HomeMy WebLinkAbout20-198-APD-001 Interlocal Agreement COA#20-198-APD-001
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
THE CITY OF ANACORTES, THE CITY OF BURLINGTON,
THE CITY OF MOUNT VERNON, THE CITY OF SEDRO-WOOLLEY, THE CITY OF
OAK HARBOR, ISLAND COUNTY, SKAGIT COUNTY, AND THE WASHINGTON
STATE PATROL
THIS AGREEMENT ("Agreement") is entered between the City of Anacortes, The City of
Burlington, the City of Mount Vernon,the City of Sedro Woolley,the City of Oak Harbor,
Island County, Skagit County, and the Washington State Patrol 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, as allowed under
WAC 139-12, 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 the existing Skagit and Island County Multiple Agency Response Team (SMART)
Memorandum of Understanding requires further revision after the State of Washington adopted
new legislation governing "independent investigative teams", including SMART, responsible for
investigating officer involved deadly use of force.
WHEREAS The State legislation governing independent investigative teams went into effect
January 2020 under RCW 10.114.011 and WAC 139-12. RCW 10.114.011 requires law
enforcement to implement WAC 139-12 requirements that further refine definitions, best
practices and procedures for an independent investigation of officer involved use of force
resulting in great bodily harm, substantial bodily harm or death, completely independent of the
involved agency.
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
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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 infoiivation 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
conviction rates; and
WHEREAS the protocol for the use of resources from multiple agencies:
a) Fosters public trust by conducting professional, independent, transparent, credible,
and consistent investigations of criminal incidents involving police employees;
b) Provides a multi jurisdictional response to criminal or fatal incidents involving police
employees;
c) Provides greater efficiency and effectiveness during large scale criminal acts by
employing a multi-disciplinary response; and
d) Offers flexibility to employ investigative methods and tools that are practical and
appropriate for given circumstances; and
WHEREAS the team approach used since 2013 for investigating complex criminal acts has
proven to offer increased staffing during critical time periods,allow for sharing of equipment when
allowed under WAC 139-12, and investigative tools that small agencies may not have,provide an
unbiased, independent, transparent, credible and competent investigation when police personnel
are implicated, and take advantage of individuals possessing specialized training;
NOW THEREFORE, the parties agree as follows:
1. PURPOSE. This agreement is intended to adopt Washington State RCW 10.114.011 and
WAC 139-12 requirements and protocols for the Skagit and Island 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, as
allowed or required under WAC 139-12. The SMART will be activated upon the request of the
Involved Agency (The agency that employs or supervises the officer(s) who used deadly force.
See section 5.) to handle qualifying incidents including, but not limited to:
a) Use of deadly force by a peace officer resulting in death, substantial bodily harm, or
great bodily harm.
b) Intentional and accidental officer-involved shootings, including police tactical
incidents involving specialized response teams.
c) Intentional or accidental use of any other dangerous or deadly weapon.
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d) 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.
e) 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.
f) Any fatal or serious injury in police custody.
g) Any fatal or serious injury of an inmate at the Skagit County or Island County Jail that
occurs as a result of the use of force by a jail employee.
h) Vehicular collisions involving police gunfire directed at the suspect or the suspect
vehicle.
i) 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.
j) 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.
Additionally, for events not involving law enforcement deadly use of force (outside of the scope
of RCW 10.114.011 and WAC 139-12), SMART may be requested by a Venue Agency (the
agency with primary jurisdiction of an event. See section 5.) to assist with significant criminal
events that exhaust an individual agency's resources:
a) Crimes of violence such as homicide, aggravated assault, rape, arson, kidnapping,
robbery or as determined by the Executive Board;
b) Serial crimes involving arson, rape, robbery, burglary, etc.;
c) "Crime spree" crimes with similar characteristics occurring in multiple jurisdictions;
d) 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.
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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, as allowed under WAC 139-12,
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 Involved or Venue
Agency upon the approval by the Involved or Venue Agency head.
3. SMART STRUCTURE AND DUTIES. Upon request of the Involved Agency, the
SMART will assume full and independent control of an investigation into an officer-involved use
of force incident where great bodily harm, substantial bodily harm or death 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 use of force 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.
Every member assigned to the SMART is subject to his/her own agency's policies and procedures,
WAC 139-12 requirements, 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; (5) adoption of SMART policies
and procedures. (6) Appoint the SMART leadership team which may include a team commander,
assistant commander, or co-commander. (7) Appoint at least two non-law enforcement
community representatives who have credibility with and ties to communities impacted by police
use of deadly force as prescribed in WAC 139-12.
Members of the Executive Board shall include:
a) Skagit County Sheriff;
b) Island County Sheriff;
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c) Chief of Police,Anacortes Police Department;
d) Chief of Police, Burlington Police Department;
e) Chief of Police, Mount Vernon Police Department;
f) Chief of Police, Sedro-Woolley Police Department;
g) Chief of Police, Oak Harbor Police Department; and
h) Commander District 7, Washington State Patrol.
In the event an officer involved investigation is or becomes an investigation of a Chief of Police
or County Sheriff, that agency shall be deemed ineligible under this Agreement to utilize the
SMART. Nothing in this Agreement shall prevent a member agency from entering into
agreements with any law enforcement or specialized service agency to assist or conduct such
investigations.
3-2. Prosecuting Attorney. The Skagit County Prosecuting Attorney shall be the legal advisor
for the SMART investigations occurring in Skagit County. The Island County Prosecuting
Attorney shall be the legal advisor for the SMART investigations occurring in Island County. In
the event the incident extends between both counties,the county prosecutor of the incident where
the primary use of law enforcement force occurs shall be the legal advisor for the SMART
investigation.
3-3. SMART Command.
a) SMART Commander: The Executive Board shall appoint a SMART Commander, a
commissioned peace officer of command rank with previous experience in criminal
investigations 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(s): The Executive Board shall also appoint up to two
Assistant Commander(s), who are commissioned peace officers with previous
experience in criminal investigations of command rank from a participating law
enforcement agency.The term of appointment for the position of Assistant Commander
will be two years. 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).
3-4. Public Records Act and Open Public Meetings Act. The parties recognize that it will
be necessary for personnel assigned to SMART to maintain SMART investigation records in a
secure environment appropriate to the circumstances. The parties further recognize and
acknowledge that SMART is not a legal entity subject to legal process. As a result each party is
independently responsible for responding to requests for records under the Public Records Act,
Chapter 42.56 RCW.
Requests for public records addressed to individual agencies or generically to SMART will be
promptly forwarded to the SMART records manager for processing who will coordinate, with
the receiving agency,the mailing of an appropriate response to the requestor within five business
days as required by RCW 45.56.520(1) and the review and production of requested records held
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by the records manager. Where appropriate, a copy of a generic request for public records will be
sent to each agency to determine whether it holds SMART records or other records that may be
responsive to the request. When similar requests for SMART records are received by two or
more agencies, an effort should be made to obtain clarification from the requestor to avoid
duplication of effort.
As a public body, the Executive Board is subject to the Open Public Meetings Act.
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. The SMART Commander shall ensure that investigative requirements of WAC 139-
12 are met.
If SMART is requested to assist with an investigation that exceeds the capabilities of a Venue
Agency, as defined in section 5-2 below, 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.
For incidents not involving deadly use of force and when the Venue Agency provides the
Investigation Commander, SMART may assign an assistant commander to work in conjunction
with the Venue Agency.
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).
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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. Non-Law Enforcement Community Members.
• Participate directly in the vetting, interviewing, and/or selection of SMART investigators.
• Review conflict of interest statements submitted within seventy-two hours of the
commencement of an officer involved use of force investigation.
• Be present at the briefings with the involved agency(s) Chief or Sheriff;
• Have access to the investigation file when it is completed;
• Be provided a copy of all press releases and communication to the media prior to release;
• Review notification of equipment use of the involved agency.
The non-law enforcement community representatives must sign a binding confidentiality
agreement at the beginning of each police use of deadly force investigation that remains
in effect until the prosecutor of jurisdiction either declines to file charges or the criminal
case is concluded. If the confidentiality agreement is violated,the non-law enforcement
representative may be subject to prosecution under RCW 9A.76.020 (Obstructing a law
enforcement officer) and chapter 10.97 RCW, Washington State Criminal Records
Privacy Act. For the purpose of this chapter, "criminal background information" is the
same as "criminal history information" as defined in RCW 10.97.030(4).
4-7. SMART Team Member Reviews. Upon entry into this agreement, Existing SMART
team members or their agencies shall provide necessary information about the qualifications of
current SMART team members to the non-law enforcement community representatives for
review of the members by January 2021. Any law enforcement officer seeking selection for
participation as a SMART team member or increase in responsibilities as a SMART team
member shall be vetted and interviewed by the community representatives prior to participation.
4-8. Family Liaison. A member of the SMART will be assigned as a family liaison within the
first twenty-four hours and keep the family, or a representative of the family's choice, apprised of
all significant developments in the independent investigation and will give the family advance
notice of all scheduled press releases.
4-9. Tribal Liaison. If the person against whom deadly force is used is, or is believed to be a
member of a federally recognized tribe, a member of the SMART will be assigned as a tribal
liaison within the first twenty-four hours and keep the tribe (or a representative of the tribe's
choice) apprised of all significant developments of the investigation, and provide advance notice
of all scheduled press releases.
4-10. 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;
b) Public disclosure and records management for all records held by the SMART; and
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c) Crime scene safety and security.
5. INVOLVED AND VENUE AGENCY
5.1 Involved Agency.
The Involved Agency is the agency that employs or supervises the officer(s) who used deadly
force. There can be more than one "involved agency."
Involved Agency obligations. When SMART assistance is desired,the Involved Agency shall:
a) Rendered the scene safe and provide or facilitate life-saving first aid to persons at the
scene who have life-threatening injuries.
b) Immediately call SMART — 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) After the SMART has been notified, shift focus to the protection and preservation of
evanescent evidence in order to maintain the integrity of the scene until SMART
arrives.
d) Relinquish control of the scene to SMART after SMART arrives, and the SMART
commander has the appropriate resources on scene.
e) Not allow any member of the Involved Agency to participate in any way in the
investigation of police use of deadly force conducted by SMART, with the following
exception:
Specialized equipment belonging to the involved agency may not be used by
SMART unless: 1 -no reasonable alternative exists;2 -the equipment is critical
to carrying out the independent investigation; and 3 -the use is approved by the
SMART commander.
f) Provide security and other support as required and allowed under WAC 139-12;
g) Agree to be responsible for all reasonable investigative expenditures, including the
costs of storing and handling extraordinary items such as vehicles, HAZMAT, etc.;
h) Allow SMART personnel access to all available documents, reports and information
regarding the incident and investigation
i) Refer all media requests for information about the SMART investigation to the
SMART Public Information Officer assigned to the investigation.
j) Except as may be required by law and only after notice to the SMART Commander,
not release any information that may compromise a SMART investigation.
k) Not release any criminal background information of person against whom deadly force
was used per WAC 139-12.
1) Notify the SMART Commander and the Governor's office of Indian affairs (GOIA) in
accordance with RCW if the person against whom deadly force is used is,
or is believed to be a member of a federally recognized tribe, and;
m) Not furnish"prohibited content"as described in WAC 139-12 to the SMART to include
any compelled statements of involved officers or any investigative content that was
informed by such compelled statements. The Involved Agency will immediately notify
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the SMART commander if they become aware that "prohibited content" has been
furnished to SMART.
5-2. Venue Agency
The Venue Agency is the law enforcement agency with jurisdiction over a non-deadly force crime
or incident requiring investigation. When a non-deadly force 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.
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;
f) 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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5.3. SMART Obligations and Limitations to Keep the Involved or Venue Agency
Informed.
Involved Agency— No information about the ongoing independent investigation of police use
of deadly force will be shared with any member of the involved agency, except limited briefings
given to the Chief or Sheriff of the Involved Agency about the progress of the investigation so
that they can manage the internal administrative investigation and communicate with their
community about the progress of the investigation.
If the Chief or Sheriff of the Involved Agency requests that SMART release body cam video or
other investigation information of urgent public interest,the SMART commander should honor
the request with the agreement of the prosecutor of jurisdiction.
The SMART commander or other representative of SMART will provide public updates about
the investigation at a minimum of once per week, even if there is no new progress to report.
When an independent investigation is complete the information will be made available to the
public in a manner consistent with applicable state law.
Venue Agency -The following shall only apply to investigations that do not involve police use of
deadly force.
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 Venue 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 a 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. This
meeting is intended to brief the Involved or Venue Agency's Chief or Sheriff on what occurred
during the incident and what investigative steps were taken. The SMART Supervisor and Case
Manger will be responsible for presenting the case overview.
6. REPORTS,RECORDS,EVIDENCE 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
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through Skagit County's public safety database currently managed through
Motorola FLEX® software ("FLEX") 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 FLEX
to transcribe their investigator's reports using the SMART case number.
(2) The SMART Commander may partition the case in FLEX and limit access
when the narrative is sensitive and confidentiality is needed for case integrity.
(3) The Involved or Venue Agency may use or designate a separate FLEX 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 Skagit
County Sheriffs deputy, records will be maintained by the Skagit
County Sheriff's Office.
(ii) For an Officer Involved investigation that involves a Skagit County
Sheriffs deputy, records will be maintained by the SMART
Commander's agency. If the Commander is from the Skagit County
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 non-deadly force SMART investigation required because
need exceeds the Venue Agency's resources,the Venue Agency shall
maintain reports.
b) Evidence.
(1) Storage and disposition of evidence obtained during a SMART team
investigation shall be done pursuant to the evidence policies of the agency
assigned the task of storing evidence.
(2) Legal advice pertaining to disposition of such evidence shall be provided by
the County Prosecutor where the agency assigned the task of handling
evidence collection is located.
c)Personnel.
(1) Law enforcement agencies providing personnel to the SMART will track
successfully completed training, to include training required under WAC 139-
12, and make training records available to the SMART Commander as
requested.
(2) Agencies will endeavor to qualify their investigators assigned to SMART as
"Qualified Lead Investigators" as defined in WAC 139-12. Upon successful
completion of "Qualified Lead Investigator" requirements, an investigator's
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parent agency will submit necessary records to CJTC to request a "Qualified
Lead Investigator" certificate. A copy of the "Qualified Lead Investigator"
certificate will be provide to the SMART commander upon
issuance.(3)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.
(4)Personnel may be removed from the SMART without cause by the SMART
Commander or by his/her agency.
(5)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.
(6) Nothing in this Agreement shall prevent an individual from speaking or
otherwise presenting about incidents covered by this Agreement where such
incidents do not involve ongoing investigations, open criminal cases or civil
litigation matters involving the member agency. Personnel may only speak or
present on behalf of the SMART with permission from the Executive Board.
Personnel may speak or present on their own time and in their personal capacity
without such permission but are nevertheless encouraged to seek and obtain
permission whenever possible.
(7) The parent agency, upon assigning an investigator to SMART, affirms that the
investigator has a demonstrated history of honorable behavior. Investigators
assigned to SMART are expected to have a work history free of a sustained
finding of serious misconduct and/or a pattern of sustained complaints and a
personal history free of demonstrable bias or prejudice against community
members that may be impacted by the police use of deadly force. Examples of
disqualifying sustained misconduct and/or personal history include,but are not
limited to, discrimination of any type, based on protected classes identified
under RCW 49.60.030(1), theft, fraud, dishonesty, and abuse of authority
including, but not limited to theft, falsifying an official police record or making
a false statement,serious ACCESS (a centralized computer enforcement service
system) violations, obtaining or disclosing confidential information, and
excessive use of force. Dishonorable behavior including, but not limited to,
harassment, bullying, aggressive or intimidating behavior, or threats of
violence,including domestic violence. Parent agencies shall notify the SMART
commander immediately upon a change in status of"demonstrated history of
honorable behavior" as outlined in WAC 139-12 for a SMART assigned
investigator.
(8)The Chief or Sheriff of a member agency,and SMART commander shall review
the appointment of their SMART members who have served three years for
possible rotation or replacement.
d) 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
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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.
(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.
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, foiiiiulation,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,
V-8-12-2020 Interlocal Agreement for SMART
Page 13 of 32
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.
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) Each agency/jurisdiction that selects a non-law enforcement community representative
assigned to the SMART pool shall have its Human Resources Department enroll the
Community Representative as a volunteer for that agency/jurisdiction. Such enrollment
provides workers compensation coverage for the Community Representative, which
reduces the risk of a civil claim for damages and personal injury, and ensures the
Community Representative is covered by the selecting municipality's Risk Pool,which
will help protect the municipality should the Community Representative be the cause
of injury or damage.
c) 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 and shall continue until terminated pursuant to Section 11 of this
Agreement.
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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.
V-8-12-2020 Interlocal Agreement for SMART
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DATED this day of (Ck-{J`p2.tc- , 2020.
CITY OF ANACORTES:
LAURIE ERE,Mayor
Mailing Address:
City of Anacortes
City Hall
P.O. Box 547
Anacortes,WA 98221
Approved as to content:
e'tis
_>dr1,4-V
CHIEF 0 OLICE
Appr ved as t •
C ATT
Attest/:
W 0
CITY CLERK
V-8-12-2020 Interlocal Agreement for SMART
Page 16 of 32
DATED this I day of 13 e 2020.
CITYI.)1 BURLINGTON:
STE V-I,SEXTON',Mayor
Mailinu Address:
City of Burlington
City Hall
833 S. Spruce St.
Burlington,WA 98233
Approved as tot.entelit:
CHIEF OF PI 1(
Approved as to than:
Cfl
Y ATTORNIY
Attes
7
ClICCERK
V-8-12-2020 Interlocal Agreement for SMART
Page 17 of 32
DATED this this day of OtiC1-2-Vvi,c_tc._ ,2020.
CITY OF MOUNT VERNON:
JFIL
OUDREAU, Mayor
Mailing Address:
City of Mount Vernon
City Hall, 2nd Floor
910 Cleveland Avenue
P.O. Box 809
Mount Vernon, WA 98273
A ved as t lontent:
C F OF POLICE
Approved as to form:
,
CITY ATTORNEY
Attest:
CITY CLERk.
V-8-12-2020 InterIocal Agreement for SMART
Page 18 of 32
DATED this CdT hi day of /9CCC"/''7 rg C , 2020.
CITY OF SEDRO-WOOLLEY:
JULIA,I HNSON, 14ayor
Mailing Address:
City of Sedro-Woolley
325 Metcalf Street
Sedro-Woolley WA 98284
Approved as to content:
CHIEF OF POLICE
Approved a,to form:
I d
' ff f}
,114/140
CITY�AT"TORNEI
Attest:
CITY CL RK
V-8-12-2020 Interlocal Agreement for SMART
Page 19 of 32
---;, i,- . ,
DATED this '-'-- , '' dm of '1- - - -7, . 1020.
CITY OF OAK IIARBM:
:
i
ROBWZISVNERNS, Mayor
Mailing Address:
City of Oak Harbor
865 SE Barrington Drive
Oak Harbor WA 98277
Approved as to7content:
p '
/ 'j. /
HIEF OF 01,ICE
Appr wed as to Jorm:
i7
. , .
------ -
'IT AT c Z I.:Y
Attest:
CITY CLERK .
V-8-12-2020 Interlocal Agreement for SMART
Page 20 of 32
STATE GOVERNMENT AGENCY:
Washington State Patrol
Dated thistg______day of (�.4 2020.
ihq lelogyet
. , 4-is./.54esivi ;:it iiiive Ir'-' ale--
0JO}-IN R.BATISTE
Chief,Washington State Patrol
Mailing Address:
210 11th Ave. SE
P.O. Box 42600
Olympia, WA 98504-2600
V-8-1.2-2020 Interlocal Agreement for SMART
Page 21 of 32
DATED this ,, day of -).00',-c,;,;1, ...e ( , 2020.
-------1
BOARD OF COUNTY COMMISSIONERS
ISLAND COUNTY,WASHINGTON
K-S21-----,,--
J(/:\NET ST)((LAIR, Clair
.. .,
::./C,!'''.( -,,, '''':,:-,.'•:- .;;;\ ,
,'",',
it0 1,,,-;.- ;,3 IELEN PRICE JOHNSON, IVle-Mber
t-,:iLf,
',
4
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,, 0 .
.4„11,--IsHING,„? „ . , -- ,., , c,„,,......„„,„
Attest: -
AL2>.,,-,-.1N, (.,),NVItelnhier
,
,
\\ \NA \ I
Clerk t6f the Board : \
Recommended:
Rick RAU; Island County Sheriff
Approved as to form:
„.-------_---":- —-----
..„--- ..," -------\
.,...
Gregory Banks, Prosecuting Attorney
Approved as to indemnification:
4 19 I
Risk Manager
V-8-12-2020 Interlocal Agreement for SMART
Page 22 of 32
DATED this 2.1 day of ` LI J 14 gt, ,2020.
(J BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
h1/e \
Ron Wesen, Chair
2.)t4,41. a ../.%.OrtiA
Kenneth A. Dahlstedt, Commissioner
Attest: Lisa Janicki, Com i ioner
---k10141N)
Clerk of the Board
Recommended:
Don McDermott,Skagit County Sheriff
Approved as to form:
Civil Deputy Prosecuting Attorney Reviewed: 8/17/20
Erik Pedersen
Approved as to indemnification:
Risk Manager
Approved as to budget:
Budget&Financeuedtbr
V-8-12-2020 Interlocal Agreement for SMART
Page 23 of 32
ATTACHMENT 1: SMART Structure
Skagit & Island County Sheriff
Chiefs of Police
Commander, Washington State Patrol for Skagit-Island-
Whatcom County
Skagit & Island Multiple Agency Response
County Team Structure
e y <
� L
SKAGIT/ ISLAND ; Public Information Officer
COUNTY SMART
PROSECUTOR Commander Public Records Requests
L
Community Representatives
Assistant Team Commander
Family/Tribal Liaison
Lead Supervisor Case Manger
SPECIAL SERVICES
• Skagit/Island County Coroner
• WSP Crime Lab/Team
• SC/IC Search & Rescue
Investigators • Polygraph Examiner
• SC/IC/OH/MV Tactical
1
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. Commander terms will stagger to avoid experience loss from term expirations. 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.
• 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
• Community Representative functional oversight.
• 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 Involved 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. Commander terms will stagger to avoid experience loss from term expirations. 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:
• Reports to the SMART Commander.
• Assists with investigative strategy development.
• Provides public information regarding the status/progress of the investigation or
establishes a formal Public Information Officer function.
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• Conducts safety audits of the scene, personnel & methods.
• Coordinates with Involved Agency security supervisor.
• Liaison to community/business surrounding crime scene area addressing
concerns, access restrictions, timelines, etc.
• Update training records for those assigned to SMART responsibilities annually.
• Arrange, coordinate and record all Team training and attendance.
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ATTACHMENT 3: SMART Structure (Optional) for SMART Assisting an Agency Investigation
SKAGIT or ISLAND Incident tommend
COUNTY Venue Agency
PROSECUTOR " (Designated by Venue Agency Chief/Sheriff)
_ Strategy
Investigations Command Assistant Investigations
Commander.
Venue Agency .----
(Agency's Investigations Commander) SMART Commander
Lead Supervisor Public Information
Venue Agency Investigations Supervisor
— Tactics or
SMART Supervisor
Public Disclosure
Crime Scene
Safety/Security
Lead Lead Lead Specialized Services
Crime Scene Processing Suspect Apprehension Evidence Collection, Consults w/Command or
Packaging, Storage Supervision
Investigator Investigator Investigator WSP Crime Lab
Investigator Investigator Investigator Coroner
Investigator Investigator Evidence Tech Polygraph Examiner
Investigator Investigator Evidence Tech SARNolunteers
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ATTACHMENT 4: Investigation Team Personnel and Responsibilities
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.
• Coordinate Family /Tribal Liaison function as required.
• 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.)
CASE MANAGER
Every investigation needs a person or persons who are assigned to track the case details
from start of the investigation through prosecution stages. This function will be 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:
• Reports 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 Involved
Agency.
• Review all investigator reports.
• Confirm evidence collection is accurately reported.
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Page 28 of 32
INVESTIGATORS & QUALIFIED LEAD INVESTIGATORS
Investigators are comprised of those currently assigned to the Participating Agency's
Criminal Investigations Division and vetted by assigned non-law enforcement community
representatives. Selection and assignment of specific investigatory tasks will be at the
direction of the SMART Supervisor or his/her designee.
Qualified Lead Investigators, 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 Investigator and report back to the SMART Supervisor.
Investigators must have a "lIT qualified lead investigator certificate"(or meet WAC
requirements until such certificate exists), and have met training and tenure as
defined in WAC 139-12 (Independent Investigation Team) to perform the Lead
function—applies during investigations of police use of deadly force. Once the task
is complete, Leads return to their normal assignment.
Key Responsibilities - Investigators:
• Reports to the SMART Supervisor or assigned Lead.
• Responsible for specific investigative tasks as assigned.
• Works collaboratively with other investigators & personnel to accomplish tasks.
• Prepares investigative reports to document work as required.
• Maintains proficiency with various equipment and contemporary investigative
practices.
• Reports safety issues or concerns.
Key Responsibilities - Leads:
• Reports 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.).
• Develops investigative approaches for the specific assignment.
• Supervises all personnel and resources assigned to him/her.
• Develops timelines to accomplish assigned tasks.
• Coordinates investigative processes with specialized services (Prosecutor, Crime
Lab, Coroner) within the specific task or area assigned.
EVIDENCE TECHNICIANS
The Evidence Technicians shall help with tabulating, collecting, packaging, transporting
and storing evidence. Other assigned duties within the scope of their assignment and
training may be assigned.
Key Responsibilities:
• Reports to the SMART Supervisor or Lead Investigator.
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Page 29 of 32
• Responsible for specific evidentiary collection, packaging or transport tasks.
• Establishes packaging logs and appropriate audit trails for collected items.
• Assesses appropriate transportation needs.
• Problem solves special evidence collection/packaging challenges — Haz Mat,
oversized items, storage space limitations, etc.
• Works collaboratively with other investigators & personnel to accomplish tasks.
• Prepares investigative reports to document work as required.
• Reports safety issues or concerns.
PUBLIC INFORMATION OFFICER
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 coordinate all released
information through the Investigations Commander ensuring that it is accurate, objective
and factual.
Key Responsibilities:
• Reports to the Team Commander.
• Assists 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.
• Prepares and distributes agency news releases.
• Arranges for and assists at news conferences.
• Coordinates and authorizes the release of information about victims, witnesses,
and suspects.
• Coordinates and authorizes the release of information.
• 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.
NON-LAW ENFORCEMENT COMMUNITY REPRESENTATIVES
In the event of a SMART Investigation involving police use of deadly force, the Team
Commander will coordinate with the SMART Executive Board and the Involved Agency
to identify two non-law enforcement community representatives from the existing roster
to participate in the investigation.
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Page 30 of 32
Key Responsibilities:
• Sign a binding confidentiality agreement at the beginning of each police use of
deadly force investigation that remains in effect until the prosecutor of jurisdiction
either declines to file charges or the criminal case is concluded.
• Review conflict of interest statements submitted by all participating SMART
investigators within 72-hours of the commencement of each investigation.
• Be present at briefings with the Involved Agency Chief or Sheriff.
• Review notification of equipment use of the involved agency.
• Be provided a copy of all press releases and communication to the media PRIOR
to release.
• Representatives will have access to the investigation file when it is completed.
Additional Non-Investigation Duties:
• Participate directly in the vetting, interviewing and/or selection of SMART
investigators.
FAMILY LIAISON
In the event of a SMART Investigation involving the police use of deadly force, a member
of SMART will be assigned as a family liaison within the first 24-hours.
Key Responsibilities:
• Keep the family, or a representative of the family's choice, apprised of all significant
developments in the SMART investigation.
• Give the family and the Involved Agency notice of all scheduled press releases.
• Coordinate with the SMART Commander to insure specific family needs/ requests
are handled as efficiently and effectively as possible.
TRIBAL LIAISON
In the event of a SMART Investigation involving the police use of deadly force, where the
person against whom deadly force is used is, or is believed to be a member of a federally
recognized tribe, a member of SMART will be assigned as a tribal liaison within the first
24-hours.
Key Responsibilities:
• Keep the tribe, or a representative of the tribe's choice, apprised of all significant
developments in the SMART investigation.
• Give the tribe and the Involved Agency notice of all scheduled press releases.
• Coordinate with the SMART Commander to insure specific needs/ requests of the
tribe are handled as efficiently and effectively as possible.
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Page 31 of 32
ATTACHMENT 5: MINIMUM QUALIFICATIONS 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
• 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 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.
LEAD Investigators— REQUIRED
• Basic Homicide Investigation
• Interviewing & Interrogation
• LETCSA Violence De-escalation and Mental Health training
• SMART members who have two years or more relevant, full-time criminal investigative work
experience may substitute their work experience for the required training courses.
• Obtain a CJTC "IIT qualified lead investigator certificate" (or meet WAC 139-12 qualified
lead requirements until such certificates exists).
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