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HomeMy WebLinkAbout2749 1/4541/ RESOLUTION NO 2 7 4 9 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF 4 AUBURN TO EXECUTE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY 5 AND KING COUNTY DEPARTMENT OF ADULT DETENTION REGARDING PRISONER TRANSPORT 6 7 WHEREAS, the Contract for Jail Services entered into 8 between the City of Auburn and King County contemplates that 9 prisoners housed in the King County Jail will be released to 10 11 City police personnel for court appearances on City 12 misdemeanor charges; and 13 WHEREAS, concerns have been expressed by the County 14 regarding the release of prisoners held on felony charges to 15 unarmed City Police Support Officers; and 16 17 WHEREAS, the King County Police Chiefs Association have 18 effectively implemented conditions relating to the release of 19 a felony-hold prisoner for transportation by local City 20 transport staff ; 21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 22 23 WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 24 RESOLVES AS FOLLOWS 25 26 Resolution No 2749 August 12, 1997 Page 1 1 Section 1. The Mayor and City Clerk of the City of 2 Auburn, Washington, are hereby authorized to execute a 3 Memorandum of Understanding Regarding Prisoner Transport 4 5 between the City and King County Department of Adult 6 Detention Said Agreement is attached hereto, designated as 7 Exhibit "A" and incorporated by reference in this Resolution 8 Section 2 . The Mayor is hereby authorized to implement 9 10 such administrative procedures as may be necessary to carry 11 out the directives of this legislation 12 DATED and SIGNED this 18th day of August, 1997 13 14 15 CITY OF AUBURN 16 17 { 19 CHARLES A BOOTH MAYOR 20 21 22 23 24 25 26 Resolution No 2749 August 12, 1997 Page 2 1 ATTEST 2 4 Robin Wohlhueter, City Clerk 5 6 7 PROVED AS TO FORM 8 9 " . ' t 10 Michael J 'eyno ds, 11 City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2749 August 12, 1997 Page 3 OCT 2 It 1997 t ictuftNMEMORANDUM OF UNDERSTANDING RE. PRISONER TRANSPORT at( of 01;12‘1 r t f MEMORANDUM OF UNDERSTANDING is entered into between King County,Washington (hereinafter"the County") and the City of Auburn ,Washington(hereinafter "the City")for the purpose of clarifying those circumstances under which the County will release prisoners who are in the King County Jail to the custody of the City for court appearances on City misdemeanor charges. WHEREAS,the City and the County are parties to that certain agreement entitled,"Contract for Jail Services"and entered into on December 2 7 , 19 8 3 , 19 (hereinafter"the Jail Contract"), and (Resolution No 1474) WHEREAS,the Jail Contract contemplates that prisoners housed in the King County Jail will be released to City police personnel for court appearances on City misdemeanor charges,but does not specify the method for doing so, and WHEREAS,in light of concerns expressed by the County regarding the release of prisoners held on felony charges to unarmed City Police Support Officers,the City and the County desire to express their mutual understanding as to the circumstances under which these and other prisoners will be released to City custody,now, therefore, THE COUNTY AND THE CITY AGREE AS FOLLOWS. 1. Release of Prisoners into City Custody The County agrees to release prisoners held in the King County Jail on City misdemeanor charges and on County or other felony charges to City Personnel for court appearances on City misdemeanor charges under the following circumstances: A. Release shall be made only upon compliance with all reasonable procedures established by the County for release requests, including completion of any necessary request and release forms; and B Release shall be made only to the following City personnel. 1) Armed commissioned general law enforcement officers of the City;or 2) Unarmed Police Support Officers of the City,provided that: a) The Police Support Officer has attended and passed the Washington State Corrections Academy; and b) The Police Support Officer has received at least 120 hours of additional, in-house field training from the City in the following areas: i) Searching,securing,handcuffing and transporting prisoners; and ii) Use of force; and iii) Defensive Tactics; and ----------------- Page 1 Resolution No 2749 Exhibit "A" = c) The Police Support Officer has received certification in aerosol restraint(Cap-Stun),straight baton,and police nun-chuckas (OPN)or other and equivalent restraint tactics and equipment approved by the City The City warrants that any personnel whom the City sends to the County to transport prisoners for court appearances on City charges will meet the above requirements. the County shall not be responsible for verifying that the requirements are met by any such personnel. 2. Indemnity Both parties understand and agree that the indemnity and hold harmless provisions in the Jail Agreement are intended to cover claims, actions, suits,liability,loss,costs,expenses, and damages of any nature whatsoever,by reason of or arising out of events occurring while prisoners released to the City pursuant to the Jail Contract and this Memorandum of Understanding are in the City's custody and until the said prisoners are returned to the County's custody by the City 3 Effect of Memorandum of Understanding. This Memorandum is not intended to,mend the Contract for Jail Services between the parties,but merely to clarify the parties' understanding as to the Contract's meaning and the circumstances under which certain of the Contract's provisions will be implemented. In the event of any conflict between this Memorandum of Understanding and the Contract,the Contract will control. DATED this ,4,o day of O C #o bit , 1997 CITY OF AUBURN KING COUNTY DEPARTMENT OF DET• TIC) 1 - `^1 -{-(��� AD ' ///// May CHARLES A. BOOTH Arthur Wallenstein,Director ATTEST/AUTHENTICATED- APPROVED AS TO FORM. City Clerk Prosecuting Attey Robin Wohlhueter PROVED • S TO FORM, VI )11' City Attorney Michael J. Reynolds word awemoutrans Page 2 Resolution No 2749 Exhibit "A" RECORDS MANAGEMENT Ordinance No. Resolution No. 9V9 ( �CDate Adopted n I � /,/n Copies to. pp / 1 ) Department Contact(s). Finance Department (Copy if relates to fees, charges, or any accounting responsibility) 2.) Code Book: 3 ) Recording File: 4 ) Citizen Requests' NAME Address cc: City Clerk CITY OF AUBURN INTEROFFICE MEMORANDUM TO Bill Pitzl, Police Captain FROM: Robin Wohlhueter, City Clerk SUBJECT Adult Detention Prisoner Transport DATE. August 22, 1997 Resolution No. 2749 was adopted by the Council at its August 18, 1997 regular meeting authorizing a Memorandum of Understanding between the City and King County Department of Adult Detention regarding prisoner transport. The Memorandum of Understanding Regarding Prisoner Transport, designated as Exhibit "A" to Resolution No. 2749, is attached and has been executed by the City of Auburn. I have also attached a copy of Resolution No 2749 for your records. It is my understanding that you will secure the signatures of the Director of King County Department of Adult Detention, Arthur Wallenstein, and King County's Prosecuting Attorney Please return a fully executed original Memorandum of Understanding to me for filing with Resolution No 2749 Thank you for your assistance cc: Dave Purdy, Police Chief wngny;o 4 Pala APO 'weMsea ellaluep L661 'JagwaoaQ ;o Aep y;14 s!q4 wngny}o A;la ay;;o leas ay; pue pueq Aw ssau;IM L666 '1sn6nv40 ,kep 4181 ay; uo wngny;o A}Ia Ples ay1;o JoAeiN ay; Aq panoJdde pue liounoa ay} Aq passed Ainp seen 64LZ oN uol}nlosab pies 1841 41-183 I 6VLZ ON NOI1f1ioS.Alin Pal}gua 'wngny }o Apa ay} ;o suoq}nlosad ay} ;o 617LZ ON uognlosaa }o Adoa 103JJ00 pue awl In a s! 6ulo6aJo} ay} ley} Appe3 Ageieq op 'uo;6uigseM ;0 84819 '6uiN ;o f}unoa ay; u! a;enlis `A}ia apoa pue uogeJodJoa ledioiuniN 8 `wngny;o A;Ia ay;;o Wala APO pagllenb 'pa;ulodde Ainp ay; `weNsea allaluea 'l Z£I£-RSZ (EST"):zeg L00£-I£6(£SZ)-uoilails)Ja)ssawsng 6£OL-I£6(£SZ):PN]AID 10086 Vi uJngnV `weyg 1SfM SZ x11a1D KLID uxnsnd (I ONIN JO J.1NfOO ss (NOIJNIHSVM JO EIV1S >Rla asuaal1/sp1oaa) 'paylog annul �aa��,SnO inndaa `wexSed med yaw d110`)a)anglgoM u!goJ UOAVW`111O08-V S"d"RIVHD