093-20 - Various Agencies - ContractContract No. 093-20
Kitsap Critical Incident Response Team
Memorandum of Understanding
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This Kitsap Critical Incident Response Team Interlocal Cooperation Act Agreement ('Agreement')
is entered into by the undersigned under the authority of RCW 10.93.130 and Chapter 39.34 RCW
for the purpose of providing mutual investigative aid as described herein. It is not intended as
legal authority for the admissibility or non -admissibility of evidence developed in the course of an
investigation. The provisions of this Agreement should not be used as the basis for the dismissal
of any criminal charges arising from an investigation developed pursuant to this memorandum.
Similarly, the provisions of this Agreement should not be used as the basis of any civil claims
stemming from a deviation from the guidelines set forth herein.
RECITALS:
WHEREAS, the Washington Mutual Aid Peace Officers Powers Act is intended to facilitate
Mutual Aid (defined below) and cooperative enforcement of the laws among general authority
local, state, and federal agencies (RCW 10.93.0Q (1j); and
WHEREAS, the parties utilizing this Agreement have previously mutually authorized each
other to exercise police powers in their respective jurisdictions as evidenced by documents on file
with the Washington Association of Sheriffs and Police Chiefs; and
WHEREAS, the State of Washington requires that investigations of officer -involved uses
of deadly force be independent of the involved agency; and
WHEREAS, the purpose of this Agreement is to establish a multi -agency team that is
available to participating agencies to independently investigate incidents involving a law
enforcement officer or correctional officer and which result in death or great bodily injury to the
officer or another. This includes incidents involving the use of deadly force by an officer, in -
custody deaths and officer -involved collisions; and
WHEREAS, the Parties herein do not intend to create through this Agreement a separate
legal entity subject to suit; and ,
WHEREAS, nothing herein is intended to in any way limit the authority of law
enforcement to act in those circumstances set forth in RCW 10.93.070 (1) through (6) as now
enacted or as hereafter amended.
NOW THEREFORE, the Parties agree as follows:
1. PARTIES TO THE AGREEMENT
The parties to this agreement are the Washington state, county, tribal, and city government(s)
that operate the participating agencies. They are referred to herein as "Participating Agencies"
or "Parties."
2. PARTICIPATING AGENCIES
The "Participating Agencies" are the following departments of the Parties to the Agreement:
1.1 Bainbridge Island Police Department
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1.2
Bremerton Police Department
1.3
Kitsap County Sheriff's Office
1.4
Port Orchard Police Department
1.5
Poulsbo Police Department
1.6
Shelton Police Department
1.7
Suquamish Police Department
1.8
Washington State Patrol
3. DEFINITIONS
Best practices: Methods, techniques, and procedures that have consistently shown by
research and experience to produce superior results and are established or
proposed as a standard, suitable for widespread adoption in the law
enforcement profession.
Chief Law
Enforcement Officer
or CLEO:
Critical Incident:
The Sheriff or Chief of Police, also referred to as CLEO in this agreement,
of Participating Agency.
Any incident in which:
a) A law enforcement or corrections officer's use of force results in death,
substantial bodily harm, or great bodily harm to another.
b) A crime results in the death of, or substantial bodily harm to, or great
bodily harm to, a law enforcement officer.
c) An in -custody death occurs.
d) An officer is involved in a fatal collision.
Deadly force: The intentional application of force through firearms or any other means
reasonably likely to cause death or serious physical injury.
Evanescent evidence: Physical evidence that may be degraded or tainted by human or
environmental factors if left unprotected or unpresetved for the arrival of
KCIRT or; identification and contact information for witnesses to the
incident.
Incident Commander: The command -level officer who responds to the scene of a Critical Incident
and is responsible for the management of the investigation, including
developing objectives, directing operations, coordinating with other
entities, and applying resources and manpower to accomplish objectives.
The Incident Commander will typically be the KCIRT Administrator or
Assistant Administrator but, in their absence, may be another command -
level officer qualified to act as the incident commander.
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Incident Supervisor: An experienced investigator of supervisory rank who oversees the
investigative personnel at a Critical Incident and reports to the Incident
Commander.
In -Custody Death: The death of any person who is detained, arrested, being transported to a
facility for incarceration, or incarcerated in local facilities. Excludes deaths
caused by disease or other natural condition that occur while an Inmate is
under a physician's care, except that deaths involving custodial trauma or
custodial suicide while under a physician's treatment are considered In -
Custody Deaths.
Involved Agency: The agency employing an Involved Officer or an agency in whose custody
a person dies in circumstances amounting to an In -Custody ❑cmth. The
involved agency may also be the Venue Agency.
Involved Officer: A law enforcement officer or corrections officer:
a) Whose actions result in death or substantial bodily harm, or great bodily
harm to another or who is killed or seriously injured by the actions of
another.
b) In whose custody a person dies.
c) Is involved in a vehicle collision in which someone dies.
KCIRT: The Kitsap Critical Incident Response Team. A team of investigators who
can be called upon by any of the Participating Agencies to independently
investigate critical incidents, meeting the independent investigative team
(IM requirements of Chapter 139-12_ WAC.
KCIRT Administrator: An officer with command rank (Lieutenant or higher) designated by the
KCIRT Board of Directors to oversee KCIRT.
Assistant Administrator: An officer with command rank (Lieutenant or higher) designated by the
Board of Directors to assist the KCIRT Administrator and lead KCIRT in the
absence of the KCIRT Administrator.
KCIRT Protocols: Uniform procedures and guidelines for the investigation of officer involved
in Critical Incidents derived from best practices and which are intended to
produce a thorough, impartial, and transparent investigation.
Mutual Aid: Includes but is not limited to, one or more law enforcement agencies aiding
or assisting one or more other such agencies through loans or exchanges
of personnel or of material resources, for law enforcement purposes. RCW
10.93.020(10)
Prohibited content: Information, which if shared between members of the KCIRT investigative
team and any member of the Involved Agency, could adversely affect
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public confidence in the integrity or independence: of the investigation. This
includes but is not limited to compelled statements taken from Involved
Officers, any investigative information or content derived from a compelled
statement, or any information or evidence collected or produced by the
independent investigation.
Venue Agency: The agency with primary territorial jurisdiction, as defined by RCW
10.93.020(7). The Venue Agency may also be the Involved Agency.
4. GOVERNANCE
KCIRT is governed by a Board of Directors composed of the Chief Law Enforcement Officers
(CLEOs), or their designees, of the Participating Agencies.
The Board should meet at least annually or more frequently as needed.
Representatives from the Kitsap County Prosecutor's Office will have a non -voting advisory
position on the Board.
Each Participating Agency shall have one vote. The Board of Directors shall only act with a
quorum present, with a quorum being four. All Board actions and decisions are approved and
adopted by simple majority of the membership.
The Board will approve protocols developed to guide KCIRT investigations.
The Board, excluding the CLEO of the Involved Agency, is the final authority on any questions
regarding the conduct of the independent investigation that cannot be resolved at a lower level.
The Board, excluding the CLEO of the Involved Agency and the Prosecutor's Office representative,
will review investigation summaries prior to submittal to the Prosecutor's Office.
S. AUTHORITY & IMPLEMENTATION
The decision to implement Mutual Aid under this Agreement rests entirely with the Chief Law
Enforcement Officer of the Venue Agency.
Participating Agencies are not obligated to request that KCIRT investigate a Critical incident
occurring in their jurisdiction and may request other agencies or resources conduct an
independent investigation.
6. KCIRT ADMINISTRATOR / ASSISTANT COMMANDER
Participating Agencies may submit for the Board's consideration a list qualified command -level
officers with previous experience in criminal investigations to fill the positions of KCIRT
Administrator and Assistant Administrator.
The KCIRT Board of Directors will appoint a KCIRT Administrator and Assistant Administrator for
a two-year term from the list of qualified command -level officers submitted by Participating
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Agencies. The term of the KCIRT Administrator and/or Assistant Administrator may be extended
or terminated at the discretion of the Board.
The KCIRT Administrator and Assistant Administrator will be from different agencies.
The KCIRT Administrator, or in their absence the Assistant Administrator, will generally serve as
the Incident Commander at a Critical Incident unless they are an employee of the Involved
Agency.
In the absence of the KCIRT Administrator and Assistant Administrator, another qualified
command -level officer from a non-involved agency may serve as the Incident Commander.
The KCIRT Administrator, or in their absence the Assistant Administrator, will be responsible for
providing oversight of investigations as well as maintaining the readiness and training of the unit.
The KCIRT Administrator will develop and periodically update the protocols which guide KCIRT
investigations and which align with homicide investigation best practices published by the
Washington State Criminal Justice Training Commission. The KCIRT Administrator will submit
newly developed or updated protocols to the Board for approval.
The KCIRT Administrator will ensure that current KCIRT procedures, names of investigators,
supervisors, commanders, and the non -law enforcement community representatives will be
available to the public on each Participating Agency's website.
The KCIRT Administrator will submit an annual written report to the Board which summarizes the
previous year's activities and includes a review of KCIRT investigations, training, and any lessons
learned. The report should also identify any needs and establish goals for the coming year.
7. KCIRT INVESTIGATORS
The KCIRT Administrator will have until January 2021 to provide the qualifications of current
KCIRT investigators to the non -law enforcement community representatives for review.
For new investigators, a participating agency (employing agency) that proposes to have its
detective assigned to KCIRT will schedule a KCIRT selection panel for interviewing and reviewing
the background of the prospective investigator. The following process applies:
a. The KCIRT selection panel may be part of the employing agency's selection process or a
separate process conducted after the employing agency's appointment of their detective.
b. The panel will include, at a minimum, the KCIRT Administrator or another member of
KCIRT designated by the KCIRT Administrator. The KCIRT member assigned to the
selection panel may not be from the employing agency.
c. The panel will include a non -law enforcement community member selected by the CLEO
or designee of the employing agency.
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d. The prospective investigator will be asked a series of standardized questions developed
by the KCIRT Administrator, and approved by the KCIRT board, for use in all KCIRT
selection panels.
e. The employing agency may use the KCIRT selection panel as part of their internal selection
process, sit on the KCIRT selection panel and ask additional questions of the prospective
investigator.
f. The KCIRT member on the KCIRT selection panel will forward a recommendation to the
KCIRT Administrator.
g. The KCIRT Administrator will ensure all prospective KCIRT investigators meet any time,
rank, or training prerequisites of Chapter 139-12 WAC and forward a recommendation
and panel comments to the KCIRT Board.
h. The KCIRT Board will make final approval or disapproval of the prospective investigator's
KCIRT membership.
Investigators assigned to KCIRT are expected to have a work history free of a sustained finding
of serious misconduct, a pattern of sustained complaints and demonstrable bias or prejudice
against community members that may be impacted by the police use of deadly force, as
enumerated in Chapter 139-12 WAC.
A team member may be removed from KCIRT at any time by their own agency. A team member
may also be removed from KCIRT upon recommendation of the KCIRT Administrator and approval
by the KCIRT Board.
The KCIRT Board and the KCIRT Administrator will, on an annual basis, review the performance
of investigators who have served on KCIRT for three years. They will determine whether the
investigator is eligible for continued retention on the team.
8. LEAD INVESTIGATOR
Chapter 139-12 WAC requires that those who are assigned to a lead investigator role for an
independent investigative team (IIT) meet certain experience and training requirements and hold
an "IIT qualified lead investigator certificate" issued by the Washington State Criminal Justice
Training Commission.
The KCIRT board has identified the Incident Commander and Incident Supervisor as the "lead
investigators" for the purposes of meeting the requirements of WAC 139-12 and those members
requiring an "IIT Qualified Lead Investigator" certification.
To obtain an "IIT Qualified Lead Investigator" certificate, members must provide proof of at least
three years of uninterrupted experience as a certified peace officer, crime scene investigator, or
related expertise in a discipline relevant to investigations. They must also provide proof of
successfully completing the prescribed training classes, or appropriate equivalent experience,
listed below:
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a. Basic homicide investigation.
b. Interviewing and interrogation.
c. LETCSA Violence de-escalation and mental health training.
KCIRT members who have two or more years of relevant, full-time criminal investigative work
experience may substitute their work experience for the required basic training classes.
KCIRT members who do not meet the training requirements are eligible to participate in KCIRT
investigations, but not in a lead position.
9. NON -SWORN KCIRT MEMBERS
Non-commissioned investigative members of KCIRT (i.e. crime scene investigators, evidence
technicians, etc.) are not required to obtain the qualified lead investigator certificate. The KCIRT
Administrator will establish reasonable non-commissioned training requirements in the KCIRT
protocols.
10. TRAINING
Participating Agencies agree to provide their investigators with the training on the following core
areas prior to their assignment to KCIRT, or as soon as reasonably possible thereafter:
a. Interview and interrogation
b. Basic Homicide investigation
c. Officer -involved shooting investigation
d. LETCSA Violence de-escalation and mental health training
The KCIRT shall train as a unit at least annually for a minimum of eight hours. Annual training
may include criminal investigation topics recommended by Cha er 139-12 WAC.
11. NON -LAW ENFORCEMENT COMMUNITY REPRESENTATIVES
Each CLEO of a Participating Agency will solicit names of community members who are interested
in serving as non -law enforcement community representatives to KCIRT. The community
members should have credibility with, and ties to, communities impacted by police use of deadly
force. The KCIRT Board will create a roster of non -law enforcement community representatives
who will be assigned to the selection of KCIRT investigators or participate in a KCIRT investigation
as described below.
The KCIRT Administrator will have until January 2021 to provide the qualifications of current
KCIRT investigators to the non -law enforcement community representatives for review.
At least two non -law enforcement community representatives, selected by the C.E.O. of the
employing agency, will review the qualifications of current investigators and participate in the
vetting, interviewing, and/or selection of new KCIRT investigators.
At least two non -law enforcement community representatives will be assigned to each KCIRT
investigation into an officer's use of deadly force. Community members who live in the jurisdiction
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where the Critical Incident occurred will generally be called upon to participate in that
independent investigation. Community members from other jurisdictions may also be called upon
based on availability, conflicts of interest or other issues preventing some from participating. The
non -law enforcement community representatives will:
a. Review conflict of interest statements submitted within seventy-two hours of the
commencement of each investigation by the investigators;
b. Attend any briefing with the Involved Agency Chief Law Enforcement Officer;
c. Have access to the investigation file when it is completed;
d. Be provided a copy of all press releases and communication to the media prior to
release; and
e. 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.
12. ACTIVATION
The KCIRT Administrator will be responsible for implementing and routinely updating a system
for activating KCIRT through Kitsap 911.
The Chief Law Enforcement Officer of the Venue Agency, or their designee, can request KCIRT
activation by contacting Kitsap 911.
When activated, the team will respond to the location designated by the KCIRT Incident
Commander. The team members assigned to an investigation shall remain available from the time
of the call -out until deactivated. Investigators will be assigned tasks at the direction of the
Incident Commander or Incident Supervisor.
Participating agencies recognize that follow-up meetings and additional investigative work will be
required beyond the initial call -out to complete the investigation. Participating Agencies will
ensure that every reasonable effort is made to allow the KCIRT investigators to meet these
commitments.
The KCIRT Administrator may consult with the designated Kitsap County Prosecutor's Office
representative, as needed, throughout the investigation.
13. INDEPENDENT INVESTIGATION REQUIREMENT
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No employee of an Involved Agency shall participate in the investigation of a Critical Incident or
attend any related investigative activities (e.g., interviews of the Involved Officers or other
witnesses), where KCIRT has assumed responsibility for the investigation. Nothing in this
Agreement shall preclude an officer employed by an Involved Agency from:
1. Acting as a first responder to the scene of the incident,
2. Providing or facilitating medical assistance to any injured person,
3. Clearly marking and protecting the scene,
4. Locating and preserving evanescent evidence or
5. Participating in a search for, or pursuit of, any persons suspected of a crime related
to the incident.
In locating and preserving evanescent evidence, Involved Agency personnel may photograph or
use other methods of documenting the location of physical evidence and take steps to identify
persons who may have witnessed the Critical Incident.
Once KCIRT investigators arrive at the scene of a Critical Incident, and the KCIRT Incident
Commander has the appropriate resources on scene, the Involved Agency will transfer control of
the scene to KCIRT and provide any information pertaining to evidence and witnesses.
14. CONFLICT OF INTEREST
Within seventy-two hours of the commencement of each investigation, investigators and non -law
enforcement community representatives must complete a "conflict of interest" assessment tool
developed by the Washington State Criminal Justice Training to evaluate any connection between
KCIRT investigators assigned to the investigation and the officers being investigated.
The conflict assessment, when developed by the Washington State Criminal Justice Training
Commission, will include questions about prior interactions or relationships with officers being
investigated, and will address social conflict, work conflict, and bias.
The conflict assessment will be reviewed and discussed by the non -law enforcement community
representatives and the KCIRT Administrator. The CLEO of the Involved Agency may also
review the assessment.
The KCIRT Administrator, Incident Commander, Incident Supervisor or the CLEO of the Involved
Agency may order the recusal of any investigator, or take such actions that may be needed, to
ensure the impartiality of the investigation.
Participating Agencies shall have an ongoing responsibility to notify the KCIRT Administrator and
the Chief Law Enforcement Officer of the Involved Agency of any newly discovered information
related to a conflict of interest.
15. INVESTIGATIONS
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KCIRT will conduct a thorough investigation of Critical Incidents. The independent investigation
will follow accepted best practices for homicide investigations published by the Washington State
Criminal Justice Training Commission and incorporated in KCIRT protocols.
The investigation file should provide the prosecutor with sufficient information to make an
evaluation of whether the use of deadly force met the good faith standard established in RCW
9A.16.040 and satisfied other applicable laws and policies.
If the investigation establishes a crime was committed by any person involved in the incident, the
probable cause should be presented to the prosecutor, even if the person in deceased.
The determination regarding which agency will investigate any crime associated with the incident
will be made by the Incident Commander be in consultation the KCIRT Administrator, Involved
CLEO, Venue CLEO and the Prosecutor. A primary factor in this determination will be the degree
of separation by time and distance between the underlying crime and the officer's use of deadly
force.
Investigators from participating agencies who are assigned to a KCIRT investigation shall be
subject to the KCIRT chain -of -command for the duration of the initial call -out and for subsequent
follow-up assignments related to the investigation.
Participating agencies recognize that, once activated for an investigation, their investigators are
committed to KCIRT for the duration of the investigation, or until released by the Incident
Commander, and may be required to report to work and conduct investigative activities outside
their jurisdiction. Participating agencies that wish to recall their investigators prior to their release
by the KCIRT will consult with the KCIRT Administrator.
The KCIRT Administrator will designate which agency is responsible for the storage of evidence
associated with the incident.
Participating agencies may request KCIRT assistance for other investigations not related to a
critical incident, such as a homicide.
KCIRT will not conduct administrative or internal investigations (i.e., non -criminal investigations).
The KCIRT investigation will have priority over the Involved Agency's internal process.
KCIRT will strive to present the completed case report to the Prosecutor's Office within three
months of the event. If there are delays in the investigation and this timeline cannot be met, an
explanation will be provided to the Chief Law Enforcement Officer of the Involved Agency by the
KCIRT Administrator and/or Incident Commander.
16. FIREWALLS
The KCIRT Administrator will create and enforce information firewalls to prevent information
sharing between KCIRT and the Involved Agency. The Involved Agency agrees not to provide or
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reveal prohibited content to KCIRT. KCIRT members will not accept or receive any prohibited
content from the Involved Agency or its employees.
To prevent secondary dissemination of investigative information, KCIRT members assigned to the
investigation will not discuss the investigation, including information about the incident uncovered
by the investigation, with non -team members without authorization from the Incident
Commander or Incident Supervisor.
If any member of KCIRT receives prohibited content, the investigator receiving the prohibited
information must immediately report it to the KCIRT Administrator or Incident Commander and
the member must discontinue participation in the investigation. The KCIRT Administrator or
Incident Commander will advise the prosecutor of the disclosure of prohibited content to the
Involved Agency. The information will be removed or isolated from the investigation unless the
prosecutor determines such action unnecessary.
17. FAMILY / TRIBAL LIAISONS
A family member of the person against whom deadly force has been used will be notified as soon
as they can be located by either the Involved Agency or KCIRT, whichever is faster.
A member of KCIRT 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 investigation and will give the family and the Involved Agency advance notice of all
scheduled press releases.
If the person against whom deadly force is believed to be a member of a federally recognized
tribe, a member of KCIRT 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.
The CLEO of the Involved Agency will notify the Governor's Office of Indian Affairs whenever an
officer's use of force results in the death of an enrolled member of a federally recognized Indian
tribe in accordance with the requirements of RCW 10.114.021.
18. RESPONSIBLITIES OF VENUE AGENCY
The Venue Agency shall ensure proper crime scene protection. This includes, but is not limited
to, immediately securing the crime scene, controlling access into the crime scene, recording the
names of individuals who have entered the crime scene, and taking reasonable steps to identify
and protect perishable evidence. Written reports shall be provided by all personnel who enter a
designated crime scene.
19. HOSPITAL SECURITY
If a law enforcement officer has been injured and transported to a hospital, the Involved Agency
will be responsible for coordinating security and assistance at the hospital.
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If a person has been injured by a law enforcement officer's use of deadly force and transported
to a hospital, the Involved Agency should coordinate with another agency to provide security
when reasonably able based on the circumstances.
If a person has been injured while in the custody of corrections officers and transported to a
hospital, uninvolved corrections officers may be assigned to provide security in addition to security
provided by a non-involved agency in order to meet any custodial duty requirements under the
law.
20. RESPONSIBILITIES OF PARTICIPATING AGENCIES
Each Participating Agency shall pay all wages and benefits due any of its employees providing
services under this Agreement, including overtime pay, worker's compensation benefits and death
benefits, in the same manner as when those employees are on duty working directly for their
employing agency.
Pursuant to RCW 10.93.040, personnel assigned to KCIRT investigations shall be considered
employees of their Participating Agency, which shall be solely and exclusively responsible for that
employee and shall not be considered for any purpose whatsoever to be employees or agents of
another Party to this Agreement.
Personnel assigned to KCIRT investigations shall conform to their employing agency's rules and
regulations.
Participating Agencies will post current KCIRT policies, operating procedures, names of
investigators, supervisors, commanders, and the non -law enforcement community
representatives to their respective public websites, as such information is furnished by the KCIRT
Administrator.
21. PROPERTY, EQUIPMENT AND SUPPLIES
The Participating Agencies do not anticipate the acquisition of property for the
performance of this Agreement and any property acquired by a Party during this
Agreement shall be held by the acquiring Party.
Each Participating Agency agrees to supply its own personnel with the necessary supplies to
participate in KCIRT (notebooks, cameras, tapes, electronic media, pens, etc.).
Equipment belonging to the Involved Agency may not be used during an independent
investigation of an officer's use of deadly force unless the equipment is critical to the investigation,
no reasonable alternative exists, and the use is approved by the KCIRT Administrator. If an
Involved Agency's equipment is used, the KCIRT Incident Commander will notify the non -law
enforcement community representatives to explain why the equipment needs to be used and the
steps taken to appropriately limit the role of any involved agency personnel in facilitating the use
of that equipment.
Each Participating Agency shall remain responsible for the ordinary wear and tear and routine
maintenance of its respective equipment used in support of this Agreement.
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Each Participating Agency will be responsible for repairing or replacing its equipment that may be
damaged during an investigation. If the cost is substantial, the agency whose equipment was
damaged may request to share the expense with other members, but no Participating Agency is
obligated to contribute.
22. EXPENSES
All normal personnel and operational costs related to the investigation shall be the responsibility
of the Participating Agencies providing members to the team.
Prior to incurring extraordinary costs associated with travel, custodial security, specialized
equipment, testing, or other expenses not otherwise specifically mentioned here, the KCIRT
Administrator will consult with the Chief Law Enforcement Officer of the Involved and Venue
Agency. Any such agreed -upon expenditures will be the responsibility of the Involved and Venue
Agencies unless reimbursement or cost -sharing agreements are reached between the
Participating Agencies on a case -by -case basis.
Unless a specific agreement to reimburse or pay expenses is adopted as provided herein, each
Party to this Agreement shall be responsible for individually budgeting sufficient amounts to fulfill
its obligations under this Agreement.
23. COMMUNICATIONS AND MEDIA RELATIONS
The Involved Agency should provide periodic public updates on matters not directly related to the
on -going KCIRT investigation of the incident.
The Incident Commander or other representative of the KCIRT will provide public updates on the
investigation at least weekly, even if there is no new progress to report.
A copy of all press releases and communication will be provided to the CLEO of the Involved
Agency and the two non -law enforcement community representatives assigned to each
investigation prior to release to the media.
Neither the Involved Agency nor KCIRT will provide the media with the criminal background
information of the person against whom deadly force has been used, unless it is specifically
requested, and release of the information is required by the Public Records Act or other applicable
laws.
A member of the KCIRT will be assigned within the first twenty-four hours as a liaison to the
family of any person against whom deadly force was used. The family liaison will 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 and the involved agency advance notice of all
scheduled press releases.
Participating Agencies recognize the importance of speaking with one voice and not releasing
information prematurely or releasing information that could hinder the investigation. The
Involved Agency, the Venue agency and the KCIRT Incident Commander will consult on the
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content of news releases or intended press conference statements prior to their release to the
media.
If the CLEO of the Involved Agency requests that KCIRT releases existing body cam video or
other investigation information of urgent public interest, the KCIRT Administrator should honor
the request with the agreement of the Prosecutor and subject to the limitations of release as
identified in RCW 42.56.240.
Nothing in this Agreement prevents or prohibits Participating Agencies and Parties to this
Agreement from fulfilling their obligations under various public disclosure and reporting laws,
including but not limited to Chapter 10.97 RCW and Chapter 42.56 RCW.
24. KCIRT RECORDS
All KCIRT Business Records (e.g., training records, selection records, rosters, end -of -year reports,
etc.) prepared, owned, or used by KCIRT will be retained by the Participating Agency employing
the KCIRT Administrator in accordance with Section 25 of this Agreement. When a new KCIRT
Administrator is appointed, the Participating Agency employing the current KCIRT Administrator
will transfer such records to the Participating Agency employing the new KCIRT Administrator at
the end of the current Administrator's term.
25. PUBLIC RECORDS REQUESTS
KCIRT is not an independent public agency that is separately subject to the Public Records Act
("PRA'% Chapter- 42.56 RCW. KCIRT has no employees, records custodian, or independent place
of business. Accordingly, each Participating Agency shall be responsible for retaining records it
or its employees prepare, own, or use in the course of KCIRT-related business in accordance with
applicable records retention schedules.
KCIRT will provide a complete file to the involved agency and the Prosecutor's Office at the
conclusion of the investigation. The file will included all records produced by investigators from
participating agencies and should be maintained in accordance with applicable records retention
schedules.
All requests for public records under Chapter 42.56 RCW ("public records requests' for records
relating to KCIRT business or KCIRT investigations shall be handled by the Participating Agency
or Party to the Agreement receiving the request ("Receiving Agency') in accordance with its own
policies and state law. Any liability, damages, causes of action, or claims in connection with a
public records request are the sole responsibility of the Receiving Agency.
Any Receiving Agency that reasonably believes other Participating Agencies or the KCIRT
Administrator have copies of records that qualify as the Receiving Agency's public records may
request these public records from the other Participating Agencies or the KCIRT Administrator.
In this case, the other Participating Agencies must make a good -faith effort to produce these
records to the Receiving Agency in a reasonably expedited fashion to enable the Receiving Agency
to meet its obligations under the Public Records Act. In the event the Receiving Agency requests
records from other Participating Agencies under this paragraph and the other Participating Agency
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or Agencies disagree that the records are the Receiving Agency's public records, the Receiving
Agency's determination shall govern, and the other Participating Agencies shall produce the
records at issue to the Receiving Agency.
The Receiving Agency should release records in consultation with the Kitsap County Prosecutor's
Office, the KCIRT Administrator, and any other Participating Agency involved in the KCIRT
investigation, or in the records at issue. The Receiving Agency has ultimate authority over what
exemptions to claim (if any) and what records to produce in response to the public records
requests it receives. The Participating Agency will provide reasonable assistance to the Receiving
Agency as necessary to access, view, and redact the records. To the extent practicable and lawful
under Chapter 42.56 RCW, the Receiving Agency will provide at least ten days' notice to any
Participating Agency that is implicated in any public records request before the Receiving Agency
releases any records. The purposes of this notice is to provide the Participating Agency a
reasonable opportunity to seek an injunction against disclosure under RCW 42.56.540 if it chooses
to do so.
26. REPORTING
The KCIRT Administrator or designee will provide a briefing to the Chief Law Enforcement Officer
of the Venue and Involved Agencies within seven days of an Critical Incident and on a regular
basis thereafter to keep them advised of matters of concern to their organizations.
Original records shall be maintained by each investigator's employing agency. Investigators from
the Participating Agencies will forward copies of their records related to the investigation to the
KCIRT Supervisor or the designated lead investigator.
When the investigation is complete, the KCIRT team will present the case to the Chief Law
Enforcement Officer of the Involved Agency and to the Prosecuting Attorney.
Copies of all information received or uncovered during the course of the KCIRT investigation will
be provided to the Prosecuting Attorney, the Venue Agency and the Involved Agency in the form
of a complete case file.
A partially complete case may be presented to the Prosecutor, for the sake of expediency, when
the investigative tasks that remain outstanding are not required for the finding of fact and are
expected to take a considerable time to complete (e.g., non -critical lab results).
Upon receipt of the case file, the Prosecutor will provide a timely review of and response to the
investigation in a manner consistent with applicable state law.
When an independent investigation is complete, the information will be made available to the
public in a manner consistent with applicable state law.
27. DURATION OF UNDERSTANDING
This Agreement shall take effect when it has been signed by the authorized representative of
each Participating Agency and Party to the Agreement and shall be renewed automatically on
the anniversary of the date of signing even if the signers to this Agreement no longer hold the
9.15.2020 Page 16 of 27
office they represented as signer, subject to termination as set forth herein. Prior to its entry
into force, this Agreement shall be filed with the Kitsap County Auditor's Office or, alternatively,
listed by subject on the web site or other electronically retrievable public source in compliance
with RCW 39.34.040.
28. TERMINATION, SUSPENSION, OR WITHDRAWAL FROM AGREEMENT
The duration of this Agreement shall be indefinite and continue until terminated by all the Parties
to the Agreement.
Any Party to this Agreement may withdraw from the Agreement ("Withdrawing Party'). However,
prior to said withdrawal being effective, the Withdrawing Party must give a minimum of ten (10)
days' written notice to the other Parties ("Notice'). Notice may be made by mailing the same to
all signatories (or anyone who has replaced the signatory in the same representative capacity for
each Party) and accounting for three (3) business days for the same. Further, in order for
withdrawal from the Agreement to be effective, all signatories (or anyone who has replaced the
signatory in the same representative capacity) for the Withdrawing Party must provide said
Notice.
Regardless of withdrawal, the terms of this Agreement shall apply in any situation where the
Withdrawing Party is then receiving and/or providing Mutual Aid to or from any other Participating
Agency or Agencies. Additionally, regardless of withdrawal, the terms of this Agreement under
the above -noted paragraph entitled "Public Records Requests" shall continue to apply.
In any event, regardless of the existence of this Agreement, withdrawal from this Agreement, or
signing of this Agreement, all law enforcement agencies will still have full authority to act pursuant
to RCW 10.93.070, Washington Mutual Aid Peace Officers Powers Act.
29. ADDITIONAL AUTHORITY
This Agreement shall be construed as additional authority and not as a limitation of any
preexisting authority of the Parties to the Agreement.
30. WAIVER
The failure of any Party to enforce a provision of this Agreement shall not constitute a waiver by
that Party of that or any other provision.
31. PARTIAL INVALIDITY OR SEVERABILITY
It is the intent of the Parties that if any part, term, or provision of this Agreement should be
adjudged invalid, the remaining portions of the Agreement shall continue in full force and effect.
Whenever possible, each provision of this Agreement shall be interpreted in such a way as to be
effective and valid under applicable law and consistent with the current Intergovernmental
Agreement for Mutual Aid Amongst Law Enforcement Agencies in Kitsap County, Washington.
9.15.2020 Page 17 of 27
32. AMENDMENTS
This Agreement may only be amended in writing and only when acknowledged by the authorized
signature of all Parties.
33. LIABILITY
RCW 10.93.040 and 10.93.060 and any other applicable provisions of Chapter 10.93 govern
liability and privileges and immunities available to the Parties under this Agreement. Nothing
contained in this Agreement shall be construed to alter the liability rules established in RCW
10.93.040 and .060 or to create a liability or a right of indemnification by any third party. This
Agreement shall not be construed to create a higher standard or duty of care for civil or criminal
liability against the Participating Agencies, their officials, employees, or agents.
34. SIGNATORIES' AUTHORITY
The authorized representatives signing below are signing this Agreement pursuant to RCW
10.93.070 and pursuant to the existing previously mutually authorized police powers in their
respective jurisdictions as evidenced by documents on file with the Washington Association of
Sheriffs and Police Chiefs. The authorization given by any Parry shall be effective on the date of
signature of that entity.
35. COUNTERPARTS AND FACSIMILE
The Parties agree that this Agreement may be executed in multiple counterparts and, upon such
execution, all the counterparts taken together shall constitute one and the same Agreement.
Counterparts and signatures transmitted by facsimile or email shall be valid and effective as
originals.
36. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
37. NONDISCRIMINATION
No Party shall discriminate against any person on the basis of race, color, creed, religion,
national origin, age, sex, marital status, sexual orientation, veteran status, disability, or
other circumstance prohibited by federal, state, or local law, and shall comply with Title
VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990
in the performance of this Agreement.
38. NO THIRD -PARTY BENEFICIARY
The Parties agree that nothing contained in the Agreement shall create any legal right or
inure to the benefit of any third party and nothing in this Agreement shall be construed
9.15.2020 Page 18 of 27
as giving any benefits, rights, remedies or claims to any other person, firm, corporation
or other entity, including, without limitation, the general public or any member thereof,
or to authorize anyone not a Party to this Agreement to maintain a suit for breach of
contract, personal injuries, property damage, or any other relief in law or equity in
connection with this Agreement.
39. INTEGRATION
This Agreement contains all terms and conditions agreed upon by the Parties, except
necessary operational policies and procedures in furtherance hereof and supersedes any
other agreement or understanding of the Parties relating to the subject matter of this
Agreement. No other understanding, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind the Parties.
IN WITNESS WHEREOF, the Parties by the signatures of their authorized representatives have
executed this Agreement effective on the date shown by each signature.
[SIGNATURES TO FOLLOW ON NEXT PAGE)
9.15.2020 Page 19 of 27
City of Bremerton
By:
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Greg Wheeler
Mayor
Date: 1%/ +% 1 Z G$ o
By: —
Jim Burchett
Chief of Police
Date: // - 3 - ZG ?-°
9.15.2020 Page 21 of 27
Kitsap County
M
Da
DATED N4 day of Or, 106-V 2020.
BOARD OF COUNTY COMMISSIONERS
COUNTY, WASHINGTON
CHARLQ-1PE GARRIDO, Chair
ROBERT GELDER, Commissioner
WO'C pRES'W
EDWARD E. WOLFE, Commissioner
A ST:
Dana Daniels, Clerk of the Board
9.15.2020 Page 22 of 27
City of Port Orchard
By:
Rob Putaansuu
Mayor
Date: ( Z 9 �Z
By:
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Matt Brown
Chief of Police
Date: 12 . 1 0. zo zc
9.15.2020 Page 23 of 27
City of Poulsoo
By:
Becky Erickson
Mayor
Date:
Ron Harding
Chief of Police
Date:
Page 23 of 26
Clallam County
William Benedict
Clallam County Sheriff
Date: - cI
Bya `0 lto.OL
Mark Nichols
Clallam County Prosecutor
Date:
By:
Mark Ozias
Clallam County Commissioner
Date: d k,
Page 26 of 26
City of Shelton
By:
Kevin Dorcy �
Mayor
Date:
By;
Chiei ur ranee
g,is,zozo Page 25 of 27
Washinaton State Patrol
Bye
John R. Batiste or designee
Chief
Date:
9.is,zozo Page 27 of 27