HomeMy WebLinkAboutR-2022-078 Resolution authorizing a Memorandum of Understanding with the City of Yakima Police Department and the Washington State Patrol, the Yakima County Sheriff's Office and Police Departments for, Grandview, Granger, Mabton, Moxee, Selah, Sunnyside,A RESOLUTION
RESOLUTION NO. R-2022-078
authorizing a Memorandum of Understanding with the City of Yakima Police
Department and the Washington State Patrol, the Yakima County Sheriff's
Office and Police Departments for, Grandview, Granger, Mabton, Moxee,
Selah, Sunnyside, Tieton, Toppenish, Union Gap, Wapato and Zillah to jointly
cooperate through a Yakima County Mutual Law Enforcement Assistance
Agreement
WHEREAS, law enforcement agencies have the responsibility of protecting lives and
property, and keeping the peace; and
WHEREAS, multi -agency operations are encouraged and permitted by RCW 10.93, the
Mutual Aid Peace Officers Powers Act, and RCW 39.34, Interlocal Cooperation Act; and
WHEREAS, law enforcement support from a number of agencies through mutual law
enforcement assistance; and
WHEREAS, the Yakima Police Department, Washington State Patrol, Yakima County
Sheriff's Office, Grandview Police Department, Granger Police Department, Mabton Police
Department, Moxee Police Department, Selah Police Department, Sunnyside Police Department,
Tieton Police Department, Toppenish Police Department, Union Gap Police Department, Wapato
Police Department, and Zillah Police Department desire to coordinate on mutual aid assistance; and
WHEREAS, it is the desire of various law enforcement agencies within Yakima County to
have this agreement in place for the purpose of cooperative law enforcement within Yakima County;
and
WHEREAS, the City Council finds that it is in the City of Yakima's interest to partner with the
Washington State Patrol, Yakima County Sheriff's Office, and the Police Departments of Grandview,
Granger, Mabton, Moxee, Selah, Sunnyside, Tieton, Toppenish, Union Gap, Wapato and Zillah to
establish a memorandum of understanding to provide each other with support for mutual law
enforcement assistance; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Memorandum of Understanding between the Yakima Police Department, Washington
State Patrol, Yakima County Sheriff's Office, Grandview Police Department, Granger Police
Department, Mabton Police Department, Moxee Police Department, Selah Police Department,
Sunnyside Police Department, Tieton Police Department, Toppenish Police Department, Union Gap
Police Department, Wapato Police Department, and Zillah Police Department, for cooperation on
mutual aid assistance is approved, and the City Manager and the Chief of Police of the Yakima
Police Department are authorized and directed to sign the attached Interlocal Agreement for a
Yakima County Mutual Law Enforcement Assistance Agreement between the City of Yakima Police
Department and the other law enforcement agencies.
ADOPTED BY THE CITY COUNCIL this 5th day of July, 2022.
ATTEST:
Sonya Claar Tee, City Clerk
lattoz
Janice Deccio, Mayor
WSP Contract #K 17831
MEMORANDUM OF UNDERSTANDING
YAKIMA COUNTY MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT
WHEREAS, it is the desire of various law enforcement agencies within Yakima County to
have this agreement in place for the purpose of cooperative law enforcement within, Yakima County.
WHEREAS, multi agency participation in this agreement is possible by Chapter 10.93 RCW
(Mutual Aid Peace Officer Powers Act) and Chapter 39.34 RCW (Interlocal Cooperation Act.)
NOW THEREFORE, it is mutually agreed as follows;
PURPOSE
To give all coil ti signed officers of enforcement agencies in 'Yakima County the ability to provide
mutual aid assistan and to give authority to enforce' any, or all, of the traffic or criminal laws
throughout all jurisdictions of Yakima County while rendering requested mutual aid pursuant to the
Police Powers Act.:
Police Officers Powers Act
General Authority Peace Officer - Powers of, Circumstances.
In addition to any other powers vested by law, a general authority 'S Washington peace officer who
possesses a certificate of basic law enforcement i =Ming or a certificate of equivalency or has
been exempted from the requirement therefor by the Washington state criminal justice training
commission may enforce the traffic or criminal laws of this state thmughout the territorial bounds
of this state, under the following enumerated circumstances:
• Upon the prior written consent of the sheriff or chief of police in whose primary
territorial jurisdiction the exercise of the powers occurs;
• In response to an emergency involving an immediate threat to human life or
property;
• In response to a request for assistance pursuant to a mutual law enforcement
assist... ce agreement with the agency of primary territorial jurisdiction or in
response to the request of a peace officer with enforcement authority;
• Mien the officer is transporting a prisoner.;
• When the officer is executing an arrest w: =nt or search warrant; or
• Whenthe officer is in fresh pursuit, as defined in ROW 10.93>.120.
PARTICIPATING AGENCIES
A list of agencies that have d to participate in this a - - nxent (Participating Age nses is attac to
this Memo gum of Understanding (MOU) and is incorporated herein as Attachment 1, The list of
Participating Agencies may be modified from time to time to add or delete agencies. Each Participating;
Agency shall maintain a current list of Participating Agencies on file, together with a copy of this MOU.
DURATION
This MOU shalt be in effect from January 1, 2022, and shall expire on December 31, 2027.
MOU Yakima County Mutual Law
Enforcement Assistance Agreement
Page 1 of 4
FINANCING
Each participating agency shall bear the financial responsibility for its own employees including but not
limited to salary, benefits, and workers compensation insurances.
Officers of participating ..encies who make an arrest under this agreement may still book a prisoner
into their normal booking facility as done in past practice pursuant to existing agreements between
Yakima County law enforcement agencies and the Yakima County Department of Corrections. Any
court costs associated with criminal or traffic citation/infraction filings as a result of this agreement
shall be in accordance with existing agreements with the Yakima County District Court and past
practice. Proper filing of citations/infractions by the arresting agency is required.
ADMINISTRATION
The Yakima County Sheriff and the Chiefs of Police for the participating agencies or their delegates shall
administer this MOU.
CONSENT
For the purpose of mutual aid, each of the undersigned hereby consent to the full exercise of peace
officers powers within their respective jurisdictions by any and ail properly certificated general
authority, specially commissioned or exempted peace officers from any of the participating agencies.
This consent is not intended to reallocate, under RCW 10.93.040, the responsibility of the participating
agencies for the acts or omissions of their officers.
RCW 10.93.160 and VVASHINGTON EXECUTIVE ORDER 17-01
Under Washington law, the Washington State Patrol ("WSP") and its personnel are generally
prohibited from enforcing federal immigration law. See RCW 10.93.160. Neither WSP nor any of its
employees may contract in any way to provide civil immigration enforcement assistance. The purpose
of this section is to make clear that the parties interpret this Memorandum of Agreement as consistent
with the Washington law, including RCW 10.93.160, in that WSP and its personnel shall not engage
in any acts proscribed by Washington law.
Consistent with RCW 10.93.160 and Washington Executive Order 17-01, the parties to this
Memorandum of Agreement agree not to use or share any information obtained from the WSP, its
systems, or its personnel, with any third parties to support or engage in civil immigration enforcement
activities.
HOLD HARMLESS
It is understood and agreed that this MOU is solely for the benefit of the parties hereto and gives no right
to any other party. No joint venture or partnership is formed as a result of this MOU. Each party hereto
agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those
of its officers, agents or employees to the fullest extent required by law, and agrees to save, indemnify,
defend, or hold harmless from any such liability. In the case of negligence of more than one party to
this MOU, any damages allowed shall be levied in proportion to the percentage of negligence attributed
to each party, and each party shall have the right to seek contribution from the other party in proportion
to the percentage of negligence attributed to the other party.
TERMINATION
Any party may terminate their respective participation in this MOU upon thirty (30) days' written
notification to all participating agencies. If any party's participation in this MOU is terminated, the
terminating party shall be liable only for performance in accordance with the terms of this MOU for
performance period to the termination.
MOU Yakima County Mutual Law
Enforcement Assistance Agreement
Page 2 of 4
Si Lure
IN WITNESS WHEREOF, the parties have executed this MOU
For the Gr nd 4 Police Department
Forth. Granger Police Depar
Date
For the Mabton Police Department
Date
For the Moxee Police Department
5=13-2L
Date
For the Selah Police Department
05-I 22-
Signature
Signature
Date
ide Police Department
S ID ZZ
Date
For the Tieton Police Department
akima County Mutual Law
Enforcement Assistance Agreement
For the Toppenish Police Department
Signature Date
For the Union Gap Police Department
5/7/ 4re,
Signature Date
For the Wapato Police Department
Washington State Patrol
Yakim '+ur t r She ills Office
Police Department
Date 1 L
CITY CONTRACT NO: !],�. �r�
RESOLUTION NO: l ---49t .776
For the Zillah Police Department
Date
Signature
Page 3 of 4
Attachment 1
Participating Agencies
Yakima County Mutual Law Enforcement Assistance Agreement
Grandview Police Department
Granger Police Department
Mabton Police Department
Moxee Police Department
Selah Police Department
Sunnyside Police Department
Tieton Police Department
Toppenish Police Department
Union Gap Police Department
Wapato Police Department
Washington State Patrol
Yakima County Sheriffs Office
Yakima Police Department
Zillah Police Department
MOU Yakima County Mutual Law Page 4 of 4
Enforcement Assistance Agreement
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.F.
For Meeting of: July 5, 2022
ITEM TITLE: Resolution authorizing a Memorandum of Understanding with the
City of Yakima Police Department and the Washington State Patrol,
the Yakima County Sheriff's Office and Police Departments for,
Grandview, Granger, Mabton, Moxee, Selah, Sunnyside, Tieton,
Toppenish, Union Gap, Wapato and Zillah to jointly cooperate
through a Yakima County Mutual Law Enforcement Assistance
Agreement
SUBMITTED BY: Matt Murray, Chief of Police
SUMMARY EXPLANATION:
The Yakima County Mutual Law Enforcement Assistance agreement provides all commissioned
officers of law enforcement agencies in Yakima County the ability to provide mutual aid
assistance and to give authority to enforce any, or all of the traffic or criminal laws throughout all
jurisdictions of Yakima County while rendering requested mutual aid.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date
0 6/30/2022
❑ Yakima County LE MOU 6/24/2022
Type
Corer Memo
Contract