17-104.05 Spokane County: Law Enforcement Services Amendment 05
N022 - 03 9 6
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING AN )
INTERLOCAL AGREEMENT AMONG SPOKANE )
COUNTY, THE SPOKANE COUNTY SHERIFF, ) RESOLUTION
AND THE CITY OF SPOKANE VALLEY )
REGARDING LAW ENFORCEMENT SERVICES )
WHEREAS, pursuant to the Constitution and laws of the State of Washington, Spokane County,
Washington is a class A county duly organized and existing; and
WHEREAS, pursuant to the provisions of RCW 36.01.030, the powers of Spokane County can
only be exercised through the Board of County Commissioners of Spokane County, Washington ("Board"
or"Board of County Commissioners"); and
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board has the care of County
property and the management of County funds and business; and
WHEREAS, pursuant to chapter 36.28 RCW, the Spokane County Sheriff is the Chief Law
Enforcement Officer and Conservator of the Peace of Spokane County; and
WHEREAS, pursuant to chapter 39.34 RCW ("Interlocal Cooperation Act"), public agencies may
contract with each other to perform certain functions which each may legally perform; and
WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County
Sheriff to provide law enforcement services within its jurisdiction.
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Spokane
County, Washington, that either the Chairman of the Board, or a majority of the Board, be and is hereby
authorized to execute that document entitled "INTERLOCAL AGREEMENT FOR LAW
ENFORCEMENT SERVICES AS PROVIDED BY THE SPOKANE COUNTY SHERIFF'S OFFICE TO
THE CITY OF SPOKANE VALLEY" pursuant to which, under certain terms and conditions,the Spokane
County Sheriff will provide certain law enforcement services to the City of Spokane Valley.
PASSED AND ADOPTED this 1gj1ay of 2022.
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
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ATTEST: t.Ih�4NE
AL FRE , ice-Chair
inna Vasquez, Clerk of the B rd � JOSH KERNS, Commissioner
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INTERLOCAL AGREEMENT
FOR LAW ENFORCEMENT SERVICES
AS PROVIDED BY THE SPOKANE COUNTY SHERIFF'S OFFICE TO THE
CITY OF SPOKANE VALLEY
THIS AGREEMENT made and entered into among Spokane County, a political
subdivision of the state of Washington,having offices for the transaction of business at 1116
West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as
"COUNTY," the Spokane County Sheriff, a separate elected official of Spokane County.,
having offices for the transaction of business at 1100 West Mallon Avenue, Spokane,
Washington 99260,hereinafter referred to as "SHERIFF"and the City of Spokane Valley, a
municipal corporation of the state of Washington, having offices for the transaction of
business at 10210 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter
referred to as"CITY,"jointly hereinafter referred to as the "Parties" and individually referred
to as "Party".
COUNTY, SHERIFF and CITY agree as follows.
SECTION NO. 1: RECITALS AND FINDINGS
1.1 Under RCW 36.32.120(6), the Board of County Commissioners of Spokane County,
acting on behalf of Spokane County, has the care of County property and the management of
County funds and business.
1.2 Under chapter 39.34 RCW ("Interlocal Cooperation Act"),public agencies may contract
with each other to perform certain functions which each may legally perform.
1.3 Under chapter 36.28 RCW, the Spokane County Sheriff is the Chief Law Enforcement
Officer and Conservator of the Peace of Spokane County.
1.4 The City of Spokane Valley desires to utilize the services of the Spokane County Sheriff s
Office to provide law enforcement services.
1.5 The direct and indirect costs for law enforcement services will be set forth in the Law
Enforcement Cost Allocation Plan ("LECAP"), described in Section 6 and incorporated
herein by this reference.
1.6 The Parties, in providing these law enforcement services, seek to make the CITY a crime-
free city.
SECTION NO. 2: DEFINITIONS
2.1 Agreement: "Agreement" means this Interlocal Agreement among Sheriff, City and
County regarding the provision of law enforcement services.
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2.2 City: "CITY"means the City of Spokane Valley.
2.3 County: "COUNTY"means Spokane County.
2.4 Dedicated CITY Officers: "Dedicated CITY Officers" means those commissioned
officers (SHERIFF Deputies) listed in Exhibit "3" that are 100% dedicated to providing
service to the CITY and who work under the supervision of the CITY Police Chief.
2.5 Services: "Services"means those services identified in Exhibit 1.
2.6 Sheriff: "SHERIFF"means the duly elected sheriff of Spokane County possessing those
general duties set forth in chapter 36.28 RCW.
2.7 Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following
events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and
floods, volcanic eruptions, lightning or earthquakes at or near where the Services are
performed and/or that directly affect providing of such Services.
SECTION NO. 3: PURPOSE
The purpose of this Agreement is to reduce to writing the Parties' understanding as to the
terms and conditions under which SHERIFF will provide Services to CITY. The Services
will be consistent with the City's council/manager form of management pursuant to chapter
35A.13 RCW.
SECTION NO. 4: DURATION AND TERMINATION
4.1 Initial Term and Renewal. The initial term of this Agreement shall commence as of
12:01 A.M. on the date of execution, and run through midnight, December 31, 2022, for all
provisions except for the cost methodology, which shall be implemented beginning on
January 1, 2018. Thereafter, this Agreement shall automatically renew for five-year time
frames, unless the termination process outlined herein is invoked. The Automatic renewal
shall not occur unless the CITY provides notice to the COUNTY that the City Council has
authorized the renewal.
4.2 Process for Termination. This Agreement may be terminated by any Party by providing
written notice after December 31, 2020 to all other Parties. COUNTY shall consult with
SHERIFF prior to providing written notice of termination under this subsection. SHERIFF
shall consult with COUNTY prior to providing written notice of termination under this
subsection. This termination shall be effective (24) twenty-four months after written notice
is provided as long as such written notice is provided prior to midnight December 31, 2022.
The same time intervals for terminations shall apply to future terms if the termination process
is not invoked during the initial contract period.
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4.3 Implementation of Termination. When notice of termination is given, SHERIFF and
CITY agree to jointly prepare a Transition Plan and complete by a mutually agreed date.
4.3.1 Transition Plan. The Transition Plan shall identify and address, among other
items (i) personnel issues; (ii) workload; (iii) ongoing case assignments; and (iv) the
transfer of records. If the SHERIFF and CITY cannot mutually agree to the terms of
the Transition Plan, either Party can request arbitration as provided in Section No. 18.
SHERIFF and CITY shall equally share the cost of said arbitration.
4.3.2 Implementation of Transition Plan. Parties agree to use all best efforts to
create and effectuate a mutual implementation of the Transition Plan.
4.4 Termination of the Agreement-Vehicles and Equipment. At the termination of this
Agreement, CITY shall have the option to purchase, subject to agreement of SHERIFF and
COUNTY, COUNTY-owned vehicles and/or equipment used to provide Services.
Ownership of dedicated vehicles that have been fully paid for by CITY shall be transferred to
CITY without cost if City choses to exercise this option.
4.5 Waiver of Statutory Terms. To the extent that it is applicable to law enforcement
Services, the Parties hereby waive the statutory termination rights of RCW 39.34.180(3)
and elect instead to follow these contractual termination procedures as the sole method of
terminating this Agreement, the terms of which are detailed in this section.
4.6 Termination of the Agreement and Settle and Adjust. The Parties recognize that
Costs for Services under the Agreement are calculated utilizing the LECAP. Charges for
the current year are based on estimated costs and are subject to a settle and adjust
reconciliation to actual costs after the year is complete. As such, in the event this
Agreement is terminated as provided for in Subsection 4.2 hereinabove, the Agreement
will be subject to a settle and adjust for any years that have not yet been reconciled. In the
event of termination, the Parties shall follow the process set forth in Section No. 6 to
determine the settle and adjust as well as the process to object to the final adjustment(s) as
set forth in Subsection 6.4 set forth hereinafter.
SECTION NO. 5: SERVICES
5.1 Services Provided and Service Levels. The SHERIFF shall provide those Services
set forth in Exhibit "1," attached hereto and incorporated herein by this reference. These
Services shall only be changed by mutual written agreement of Parties.
5.1.1 Dedicated CITY Officers. CITY may unilaterally adjust the number of
Dedicated CITY Officers set forth in Exhibit "3" only after meaningful prior
consultation between the SHERIFF and the CITY. Written notice of such an
adjustment shall be provided by CITY to COUNTY and SHERIFF.
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The Police Chief shall have the ability to move Dedicated CITY Officers to different
service units or convert to a shared resource on a temporary basis, not to exceed 90
days, to meet current workload demands, with notification to the City Manager.
Moves that exceed 90 days must be approved by the City Manager and be
accompanied by a demonstrated need. A change from a dedicated resource to a
shared resource shall be communicated to the County Budget Office and, if
necessary, an adjustment will be made to the final LECAP to equitably distribute
costs to all users of the resource and remove those costs from the CITY dedicated
costs for the time period matching the move or change.
CITY patrol staffing shall be maintained at a level that allows for a minimum of
one patrol officer per patrol district per shift.
5.1.2 Shared Services. SHERIFF shall provide shared Services listed in Exhibit
"1" to CITY. SHERIFF shall ensure that shared service units work with the Police
Chief and Assistant Police Chief to provide case updates, information, and data as
requested. SHERIFF shall have the ability to make permanent adjustments to the
number of commissioned officers providing Services listed under shared units in
Exhibit"4"after 30 days advanced notice is provided to the CITY and accompanied
with a cost impact estimate and service level impact estimate. The SHERIFF'S
ability to temporarily shift shared personnel to meet emerging needs shall not be
limited.
Any adjustments in Services under this section shall only be operative after relevant
notice and impact bargaining negotiations for reductions in force are satisfied with
the relevant collective bargaining units but in no event shall the delay in
implementation exceed 60 days after the SHERIFF has satisfied his good faith
bargaining obligations pursuant to chapter 41.46 RCW for reductions. Additions
will be filled in 60 days unless staffing shortages delay implementation, in which
case, SHERIFF shall provide to CITY an estimated time to fill new positions added
by CITY, and will continue to provide quarterly updates until the positions are filled.
Any permanent adjustments that take place under this section after the original cost
estimate has been prepared shall result in the COUNTY recalculating the annual
cost estimate and then adjusting the remaining monthly payments unless otherwise
mutually agreed upon by the SHERIFF and City Manager.
Notwithstanding the above, SHERIFF'S ability to fulfill his statutory obligation to
provide law enforcement Services to COUNTY and CITY shall not be limited.
5.2 Periodic Reporting Requirements. SHERIFF shall provide to CITY quarterly
reports,within 30 days from the end of each quarter,that identify statistics used to calculate
CITY'S cost in the LECAP referenced in Section No. 6 below. Those statistics which are
only available to COUNTY on an annual basis shall be provided annually within 30 days
of the end of each calendar year unless the statistics are provided by an outside agency, in
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which case they shall be provided within 15 days after they are provided to COUNTY.
These reports will allow CITY to monitor service consumption and cost accrual throughout
the year.
5.2.1 Performance Measures and Workload Indicators. Available data for the
indicators and measures listed in Exhibit"2" shall be provided by SHERIFF to CITY
on a quarterly basis subject to availability of data, unless otherwise mutually agreed
upon by SHERIFF and the City Manager. The indicators and measures shall be
modified jointly by the City Manager and SHERIFF as needed to provide the most
accurate assessment of the Services provided to CITY.
Goals for each performance measure shall be established by the City Manager and the
Police Chief SHERIFF and CITY shall work together jointly to provide the necessary
support and resources to achieve established goals. Failure to meet established goals
on a quarterly basis shall result in progress reports provided by the Police Chief to the
City Manager. The reports shall indicate the causes of the deficiencies and provide
responsive action taken or recommendations by the Police Chief to correct the
deficiencies as well as progress made toward achieving the goals. The progress reports
shall continue until the deficiency has been corrected.
SECTION NO. 6: COST OF SERVICES
6.1 Cost Methodology. CITY costs will be determined by utilizing the LECAP. The
LECAP will allocate costs through a combination of direct dedicated CITY officer costs;
and shared and indirect costs allocated through mutually agreed upon allocation bases.
Salary and Benefits for Dedicated CITY Officers will be segregated into separate budget
units and costs will be tracked separately.
The allocation bases will be reviewed by the COUNTY and CITY as needed. Any changes
to the allocation bases will be made by staff of the CITY and COUNTY and mutually
agreed upon by the SHERIFF, COUNTY CEO, and the City Manager.
Indirect costs will be applied from the Countywide Cost Allocation Plan,the COCAP. The
COCAP will be prepared in accordance with OMB U.S. Office of Management and Budget
Circular 2 CFR 200.
The CITY shall not be charged for costs unrelated to the provision of law enforcement
Services in the current year, including but not limited to, costs for tax assessor and treasurer
tax collections. CITY shall receive a credit for COCAP building charges and associated
maintenance and utility costs, in recognition of CITY-owned facilities (precinct/garage).
CITY shall also receive a credit for Services paid through other revenue sources and
Services that have been pre-paid by CITY.
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6.2 Estimated Costs. The LECAP will be used to estimate CITY cost for Services for a
contract year based upon the contract year's budget. Estimated indirect costs will be
calculated by applying an indirect rate derived from actual indirect costs from the most
recently completed year. CITY shall have 30 days to review the estimated costs and ask
questions. Should the estimate not be provided or not be finalized by the time the invoices
for a new contract year are due, CITY will continue to pay at the previous year's monthly
rate until the estimate is finalized. If the CITY has paid one or more months at the previous
year's rates, the COUNTY will calculate the difference between the previous year's rates
and the current year's monthly estimate for those months and add the difference to the first
monthly payment at the current year's estimate.
COUNTY shall notify CITY of any budget amendments expected to increase CITY'S law
enforcement costs by more than $200,000.
Estimated costs paid by CITY for specific items such as dedicated patrol salary shall not
be diverted to other expenses without prior authorization by the City. CITY will work with
Police Chief and Assistant Police Chief to process such requests expeditiously.
This section does not diminish the SHERIFF'S state constitutional and statutory law
enforcement powers pursuant to chapter 36.28 RCW,nor his ability to expediently respond
- to emergencies.
6.3 Settle and Adjust. The LECAP will be used to calculate the actual CITY cost for the
contract year based upon the contract year's actual expenses. After calculating the CITY'S
actual costs for a contract year, any overage or underage from the estimated billed amount
will be applied to the next invoice. Should the contract no longer be in effect, payment by
either Party will be due within 30 days of agreement of the final amount.
COUNTY shall provide CITY with the actual cost calculations for the contract year in writing
via the LECAP no later than September 30th of any calendar year for the preceding year's
costs. CITY will have thirty (30) calendar days from its receipt of the LECAP to provide
COUNTY with any written objections to the amounts set forth therein. COUNTY agrees to
consider all written objections received from CITY and reply to CITY no later than fifteen
(15) calendar days of receipt of CITY'S objections. In the event the Parties cannot mutually
resolve any written objection(s)submitted by CITY within an additional fifteen(15)calendar
day time frame, or such other time frame as the Parties may mutually agree to,the objections
shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 18.
6.4 Retroactive Salary Adjustments. The Police Chief will inform the CITY of the
commencement and settlement of applicable collective bargaining agreements, as well as
inform CITY of the status of any pending negotiations as to tentative agreements. Should
any applicable bargaining agreement not be settled in time to include any salary adjustments
granted commissioned deputies under any collective bargaining agreement in the cost
estimate for a given year, and that collective bargaining agreement is settled, and the
settlement contains a retroactive salary adjustment, COUNTY will bill CITY for the full
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amount of CITY'S portion of the retroactive payment. CITY will be responsible for paying
COUNTY within thirty(30)days of the billing date. Additionally,COUNTY may recalculate
the estimated Interlocal Agreement amount employing the cost of living or wage increase(s)
granted commissioned deputies under any collective bargaining agreement and adjust the
remaining monthly payments.
6.5 Capital Purchases. Capital equipment deemed necessary for all commissioned
officers, excluding vehicles, with a cost greater than $50,000, may be billed to CITY at the
time of purchase contingent upon prior CITY authorization. CITY will be billed according
to its proportionate share. COUNTY will bill CITY for this cost at the time of the purchase
and payment will be due within 30 days of the billing date. As part of the settle and adjust
reconciliation, COUNTY will give CITY credit for the full amount paid for capital
equipment in that year. The Parties may also jointly agree to apply this language to capital
purchases of any amount on a case-by-case basis.
All capital items purchased by COUNTY will become the property of COUNTY. All items
purchased by CITY will become the property of CITY. Capital items that have been
purchased with grant funds by either CITY or COUNTY, or other funding sources, and
capital items that are not utilized in providing law enforcement Services to CITY, will not
be charged to CITY. All capital items that are utilized in providing law enforcement
Services to CITY, and which are not immediately billed to CITY according to the terms
stated in this section, and that were not purchased with other funding sources, will be
incorporated as fixed assets in the (COCAP) and reimbursed through depreciation.
County shall consult with CITY prior to committing to capital purchases that exceed
$200,000. Typical recurring expenses such as vehicles are exempt from this requirement.
Beginning in 2022, CITY will be billed for the entire cost of dedicated vehicles in the year
the vehicles were purchased and received. Vehicles purchased prior to 2022 will continue
to be billed through depreciation in the COCAP. Orders related to CITY dedicated vehicles
and the subsequent disposition of those vehicles shall require prior written approval by
CITY. Shared vehicles will typically be supplied through the equitable transfer of vehicles
from dedicated units from CITY and COUNTY once the dedicated vehicles are replaced
by new vehicles. In some cases, new vehicles may need to be purchased for shared units;
efforts will be made to utilize existing revenue sources but if these sources are not available
the COUNTY will purchase the vehicles and depreciate the CITY'S share of costs
according to current allocation bases. Additionally, salvage value received through the
sale of CITY dedicated vehicles will be placed into a combined CITY/COUNTY reserve
to be used to replace wrecked vehicles, purchase atypical needs such as transport trailers,
and purchase specialty vehicles as funds allow. Use of the CITY/COUNTY reserve funds
shall require prior written approval from the SHERIFF and CITY, which shall not be
unreasonably withheld.
6.6 Billing Procedure. COUNTY will bill CITY for one-twelfth of calculated estimated
contract amount during the first week of each month. Regular monthly payments by CITY
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will be due by the end of the month in which they are billed. Should the bill be received at a
later date,the City shall have 21 days to process the payment.
6.7 Penalty. At the sole option of COUNTY, a penalty may be assessed on any late payment
owed by CITY in an amount equal to lost interest earnings had the payment been timely paid
and invested in the Spokane County Treasurer's Investment Pool.
Any resolution of a disputed amount through use of the arbitration process identified in
Section No. 18 shall include at the request of any Party, a determination of whether interest
is appropriate, including the amount.
SECTION NO. 7: MUNICIPAL POLICE AUTHORITY
CITY shall retain all police powers and,by virtue of this Agreement, CITY confers municipal
police authority on the SHERIFF.
SECTION NO. 8: OFFICER ASSIGNMENT, RETENTION, DISCIPLINE AND
HIRING
COUNTY is acting hereunder as an independent contractor as to:
8.1 Hiring. The SHERIFF shall hire, assign, retain and discipline all employees according
to applicable collective bargaining agreements, civil service rules, and state and federal laws.
8.2 Standards of Performance Governed by the SHERIFF. Control of personnel,
standards of performance, discipline and all other aspects of performance shall be governed
by the SHERIFF. Provided, however that only qualified,trained personnel meeting all of the
requirements of applicable state laws or regulations shall be utilized in the performance of
Services.
8.3 Assignment of Dedicated CITY Officers. SHERIFF or his designee and Police Chief
shall work together to determine the personnel assigned to fill Dedicated CITY Officer
positions. SHERIFF and CITY will work together to encourage Dedicated City Officer
retention and fill open positions to provide continuity of Services. SHERIFF or his designee
and the City Manager shall discuss anticipated openings due to retirements and transfers to
other agencies and jointly determine how to best prepare to fill those vacancies.
8.4 Patrol Districts. Patrol districts for the CITY are established in Exhibit"5". The patrol
districts will coincide within CITY limits.A patrol district is a geographical area of a size and
configuration designed to minimize response times to citizen's calls for Services. Response
is typically measured from the time a call is received to the time the unit arrives on the scene.
If the boundary of the CITY limits change, the SHERIFF will work together with the City
Manager and the Police Chief to determine if a change to the number of patrol districts is
necessary. The Police Chief will also periodically evaluate the calls for Service and other
impacts to response times and make recommendations to the City Manager, if necessary,
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regarding changes to patrol districts. All changes to the number of patrol districts in CITY
shall be authorized by the Council and SHERIFF.
8.5 Dedicated CITY Units and Officers, Mutual Aid. SHERIFF recognizes that he is
providing sworn police Services dedicated to CITY. Dedicated CITY Service units,
established in Exhibit "1", and the Dedicated CITY Officers, established in Exhibit "3",
shall work under the supervision of the Police Chief and be located at the CITY Precinct
Building except the Domestic Violence Detective who works in a shared unit under the
Shared Investigative Lieutenant. CITY dedicated officers shall be provided in the number
of officers shown in Exhibit"3". Service units identified as "Shared Resources" in Exhibit
"4"shall be shared between the CITY and COUNTY and costs shall be allocated according
to bases mutually agreed upon by staff.
8.5.1 Mutual Aid. Dedicated CITY Officers shall provide mutual aid to other local
law enforcement agencies, when possible, for emergency requests. Additionally,
Dedicated CITY Officers and COUNTY Officers shall continue to assist each other
and work together, sharing information and resources when mutually beneficial.
Dedicated CITY Officers may be assigned to regional task force units and directed
by the Police Chief to assist with investigations outside of the CITY limits for cases
that have a regional impact and benefit the CITY as well as other local jurisdictions.
This section does not diminish the SHERIFF'S State Constitutional and statutory law
enforcement powers pursuant to chapter 36.28 RCW, nor his ultimate authority over all
SHERIFF'S Office employees.
SECTION NO. 9: CITY POLICE CHIEF AND ASSISTANT POLICE CHIEF
SELECTION, REMOVAL AND DUTIES, AS WELL AS CITY MANAGER'S AND
SHERIFF'S RESPONSIBILITIES THERETO
9.1 Selection of Police Chief or Assistant Police Chief. When, for any reason, there
occurs a vacancy in the position of Police Chief or Assistant Police Chief, the SHERIFF
shall designate three or more SHERIFF Deputies of the rank of Lieutenant or higher, or as
otherwise agreed by the parties, as candidates for each of the positions of Police Chief or
Assistant Police Chief. The positions of Police Chief or Assistant Police Chief shall be
appointed from said lists of qualified candidates by the City Manager.
9.2 Removal of Police Chief or Assistant Police Chief.
9.2.1 Removal by SHERIFF. The SHERIFF may remove the Police Chief or
Assistant Police Chief at any time after consultation with the City Manager.
9.2.2 Removal by City Manager. The SHERIFF shall remove the Police Chief or
Assistant Police Chief at any time after the written request and consultation of the
City Manager.
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9.2.3 Reduction of Assistant Police Chiefs Rank Due to Economic Conditions.
A reduction in SHERIFF'S Office Civil Service Rank due to economic necessity
shall not be the sole basis for the removal of the appointed Assistant Police Chief
by either the City Manager or the SHERIFF.
9.3 Duties of Police Chief. The Police Chief shall report to the City Manager or his/her
designee and to the existing command structure within SHERIFF'S Office.
The duties of the Police Chief shall include:
9.3.1 Working with the City Manager or his/her designee to establish goals,
objectives and performance measures for CITY police Services which reflect specific
needs within CITY;
9.3.2 Coordinating police activities within CITY, including hours of operation and
CITY-specific protocols and procedures, attending meetings and providing reports as
requested by the City Manager and such other duties common to a city police chief
including enforcement of CITY codes and ordinances;
9.3.3 Reviewing the performance of all Dedicated CITY Officers. Reporting to City
Manager or his/her designee and SHERIFF any serious recommendations for
performance improvement;
9.3.4 Identify duties of all Dedicated CITY Officers as specific needs arise or as
requested by the City Manager or his/her designee within the context of established
policies and procedures. Reporting to SHERIFF any changes in duty of Dedicated
CITY Officers;
9.3.5 Overseeing implementation within CITY of all SHERIFF policies and
procedures. Maintaining a copy of SHERIFF procedures on file at City Hall for
CITY'S reference. SHERIFF shall be notified of any public record requests to view
or obtain a copy of the policies and procedures on file;
9.3.6 Notifying and providing electronic access to the City Manager or his/her
designee of any change in SHERIFF procedures or policies, or resource as permitted
by this Agreement;
9.3.7 Identifying areas of supplemental training for Dedicated CITY Officers. Making
recommendations to SHERIFF for supplemental training. Making recommendations
to the City Manager or his/her designee for training not provided by SHERIFF;
9.3.8 Providing supervision and direction to all Dedicated CITY Officers as well as
other assigned personnel, and acting as liaison with SHERIFF Command Staff;
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9.3.9 Maintaining communication between the City Manager and SHERIFF command
structures to ensure that changes in SHERIFF policies are agreeable to CITY and that
change in CITY policies are agreeable to SHERIFF. In the event a CITY procedure,
policy, goal or operation differs from the SHERIFF'S, City Manager or his/her
designee, SHERIFF and COUNTY shall meet and mutually determine which policy
will prevail;
9.3.10 Notifying the City Manager or his/her designee of any significant criminal
occurrence or civil emergency within CITY or region that would impact the public
safety or operations of CITY, and
9.3.11 Coordinating with City Manager regarding maintenance and capital
improvement needs of the CITY Precinct Building.
9.4 Duties of the Assistant Police Chief. Assistant Police Chief shall act as Police Chief in
his/her absence and under the Police Chief as CITY Police Department's primary
administrative assistant, and also work with CITY staff to provide data as requested and
complete information required for CITY planning documents.
9.5 Duties of the City Manager. The City Manager or his/her designee shall have the
responsibility of providing general direction and supervision to the assigned Police Chief
relative to the furnishing of law enforcement Services to CITY as set forth in chapter 3 5A.13
RCW and the terms of this Agreement.
9.6 Duties of the SHERIFF. The SHERIFF or his designee shall make regular visits to the
CITY Precinct Building and ensure that SHERIFF policies and procedures are being followed
and that law enforcement Service is provided to CITY according to the terms of this
Agreement and according to the standards of the SHERIFF. At the request of the City
Manager, SHERIFF will make presentations to the Council and appearances at CITY
functions as his schedule permits.
9.7 Quarterly Meetings-Sheriff and City Manager. The SHERIFF and the City Manager
shall meet on a quarterly basis to ensure regular communication and to seek joint
consideration of all matters of concern regarding this Agreement. Either party may invite
representatives from their respective organizations to attend. It is intended that the Parties
in these meetings review the Interlocal Agreement and discuss matters of mutual interest;
monitor cost trends, work jointly on potential cost savings, revenue sources and other
budgetary matters that may impact Service levels; seek long-term sustainability of contract
terms; consider changes in labor contracts, review allocation of resources or other items
that may impact either party. The dates of these meetings will be determined by mutual
agreement but should coincide with the budget cycles of each party.
9.8 Quarterly Meeting—Financial and Contract Administration Representatives. At
the request of CITY, COUNTY, or SHERIFF, representatives shall meet to discuss
potential changes to the COCAP, the LECAP, or other items that may impact the CITY'S
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law enforcement costs or Service levels. If possible, CITY shall be notified of such
changes prior to implementation, allowing CITY an opportunity to comment.
SECTION NO. 10: OBSERVATION OF LABOR NEGOTIATIONS
CITY may participate with other cities that contract with COUNTY for law enforcement
Services to select no more than two (2)representatives from the contracting cities to observe
labor negotiations between COUNTY, SHERIFF and the collective bargaining units
representing the employees of the SHERIFF, provided that such observers adhere to rules
established by COUNTY,the SHERIFF and the bargaining units for the negotiations.
SECTION NO. 11: PROPERTY, EQUIPMENT AND TRAINING
11.1 Ownership of Property and Equipment. The ownership of all property and
equipment utilized in association with either SHERIFF or CITY meeting their responsibilities
under the terms of this Agreement, shall remain with the original owner at all times to include
termination, unless otherwise specifically and mutually agreed upon in writing by the Parties
to this Agreement.
11.2 Stationery, Notices and Forms. CITY shall supply at its own cost and expense
any special supplies, logos or patches, stationery,notices, forms where such must be issued
in the name of CITY.
11.3 Additional Technology. CITY desires to maintain a police force that is trained and
equipped with the latest technology. SHERIFF agrees to provide police service personnel
providing Services under this Agreement that are trained and equipped with such
technology as is customarily provided to deputies providing law enforcement Services in
the unincorporated areas of the County. Any technology not currently in use or not
customarily provided to patrol deputies, may be requested by CITY or SHERIFF. Parties
agree to meet and confer over the need for the acquisition, training, or use of new
technology with the final decision regarding the acquisition and use of new technology
resting solely with the SHERIFF so long as CITY and COUNTY have the necessary
financial resources to acquire such technology and train Dedicated CITY Officers in its
use. Such costs shall be born solely by the CITY.
11.4 Additional Training. CITY has indicated that it may desire to have the Dedicated
CITY Officers providing Services to CITY under the terms of this Agreement attend
additional or supplemental training. The SHERIFF agrees not to unreasonably withhold
approval of any written request(s) by CITY for Dedicated CITY Officers providing
Services under the terms of this Agreement to attend additional or supplemental training.
The SHERIFF may also require Dedicated CITY Officers assigned to provide Services to
CITY under the terms of this Agreement to participate in necessary state and federal
training and conferences that focus on the prevention of crime and the protection of
CITY'S citizens. The costs of any additional or supplemental training requested by CITY
Page 12 of 24
under this section and approved by the SHERIFF, or determined necessary by the
SHERIFF shall be born solely by CITY.
11.5 Police Department Building, Maintenance, and Janitorial. CITY will provide
offices, to include sufficient parking, for the City of Spokane Valley Police Department
located at 12710 E. Sprague Avenue, City of Spokane Valley, 99216 or at such other
location mutually agreed to between the CITY and SHERIFF. CITY shall provide all
operation, maintenance and janitorial services for said offices.
SECTION NO. 12: COMMUNITY IDENTITY
12.1 Vehicles. Patrol, Traffic, School Resource Officer, and Community Service vehicles
that are assigned to CITY shall display the color, identification and logo of CITY at CITY'S
sole expense. Additionally, the vehicles will indicate that they are SHERIFF vehicles.
SHERIFF and CITY will determine the form of identification jointly. Detective and
Supervisor vehicles may be left unmarked.
12.2 Uniform. SHERIFF maintains a uniform directed by state law. It is a uniform that
carries a great deal of pride. CITY recognizes that the assigned personnel will retain the
uniform of the Spokane County Sheriff's Office; however, SHERIFF agrees that assigned
personnel shall wear additional identification in the nature of a patch, clearly indicating
affiliation with CITY on uniforms,jackets, and jumpsuits. Jumpsuits shall include the word
"Police"in large type on the back. The nature and design of any additional identification will
be determined jointly by SHERIFF and CITY and provided to SHERIFF by CITY at CITY'S
sole expense.
SECTION NO. 13: RECORDS
All records prepared, owned,used or retained by COUNTY or SHERIFF in conjunction with
providing Services under the terms of this Agreement shall be deemed COUNTY property
and shall be made available to CITY upon request by the City Manager subject to the records
retention schedule set forth by the Washington State Secretary of State,the attorney client and
attorney work product privileges set forth in statute, court rule or case law. The Parties agree
to cooperate in complying with the provisions of chapter 42.56 RCW. Should the Agreement
terminate, the Parties will meet, and discuss the nature and extent of records required to be
transferred to the successor agency. The COUNTY agrees to effect the transfer no later than
the last day of the contract. The cost of any transfers of records to the control of the CITY
under this provision shall be assumed solely by the CITY.
SECTION NO. 14: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY
A delay or interruption in or failure of performance of all or any part of this Agreement
resulting from Uncontrollable Circumstances shall be deemed not a default under this
Agreement.
Page 13 of 24
A delay or interruption in or failure of performance of all or any part of this Agreement
resulting from any change in or new law, order, rule or regulation of any nature which
renders providing of Services in accordance with the terms of this Agreement legally
impossible, and any other circumstances beyond the control of the SHERIFF,which render
legally impossible the performance by the SHERIFF of its obligations under this
Agreement, shall be deemed not a default under this Agreement.
SECTION NO. 15: RELATIONSHIP OF THE PARTIES
For the purpose of this section, the terminology "COUNTY" shall also include SHERIFF.
The Parties intend that an independent contractor relationship will be created by this
Agreement. COUNTY shall be an independent contractor and not the agent or employee of
CITY, that CITY is interested only in the results to be achieved and that the right to control
the particular manner,method and means in which the Services are performed is solely within
the discretion of the SHERIFF. Any and all employees who provide Services to CITY under
this Agreement shall be deemed employees solely of the SHERIFF. The SHERIFF shall be
solely responsible for the conduct and actions of all employees under this Agreement and any
liability that may attach thereto. Likewise, no agent, employee, servant or representative of
CITY shall be deemed to be an employee, agent, servant or representative of the SHERIFF
or COUNTY for any purpose.
SECTION NO. 16: LIABILITY
For the purpose of this section, the terminology "COUNTY" shall also include the
"PROSECUTING ATTORNEY."
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and
employees,from any and all claims,actions,suits,liability,loss,costs,expenses,and damages
of any nature whatsoever, by any reason of or arising out of any negligent act or omission of
COUNTY,its officers,agents and employees,relating to or arising out of performing Services
pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or
damages is brought against CITY, COUNTY shall defend the same at its sole cost and
expense and if final judgment in said suit be rendered against CITY, and its officers, agents,
and employees, or jointly against CITY and COUNTY and their respective officers, agents,
and employees, COUNTY shall satisfy the same.
(b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and
employees,from any and all claims,actions,suits,liability,loss,costs,expenses,and damages
of any nature whatsoever, by any reason of or arising out of any negligent act or omission of
CITY, its officers, agents and employees, relating to or arising out of performing Services
pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or
damages is brought against COUNTY, CITY shall defend the same at its sole cost and
expense and if final judgment in said suit be rendered against COUNTY, and its officers,
Page 14 of 24
agents, and employees, or jointly against COUNTY and CITY and their respective officers,
agents, and employees, CITY shall satisfy the same.
(c) If the comparative negligence of the Parties and their officers and employees is a cause
of such damage or injury, the liability, loss, cost, or expense shall be shared between the
Parties in proportion to their relative degree of negligence and the right of indemnity shall
apply to such proportion.
(d) Where an officer or employee of a Party is acting under the direction and control of the
other Party,the Party directing and controlling the officer or employee in the activity and/or
omission giving rise to liability shall accept all liability for the other Party's officer or
employee's negligence.
(e)Each Party's duty to indemnify shall survive the termination or expiration of this
Agreement.
(f) The foregoing indemnity is specifically intended to constitute a waiver of each Party's
immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the
other party only, and only to the extent necessary to provide the indemnified Party with a full
and complete indemnity of claims made by the indemnitor's employees. The Parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
(g) COUNTY and CITY agree to either self insure or purchase polices of insurance covering
the matters contained in this Agreement with coverages of not less than $5,000,000 per
occurrence with $5,000,000 aggregate limits including professional liability and auto.
SECTION NO. 17: INITIATIVES AND LOCAL BUDGET REDUCTIONS
The Parties recognize that revenue-reducing initiative(s)passed by the voters of Washington
and/or local revenue reductions (i.e. loss of sales tax) and/or local government mandates may
substantially reduce local operating revenue for CITY,COUNTY or both Parties. The Parties
agree that it is necessary to have flexibility to reduce the contracted amount(s) in this
Agreement in response to budget constraints resulting from the passage of State-wide
revenue-reducing initiative(s) and/or local revenue reductions and/or local government
mandates. If such an event occurs, the Parties agree to negotiate in good faith to achieve a
mutually agreeable resolution in a timely fashion.
SECTION NO. 18: DISPUTE RESOLUTION
Any dispute regarding the interpretation of, failure to perform, or the costs for Services
assessed under the terms of this Agreement between the SHERIFF, COUNTY or CITY shall
first be reduced to writing and considered by the COUNTY CEO("Chief Executive Officer")
and the City Manager if it is a monetary dispute. If it is a non-monetary dispute, it shall be
reduced to writing and considered by the SHERIFF and City Manager. The City Manager
and the COUNTY CEO or SHERIFF shall agree to develop a corrective action plan to address
Page 15 of 24
any dispute covered in this section. The action plan shall be completed within 30 days of
agreement to develop the action plan unless the Parties agree to extend this timeline. The
action plan shall be implemented by the SHERIFF within 30 days of completion of the action
plan. If the SHERIFF or CEO fails to complete or implement an action plan, discontinues the
action plan without agreement by the City Manager, or the dispute otherwise remains
unresolved,the dispute may be submitted to arbitration by any Party.
COUNTY or SHERIFF, respectively, and CITY shall have the right to designate one person
each to act as an arbitrator. The two selected arbitrators shall then jointly select a third
arbitrator. The decision of the arbitration panel shall be binding on the Parties and shall be
subject to judicial review as provided for in chapter 7.04A RCW.
The costs of the arbitration panel shall be equally split between the respective Parties.
SECTION NO. 19: ASSIGNMENT
No party may assign in whole or part its interest in this Agreement without the written
approval of the other Parties. Nothing in this section shall prohibit COUNTY or SHERIFF
from contracting with third parties for Services provided for in this Agreement.
SECTION NO. 20: NOTICES
All notices called for or provided for in this Agreement shall be in writing and must be served
on any of the Parties either personally or by certified mail, return-receipt requested, sent to
the Parties at their respective addresses herein above given. Notices sent by certified mail
shall be deemed served when deposited in the United States mail, postage prepaid.
SECTION NO. 21: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within
the State of Washington and it is mutually understood and agreed by each Party that this
Agreement shall be governed by the laws of the State of Washington, both as to
interpretation and performance. Any action at law, suit in equity or judicial proceeding for
the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts
of competent jurisdiction within Spokane County, Washington.
SECTION NO. 22: COMPLIANCE WITH LAWS
The Parties shall observe all federal, state and local laws, ordinances and regulations, to the
extent that they may be applicable to the terms of this Agreement.
SECTION NO. 23: DISCLAIMER
Except as otherwise provided, this Agreement shall not be construed in any manner that
would limit either Parry's authority or powers under law.
Page 16 of 24
SECTION NO. 24: HEADINGS
The Section and subsection headings appearing in this Agreement have been inserted solely
for the purpose of convenience and ready reference. In no way do they purport to, and shall
not be deemed to, define, limit or extend the scope or intent of the sections to which they
pertain.
SECTION NO. 25: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the Parties. 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. Parties have read and understand the whole of
the above Agreement and now state that no representations, promises or agreements not
expressed in this Agreement have been made to induce either to execute the same.
SECTION NO. 26: COUNTERPARTS
This Agreement may be executed in any number of multiple signed originals, each of which,
when so executed and delivered, shall be an original, but such counterparts shall together
constitute but one and the same.
SECTION NO. 27: AGREEMENT TO BE FILED
COUNTY shall file this Agreement with such offices or agencies as required by chapter 39.34
RCW.
SECTION NO. 28: TIME OF ESSENCE OF AGREEMENT
Time is of the essence of this Agreement and in case any Party fails to perform the
obligations on its part to be performed at the time fixed for the performance of the
respective obligation by the terms of this Agreement, the other respective Party may, at its
election, hold the other Party liable for all costs and damages caused by such delay.
SECTION NO. 29: CHAPTER 39.34 RCW REQUIRED CLAUSES
A. Purpose. See Section No. 3 above.
B. Agreement to be Filed. See Section No. 27 above.
C. Duration. See Section No. 4 above.
D. Termination. See Section No. 4 above.
Page 17 of 24
E. Organization of Separate Entity and Its Powers. No new or separate legal or
administrative entity is created to administer the provisions of this Agreement.
F. Responsibilities of the Parties. See applicable sections within Agreement.
G. Property upon Termination. See Section Nos. 4.4 and 11 above.
SECTION NO. 30: SEVERABILITY
The Parties agree that if any parts,terms or provisions of this Agreement are held by the courts
to be illegal, the validity of the remaining portions or provisions shall not be affected and the
rights and obligations of the Parties shall not be affected in regard to the remainder of the
Agreement. If it should appear that any part,term or provision of this Agreement is in conflict
with any statutory provision of the State of Washington, then the part, term or provision
thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may
be in conflict therewith and this Agreement shall be deemed to modify to conform to such
statutory provision.
SECTION NO. 31: THIRD PARTY BENEFICIARIES.
This Agreement is intended for the benefit of COUNTY, CITY and SHERIFF and not for
the benefit of any third parties.
SECTION NO. 32. SURVIVAL
Without being exclusive, Section Nos. 16, 20, and 21 of this Agreement shall survive any
termination, expiration or determination of invalidity of this Agreement in whole or in part.
Any other sections of this Agreement which, by their sense and context, are intended to
survive shall also survive.
SECTION NO. 33. MEDIA RELEASES AND CONTACT
Media releases concerning law enforcement activities covered under this Agreement will
be prepared by the SHERIFF'S Public Information Officer. Any such release of
information to the media that is deemed to be sensitive or likely to cause concern or alarm
shall be provided to the City Manager before its release. CITY shall not issue any media
releases regarding law enforcement activities covered under this Agreement without prior
approval of the SHERIFF unless otherwise agreed by the Parties. SHERIFF will endeavor
to have the Police Chief or designee interact with the media when appropriate. SHERIFF'S
ability to interact with the media on CITY'S behalf shall not be limited by this section.
SECTION NO. 34: MODIFICATION
This Agreement may only be modified in writing by the mutual written agreement of the
Parties.
Page 18 of 24
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
date and year opposite their respective signatures.
DATED: (1 . (U• 2022.. BOARD OF COUNTY COMMISSIONERS
SPOKANE OUNTY WASHINGTON
OF C.ow1M4s ''to
16/49?"6.44%
i MAR Y, C it
ATTEST: i • • . •
CLERK OF;11IE B c+ . : �.SF11L y,P i
Iktk�'/F C0e0= AL FRI:NC , Vice-Chair
BY: LIVIA
G (�INNA VASQ
22 - 0 6 - JOSH KERNS, Commissioner
**********
DATED: nb 1151 2 2 - SPOKANE COUNTY SHERIFF:
arr:45.
(WIE KNEZOVICH
*:*********
DATED: Non tQco-� CITY OF SPOKANE VALLEY:
IIN HOHMAN, City Manager
h4
CI IRISTINE BAINBRIDGE
City Clerk
Approved as to form only:
7 /
Office • e City mey
Page 19 of 24
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
date and year opposite their respective signatures.
DATED: • iu- BOARD OF COUNTY COMMISSIONERS
OF SP•KA COUNT , WASHINGTON
o f coMM,ser I 1
f o .4° �Gy-,�• % 1, MAR Y, air
# m • r i
ATTEST: f• ` �' , /
CLERK OF THE B O ,r' �,SEAL �• � / , ?
it 144, •
AL FRENC , Vice-Chair
BY:
GINNA VASQUEZ °
2 2 - 0 3 9 6 - OSH KERNS, Commissioner
**********
DATED: SPOKANE COUNTY SHERIFF:
OZZIE KNEZOVICH
**********
DATED: Apn\ cO CITY OF SPOKANE VALLEY:
HN HOHMAN, City Manager
fittest:,
(A
CHRISTINE BAINBRIDst,
City Clerk
Approved as to •rm only:
Oh / ffey
Page 19 of 24
Exhibit 1 — Services Provided to CITY by SHERIFF
CITY Dedicated Service Units
CITY Police Department Administration (Chief, Assistant Chief, Sergeant)
Patrol
Traffic
Community Services
Domestic Violence
School Resource Officers
K-9
Property and Drug Crimes Investigations
Shared Service Units
Major Crimes
Sex Crimes
Spokane County Investigative Unit
Joint Terrorism Task Force
Safe Streets (Drug Task Force and Gang Enforcement)
Emergency Operations Team
Public Information Officer
Training/Professional Standards
SHERIFF'S Community Oriented Policing Effort/ SHERIFF'S Incident Response Team
Spokane Regional Emergency Communications services—Radio Dispatch, Crime Check,
Computer Aided Dispatch, Communications
Helicopter
Forensics
Records Management
Property Storage
Explosive Disposal
Regional Investigative Group 9 - Crime Analysis
Garage
Firing Range
Fleet
SWAT/Hostage Negotiation
Tactical Unit
Extra Duty Employment
Reservist and Explorer Units
Civilian Administrative Support
Regional Services
Civil
Marine Patrol
SHERIFF
Sex Offender Registration
Page 20 of 24
Exhibit 2—Performance Measures and Workload Indicators
Workload Indicators
Total incidents per Dedicated CITY Patrol Officer per shift
Total citizen initiated Calls for Service
Total citizen initiated Calls for Service with Dedicated CITY Patrol Officer response
Total Dedicated CITY Officer initiated incidents
Total Dedicated CITY Officer involved incidents
Total incidents requiring written documentation
Total incidents resulting in custodial arrest
Total traffic non-criminal infractions/citations issued
Total traffic control requests worked
Total traffic collisions investigated
Total Major Crime investigations
Total Sex Crime investigations
Total Property/Drug Crime investigations
Behavioral Health Deputy—To match 2021 WASPC Grant Report
Performance Measures
Average patrol staffing per shift
Citizen complaints per 1,000 Dedicated CITY Officer incidents
Outcome of complaint investigations (% sustained, not sustained, exonerated, unfounded,
pending, changed to inquiry)
Complaints per 1,000 Dedicated CITY Officer incidents
Outcome of use of force incidents (%within policy and not within policy)
Average response time for priority 1, 2, and 3 Calls for Service
Percentage of Calls for Service with deputy response
Percentage of incidents that were deputy initiated
Percentage of solvable property crime cases assigned
Percentage of assigned cases solved by investigative unit
Percentage of assigned cases solved by charges filed by investigative unit
Collisions per capita
Percentage of traffic complaints worked
Actual to Budget Cost Comparisons for all Dedicated and Shared units (Salary, overtime,
fuel)
Behavioral Health Deputy—Time Saved
Page 21 of 24
Exhibit 3 - Dedicated CITY Officers
Administrative
Police Chief/Undersheriff 1
Assistant Chief/Inspector 1
Sergeant 1
Patrol
Lieutenant 2
Sergeant 9
Deputies 47
K-9 Deputies 3
Traffic
Sergeant 1
Detectives/Corporal 1
Deputies 5
Community Services
Deputy 1
Behavioral Health
Deputy 1
Homeless Services
Deputy 1
Domestic Violence
Detective/Corporal 1
School Resource Officer
Deputies 4
Property and Drug Crimes
Sergeant 1
Detectives 10
Deputy 1
Total Dedicated Officers 91
Page 22 of 24
Exhibit 4 - Combined Number of Officers in Shared Units
Investigations
Undersheriff
Lieutenant
DEA Deputy 1
Major Crimes
Sergeant 1
Detectives 8
Sex Crimes
Sergeant 1
Detectives 7
Investigative Task Force Spokane County Investigative Unit(SCIU)
Lieutenant
Regional Intelligence Group
Detective 1
Joint Terrorism Task Force
Detective 1
Safe Streets ( Drug and Gangs)
Sergeant 1
Detectives 3
Deputies 1
Emergency Operations Team
Deputy 2
Public Information Officer
Corporal 1
Professional Standards
Lieutenant 1
Training
Sergeant 3
Corporal 1
Deputies 1
Total Shared Officers 37
Page 23 of 24
Exhibit 5 - CITY Patrol Districts
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Page 24 of 24