Establish the LC Prosecuting Attorney's Drug Enforcement Fund No. 1610 for certain purposes consistent with RCW 69.50.505 BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-209
ESTABLISH THE LEWIS COUNTY PROSECUTING
ATTORNEY'S DRUG ENFORCEMENT FUND NO.
1610 FOR CERTAIN PURPOSES CONSISTENT
WITH RCW 69.50.505
WHEREAS, the Joint Narcotics Enforcement Team (JNET) carries out drug
enforcement activities within Lewis County, including seizure and forfeiture of
assets pursuant to RCW 69.50.505; and
WHEREAS, the Lewis County Prosecuting Attorney's Office, via contract,
represents JNET in such forfeiture actions; and
WHEREAS, as compensation for these services, the Lewis County Prosecuting
Attorney's Office receives a share of the net proceeds of such actions, after the
City of Centralia has properly accounted for and remitted the State of
Washington's portion of such proceeds; and
WHEREAS, such proceeds under RCW 69.50.505(10) may be used "exclusively
for the expansion and improvement of controlled substances related law
enforcement activity" and may not "supplant preexisting funding sources"; and
WHEREAS, a fund is needed for these proceeds to demonstrate that such
proceeds are used exclusively for their lawful purposes and do not supplant
existing funding; and
WHEREAS, the Board of County Commissioners has determined that it is in the
public interest to establish the Lewis County Prosecuting Attorney's Office Drug
Enforcement Fund for the purposes above.
NOW THEREFORE BE IT RESOLVED
1. The Lewis County Prosecuting Attorney's Office Drug Enforcement Fund No.
1610 is hereby established and created. From time to time, it may be
renumbered or reconfigured as the Auditor finds appropriate in accordance with
standard accounting practices. The Fund shall be for the use and purposes
enumerated in the recitals; and
Page 1 of 3 Res. 21-209
NOW THEREFORE BE IT FURTHER RESOLVED
2. The Lewis County Prosecuting Attorney or his or her designee shall be
responsible for management of the fund, including documenting that
expenditures are authorized. In the event of vacancy of office of the Lewis County
Prosecuting Attorney, or where the Lewis County Prosecuting Attorney is
interested or otherwise incapacitated from serving, the Chief Civil Deputy
Prosecuting Attorney or his or her designee, or other senior staff member of the
Lewis County Prosecuting Attorney's Office, shall be responsible for management
of the fund until a new Lewis County Prosecuting Attorney is appointed or elected,
or the incapacity or interest has lapsed. If no person is responsible under this
provision, the court may appointing a suitable person in the interim.
3. The only monies that may be deposited into the fund are net proceeds
forfeited pursuant to RCW 69.50.505 from which the State's statutory portion has
been removed. Such monies shall be maintained in the fund by the County
Treasurer who shall invest them as allowed and required by state statute and
county ordinance. The County Treasurer shall be entitled to receipt of any interest
or capital gains received, as reimbursement for expenses incurred maintaining
the fund.
4. Expenditures from the Fund may be made pursuant to warrants authorized by
the Lewis County Prosecuting Attorney's Office, as permitted by state law or
county ordinance and subject to audit and supervision by the Lewis County
Auditor's Office. The Lewis County Prosecutor's Office shall supply documentation
of the purpose of each expenditures consistent with the fund's authorized uses as
set forth herein. Upon concurrence that the expenditure is for an authorized use,
the Lewis County Auditor's Office shall issue the warrant or otherwise facilitate
the expenditure.
5. The Lewis County Prosecuting Attorney's Office shall be responsible for and is
directed to take appropriate action to ensure that the expenditures from the fund
created herein are for authorized purposes. The Lewis County Auditor's Office
may audit or otherwise supervise such expenditures as a safeguard that they are
authorized.
DONE IN OPEN SESSION this 1st day of June, 2021.
Page 2 of 3 Res. 21-209
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Gary Stamper
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST: ;S� RooF Asf:• Lindsey R. Pollock, DVM
va o P LWIsey R. Pollock, DVM, Vice Chair
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Rieva Lester �'9SjUcrcid' � ' Sean D. Swope
Rieva Lester, • Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 3 of 3 Res. 21-209
Joint Operational Tasking Order:
Joint Narcotics Enforcement Team (JNET)
1. Joint Unit Established. The Centralia Police Department and the Chehalis Police Department
hereby establish a Joint Narcotics Enforcement Team (JNET) pursuant to the provisions of the
Interlocal Compact for Cooperation in Law Enforcement of 2016. The agencies establish the
joint unit in the recognition that criminal activity is not limited to any particular jurisdiction
or boundary; that effective control and enforcement of illegal activity requires the joint
cooperation of the major law enforcement agencies within Lewis County for the protection
of the citizens within the jurisdiction participating, and helps to ensure the health, welfare,
and safety of those citizens.
2. Assignment of Personnel. Each agency hereto shall assign appropriately trained and
equipped personnel to serve as members of the joint unit. Such personnel shall be certified
law enforcement officers in good standing with each agency.
3. Appointment of Unit Supervisor. The supervisor of the joint unit shall be appointed by the
Centralia Police Department. All personnel assigned to the unit shall serve under the direct
operational supervision of the unit supervisor, regardless of the agency which employs them.
A. The Chehalis Police Department will direct its personnel assigned to the unit that they
are to be supervised by the unit supervisor for all operational purposes. Such
personnel shall be under the authority of the Chehalis Police Department Detective
Sergeant for all personnel supervision not directly related to the daily operation of the
unit.
4. Training. The cost for training of each member of the joint unit shall be borne by such
member's agency.
5. Facility. The Centralia Police Department shall make available office space at the Mellen
Street Facility for all personnel assigned to the joint unit. This facility is leased from the City
of Centralia Public Works. The Centralia Police Department and the Chehalis Police
Department agree to make annual payments to the City of Centralia for the use of the facility.
The rates of the payments will be based upon the distribution percentages as outlined in
Article 9 of this agreement. All participating agencies will be notified in writing by January of
each year regarding the amount of the lease and their annual payments.
6. Case Assignments. Cases currently being investigated by each agency and related to the
unit's mission shall be worked by all members of the unit. Future cases will be appropriately
assigned among unit personnel as they arise.
7. Other Duties. On occasions when Centralia Police Department personnel assigned to the unit
are on City assignment for other duties (Special details, etc.) The Chehalis Police personnel
Joint Operational Tasking Order
Joint Narcotics Enforcement Team (JNET)
Page 2
assigned to the unit may or may not participate in those activities. Their participation shall
be determined jointly by the unit supervisor and the designated supervisors from the Chehalis
Police Department.
8. Records/Evidence. Effective September 1, 2015, all cases which are developed by members
of the unit will be assigned an "N" number for tracking purposes, regardless of which
jurisdiction the case originates in. With the exception of cases generated outside of Lewis
County,the appropriate agency will be provided NIBRS information by unit personnel for each
case generated in their jurisdiction. When evidence is seized as the result of a unit
investigation,that evidence will be processed and stored by the Centralia Police Department.
9. Seizures and Forfeitures. Forfeiture actions may be brought in the name of any of the JNET
jurisdictions, and it is agreed that the Lewis County Prosecuting Attorney's Office will provide
legal representation on all forfeitures, which result from unit investigations regardless of the
location of the activity, seizure, and/or case number. The Lewis County Prosecuting
Attorney's Office or other entity handling the matter will advance costs associated with
forfeiture actions and such costs advanced shall be reimbursed to the Lewis County
Prosecuting Attorney's Office or handling entity from the gross proceeds, if any,of said action
after the State's portion of such proceeds is subtracted. After all costs have been paid, the
resulting net proceeds of all seizures or forfeitures, regardless of location, will be shared with
60% going to the City of Centralia, 15% going to the City of Chehalis, and 25% going to the
Lewis County Prosecuting Attorney's Office.
The Lewis County Prosecuting Attorney's Office shall not be obligated to provide
representation on any matter wherein there is an actual conflict of interest or a likelihood
that a conflict of interest may arise, or in cases where the Prosecuting Attorney's Office has
not handled the matter from the very beginning. As to all such matters, the Lewis County
Prosecutor's Office shall make the final determination as to whether it will provide legal
representation. If the Lewis County Prosecutor's Office is not involved in any respect on a
given forfeiture action, then it shall not receive the above-referenced profit sharing.
In such cases where the Lewis County Prosecuting Attorney's Office was not involved, i.e. DEA
cases or cases that may have been initiated by patrol officers on routine stops, the City of
Centralia, or the originating entity, will be responsible for providing the legal representation
as to such forfeiture, and the 25% profit share otherwise designated to the Lewis County
Prosecutor's office shall instead be added to the Centralia Police Department's share of the
proceeds.
10. Liability, Hold Harmless,and Indemnification. It is the intent of the participating jurisdictions
to provide narcotic investigation related services without the threat of being subject to
liability to one another and to fully cooperate in the defense of any claims or lawsuits arising
out of or connected with JNET actions that are brought against the jurisdictions. To this end,
Joint Operational Tasking Order
Joint Narcotics Enforcement Team (JNET)
Page 3
the participating jurisdictions agree to share responsibility and liability for the acts or
omissions of their participating personnel when acting in furtherance of this Tasking Order to
the extent of each jurisdictions' comparative liability.
To the extent of its comparative liability, each jurisdiction agrees to indemnify, defend and
hold the other jurisdictions, their elected and appointed officials, employees, agents and
volunteers, harmless from and against any and all claims, damages, losses and expenses,
including but not limited to court costs, attorney's fees and alternative dispute resolution
costs, for any personal injury, for any bodily injury, sickness, disease or death and for any
damage to or destruction of any property(including the loss of use resulting therefrom)which
are alleged or proven to be caused by an act or omission, negligent or otherwise, of its elected
and appointed officials, employees, agents or volunteers. This section shall be subject to the
conditions and limitations set forth in subsections A through H below.
A. Jurisdiction Not Involved in JNET Response. In the event that a jurisdiction or its
personnel were not involved in the JNET response to the incident that gives rise to a
claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner,
implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall
not be required to share responsibility for the payment of the judgment or award.
B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein
shall require, or be interpreted to require indemnification or sharing in the payment
of any judgment against any JNET personnel for intentionally wrongful conduct that
is outside of the scope of employment of any individual or for any judgment of
punitive damages against any individual or jurisdiction. Payment of any award for
punitive damages shall be the sole responsibility of the person or jurisdiction that
employs the person against whom such award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain joint legal
counsel to collectively represent and defend the jurisdictions in any legal action. The
jurisdictions agree to maintain the consolidated defense to claims made against them
and to reserve all indemnity claims against each other until after liability to the
claimant and damages, if any, are adjudicated. If any claim is resolved by voluntary
settlement and the jurisdictions cannot agree upon apportionment of damages and
defense costs, they shall submit apportionment to mediation. If the apportionment
of damages and defense costs cannot be resolved by mediation, the matter shall be
filed for resolution with the Lewis County Superior Court.
The jurisdictions and their respective defense counsel shall make a good faith attempt
to cooperate with other participating jurisdictions by, including but not limited to,
Joint Operational Tasking Order
Joint Narcotics Enforcement Team (JNET)
Page 4
providing all documentation requested, and making JNET members available for
depositions, discovery, settlement conferences, strategy meetings, and trial.
The parties hereto hereby recognize and acknowledge that there is a significant risk
that an actual or purported conflict of interest may arise as a result of the Lewis
County Prosecuting Attorney's Office handling of JNET forfeiture litigation, and that
the Lewis County Prosecuting Attorney's Office's representation of one or more of the
JNET jurisdictions may become adverse to, or materially limited by, the Lewis County
Prosecuting Attorney's Office's responsibilities to represent the County of Lewis.
Should any actual or purported conflict arise as a result of the Lewis County
Prosecuting Attorney's Office handling of any forfeiture litigation, all parties hereby
agree to waive any such conflict, and all parties hereby agree that the Lewis County
Prosecuting Attorney's Office shall not be prevented by virtue of any such actual or
purported conflict from representing the County of Lewis in any matter.
D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in
withdrawing or removing the jurisdiction or employee from a lawsuit by summary
judgment, qualified immunity, or otherwise, the jurisdiction shall not be required to
pay any share of the award or settlement.
E. Settlement Process. It is the intent of this Tasking Order that the jurisdictions act in
good faith on behalf of each other in conducting settlement negotiations on liability
claims or lawsuits so that, to the extent practicable for all parties, all parties will either
agree with the settlement or, in the alternative, agree to proceed to trial.
F. Reserved Indemnity Claims. If any claim is resolved by voluntary settlement and the
jurisdictions cannot agree upon apportionment of damages and defense costs, they
shall submit apportionment to mediation. If the apportionment of damages and
defense costs cannot be resolved by mediation,the matter shall be filed for resolution
with the Lewis County Superior Court.
G. Defense Waiver. This section shall not be interpreted to waive any defense arising
out of RCW Title 51.
H. Insurance. The failure of any insurance/pool provider to agree to or follow the terms
of this section shall not relieve any individual jurisdiction from its obligations under
this Tasking Order.
11. Notice of Claims, Lawsuits,and Settlements. In the event a claim is filed or lawsuit is brought
against any participating jurisdiction or its employees for actions arising out of their conduct
Joint Operational Tasking Order
Joint Narcotics Enforcement Team (JNET)
Page 5
in support of JNET operations, the jurisdiction shall promptly notify the other jurisdictions
that the claim or lawsuit has been initiated. Any documentation, including the claim or legal
complaints, shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction would be liable
for a claim, settlement, or judgment that arises from a JNET action or operation, shall have
the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or
demands made to that jurisdiction. In the event a participating jurisdiction has a right,
pursuant to Section 10 of this Tasking Order, to be defended and held harmless by another
participating jurisdiction, the jurisdiction having the right to be defended and held harmless
shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend
and hold the other harmless.
12. Processing of Claims.
A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a
claim that is filed with and against any of the JNET jurisdictions for alleged damages
and injuries that occur as a result of JNET activities. The lead jurisdiction shall be the
jurisdiction within which the JNET team response occurred; PROVIDED, that in the
event the jurisdiction within which the JNET response occurred did not participate in
the JNET response, the lead jurisdiction shall be the jurisdiction within which the
incident that required the JNET response originated. In the event that a jurisdiction
that was not involved in the JNET response receives a claim, that jurisdiction shall
notify the other jurisdictions in accordance with Section 11 of this Tasking Order, and
shall use its best efforts to determine who the appropriate lead jurisdiction is.
B. Assistance of JNET Sergeant. The JNET Sergeant shall assist the lead jurisdiction in
responding to a claim. The JNET Sergeant shall be responsible for gathering all records
relating to the JNET response. These records shall include, but are not limited to,
incident reports, notes, transcripts, photos, evidence logs, recorded statements,
documents from emergency dispatch centers, and warrants from all jurisdictions that
participated in the JNET response. The JNET Sergeant shall also provide a list of
personnel who participated in the response and their contact information. The JNET
Sergeant shall deliver all copies of records to the lead jurisdiction promptly upon
request.
C. Claims of$5,000 or Less.
i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible
for working with the JNET Sergeant to gather records relating to the JNET
response. The lead jurisdiction shall provide records to its insurance/pool
provider and shall assist its insurance/pool provider in assessing liability for
Joint Operational Tasking Order
Joint Narcotics Enforcement Team (JNET)
Page 6
acts associated with the claim. The lead jurisdiction shall notify the other
jurisdictions of any determinations as to liability. In determining whether a
claim should be paid, the lead jurisdiction and its insurance/pool provider
shall, at a minimum, consider the potential legal defenses to the claim and the
costs of defending the claim.
ii. Liability Determination — Apportionment of Damages. The lead jurisdiction,
with the assistance of its insurance/pool provider and risk manager, shall
determine whether JNET is liable for damages set forth in a claim, and whether
the payment of the claim would be in the best interest of the jurisdictions
and/or JNET. In the event the lead jurisdiction determines that payment of a
claim is appropriate, such determination shall be communicated to the other
jurisdictions and payment shall be apportioned as described above in Sections
10-11 of this Tasking Order among all jurisdictions that participated in the JNET
response.
In the event the lead jurisdiction determines that JNET is not liable for
damages set forth in a claim or that the payment of the claim would not be in
the best interest of the jurisdictions and/or JNET, the lead jurisdiction shall
notify the other jurisdictions of the determination, and such determination
shall be binding on the other jurisdictions; PROVIDED,that another jurisdiction
that determines that payment is appropriate may pay such claim in full, and
shall not seek reimbursement from the other participating jurisdictions.
iii. Letter From Insurance Adjusters. In the event a lead jurisdiction, in
conjunction with its insurance provider, determines that payment of a claim is
appropriate, the insurance/pool provider shall provide each of the
participating jurisdictions with a letter stating the determination and the basis
for such determination.
D. Claims over $5,000.
i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a
meeting with all jurisdictions participating in JNET to discuss the claim and to
determine the appropriate manner in which to respond and/or defend the
claim. The Law Enforcement Department Heads of the jurisdictions and
persons listed in Section 14 of this Tasking Order.
Joint Operational Tasking Order
Joint Narcotics Enforcement Team (JNET)
Page 7
13. Processing of Lawsuits.
A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit,
that jurisdiction shall provide notice and documentation of the lawsuit to each of the
other jurisdictions in accordance with Section 11 of this Tasking Order.
B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall
schedule a meeting with all of the jurisdictions participating in JNET to discuss the
lawsuit and to determine the appropriate manner within which to respond and/or
defend the lawsuit. The Law Enforcement Department Heads of the jurisdictions and
persons listed in Section 14 of this Tasking Order shall be notified of the meeting.
14. Notification of Claims and Lawsuits. Section 11 of this Tasking Order requires that the
jurisdiction receiving a claim or lawsuit notify and provide documentation of that claim or
lawsuit to the other jurisdictions. Nothing in the Tasking Order shall be deemed a waiver by
any participating jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact
that a participating jurisdiction provides notice or copies of a claim to another jurisdiction
shall not be deemed compliance with the requirement that a party who files suit against a
jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW.
Moreover, nothing in this Tasking Order shall be deemed acceptance of service of a lawsuit,
and the fact that a participating jurisdiction provides notice of copies of a lawsuit to another
jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State
or Federal Rules of Civil Procedure or the Revised Code of Washington.
For the purposes of implementing Section 11 of this Tasking Order, the following persons
from each jurisdiction shall receive any required notification or documentation:
City of Centralia Lewis County
Chief of Police Risk Manager
City Manager County Legal Office
Risk Manager County Manager
City Attorney
City of Chehalis
Chief of Police
City Manager
Risk Manager
City Attorney
Joint Operational Tasking Order
Joint Narcotics Enforcement Team (JNET)
Page 8
15.Term and Termination. This Joint Operational Tasking Order shall remain in effect until
modified or rescinded by the parties hereto. This agreement may be terminated by any of
the agencies after providing the other agency with seven (7) days written notice thereof.
Centralia Police DepartrYte Chehalis Police Department
By: -- By: c�"2 .)'�.—
Stacy Denha , Centralia Police Chief Glenn Schaffer,Chehali olice Chie
Date: C5`? — 1.3 - 20 Z.G Date: q•a4,2ce)
Lewis County Prosecuting Attorney's Office
By: ��
Jonathan L. Meyer, Prosecuting Attorney
Date: 09/2-37202-a
BOCC AGENDA ITEM SUMMARY
Resolution: 21-209 BOCC Meeting Date: June 1, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Establish the Lewis County Prosecuting Attorney's Drug Enforcement Fund No. 1610 for certain
purposes consistent with RCW 69.50.505
Contact: Eric Eisenberg Phone: 360-740-1241
Department: PAO - Prosecuting Attorney's Office
Description:
This resolution creates Prosecuting Attorney's Drug Enforcement Fund No. 1610.
Under a contract finalized last year, the Lewis County Prosecuting Attorney's Office provides legal
representation to the Joint Narcotics Enforcement Team (JNET) in drug forfeiture proceedings,
whereby JNET is permitted to seize money or property used to unlawfully manufacture or deliver
controlled substances, or proceeds from the unlawful sale of such substances. A portion of such
forfeited funds must be paid to the state, after which JNET provides a percentage of the forfeited
funds to the Lewis County Prosecuting Attorney's Office for the representation. Such funds must,
by law, be used for drug interdiction efforts and cannot supplant existing funding. Funds are
anticipated to be received now that the contract is in force; this dedicated account will segregate
them for audit, to prove they are used only for lawful purposes.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Grace Jimenez