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HomeMy WebLinkAboutCAG2024-477 - Original - Valley Independent Investigation Team & King County Sheriff's Office - Investigation Agreement - 6/24/23 VALLEY INDEPENDENT INVESTIGATION TEAM Investigation Agreement THIS AGREEMENT is made and entered into on (established date) by and between the Valley Independent Investigation Team, comprised of the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila and Port of Seattle, and the King County Sheriff' s Office ( KCSO ) . RECITALS The Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila and the Port of Seattle ( hereinafter "Member Agencies" ) created the Valley Investigations Team, now referred to as the Valley Independent Investigation Team (VIIT) . VIIT was formed to provide a mechanism whereby South King County police agencies would not investigate their own officers' use of deadly force . VIIT established a team of experienced and highly qualified leadership, detectives, and others from each Member Agency to respond to incidents in which peace officers of Member Agencies use deadly force that results in death, serious bodily harm, or great bodily harm . The state of Washington enacted RCW10. 114.0111, Independent Investigation Adoption of rules . This statute requires that whenever the use of deadly force by a peace officer results in death, substantial bodily harm , or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force met the good faith standard established in Washington law ( RCW 9A. 16.040 and satisfied other applicable laws and policies) . The statute also tasked Washington's Criminal Justice Training Commission ( CJTC) to establish rules for independent investigations and any rules adopted by the CJTC must be consistent with chapter 43 . 102RCW. The CJTC issued criteria for independent investigations, which are set forth in Chapter 139-12 of the Washington Administrative Code (WAC), LAW ENFORCEMENT TRAINING AND COMMUNITY SAFETY ACT — INDEPENDENT INVESTIGATIONS CRITERIA ( LETCSA) . Chapter 13942 WAC requires agencies to establish independent investigative teams, much like VIIT, and that law enforcement agencies enter into a written agreement to investigate police use of deadly force incidents in their geographical region . Prior to the date of this agreement, VIIT agreed to conduct independent investigations of deadly force incidents involving the KCSO . The KCSO also has experienced and highly qualified leadership, detectives, and others that can assist the VIIT with the deadly force investigations . KCSO enters into this agreement to formalize the existing support provided by VIIT in conducting independent investigations for KCSO deadly force incidents and to offer qualified KCSO personnel to assist with deadly force incidents of other Member Agencies, The KCSO intends to forward names of qualified persons who will work with personnel from other Member Agencies to conduct independent investigations . 1 Valley Independent Investigation Team VALLEY INDEPENDENT INVESTIGATION TEAM Investigation Agreement i i NOW, THEREFORE, and in accordance with Chapter 139- 12, VII"f and King County Sheriff' s Office ( KCSO ) agree as follows; I AGREEMENT 1. 1 Request for VIIT Assistance. VIIT will be used for the purposes of investigating uses of deadly force by the involved agency's peace officers that result in death, serious bodily harm, or great bodily injury. In recognition that each incident of deadly force that arises is i unique, nothing in this Agreement shall limit the involved agency from utilizing a different j agency for the purposes of conducting an independent investigation of the use of deadly i force by one of its peace officers. 1.2 Including KCSO Personnel . The KCSO shall provide qualified personnel with the relevant training and experience needed to participate in an independent investigation of an involved Member Agency. Upon receipt of the name and rank of each KCSO employee available to assist in independent investigations of police incidents that result in death, serious bodily harm, or great bodily injury, such KCSO employees shall be added to the roster of available VIIT Ii investigators . In performing such work, KCSO employees will do so under the guidance and direction of the VIIT, using VIIT protocols and policies. I 1 .3 Conflicts. Should VIIT's involvement with an investigation be in violation of Chapter 13942 WAC, or a conflict of interest present itself that would jeopardize the credibility of the investigation ( at the discretion of VIIT Command ), VIIT would not conduct the investigation. However, VIIT leadership will work with the involved agency to recruit an Independent Investigative Team to conduct the investigation in its place . 1 i i This Agreement constitutes the written agreement between VIIT and the KCSO to satisfy the i requirements of Chapter 13942 WAC and shall also serve as a request for assistance pursuant to a 1 mutual law enforcement assistance agreement in accordance with Chapter 10.93RCW , 2 Valley Independent Investigation Team i VALLEY INDEPENDENT INVESTIGATION TEAM Investigation Agreement 1 . TERM. This Agreement shall stay in effect until such time as the Member Agencies terminate the VIIT or in writing, the King County Sheriff's Office ( KCSO ) terminates this Agreement . The addition or removal of a police agency to VIIT or a change in the name of VIIT shall not require a new agreement between VIIT and the KCSO . J . ORGANIZATIONAL AND OPERATIONAL GUIDELINES , The Member Agency Chiefs shall govern the organization and operations of VIIT, and to that end, have formed an Executive Board consisting of the Chief of each Member Agency. The Executive Board has determined that VIIT will be organized and operated in accordance with Organizational and Operational Guidelines, which have been adopted by the Executive Board . The Organizational and Operational Guidelines may be amended from time to time by the executive board. By signing below, the signor certifies that they have the authority to sign this Agreement on behalf of their Police agency, and their respective Police agency agrees to the terms of this agreement . I I 2 Patricia Cole-Tindall Chief, VIIT Dile Sheriff, King County Sheriff' s Office Print Name : Eric Drever Dated this ,jday of ,)jMe& , 2023 3 Valley Independent Investigation Team