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07-006.00 Spokane County: Regional Drug Task ForceOAIGIiJl~ FILED OA RECOR4ED ~ ~'" FEQ 0 ~ ?0~7 COllt~ i Y Al}OITOr~ $POtCAPrF COUNTY V~tA Spokane Regional Drug Task.Force 1124 1N. Riverside, Suite L300 Spokane, VIA 99201 SPOKANE REGIONAL• DRUG TASK FORCE OPERATIONAL AGREEfUIENT THIS AGREEMENT IS F_NTERED INTO BY 1'I-IE ~ FOLLOWING PARTIES PURSUANT TO RCIN 39.34 AND RC1N 10.93. IT DESGRIt3ES THE DURATION, PURPOSE, FORINA'rION, ADMINISTRATION, TERMINATION, AND FINANCING OF THE SPOKANE REGIONAL DRUG TASK FORCE (SRDTF). THIS AGREEMENT REPLACES THE AGREEMENT SIGNED BY THE REPRESENTATIVE AGENCY f-IEADS IN 1999, AND FILED VVITt-I THE SPOKANE COUNTY AUDITOR, F.ILF_ #~ C950185CSC. PURPOSE Spokane County and the surrounding region have experienced a continuing increase in illegal drug manufacturing and trafficking, along ~~vith an increase in related criminal activity. Experience has shown that individual agencies, acting separately, do not have the capacity to significantly impact upper level manufacturing; trafficking, and distribution of illegal drugs. ~ . The purpose of the multi-jurisdictional drug task force is to provide a coordinated and concentrated effort toward investigations that have a direct•nexus to Spokane County and the surrounding -region and prosecution of violations of the Uniform Controlled Substance Act {RC1N 69.32, 69.40, and 69.50) at the highest level possible. II. ORGANIZATION The Spokane County Sheriffs Office (SCSO)lSpokane Valley Police Department (SVPD), Spokane Police Department (SPD), and the 1+1/ashirigton State Patrol (WSP) each agree to assign full-time commissioned officers to the SRDTF in compliance Spokane negiona] Drug=1'aslc Force Operational Agreement Page 1 of G October.2006 C07-06 ~~vith the annual 1Nashington State Department of Community, Trade and Economic Development (CTED) JAG Grant application. The INSP agrees to assign one full-time Sergeant who will be the unit supen~isor and will be responsible for supervision of day to day operations. The SCSO agrees to assign one full-time Sheriff Tccl~nical Assistant I for clerical support. The SCSO also agrees to assign a Lieutenant who will have the responsibility.of SRDTF Commander. The Board of Directors may designate a Task Force commander from any other participating agency by a majority vote. The Lieutenant may have other duties within the SCSO, but will dedicate the necessary time to the administration of the SRDTF. The Spokane County Prosecuting Attorney's Office (SCPAtty) agrees to assign 1:825 FTE prosecutors to the SRDTF. The SCPAtty agrees to assign at least one full-time prosecutor to prosecute criminal cases filed by the SRDTF and a part time prosecutor to prosecute civil forfeiture cases generated by the SRDTF. All persons assigned to the SRDTF shall work. under the direct supervision of the unit supervisor. All persons assigned to the unit shall adhere to the. rules and regulations as set forth in the SRDTF policy and procedures manual,, as well as their individual deparfr>lental rules, policies and procedures. Variance between SRDTF policy and procedures -and individual agency rules, policies and procedures shall require the employee to comply with hislher individual agency rules, policies and procedures. For the purpose of indemnification of participating agencies againsf any losses, damages, or' liabilities arising from the activities of the SRDTF, the assigned personnel shall' be deemed to be continuing under the employment of hislher individual. agency. Each agency contributing personnel to the SRDTF will continue that employee as an employee of the contributing agency and will be solely responsible for the employee. Any duly sworn peace officer,' while assigned to the SRDTF and working at the direction of the Board of Directors, the SRD-f F Commander, and the unit supervisor, . shall have the same powers, duties, privileges, and immunities as are conferred upon himlher as a peace officer in hislher own jurisdiction. Participation in the SRDTF by additional agencies will occur- only if a memorandum of understanding has been completed between the SRDTF and the new participating agency, and with a supporting vote of the SRDTF Board of Directors. Spokane Regional llnrg Task Force Operational Agrccrnent Page 2 o f 6 Qcrober 200b ~ ' _. III. ADMINISTRATION Overall governance the SRDTF operations, including the setting of investigative priorities and general operating procedures, will be vested in a t3oard of Directors consisting of the elected -official/department head, or their designee, from each participating agency. Each member of the Board of Directors will have an equal vote in the conduct of its business. In the absence of a majority vote, the deciding vote will be cast by the executive director of the Board of Directors. The Executive Director shall be the elected official/department head of the agency which serves as the fiscal agent as Contractor under the Justice Assistance Grant {JAG) -Drug Interdiction Program. . Under the direction of the Board of Directors, the SRDTF Commander shall act as the principal liaison and facilitator bet~~~een the Board and SRDTF. The SRDTF . Gommander will be responsible for keeping the Board informed on all matters relating ' to the function, expenditures, accomplishments, and problems of the SRDTF. The- Board of Directors may meet quarterly to review the SRDTF activities and policies. Extra sessions can be called by any member of the Board, or at the request of the SRDTF Commander. When the Board votes on any matter a majority shall be required for passage, except in the absence of a majority vote, when the deciding vole will be cast by the executive director of the Board of Directors. In an emergency, the SRDTF Commander may conduct a telephone poll of the Board to resolve an issue. IV. FINANCING The SRDTF will have t~~~a primary funding sources. These sources tivill be used for the SRDTF maintenance and operation and capital expenses, as well as some personnel expenses, as set forth in the annual SRDTF JAG Grant contract and budget. Annual contracts and SRDTF budgets will be detailed in an annual memorandum of understanding or contract. The first primary funding source will be the JAG Grant funds administered each .year by the Washington State Department- of Community, Trade and Economic Development. 1"he SCSO will be the contracting agency for the grant, and will have the responsibility of administering the grant through the SRDTI= Commander. The second .primary funding source will' be the forfeited funds generated by the enforcement activities of the SRDTF. The forfeited funds will be used as the matching funds required by the grant and are maintained by the Spokane County Spokane REgional Dnrg Task Force Operational A~reernerrt }'age 3 of 6 October 2006 Auditor in a designated unreserved fund balance. The forfeited funds will be used in accordance ~+~~ith the state statute (RCW G9}and the federal asset sharing guidelines. The SCSO 'as the contracting agency. for the grant will have the responsibility of administering the match funds fhrough the SRDTF Commander. In addition to the grant and match funds there will be .funds expended by the participating agencies in relation to the wages/benefits~of their employees assigned to the SRDTF. Since grant and match funds change annually the personnel costs to be paid by participating agencies tivill also change. The division of personnel expenses between the SRDTF budget and participating agencies vdill be addressed annually by the Board ~of Directors, during the budget process, and will be detailed in an annual memorandum of understanding or contract. A tertiary funding source for SRDTF activities are available HIDl'A funds. The SCSO is the contractor for HIDTA funds and the HIDTA funds are distributed through the SRDTF unit supervisor. To enhance and support partnerships with other Spokane County narcotic law enforcement entities, HIDTA funds shall be dispersed, at the direction of the SRDTF unit supervisor; to support cooperative investigations targeting illicit narcotic trafficking organizations at the highest level possible that have a direct nexus to Spokane County and the surrounding region. _ The SRDTF Commander will have responsibility for the management of the SRDTF budget and funds, subject to the direction and approval of the Board of Directors. V. MANNER OF ACQUIRINGIDISPOSING OF PROPERTY USED Property/equipment supplied to the SRDTF by a particular agency will remain the property of that agency. Property/equipment purchased with the grant or matching funds will remain with the SRDTF as Tong as it is operating: Funding and expenditures will be documented. In the event the SRDTF is disbanded the propertylequipment belonging to the SRDTF, and any remaining forfeited funds, will be distributed to the participating agencies on a pro rated basis commensurate with participation in the SRD7"F after compliance with all applicable requirements of the JAG grant contract, the state statute (RCW 69} and the federal asset sharing guidelines regarding property/equipment acquired with grant and/or forfeiture funds. VI. TERMINATION OF AGREEMENT Participating agencies may withdraw from the SRDTF by written statement of termination directed to the Board of Directors. .Termination of the agency's participation will take place automatically thirty (30) days after receipt of the written notification, or immediately upon written notification that the agency is unable to Si~ok.ane Regional Dnrg Task horce Operational A~reerner~t • , Pale 4 cif 6 October 200fi sustain the necessary funding for participation. If, at any time, there are not three or more of the largest local law enforcement agencies willing to continue participation in the SRf7TF, the SRl7TF ~~~ill be disbanded and the propertylequipment and any remaining forfeited funds will be dispersed as described in section V. VII. DURATION OF AGREEMENT This agreement shall remain valid as long as the three largest local law enforcement agencies continue to assign personnel to the SRbTF and abide by the agreement. To maintain continuity and validity of -the agreement the newly elected official or ne~~~ly appointed department head of any signing agency will be asked to review and sign an identical agreement. As required by RCW 39.34 this and subsequent agreements ~~~ill tie filed with the Spokane County Auditor. VIII. AGREEMENT On behalf ~of my agency I hereby agree to par#icipate in the SRDTF in accordance with the policies set forth in this agreemerit.~ ~ . Spokane Regional Dnig Task Force Operational Agreement 1'agc S of 6 October 2006 k . -~ - . , if , lll. AI~EEIVilEIV7 ~ ~ ~ - • . - ~n behalf of rrk~ aye~~~~} I hereby agree ta'~articipake in the RDT~ in a~~aEdar~c~ u+i#h the ~oEicfes se~~for~h in this~a~reeme~t- - . i~nature ~T.~ A.~ency ~ Date T~pe~~Tint na~~~~ below - . ~ ~~~ ~_~ . . 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