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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