HomeMy WebLinkAboutC20130566 Interlocal Agreement SKAGIT COUNTY
Contract # C20130566
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1NTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
THE CITY OF ANACORTES, THE CITY OF BURLINGTON,
THE CITY OF MOUNT VERNON,THE CITY OF SEDRO-WOOLLEY
AND SKAGIT COUNTY
THIS AGREEMENT ("Agreement") is entered between the City of Anacortes, The City of
Burlington; the City of Mount Vernon; the City of Sedro Woolley; and Skagit County in order to
use agency investigative resources from various jurisdictions in a planned and concerted fashion
that shares supervision, investigative staff, equipment, technology, skills and experience offering
the best opportunity for apprehension and successful prosecution; and
WHEREAS each of the parties have authority granted through state or federal law to contract
and be contracted with including but not limited to the Interlocal Cooperation Act (Chapter 39.34
RCW) granting additional and supplemental authority authorizing public agencies to enter into
agreements for their mutual benefit; and
WHEREAS law enforcement agencies have the responsibility for protecting lives and property
and keeping the peace; and
WHEREAS effective law enforcement depends upon the ability of responding officers to take
emergency action to protect lives and property and to preserve the peace, without regard to
jurisdictional limitations; and
WHEREAS law enforcement agencies face significant challenges in meeting the public's needs
when a major criminal incident such as when a homicide, child abduction, serial arson or sexual
predator victimizes the community or when a criminal act or a potential criminal act is alleged
against an officer; and
WHEREAS the issues of public trust and organizational credibility require an investigative
process that is objective and fair; and
WHEREAS an agency can become overwhelmed by the volume of investigative demands
including securing, preserving and processing crime scenes; locating and interviewing witnesses;
searching for suspects; documenting, recording and impounding evidence; responding to media
and public information requests, etc.; and
WHEREAS experience has shown that delays in the use of law enforcement personnel and
facilities have an adverse impact on identifying perpetrators, discovering reliable evidence, and
convictions rates; and
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WHEREAS a team approach to investigating complex criminal acts offers increased staffing
during critical time periods, allows for sharing of equipment and investigative tools that a small
agency may not have, and takes advantage of individuals possessing specialized training; and
WHEREAS a team approach also provides an unbiased and competent investigation when
police personnel are implicated; and
WHEREAS the adoption of a protocol for the use of resources from multiple agencies will:
a) Foster public trust by conducting professional and consistent investigations of
criminal incidents involving police employees;
b) Provide a multi jurisdictional response to criminal or fatal incidents involving police
employees;
c) Provide greater efficiency and effectiveness during large scale criminal acts by
employing a multi-disciplinary response; and
d) Offer flexibility to employ investigative methods and tools that are practical and
appropriate for given circumstances.
NOW THEREFORE, the parties agree as follows:
1. PURPOSE. This agreement is intended to adopt protocols for the functioning of a Skagit
County Multiple Agency Response Team {hereinafter"SMART" or"Team") that will conduct or
assist in investigations of incidents that will benefit from the use of resources from multiple law
enforcement agencies. The SMART will be activated upon the request of a Venue Agency to
handle qualifying incidents including, but not limited to:
a) Intentional and accidental officer-involved shootings, including police tactical
incidents involving specialized response teams.
b) Intentional or accidental use of any other dangerous or deadly weapon.
c) Felony or serious assaults upon law enforcement officers or assaults on other law
enforcement employees who are on duty or are acting in the performance of their
duties.
d) Attempts by law enforcement employees to make arrests or to otherwise gain physical
control for a law enforcement purpose, including incidents where a law enforcement
officer has applied a use of force on an individual and that individual stops breathing
either during the application of force or immediately thereafter;
e) Any fatal or serious injury in police custody.
f) Any fatal or serious injury of an inmate at the Skagit County Jail that occurs as a
result of the use of force by a jail employee.
g) Vehicular collisions involving police gunfire directed at the suspect or the suspect
vehicle.
h) Vehicular collisions which result in a serious injury or fatality arising from the use of
vehicle(s) by police as a "legal intervention" technique intended to apprehend a
suspect. "Legal Intervention" includes vehicle ramming, roadblocks, and forcing a
vehicle to alter its course by cutting in front of it or by contact.
i) Vehicular collisions which involve serious injuries or a fatality that occur during a
police pursuit. The serious injury or fatality may be to the suspect, an officer or other
third party.
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j) Significant criminal events that exhaust an individual agency's resources:
(1) Crimes of violence such as homicide, aggravated assault, rape, arson,
kidnapping,robbery or as determined by the Executive Board;
(2) Serial crimes involving arson, rape, robbery, burglary, etc.;
(3) "Crime spree" crimes with similar characteristics occurring in multiple
jurisdictions; and
(4) Activation of an Amber Alert and/or the Child Abduction Response Team
when significant investigative resources are required.
Nothing in this agreement is intended to preclude any party from entering into agreements with
any law enforcement or specialized service agency for limited or high profile investigations,
including:
a) Officer involved incidents that involved limited scope investigations, including
allegations of DUI,misdemeanor assault-DVPA, theft, etc.
b) Allegations of criminal misconduct against high ranking police staff; and
c) Any significant crime or incident where the sheriff or the affected jurisdiction's
Police Chief,believe seeking aid from another county or agency is appropriate.
The parties agree that use of the SMART for non-officer involved cases is meant for significant
criminal events where an agency's resources are or are likely to be exhausted. Utilization of the
SMART is not intended as a substitute for costs a Venue Agency could incur by using their own
off-duty staff or resources. It is also not intended to defer continuing staff training and
development for serious crimes.
2. TREATMENT OF ASSETS AND PROPERTY. No fixed assets or real property will
be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. Each
party shall be responsible for the costs associated with its personnel, including wages, and
consumable property, and basic safety equipment to adhere to current WISHA or OSHA blood
borne pathogens rules. Participating agencies will work together to ensure the SMART has the
non-consumable equipment necessary to support the Team's mission and goals. Any non-routine
costs shall be the responsibility of the Venue Agency upon the approval by Venue Agency head.
3. SMART STRUCTURE AND DUTIES. Upon request of the Venue Agency, the
SMART will assume control of an investigation into an officer-involved incident where a serious
injury or fatality has occurred. When an investigation does not involve an officer or employee
but the scope of the incident is beyond a Venue Agency's capability, the Venue Agency may
request the SMART to supplement its investigatory efforts.
SMART operations shall be governed by the terms of this agreement and any mutual aid
agreements between the participating agencies. The SMART command structure for Officer
Involved investigations is depicted in Attachment 1 (SMART Structure). The command structure
for supplementing a Venue Agency's investigation is illustrated in Attachment 3 (SMART
Structure for Supplemented Investigations), is intended to be flexible depending on agency
needs.
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Every member assigned to the SMART is subject to his/her own agency's policies and
procedures and to any non-conflicting policies and procedures adopted by the Executive Board.
3-1. Executive Board. An Executive Board comprised of representatives of the respective
parties is established to administer this Agreement and to coordinate and monitor performance of
the SMART. The Executive Board's responsibilities include,but are not limited to: (1)
identification of crimes and incidents that qualify for the SMART to conduct or assist in
investigations; (2)resolution of disputes arising under this Agreement; (3) coordination of
personnel issues, investigative policies,practices, and training standards; (4) maintenance of
relations between participating law enforcement departments; and (5) adoption of SMART
policies and procedures.
Members of the Executive Board shall include:
a) Skagit County Sheriff;
b) Chief of Police, Anacortes Police Department;
c) Chief of Police, Burlington Police Department;
d) Chief of Police, Mount Vernon Police Department; and
e) Chief of Police, Sedro-Woolley.
The Commander, Washington State Patrol for Skagit-Island-Whatcom County shall be invited to
participate in Executive Board discussions as a non-voting member.
In the event an officer involved investigation is or becomes an investigation of the Venue
Agency's Chief of Police or County Sheriff it shall be deemed ineligible under this Agreement to
utilize the SMART. Nothing in this Agreement shall prevent a Venue Agency from entering into
agreements with any law enforcement or specialized service agency to assist or conduct such
investigations.
3-2. Skagit County Prosecuting Attorney. The Skagit County Prosecuting Attorney shall be
the legal advisor for the SMART.
3-3. SMART Command.
a) SMART Commander: The Executive Board shall appoint a SMART Commander, a
law enforcement officer of command rank from one of the participating law
enforcement agencies, for a term of two years. Selection criteria shall include a
consideration of training, experience, skills and abilities. The Commander's
responsibilities are provided in Attachment 2 (Command Structure and Personnel)
b) Assistant SMART Commander: The Executive Board shall also appoint an
Assistant Commander, a law enforcement officer of command rank from one of the
participating law enforcement agencies. To provide for an overlap of experience at
the command level, the term of appointment for the initial Assistant Commander will
be for one year, with two year terms used thereafter. Selection criteria shall include a
consideration of training, experience, skills and abilities. The Assistant Commander's
responsibilities are provided in Attachment 2 (Command Structure and Personnel).
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4. INVESTIGATION TEAM STRUCTURE AND DUTIES.
4-1. Commander. The SMART Commander is responsible for all aspects of an investigative
response when SMART is activated for an officer/employee involved incident to include
situational assessment, developing investigative priorities and objectives, and operations
management. If SMART is requested to assist with an investigation that exceeds a Venue
Agency's capabilities but doesn't involve an officer/employee the Venue Agency's
Investigation's Commander may remain in charge and the Commander will provide support as
requested or able. Nothing precludes the Commander from assuming these responsibilities if the
Venue agency requests. Responsibilities are provided in Attachment 4 (Investigation Team
Personnel and Responsibilities).
4-2. Assistant Commander. When required by the scope of an investigation, the Assistant
Commander shall assist the Commander and shall assume the duties of the Commander in
his/her absence. In a SMART controlled investigation, the Assistant Commander shall serve as
the Assistant Commander. When the Venue Agency provides the Investigation Commander, the
Assistant Commander may serve as the Assistant Investigation Commander. The Assistant
Investigation Commander's responsibilities, including assisting with public information, safety
and security liaison duties with the Venue Agency, are provided in Attachment 4.
4-3. Supervisor. The Commander shall appoint a Supervisor to lead each investigation
conducted under this Agreement. The Supervisor will determine the number and skills of
investigators and technicians needed for each aspect of an investigation and coordinate their
work. In the event there are multiple scenes or responsibilities that stretch the Supervisor's span
of control, he/she may designate Lead Investigators to cover specific areas of responsibility. The
Supervisor's responsibilities are provided in Attachment 4.
4-4. Investigation Teams. The Commander shall establish Investigation Teams as needed for
(1) crime scene processing; (2) suspect apprehension; (3) evidence collection,packaging, and
storage; and(4) specialized services. See Attachment 3. Personnel assigned to these teams will
be available to conduct the various aspects of an investigation. Depending upon need, the
structure for the investigation teams may be amended upon approval by the Executive Board.
A leader for each team tasked to a particular investigation component shall be selected by the
SMART Supervisor based upon a consideration of team needs and a consideration of the
individual's training, experience, skills and abilities. Core areas of knowledge for all
investigators are provided in Attachment 5 (Minimum Qualifications for Team Investigators).
4-5. Case Manager. Every investigation will have a person or persons who are assigned to
track the case details from the start of the investigation through prosecution. The Case Manager
will be familiar with all aspects of the case in order to be responsive to requests from others such
as the prosecutor. The Case Manager reports to the SMART Supervisor unless directed
otherwise and is responsible to have a working knowledge of all aspects of the case.
4-6. Administrative Services. Personnel qualified by training and experience shall handle the
following duties under the supervision of the Commander or Assistant Commander, as assigned:
a) Public information;
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b) Public disclosure and records management for all records held by the SMART; and
c) Crime scene safety and security.
5. VENUE AGENCY. The Venue Agency is the law enforcement department with jurisdiction
over the crime or incident requiring investigation. When an incident occurs in part in two or
more jurisdictions, each of those jurisdictions is the Venue Agency. When the incident occurs on
the boundary of two jurisdictions, or at a location where the relevant boundary is not readily
ascertainable or is in dispute, the agency with the greater interest in the case by virtue of having
the predominant police involvement in the incident or by virtue of having had the majority of the
acts leading up to the incident within its jurisdiction shall be the Venue Agency.
5-1. Venue Agency obligations. When SMART assistance is desired, the Venue Agency shall:
a) Determine its resource limitations and what additional levels are needed for an
investigation;
b) Request SMART assistance — either that the SMART assume control of an
investigation or supplement Venue Agency resources — through a senior officer
(Sheriff, Police Chief, or a command level officer above the rank of Sergeant), who
shall direct the request for Team assistance to the SMART Commander with enough
details for him/her to determine whether a callout is necessary and the level of
resources and assistance needed;
c) Designate an Incident Commander to coordinate the Venue Agency's response with
the SMART;
d) Provide crime scene protection, security and staff support as required;
e) Provide facilities, equipment, resources and assistance as needed for the SMART;
t) Agree to be responsible for all reasonable investigative expenditures, including the
costs of storing and handling extraordinary items such as vehicles, HAZMAT, etc.;
g) Allow SMART personnel access to all available documents, reports and information
regarding the incident and investigation; and
h) Refer all media requests for information to the SMART Public Information Officer
assigned to the investigation and coordinate any release of public information with
the Team's public information staff.
i) Except as may be required by law and only after notice to the SMART Commander,
the Venue Agency will not release any information that may compromise a SMART
investigation.
If the Venue Agency determines that it has adequate oversight and control of an investigation
that does not involve potential allegations of officer/employee misconduct and only needs
additional staff or equipment, the Venue Agency may retain command of the investigation by
assigning a qualified supervisor for the investigation. In such cases, the Venue Agency shall
retain responsibility for decisions involving the investigative process and the release of any
information and the SMART Commander may assist the Venue Agency in selecting and
mobilizing needed resources or with organizational tasks. (If the Venue Agency's request is for
an Officer Involved incident, the SMART Commander, will have complete autonomy to manage
the investigation or the SMART will not be utilized.)
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5.2.. SMART Obligation to Keep Venue Agency Informed. The following shall apply to
investigations in which SMART has assumed control. The SMART Commander shall ensure
that the Venue Agency's Police Chief, Sheriff or their designees are kept informed of the
progress of the investigation. The Commander may meet with the involved agency's Police
Chief/Sheriff or their designee the following business day after the initial investigation.
If requested by the Venue Agency's Chief, Sheriff or their designee, the SMART Commander
will arrange for an administrative walk-thru of the scene with the Venue Agency's Chief, Sheriff
or command staff. The SMART Supervisor and Case Manager will participate in this walk-thru
to answer any questions. This walk-thru will only occur after the scene has been processed and
evidence collected and just prior to the scene being turned back over to a responsible party. The
Venue Agency's command staff will not take part in any crime scene processing. Involved
officers and witnesses will not participate in a walk-thru.
After the SMART investigation has been completed and the prosecutor reviewing the case has
made a charging decision, the SMART Commander will schedule a case overview meeting for
the Venue Agency. This meeting is intended to brief the Venue Agency's command staff and
legal department on what occurred during the incident, what investigative steps were undertaken,
and to answer any questions that the Venue Agency may have with regards to the investigation.
The SMART Supervisor and Case Manger will be responsible for presenting the case overview.
6. REPORTS, RECORDS and PERSONNEL.
a) Processing and maintenance of investigation reports.
(1) Upon request from the SMART Commander, Supervisor, or designee, the
Skagit 911 Dispatch Center will assign a Law Incident Case Number
generated through Skagit County's public safety database currently managed
through SPILLMAN® software ("SPILLMAN") to a SMART investigation.
All original reports, statements, and other documentation shall be identified by
this case number. Records staff from the participating agencies will have
access to SPILLMAN to transcribe their investigator's reports using the
SMART case number.
(2) The SMART Commander may partition the case in SPILLMAN and limit
access when the narrative is sensitive and confidentiality is needed for case
integrity.
(3) The Venue Agency may use or designate a separate SPILLMAN Law Incident
Case Number for its originating incident but that number will remain separate
from the SMART Investigation case.
(4) Report processing.
(i) Investigators will deliver their completed reports to the SMART
Supervisor for review and approval.
(ii) The Team Supervisor will deliver approved case reports to the Case
Manager as soon as practical.
(5) Maintenance of original records.
(i) For an Officer Involved investigation that does not involve a
Sheriff's deputy, records will be maintained by the Skagit County
Sheriff's Office.
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(ii) For an Officer Involved investigation that involves a Sheriff's
deputy, records will be maintained by the SMART Commander's
agency. If the Commander is from the Sheriff's Office, he/she would
step out of that role and the Assistant Commander would step in to
command the investigation (as long as they were from another
agency). If it is determined that an alternate Commander or
Assistant Commander is required to maintain investigation integrity,
the Executive Board may appoint a qualified officer to fill the
position for the duration of the investigation,
(iii) For any SMART investigation required because need exceeds the
Venue Agency's resources, the Venue Agency shall be maintain
reports.
b) Personnel.
(1) Law enforcement agencies providing personnel to the SMART will track
successfully completed training and make it available to the SMART
Commander as requested.
(2) Incidents covered by this agreement can expose individuals to traumatic
experiences. Upon an investigation team member's request or as
recommended by a Team supervisor, commander, or executive board, Critical
Incident Stress Management (CISM) services should be made available to any
and all members of the SMART by the member's law enforcement agency.
(3) Personnel may be removed from the SMART without cause by the SMART
Commander or by his/her agency
(4) In the event of a conflict between terms within this Agreement and a Party's
collective bargaining agreement, terms within the collective bargaining
agreement shall control.
c) Investigation review.
(1) Upon the conclusion of a SMART investigation, the SMART Commander
will schedule a timely debriefing for SMART Investigators. The debriefing
shall review each investigator's involvement in the case, assign out any
additional tasks that may need completing, and ensure equipment is returned
in working order for future callouts. The SMART Supervisor shall facilitate
the debriefing.
(2) A formal SMART Use Review will be scheduled no later than 30 days from
demobilization. The purpose of this review will be to improve readiness and
identify training needs by reviewing roles, responsibilities, communication
lines, investigative systems, and equipment applied during the Team's
activation.
(3) The SMART Commander or his/her designee shall prepare and report findings
from the Use Review to the Executive Board. The SMART Commander will
communicate any findings that involve the Venue Agency to the Venue
Agency.
(4) Each party's law enforcement agency shall communicate the findings of the
Use Review to appropriate staff and shall train or retrain as appropriate.
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7. INDEMNIFICATION.
Each party agrees to be responsible and assume liability for its own wrongful and/or negligent
acts or omissions or those of their officials, officers, agents, or employees, and further agrees to
save, indemnify, defend, and hold the other party(ies) harmless from any such liability for the
wrongful and/or negligent acts or omissions of the indemnifying party or of the indemnifying
party's officials, officers, agents, or employees.
For the purpose of indemnification, persons assigned to SMART shall be deemed to be, at all
times, continuing under the control and employment of his or her assigning jurisdiction and its
law enforcement department. It is mutually agreed by the participating agencies that any control
exerted by SMART supervisors shall not supersede this clause.
It is intended that no liability shall attach to any party by reason of entering into this Agreement
except as expressly provided herein.
Each party shall give written notice to the Executive Board, and the legal departments of the
parties, of any act or occurrence that the party reasonably believes may lead to a claim or
demand that may be subject to the indemnity provisions of this agreement. Such notice shall be
given within 5 days after the incidence of such act or occurrence has come to the notifying
party's knowledge.
8. DISPUTE RESOLUTION AND VENUE.
a) Mediation. Any controversy, claim or dispute, including claims and counterclaims by
the parties concerning the making, formulation,validity, obligations and duties under
and/or breach of a party's obligations under this Agreement and issues related to the
existence, interpretation and enforceability of the mediation and arbitration provisions
of this Agreement shall be subject to mandatory mediation. A competent mediator
shall be chosen by agreement of the parties. If the parties are unable to agree on a
mediator, a party may request that the Presiding Judge for Skagit County Superior
Court for the State of Washington appoint a mediator.
b) Arbitration. If not resolved within fifteen days after selection or appointment of a
mediator(or such longer period as may be mutually agreed upon by the parties), any
controversy, claim or dispute, including claims and counterclaims by the parties,
concerning the making, formation,validity, obligations and duties under and/or
breach of a party's obligations under this Agreement and issues related to the
existence, interpretation and enforceability of the mediation and arbitration provisions
of this Agreement, shall be adjudicated by binding arbitration. The arbitration shall
take place in the administrative offices of Skagit County, or such other place as the
parties may agree. One neutral arbitrator shall be selected by mutual agreement.
When applicable expedited arbitration procedures shall be used. The arbitrator shall
have the power and authority to grant legal and equitable remedies in accordance with
the provisions of this Agreement. The arbitrator shall have the authority to authorize
or require discovery of the kinds provided for by the Washington Rules of Civil
Procedure. The decision of the arbitrator shall be final and binding. The costs of
arbitration shall be borne equally by the parties unless the arbitrator rules otherwise.
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c) Compelling and Enforcing Arbitration. Mediation and arbitration under this
paragraph 8 may be compelled and a decision of the arbitrator pursuant to sub-
paragraphs B or D may be enforced through appropriate judicial proceedings initiated
in the Skagit County Superior Court.
9. EMPLOYER DESIGNATION-STATUS OF PARTIES
a) The parties agree that while performing any portion of the work described in this
Agreement each police officer shall remain, for all purposes and issues of liability,
the employee of the officer's originating employer. Each officer's originating
employer shall remain obligated for that employee's benefits, of any nature, and all
federal and state employment tax obligations as if that employee were performing the
listed functions for its originating employer. The intent of this paragraph is to avoid
the creation of a "borrowed employee" situation as the party's officers perform the
functions laid out in this Agreement.
b) Nothing contained herein shall be construed to imply a partnership,joint venture, or
principal and agent relationship between the parties. No party to this Agreement shall
have any right, power or authority to create any obligation, express or implied, on
behalf of the other unless expressly provided for in writing.
10. TERM OF AGREEMENT. The term of this Agreement shall be from date signed by
the participating municipalities 2013 and shall continue until terminated pursuant to Section 10
of this Agreement.
11. TERMINATION. Any party hereto may terminate its participation in this Agreement
upon thirty (30) days' notice in writing either personally delivered or mailed postage-prepaid by
certified mail, return receipt requested, to each remaining party to the Agreement. In cases where
the withdrawing agency is receiving SMART assistance, the termination shall not be effective
until the conclusion of the SMART investigation. A party's decision to terminate its participation
in the SMART does not affect the participation of remaining parties under this Agreement. A
terminating party shall be liable only for performance rendered or costs incurred in accordance
with the terms of this Agreement prior to the effective date of termination.
12. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS. The
Agreement may be changed, modified, amended or waived only by written agreement executed
by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be
considered a waiver of any prior or subsequent breach.
13. SEVERABILITY. In the event any term or condition of this Agreement or application
thereof to any person or circumstances is held invalid, such invalidity shall not affect other
terms, conditions or applications of this Agreement which can be given effect without the invalid
term, condition, or application. To this end the terms and conditions of this Agreement are
declared severable.
14. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed
upon by the parties. All items incorporated herein by reference are attached. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
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DATED this /11 day of l)e,740k ' , 2013.
CITY OF ANACORTES:
DEAN MAXWELL, ayor
Mailing Address:
City of Anacortes
City Hall
P.O.Box 547
Anacortes,WA 98221
Approved as to content:
CHIEF OF POLICE
Approved as to form:
CITY ATTORNEYS
Attest:
4ôiQ
CIT CLERK
Interlocal Agreement for SMART
Page lj of23
DATED this c day of (0e her- , 2013.
CITY OF BURLINGTON:
STE SEXTON, Mayor
Mailing Address:
City of Burlington
City Hall
833 S.Spruce St.
Burlington,WA 98233
Approved as to content:
i
CHIEF OF POLICE 2
Approved as o fo :
CIT ATS % EY
-
Attest:
CITY CLE
Interlocal Agreement for SMART
Page 12 of 23
DATED thise a of I")OVJ6M" ', 2013.
Y
CITY OF MOUNT VERNON:
B UDREAU,Mayor
Mailing Address:
City of Mount Vernon
City Hall, 2nd Floor
910 Cleveland Avenue
P.O. Box 809
Mount Vernon, WA 98273
A oved as to e :
n)
IEF OF POLICE
Approved as to form:
CITY ATTORNEY
Attest:
Avc
CITY CLERK
Interlocal Agreement for SMART
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DATED this day of OJQ-vr.. 3-e✓' ,2013.
CITY OF SEDRO-WOOLLEY:
A D
Mailing Address:
City of Sedro-Woolley
325 Metcalf Street
Sedro-Woolley WA 98284
Appro ed as t to to .
INV
CHIEF OF 'OL E
Appro as to form:
C 1' Y ATTORNEY
Attest: j� +{��(j
�d ' 4 Tl� i 1Cr'�—'
CITY( , .RK
Interlocal Agreement for SMART
Page 14 of 23
DATED this day of 0 , 2013.
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
Sharon D. Dillon, Chair
$-Y -177727\_.
Ron Wesen, Commissioner
ABSENT
Attest: Kenneth A. Dahlstedt, Commissioner
t61 .0--,CtkOiAALIAA0.4r-
Clerk of the Board
Recommended:
Will Reichardt, Skagit County Sheriff
Approved as to form:
Civil Deputy Prosecuting Atto ey
Approved as to indemni ca ' n:
id
Ris ager
Approved as to budget:
/ �/
Budget &Finance Dir.tor
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ATTACHMENT 1: SMART Structure
Skagit County Sheriff
Chiefs of Police
Commander, Washington State Patrol for Skagit-Island-
Whatcom County
Skagit County Multiple Agency Response
Team Structure
VENUE AGENCY
SKAGIT COUNTY ; ► Public information Officer
PROSECUTOR Multiple Agency Investigative Team
Commander
Public Records Requests
Assistant Team Commander
-- u
1
Lead Supervisor Case Manager
SF
• �ssi!
• Y V S
• sc
Investigators • Pal,
• SC;
Evidence Tech's, Support Services
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ATTACHMENT 2: Command Personnel and Responsibilities
SMART COMMANDER
Maintains a command level rank and is appointed by the Executive Board for a two year term.
The Executive Board may extend the service based on mutual agreement. He/she is responsible
for all aspects of managing and coordinating SMART Team readiness to include equipment
readiness, personnel training, situational assessments, developing investigative
priorities/objectives and managing all operations as needed for an investigation.
Administrative Responsibilities:
• Develop a roster of investigators, specialists and equipment available for callout.
• Update training records for those assigned to SMART responsibilities annually.
• Arrange, coordinate and record all Team training and attendance.
• Manage financial transactions/records of the Team.
• Assume Investigative Command responsibilities when requested.
• Report SMART activities to the Executive Board annually.
Investigative Command Responsibilities:
• Command and control for all aspects of the investigative response including situational
assessment, developing investigative priorities/objectives and managing the operation.
• Ensure safety and welfare of all personnel assigned to the investigation including any
citizens directly or indirectly impacted.
• Consult with Skagit County Prosecutor regarding legal issues.
• Designate the SMART Supervisor& approve tactics to accomplish the objectives.
• Report status/progress to the Venue Agency Chief, Sheriff or designee.
ASSISTANT SMART COMMANDER
Possesses a command level rank and is appointed by the Executive Board for a two year term.
The Executive Board may extend the service based on mutual agreement. He/she is responsible
for assuming all aspects of the SMART Team Commander's duties in his/her absence.
Key Responsibilities:
• Provide assistance to the SMART Commander as needed for administrative tasks.
• Report to the SMART Commander.
• Assist with investigative strategy development.
• Provide public information regarding the status/progress of the investigation or establish
a formal Public Information Officer function.
• Conduct safety audits of the scene, personnel &methods.
• Coordinate with Venue Agency security supervisor.
• Liaison to community/business surrounding crime scene area addressing concerns, access
restrictions, timelines, etc.
Interlocal Agreement for SMART
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ATTACHMENT 3: SMART Structure(Optional) for SMART Assisting an Agency Investigation
SKAGIT COUNTY ;
PROSECUTOR
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Lead Lead Lead Specialized Services
Crime Scene Processing Suspect Apprehension Evidence Collection, Consults w/Command or
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Investigator Investigator Investigator WSP Crime Lab
Investigator Investigator Investigator SC Coroner
i. Investigator Investigator Evidence Tech Polygraph Examiner
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Investigator - Investigator Evidence Tech SARNolunteers
Interlocal Agreement for SMART
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ATTACHMENT 4: Investigation Team Personnel and Responsibilities
GENERAL: Participating in the SMART is voluntary and requires approval from the member's
agency and the SMART Commander.
SMART command staff, including supervisors and team leaders, and investigators, shall be a
general authority Washington peace officer who either works full-time for a city or county law
enforcement agency or has such status under the Tribal Police Officers Act, chapter10.92 RCW.
Individuals with part-time or prior experience working in non-investigative areas will be referred
or approved between the agency head and the SMART Commander.
Participants shall acknowledge the additional workload demands and potential hazards involved
with this type of assignment including, but not limited to, extended hours of work, availability
for callout with little or no notice, and exposure to potential hazards at crime scenes.
The SMART Commander will review a proposed member's training, experience, and
performance and may consult with team supervisors before final acceptance occurs. Work
assignments will be based on the individual's investigative training and experience.
SMART COMMANDER
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Administrative Responsibilities:
• Develop a roster of investigators, specialists and equipment available for callout.
• Update training records for those assigned to SMART responsibilities annually.
• Arrange, coordinate and record all Team training and attendance.
• Manage financial transactions/records of the Team.
• Assume Investigative Command responsibilities when requested.
• Report SMART activities to the Executive Board annually.
Investigative Command Responsibilities:
• Provide command and control for all aspects of the investigative response including
situational assessment, developing investigative priorities/objectives and managing the
operation.
• Ensure safety and welfare of all personnel assigned to the investigation including any
citizens directly or indirectly impacted.
• Consult with Skagit County Prosecutor regarding legal issues.
• Designate the SMART Supervisor and approve tactics to accomplish the objectives.
• Report status/progress to the Venue Agency Chief; Sheriff or designee.
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ASSISTANT SMART COMMANDER
Possesses a command level rank and is appointed by the Executive Board for a two year term.
The Executive Board may extend the service based on mutual agreement. He/she is responsible
for assuming all aspects of the SMART Team Commander's duties in his/her absence.
Key Responsibilities:
• Provide assistance to the SMART Commander as needed for administrative tasks.
• Report to the SMART Commander.
• Assist with investigative strategy development.
• Provide public information regarding the status/progress of the investigation or establish
a formal Public Information Officer function.
• Conduct safety audits of the scene, personnel &methods.
• Coordinate with Venue Agency security supervisor.
• Liaison to community/business surrounding crime scene area addressing concerns, access
restrictions,timelines, etc.
SMART SUPERVISOR
The SMART Supervisor is designated by the Team Commander. The SMART Supervisor will
take direct charge of the crime scene investigation. In the event teams of investigators are
created to handle certain tasks or areas, one person from each team shall be designated the
Lead Investigator and report back to the SMART Supervisor. :
If multiple supervisors are required, only one will be designated as the SMART Supervisor, the
remainder will be Lead Investigators or general investigators.
Key Responsibilities:
• Reports to the Team Commander.
• Develops investigative tactics to accomplish objectives outlined by the Investigation
Commander.
• Supervises all personnel and resources committed to the investigation.
• Develops specific methods for preserving,processing and collecting evidence.
• Develops investigative timelines.
• Organizes processes to collect victim, witness & suspect interviews.
• Participates in meetings or consults with the Prosecutor as needed.
• Coordinates investigative processes with specialized services (WSP Crime Lab, Coroner,
Polygraph, etc.)
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CASE MANAGER
Every investigation needs a person;or persons who we assigned to track the arse details from
start of the investigation through,prosecution stages. This function he familiar with all
aspects of the case in order,to be responsive to requests from agencies like the prosecutor's
office. Case Manager(s) are selected by the SMART Supervisor as early as possible in the
investigation and remain until reassigned.
Key Responsibilities:
• Report to the SMART Supervisor.
• Responsible have a working knowledge of all aspects of the case.
• Respond to requests from the prosecutor's office.
• Coordinate responses with the SMART Commander/Supervisor to the Venue Agency.
• Review all investigator reports.
• Confirm evidence collection is accurately reported.
INVESTIGATORS&LEADS(TEMPORARY)
Investigators are4'comprised of those currently assigned to the Participating Agency's Criminal
Investigations Division. Selection and assignment of specific investigatory tasks will be at the
direction of the SMART Supervisor or his/her designee.
Leads, in the event teams of investigators are created to handle certain.tasks or areas (hospital
scene, outdoor scene, interviews, etc), one person may be designated the Lead Inves€igator°.
Once the task is complete, Leads return to their normal assignmenst.
Key Responsibilities - Investigators:
• Report to the SMART Supervisor or assigned Lead.
• Responsible for specific investigative tasks as assigned.
• Work collaboratively with other investigators &personnel to accomplish tasks.
• Prepare investigative reports to document work as required.
• Maintain proficiency with various equipment and contemporary investigative practices.
• Report safety issues or concerns.
Key Responsibilities - Leads:
• Report to the Lead Supervisor.
• Responsible for personnel or resources within a defined task or area. (Example:
Neighborhood canvass, scene documentation, evidence collection, witness interviews, a
specific geographic area, etc.).
• Develop investigative approaches for the specific assignment.
• Supervise all personnel and resources assigned to him/her.
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• Develop timelines to accomplish assigned tasks.
• Coordinate investigative processes with specialized services (Prosecutor, Crime Lab,
Coroner, etc.)within the specific task or area assigned.
EVIDENCE TECHNICIANS
Evidence Technicians shall help with tabulating, collecting, packaging, transporting and storing
evidence. Other dutieithin the scope of their assignment and training may be assigned.
Key Responsibilities:
• Report to the SMART Supervisor or Lead Investigator.
• Responsible for specific evidentiary collection, packaging or transport tasks.
• Establish packaging logs and appropriate audit trails for collected items.
• Assess appropriate transportation needs.
• Solve special evidence collection/packaging challenges — Haz Mat, oversized items,
storage space limitations, etc.
• Work collaboratively with other investigators&personnel to accomplish tasks.
• Prepare investigative reports to document work as required.
• Report safety issues or concerns.
PUBLIC INFORMATION OFFICER (PIO)
The Team Commander will designate a PIO at all investigation scenes. The PIO serves as an
information conduit to the organized media. The PIO will ensure that all information is accurate,
objective and factual and shall coordinate its release information through the SMART
Commander. At incidents where the media is on-scene and a PIO is not immediately available
the Team Commander or his/her designee may provide preliminary statements to the media. In
the event the media does not respond to the scene of an investigation but still contacts the
affected agencies requesting information, the media will be instructed to first contact the
designated PIO assigned to the investigation
Key Responsibilities:
• Report to the Team Commander.
• Assist news personnel in covering news stories at the scene of incidents.
• Is reasonably available for on-call responses to the news media.
• Is available for after hours call-out.
• Prepare and distribute agency news releases.
• Arrange for and assist at news conferences.
• Coordinate and authorize the release of information about victims, witnesses, and
suspects.
• Coordinate and authorize the release of information.
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ATTACHMENT 5: MINIMUM OUALIFICATIONS FOR TEAM INVESTIGATORS
GENERAL AUTHORITY
• General authority Washington peace officer who works full-time for a city or county law
enforcement agency and is commissioned to enforce the criminal laws of the State of
Washington.
• Tribal police officers recognized and authorized to act as general authority Washington
peace officers under the Tribal Police Officers Act, chapter10.92 RCW.
BASIC TRAINING
• Criminal Investigations
• Basic Homicide Investigation
• Crime Scene Investigation
• Reid Technique of Interviewing and Interrogation
• Officer Involved Shooting Investigation
• In-Custody Death Investigation
• WSP Evidence, Collection &Packaging/Crime Scene Laboratory Services
• Cell Phone Forensic extraction (Cellebrite)
ADVANCED TRAINING
The following are recommended courses for investigators:
• Advanced Homicide Investigation
• Advanced Reid Interviewing and Interrogation
• Blood Spatter
• Crime Scene Photography
• Cell phone tracking
• GPS Tracking
• DNA collection
• Sudden Infant Death Syndrome
• Excited Delirium and Positional Asphyxia
• Other related training, seminars, and conferences or on-going training as offered by CJTC
or other training venues on an as available basis.
IN-SERVICE TRAINING
• Monthly area detectives meetings.
• At least annually, an exercise or training that mobilizes the entire team.
Interlocal Agreement for SMART
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