, the working group
partners have begun to think about domestic violence crime jointly instead of in the traditional
silos. In addition to the meetings, the DV Workgroup partners are regularly meeting and
communicating regarding cases and policies to best serve the victims. Using evidence -based
indicators across agencies will allow the partners to better assess the risk of domestic and
dating violence homicide and prioritize dangerous, or potentially lethal, perpetrators.
Ill) Development of Application
YPD was made aware of this grant opportunity by the US Attorney's Office for the Eastern
District of Washington as well as the Spokane Police Department. YPD reached out to our
partners from the DV Working Group to find out if each would be interested in being a partner,
and all were a resounding yes. In developing the proposal for the grant, each partner brought
ideas to the table about the goals and objectives of the project, their roles and funding needs,
and implementation ideas. All partners contributed content as well as reviewed and edited the
application.
IV) Roles and Responsibilities
NOW, THEREFORE, it is hereby agreed by and between the partners as follows:
1) Yakima Police Department will provide enhanced domestic violence -related call
response and crime investigation and a dedicated detective to victims of domestic
violence and dating violence including: responding to calls as a high priority; doing a
thorough crime report and investigation and arresting suspects when there is probable cause.
YPD patrol officers will complete a supplemental report to the crime report taken for all other
crimes and detectives will track cases and collect information as a supplement to their
investigation. An interactive dashboard will be developed to share data across the partner
agencies. Lieutenant Chad Janis will be the lead representative for Yakima Police
Department.
2) City of Yakima Prosecution Division will provide enhanced prosecution of
misdemeanor domestic violence offenses, 2 dedicated prosecutors and a domestic
violence advocate to victims of domestic violence and dating; violence including:
prosecuting offenses such as assault in the fourth degree, violation of domestic violence no
contact orders, domestic violence malicious mischief in the third degree, interfering with the
reporting of domestic violence, domestic violence harassment, and domestic violence
stalking; committing resources to forming a specialized unit focused on domestic violence;
focusing on prohibiting offenders who possess firearms during the case; and enhancing
prosecution efforts. The unit staff will receive specialized training and handle a reduced
caseloadso that they are able to dedicate more time per case. The Prosecution Division
currently participates with partners in case staffing calls and coordinates efforts with partners
to increase victim safety and offender accountability. Grant funding would be used to:
monitor compliance with the court order should a defendant fail to surrender or inaccurately
report the access to firearms; inform victims of the defendants failure to surrender weapons
and partner with YPD to enforce court orders. Follow up would enhance victim safety and
increase defendant accountability. Defendants who violate the court order prohibiting
weapons would be prosecuted by our partner, the Yakima County Prosecutor. Cynthia
Martinez, Senior Assistant City Attomey, will be the lead representative for the Yakima
Prosecution Division.
3) Yakima County Prosecuting Attorney's Office will provideenhanced prosecution of
felony domestic violence offenses, a dedicated deputy prosecuting attorney and a
victim/witness representative to victims of domestic violence and dating violence
including: accelerate the charging decision by increasing the determination of felony vs.
misdemeanor cases as soon as possible after the crime occurs; focusing specifically on
domestic violence offenders who possess firearms during these crimes; and the domestic
violence attorney and victim/witness representative identifying and working with the victims of
all domestic violence -related crimes, especially as it relates to violations of court orders
prohibiting firearms, harassment and violations of No Contact Orders. An additional policy
will be developed surrounding plea negotiations and offers which would necessitate a
careful review by the Elected Prosecutor before plea offers are made to defendants who
commit crimes of domestic violence using a firearm. Thepolicy would also include the
development and support of an enhanced "urgent victim notification system" which would
update and enhance the current tracking system. The urgent notification system would
ensure protection orders are issued immediately and include improved judicial response to
victims/survivors requesting those orders. Finally, the Yakima County Prosecutor's Office
would strive to enhance is collection of data relating to domestic violence and correlate
that data to determine trends and issues regarding intimate partner violence here in the
city of Yakima. Enhanced partnerships between the Yakima County Prosecuting Attorney's
office and community victim advocates would continue to include coordinating efforts to
increase victim awareness, safety and understanding of the cycle of domestic violence.
This will assist in identifying safety planning resources. Joseph Brusic, the current Elected
Prosecutor or his designee will represent the County Prosecutor's Office.
4) Yakima County Probation Department will provide a dedicated probation officer to
support victims of domestic violence and dating violence via the supervision of the offenders.
The dedicated probation officer's caseload will consist solely of domestic violence cases
from Yakima Municipal Court and will share probation -related information to the partners.
YPD domestic violence reports will be scanned daily for new offenses. When a new offense
is discovered, the probation officer will send a violation report to Yakima Municipal Court
immediately. Additionally, Probation Services has designated a second probation officer as
a back-up. To meet the needs of the Spanish speaking population, the backup probation
officer shall be fluent in Spanish and will supervise the Spanish speaking only cases. Grant
funds could be used to develop a domestic violence therapeuticcourt and/or to implement a
domestic violence Moral Recognition Therapy (MRT) program. Many probation departments
throughout Washington State have implemented DV MRT to improve access to domestic
violence treatment. The high cost of domestic violence treatment is a barrier to many
probationers supervised by Yakima Probation Services. DV MRT is facilitated by a probation
officer who is trained and certified in MRT which reduces the out-of-pocket cost to the
probationer significantly. Donald Loen, Administrative Supervisor, will be the lead
representative for the Probation Department.
5) YWCA of Yakima will provide education and services to victims of domestic violence and
dating violence including: healthy relationships education through .our domestic violence
education clinic; healthy relationships media campaign; information on services, education
and safety planning on domestic violence for victims, both one on one and in groups; and
domestic violence education for community groups. Funds from the grant would be used for
YWCA staff to participate in Yakima's coordinated community response to domestic violence,
participate and/or provide trainings, and toward community education on the coordinated
response and victim services. Cheri Kilty, Executive Director, will be the lead representative
for the YWCA.
6) Al! Partners will collaborate in the following manner: Yakima Police Department has been
the coordinator for the DV Workgroup and will continue to facilitate these meetings and build
on the work that has been doing via the technical assistance and resources that will be
provided through this. initiative. To increase public awareness of domestic violence, dating
violence and stalking, the Partners will develop curriculum and offer domestic violence
education and training to local high schools. The curriculum will also include a focus on
violence in the home and intimate partner relationships of youth. These in -class lectures
throughout the school year would be presented by a multi -disciplinary team from the partner
agencies, and all training and education would be culturally specific. While each partner has
specific roles (as outlined above), this MOU and initiative will solidify the collaborative efforts
through common training, discussions with other sites and customized technical assistance
for Yakima's needs relating to domestic violence, in particular as it relates to firearms as we
know there is a strong association.
V) Timeline
The roles and responsibilities described above are contingent on Yakima Police Department
receiving funds requested for the project described in the OVW grant application.
Responsibilities under this- Memorandum of Understanding would' coincide with the grant period,
anticipated to be 10/1/2021 through 9/30/2024.
VO Commitment to Partnership
1) The 'collaboration service area includes the City of Yakima, Washington.
2) The partners agree to collaborate and provide coordinated response and effective
services to victims of domestic and dating violence pursuant to the program narrative of
the grant application attached to this agreement.
3) Compensation for [non -lead] partners' contribution to this project will be provided as outlined
in the attached OVW budget detail worksheet.
4) We, the undersigned have read and agree with this MOU. Further, we have reviewed the
proposed project and approve it.
By
Matthew Jray
Chief, Yakima Police Da a ant
, By )
Sara Watkins.
I City Attorney, City of Yakima
y
Josep sic
Yakirna ounty Prosecutor
Date
Date
Date
Sy Date
Therese ur
District Court
By
Cheri Kilty
Executive Director, YWCA of Yakima
histrator, akima County District Court
cc: Agencies.and Interested Parties
Date (31
U.S. Department of Justice
Office on Violence Against Women
Ac owledgement of Notice of Statutory Requirement to Comply with the
Confidentiality and Privacy Provisions of the Violence Against Women Act, as
Amended
Under section 40002(b)(2) of the Violence Against Women Act, as amended (42 U.S.C.
13925(b)(2)), grantees and subgrantees with funding from the Office on Violence Against
Women (OVW) are required to meet the following terms with regard to nondisclosure of
confidential or private information and to document their compliance. By signature on this form,
applicants for grants from OVW are acknowledging that that they have notice that, if awarded
funds, they will be required to comply with this provision, and will mandate that subgrantees, if
any, comply with this provision, and will create and maintain documentation of compliance, such
as policies and procedures for release of victim information, and will mandate that subgrantees,
if any, will do so as well.
(A) In general
In order to ensure the safety of adult, youth, and child victims of domestic violence, dating
violence, sexual assault, or stalking, and their families, grantees and subgrantees under this
subchapter shall protect the confidentiality and privacy of persons receiving services.
(B) Nondisclosure
Subject to subparagraphs (C) and (D), grantees and subgrantees shall not
(i) disclose, reveal, or release any personally identifying information or individual information
collected in connection with services requested, utilized, or denied through grantees' and
subgrantees' programs, regardless of whether the information has been encoded, encrypted,
hashed, or otherwise protected; or
(ii) disclose, reveal, or release individual client information without the informed, written,
reasonably time -limited consent of the person (or in the case of an unemancipated minor, the
minor and the parent or guardian or in the case of legal incapacity, a court -appointed guardian)
about whom information is sought, whether for this program or any other Federal, State, tribal,
or territorial grant program, except that consent for release may not be given by the abuser of the
minor, incapacitated person, or the abuser of the other parent of the minor.
If a minor or a person with a legally appointed guardian is permitted by law to receive services
without the parent's or guardian's consent, the minor or person with a guardian may release
information without additional consent.
(C) Release
If release of information described in subparagraph (B) is compelled by statutory or court
mandate
(i) grantees and subgrantees shall make reasonable attempts to provide notice to victims affected
by the disclosure of information; and
(ii) grantees and subgrantees shall take steps necessary to protect the privacy and safety of the
persons affected by the release of the information.
(D) Information sharing
(i) Grantees and subgrantees may share
(I) nonpersonally identifying data in the aggregate regarding services to their clients and
nonpersonally identifying demographic information in order to comply with Federal, State,
tribal, or territorial reporting, evaluation, or data collection requirements;
(II) court -generated information and law enforcement -generated information contained in secure,
governmental registries for protection order enforcement purposes; and
(III) law enforcement -generated and prosecution -generated information necessary for law
enforcement and prosecution purposes.
(ii) In no circumstances may
(I) an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or
stalking be required to provide a consent to release his or her personally identifying information
as a condition of eligibility for the services provided by the grantee or subgrantee;
(II) any personally identifying information be shared in order to comply with Federal, tribal, or
State reporting, evaluation, or data collection requirements, whether for this program or any
other Federal, tribal, or State grant program.
(E) Statutorily mandated reports of abuse or neglect
Nothing in this section prohibits a grantee or subgrantee from reporting suspected abuse or
neglect, as those terms are defined and specifically mandated by the State or tribe involved.
(F) Oversight
Nothing in this paragraph shall prevent the Attorney General from disclosing grant activities
authorized in this Act to the chairman and ranking members of the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of the Senate exercising
Congressional oversight authority. All disclosures shall protect confidentiality and omit
personally identifying information, including location information about individuals.
(G) Confidentiality assessment and assurances
Grantees and subgrantees must document their compliance with the confidentiality and privacy
provisions required under this section.
1
Bob Harrison
As the duly authorized representative of the applicant, I hereby acknowledge that the applicant has received notice
that if awarded funding they will comply with the above statutory requirements. This acknowledgement shall be
treated as a material representation of fact upon which the Department of Justice will rely if it determines to award
the covered transaction, grant, or cooperative agreement.
Bob Harrison
Typed Name of Authorized Representative
509-575-6040
Telephone Number
Signature of Authorized Representative
City of Yakima
City Manager
Title
Date Signed
Agency Name
CITY CONTRACT NO'
RESOLUTION NO' ,9044 „7,1,
2
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.K.
For Meeting of: September 21, 2021
ITEM TITLE: Resolution approving a grant application for an Office on Violence
Against Women Fiscal Year 2021 Firearms Technical Assistance
Project Pilot Sites Initiative
SUBMITTED BY: Lt. Chad Janis, Yakima Police Department
SUMMARY EXPLANATION:
The City has an opportunity to apply for a federal grant to become a Firearms Technical
Assistance Project Pilot Site. Proposed projects must use funding to enhance law enforcement
responses and protection order enforcement to address the intersection of firearms and
domestic violence; coordinate community response to this issue; enhance prosecution
responses; and/or improve judicial handling of cases as it relates to firearms relinquishment. The
City is seeking funding, in partnership with the YWCA and Yakima County, to provide enhanced
services, education, and training regarding the intersection of firearms and domestic violence. If
awarded, this grant would provide up to $500,000 for 36 months of funding this initiative.
ITEM BUDGETED: No
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date
D Resolution-OVW Grant 9/10/2021
D OVW Firearms DV Grant Yakima PD MOU 9/10/2021
Type
Resolution
Backup Material