HomeMy WebLinkAboutR-2009-112 Narcotics Unit Interlocal Agreement; CCNU Termination and Asset Distribution PlanRESOLUTION NO. R-2009-112
A RESOLUTION terminating the City County Narcotics Unit Interlocal Agreement between
the City of Yakima, County of Yakima and City of Union Gap, thereby
dissolving the City/County Narcotics Unit and setting forth the method of
distribution of CCNU assets.
WHEREAS, the City of Yakima, County of Yakima, and City of Union Gap entered into
an interlocal agreement on March 19,1991 forming the City/County Narcotics Unit; and
WHEREAS, this interlocal agreement was modified on May 6, 1992 to add language
regarding the distribution of assets should the City/County Narcotics Unit be dissolved; and
WHEREAS, all parties to the agreement now believe it is in their mutual interests to
terminate this interlocal agreement and dissolve the City/County Narcotic Unit; and
WHEREAS, all parties have agreed upon distribution of assets as set forth in the
termination agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Manager or his designee is hereby authorized and directed to execute the
attached and incorporated Termination of Second Amended Yakima City/County
Narcotics Unit Interlocal Agreement, thereby dissolving the City/County Narcotics
Unit and establishing the method and time for distribution of CCNU assets.
ADOPTED BY THE CITY COUNCIL this 18t day of ugust, 2009.
ATTEST:
David dier, Mayor
TERMINATION
OF SECOND AMENDED
YAKIMA CITY/COUNTY NARCOTICS UNIT
INTERLOCAL AGREEMENT
This Interlocal agreement is made and entered into pursuant to the provisions of
Chapter 39.34 RCW, by and among the City of Yakima, the City of Union Gap and the
County of Yakima.
RECITALS:
1. The City of Yakima and Yakima County entered into a written Yakima
City/County Narcotics Unit Interlocal Agreement on March 19, 1991, to provide a formal
organization, to centralize supervision and to enhance efforts of the law enforcement
agencies to combat controlled substance trafficking (hereinafter "CCNU"). The City of
Union Gap joined the City/County Narcotics Unit by amendment to that agreement dated
October 16, 1991.
2. The City of Yakima, the City of Union Gap, and the County of Yakima
entered into the Second Amended Yakima City/County Narcotics Unit Interlocal
Agreement on May 6, 1992 the purpose of which was to change the disposition of
donated funds, in the event of dissolution of the unit, as provided for in Section 6.c of the
Second Amended Interlocal Agreement.
3. The City of Yakima, the City of Union Gap, and Yakima County mutually
agree that the Second Amendment Yakima City/County Narcotics Unit Interlocal
Agreement should be terminated and all property loaned to the unit by the participating
agencies and all forfeited property and money remaining in the unit's possession should
be divided between the parties as set forth in Section 6.c of the Second Amended
Interlocal Agreement.
Now, therefore, the parties hereto through their respective legislative bodies, do
hereby agree as follows:
SECTION 1. TERMINATION OF SECOND AMENDED INTERLOCAL
AGREEMENT.
The Second Amended Yakima City/County Narcotics Unit Interlocal Agreement
is terminated effective May 31, 2009,
SECTION 2. DISTRIBUTION OF ASSETS.
All forfeited property, equipment, other property and all money remaining in the
various bank accounts of CCNU shall be distributed as set forth below:
Termination of Second Amended
Yakima City/County Narcotics Unit Interlocal Agreement — Page 1
1. All property of CCNU currently being used and/or in the possession of any
previously participating agency or department other than CCNU shall
immediately be returned to the unit, except that property being retained by any
previously participating agency or department, in which case said agency or
department shall be responsible for valuation and reporting of the retained
asset(s) to the previously participating agencies or departments and the Board
for consideration when dividing CCNU assets among the former participants.
2. The distribution of CCNU funds shall be made as follows: (1) 10% of the total
funds shall go the Yakima County Prosecuting Attorney's Office; (2) the
balance (90%) shall be distributed in accordance with the number of officer
months spent in CCNU by officers of the Yakima County Sheriffs Office,
Yakima Police Department and the Union Gap Police Department for the
period of January 1, 2007 to December 31, 2008, as provided in paragraph 3,
below.
3. The distribution of the 90% identified in paragraph 2, above, shall be based on
5 members in CCNU in 2007, and 4 in CCNU in 2008, with the resulting
percentages applying to the distribution: (1) Yakima County Sheriff's Office —
20% for 2007 and 25% for 2008; (2) Yakima Police Department — 60% for
2007 and 75% for 2008; and (3) Union Gap Police Department — 20% for
2007.
4. The initial distribution noted above shall be comprised of funds from the
federal seizure funds, and shall be distributed on or before September 15,
2009.
5. A reserve fund of 50% of the state funds in the CCNU account will be
maintained for payment of miscellaneous expenses associated with property
disposition and agency closeout. The reserve fund shall be distributed in
accordance with paragraphs 2 and 3, above, when all miscellaneous expenses
associated with property disposition and agency closeout are completed.
6. The balance of state funds currently in a CCNU account, or which shall be
received into a CCNU account after effective termination, together with any
additional federal seizure funds received, and the value of any vehicles or
other equipment retained by any previously participating agency, shall be
distributed in accordance with paragraphs 2 and 3, above, and the initial
distribution shall occur on or about January 31, 2010.
Termination of Second Amended
Yakima City/County Narcotics Unit Interlocal Agreement — Page 2
7. No other disbursements of CCNU assets shall be made for other expenses of
any nature, except those necessary for the disposal of seized assets, payment
of storage fees, reimbursement to the Yakima Police Department for Scott
Levno and to the Yakima County Prosecuting Attorney's Office for Odella
Jordan, or their respective replacements, who shall be responsible to finalize
forfeiture and disposal of seized property or expenses as approved by the
Board.
SECTION 3. FILING.
Upon execution hereof, this Agreement shall be filed with the Clerks of the cities
of Yakima and Union Gap, the Auditor of the County of Yakima, the Secretary of State,
and such other governmental agencies as may be required by law.
IN WITNESS WHEREOF the participating jurisdictions have caused this
Agreement to Terminate the Second Amend Yakima Cit /County Narcotics Unit
Interlocal Agreement to be executed on the 1W. day of , 2009 as set
forth hereinabove.
CITY OF YAKIMA
Richard Zais, Jr.,
City Manager
Attest:
Dep i Clerk
COUNTY OF YAKIMA
J. Rand Elliott, Chairman
Michael D. Leita, Commissioner
chey, Commissioner
CITY OF UNION GAP
By:
Jim Lemon, Mayor date
Attest:
City Clerk date
APPRO E1Y AS TO FORM:
'erry sarUs in,
Chief . 1 Deputy Prosecuting Attorney
Termination of Second Amended
Yakima City/County Narcotics Unit Interlocal Agreement — Page 3
Constituting the Board of County Commissioners
for Yakima County, Washington
By:
Christina Steiner
Clerk of the Board
date
Termination of Second Amended
Yakima City/County Narcotics Unit Interlocal Agreement — Page 4
shall be responsible to finalize forfeiture and disposal of seized property or
expenses as approved by the Board.
SECTION 3. FILING.
Upon execution hereof, this Agreement shall be filed with the Clerks of the cities
of Yakima and Union Gap, the Auditor of the County of Yakima, the Secretary of State,
and such other govemmental agencies as may be required by law.
IN WITNESS WHEREOF the participating jurisdictions have caused this
Agreement to Terminate the Second Amended Yakima City/County Narcotics Unit
Interlocal Agreement to be executed on the day of , 2009 as
set forth hereinabove.
CITY OF YAKIMA CITY OF UNION GAP
By: �� -� By: j/i — .Pi+'XO/
Richard Zais, Jr., im IOnon, Mayor date
City Manager `'
Attest: 40.y -w On $
..O -*Ll -09
City lerk ' date
Attest:
City Clerk
COUNTY OF YAKIMA
07
J Rand Elliott, Chairman
Michael D. Leita, Commissioner
Kevin J. Bouchey, Commissioner
Constituting the Board of County
Commissioners for Yakima County, Washington
By'
Christina Steiner date
Clerk of the Board
APPROVED AS TO FORM:
Terry D. Austin,
Chief Civil Deputy Prosecuting Attorney
CITY CONTRAC r NO: e7!
RESOLUTION NO: R -2:RQg9 9 -./h"'
Termination of Second Amended
Yakima City/County Narcotics Unit Interlocal Agreement — Page 3
•
•
BUSINESS OF THE CITY COUNCIL
YAC MA, WASHINGTON
AGENDA STATEMENT
Item No. *13
For Meeting of August 18; 2009
ITEM TITLE: Consideration of a Resolution terminating the second amended Yakima
City/County Narcotics Unit Interlocal Agreement and setting forth the plan for
distribution of assets.
SUBMITTED BY: Samuel Granato, Chief of Police
CONTACT PERSON/TELEPHONE: Samuel Granato, Chief of Police — 575-6211
SUMMARY EXPLANATION:
The City/County Narcotics Unit was formed by interlocal agreement in 1991 and modified in
May 1992. Parties to this interlocal agreement are the City of Yakima, County of Yakima, and
City of Union Gap.
All parties now believe it is in their mutual best interests to terminate this agreement and
dissolve the City/County Narcotics Unit. The interlocal agreement sets forth the provisions for a
distribution of assets, by all parties to the agreement, in the case of termination of the
agreement and dissolution of the Unit.
Resolution X Ordinance Contract Other (Specify) Termination of Interlocal
Agreement
Funding Source N/A
APPROVED FOR SUBMITTAL: z.
City Manager
STAFF RECOM'. ENDATION: Terminate the Second Amended Yakima City/County Narcotics
Unit Interlocal Agreement, Dissolve the City/County Narcotics Unit, and distribute.CCNU assets
as set forth in the attached Termination Agreement.
BOARD/COMMISSION RECO `MENDATION:
COUNCIL ACTION: