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HomeMy WebLinkAboutRES 45611 CITY OF RENTON, WASHINGTON RESOLUTION NO. 4561 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH UNITED STATES POSTAL INSPECTION SERVICE (USPIS) FOR THE PURPOSE OF PARTICIPATING IN THE SEATTLE CONTRABAND INTERDICTION AND INVESTIGATIONS (CI2) TASKFORCE. WHEREAS, the City and The United States Postal Inspection Service (USPIS) are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, RCW 10.93, The Mutual Aid Officers Powers Act, and RCW 53.08, Powers allows for the provision of mutual aid by and between law enforcement agencies; and WHEREAS, Renton Police Department (RPD) in partnership with USPIS will investigate, arrest and prosecute individuals participating in criminal activity associated to the U.S. Mail in the jurisdictional areas in order to protect the general public and create a safer and more secure environment for businesses and the general public in the State of Washington; and WHEREAS, mult-jurisdictional efforts to handle specific and complicanted criminal invesitgations including but not limited to narcotics, fraud, and firearms violations associated to the U.S. Mail result in more effective pooling of resources, equipment, training, and expertise; and WHEREAS, USPIS has formed the Seattle Contraband Interdiction and Investigations (CI2) Tasforce, to handle specific and complicated investigations associated to the U.S. Mail system, specifically in and around King County. RESOLUTION NO. 4561 WHEREAS, the Seattle Contraband Interdiction and Investigations (C12) Taskforce, has improved services for the community of all participating jurisdictions, increased communication, sharing of resources, increased safety for officers and the community, and provided improved cost effectiveness; and WHEREAS, it is necessary to document the terms, conditions, and supervision under which RPD will operate within the Seattle Contraband Interdiction and Investigations (C12) Taskforce. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the USPIS regarding a selected member of RPD to participate in the Seattle Contraband Interdiction and Investigations (Cl2) Taskforce, attached hereto as Exhibit "A" and incorporated by this reference. PASSED BY THE CITY COUNCIL the 28th day of July, 2025. Jaso . Seth, Cit erk APPROVED BY THE MAYOR this 28th day of July, 2025. a 1114,) Armondo Pa one, Mayor 2 RESOLUTION NO. 4561 Approved as to form: R ; ti - Shane Moloney, City Attorney * SEAL 25RES015: PD: 6.24.25 y � o g'4���0a4 T EDP`t.,0��. 3 RESOLUTION NO. 4561 EXHIBIT "A" INTERLOCAL AGREEMENT FOR SEATTLE CONTRABAND INTERDICTION AND INVESTIGATIONS (Cl2) TASKFORCE BETWEEN THE CITY OF RENTON AND THE UNITED STATES POSTAL INSPECTIONS SERVICE 4 Exhibit A • MEMORANDUM OF UNDERSTANDING This document sets forth the general understanding between the United States Postal Inspection Service(USPIS),the Renton Police Department with respect to a joint cooperative law enforcement effort,hereinafter referred to as the Seattle Contraband Interdiction and Investigations(Cl2)Taskforce. This document is not intended as a formal contract,but rather as an expression of understanding to facilitate cooperation. This document is an internal government agreement and is not intended to confer any rights or benefits to any private person or party. The goals of the Seattle Cl2 Taskforce will be to protect the public by investigating and prosecuting criminal offenses related to the trafficking of controlled substances/other dangerous drugs and violations of money laundering statutes. I. Purpose The purpose of this Agreement is to develop a cooperative effort with Federal, State and local law enforcement agencies charged with the investigation and prosecution of criminal offenses involving the trafficking of controlled substances and money laundering violations,as well as to establish the terms and conditions under which participating Agencies may coordinate investigative efforts with and/or provide assistance to the USPIS in developing investigations and cases for criminal prosecution. II. Mission To investigate,arrest and prosecute individuals participating in illegal drug activity associated to the U.S.Mail in the jurisdictional areas in order to protect the general public from illegal drug activity and create a safer and more secure environment for businesses and the general public in the State of Washington. III. Objective A. To facilitate and maintain communications with participating agencies to maximize the effective use of the Task Force intelligence and resources. B. To share intelligence and other resources. C. To conduct coordinated responses to mailings containing controlled substances and/or proceeds from the sales of controlled substances. D. To identify illegal drug traffickers utilizing the mail and to cause their successful prosecution. E. To substantially reduce the illegal drug mailings committed in the State of Washington. IV. Authorities USPIS participation in this MOU is authorized under 18 U.S.C. §3061,39 U.S.C. §401,404 and 411. V. Participants The following Federal and local law enforcement agencies are participants in this initiative: A. United States Postal Inspection Service B. Renton Police Department Any State or local employees assigned to the Seattle Cl2 Taskforce in accordance with this Agreement are not considered Federal employees,are not employed by the United States Postal Service(USPS)or the USPIS. They do not take on the status or benefits of Federal employment, USPS employment,or USPIS employment by virtue of this assignment. VI. Personnel Commitment Each participating agency intends to provide experienced law enforcement personnel on a full- time basis to the Seattle Cl2 Taskforce for participation on designated investigations. The participating agency will certify the personnel assigned to the Seattle Cl2 Taskforce are not the subject of any current or pending disciplinary actions,or completed disciplinary actions which would in any way compromise the mission of the initiative. Additions or deletions of personnel will be at the discretion of the authorizing supervisors of the respective participants. The participating agencies agree to furnish the following complement of personnel dedicated to the Task Force: A. USPIS—up to nine Postal Inspectors/Task Force Officers B. Renton Police Department—up to one Detective/Task Force Officers The Renton Police Department agrees to furnish vehicles for their assigned investigators and provide them immediate access to such vehicles to travel from their residences in order to be able to respond to joint initiative-related emergency call-outs,to begin and end tours of duty in order to maximize investigative time,and to otherwise conduct investigations of common interest. Addendum A outlines vehicle reimbursement. The following departments assigned to Seattle Cl2 Taskforce may request overtime as outlined in this MOU: A. Renton Police Department Members of the Task Force will be responsible for the investigation of the use of the mail to engage in the trafficking of controlled substances,firearms and money laundering violations. Continued assignment of specific personnel to the Task Force will be based on performance and will be at the discretion of their respective agency heads. VII. Principles The following principles will help guide relationships among all law enforcement participants in this initiative regarding policy,planning,training,supervision and public relations. All agencies participating in the initiative agree these principles will serve as a basis to mediate any disputes that arise during its operation. VIII. Recognition of Authority The Renton Police Department recognizes the U.S. Postal Inspection Service is the principal Federal Law Enforcement Agency responsible for the investigation and enforcement of Federal laws regarding the U.S.Mail,use of the mails,and property in the custody of the U.S.Postal Service,as well as other Postal offenses. The Renton Police Department understands U.S. Mail under the custody or control of USPS is sealed against inspection and cannot be opened except under the authority of a Federal Search Warrant issued pursuant to Rule 41 of the Federal Rules of Criminal Procedure, or by consent from the sender and/or addressee of the mail piece.The Renton Police Department may not, in any manner,detain or otherwise interfere with U.S. Mail,or record information from mail matter unless specifically authorized to do so by a U.S.Postal Inspector. IX. Administration Because this Memorandum of Understanding outlines a cooperative endeavor on the part of all the participants,the policy,program involvement,and direction of this initiative should be joint responsibilities of the enforcement supervisors of the participants. Therefore,the cases will be jointly investigated and no particular participating agency will prevail over another or will act unilaterally. The participants(or designated representatives)will meet regularly as agreed upon to discuss investigations related to the above mentioned offenses. X. Jurisdiction The determination as to whether a case will be prosecuted federally or by the appropriate county or state authority will be based upon which level of prosecution will best serve the interest of justice consistent with the overall mission objectives of the initiative. XI. Supervision In order to affect efficient field operations,operational supervision of the personnel assigned to the Seattle Cl2 Taskforce,while working on initiatives or investigations directly related to the Seattle Cl2 Taskforce,will be the responsibility of a designated field supervisory officer. For the Seattle Cl2 Taskforce the field supervisory officer is the U.S. Postal Inspector/Team Leader (TFS)in charge of Team 0601. On matters not related to the Seattle Cl2 Taskforce,assigned personnel will continue to be subject to the established lines of supervision of their respective agencies. In the event of a conflict with respect to supervisory authority,no action will be taken by the involved personnel until the conflict is resolved at the agency head level. Each member of the Seattle Cl2 Taskforce is subject to the personnel rules,regulations, laws and policies applicable to their respective agency. Each Seattle Cl2 Taskforce member will continue to report to his or her respective agency supervisor for non-investigative matters not detailed in this MOU. Dismissal from the Task Force will occur solely upon consultation and subsequent approval by agency management of the respective agency heads. XII. Operation The TFS, in consultation with a case specific Assistant United States Attorney(AUSA),or the state and/or local prosecutor,will be primarily responsible for directing and monitoring investigations related to the Seattle Cl2 Taskforce. In cases which have been designated for federal prosecution,all investigative procedures shall conform to the current USPIS and Department of Justice regulations and guidelines on criminal investigations and undercover operations. XIII. Information Sharing A. No information possessed by the USPIS,to include information derived from informal communications between Seattle Cl2 Taskforce personnel and USPIS employees not assigned to the Seattle Cl2 Taskforce,may be disseminated by Seattle Cl2 Taskforce personnel to non- Seattle Cl2 Taskforce personnel without prior USPIS authorization and in accordance with the applicable laws and internal regulations,procedures or agreements between the Seattle Cl2 Taskforce and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, Seattle Cl2 Taskforce personnel will not provide any participating agency information to the USPIS that is not otherwise available to it unless authorized by appropriate participating agency officials. This prohibition shall not be interpreted to limit or prevent discussion between the Seattle Cl2 Taskforce member and his/her Renton Police Department supervisors. B. Each Party that discloses PII is responsible for making reasonable efforts to ensure that the information disclosed is accurate,complete,timely,and relevant. C. The USPIS is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data,the recipient will promptly notify the USPIS so that corrective action can be taken. Similarly,if the USPIS becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. D. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party,and that information is only made available to the receiving Party as may be permitted by laws,regulations,policies,or procedures applicable to the disclosing Party. E. Each Party will immediately report to the other Party each instance in which data received from the other Party is used,disclosed,or accessed in an unauthorized manner (including any data losses or breaches). XIV. Administrative Support Routine administrative support will be provided by the USPIS. TFOs will be provided access badges and necessary keys. USPIS will provide a cellphone and computer for the TFOs. USPIS will provide access to office space and equipment as required. XV. Access to USPS/USPIS Facilities At the direction of a Postal Inspector,TFOs may retrieve parcels from areas where mail is accepted or processed when the parcels are related to ongoing investigations. TFOs must be accompanied by a Postal Inspector while conducting interdictions at USPS facilities. XVI. Financial Responsibility Each participating agency will be responsible for the pay and benefits of their employees participating on the Task Force. XVII. Overtime Payments The Renton Police Department may request reimbursement of overtime salary expenses in connection with work performed on behalf of,and in furtherance of investigations performed by their investigators assigned to this initiative.Renton Police Department officers are required to provide the Task Force Supervisor documentation of approved investigative activity for certification,including the applicable case numbers. At the sole discretion of the USPIS and as funding allocations permit,the USPIS will reimburse the participating agencies for overtime salary expenses directly related to work on the Seattle Cl2 Taskforce performed by its officer(s)assigned to Seattle Cl2 Taskforce. Participating agency officers shall be required to provide the TL with their overtime hours,along with referencing case numbers and documentation of investigative activity for certification by the TL prior to submitting their overtime for invoice preparation. It is requested that the participating agency provide a separate breakdown,by officer,of the date(s)and the number of hours they worked overtime along with the referencing case numbers,in addition to the overtime invoice. Overtime invoices should be submitted at least monthly to the USPIS Seattle P&DC(Seattle),to the attention of the TFS. The maximum reimbursement allowable for overtime worked on behalf of the joint operation is $20,707.50 per year,per Task Force officer. Procedures for submitting requests for reimbursement are outlined in Attachment A. XVIII. Program Audit A. This Agreement and its provisions are subject to audit by the USPIS,USPS OIG,and other designated government auditors. The participating agency agrees to permit such audits and agrees to maintain all records relating to these transactions for a period of not less than three years,and in the event of an ongoing audit,until the audit is completed. B. These audits may include reviews of any and all records,documents,reports,accounts, invoices,receipts of expenditures related to this agreement, as well as interviews of any and all personnel involved in these transactions. XIX. Forfeitures Forfeiture actions will be processed by the USPIS. All seizures will be equitably shared consistent with DOJ and USPIS equitable sharing guidelines. The parties agree that at the discretion of the U.S. Postal Inspector's appointed designee,assets seized during Seattle Cl2 Taskforce investigations will be forfeited under State of Washington or Federal law,depending on the circumstances of the case and applicable laws. It is understood however that final decisions with respect to Equitable Sharing for assets forfeited administratively,are made at Inspection Service National Headquarters. Final decisions with respect to assets forfeited through Federal civil or criminal actions are made by the U.S.Department of Justice. XX. Evidence Evidence collected pursuant to Seattle Cl2 Taskforce investigations will normally be held by the agency responsible for presenting the case for prosecution unless other arrangements are made. Evidence collected in Seattle Cl2 Taskforce investigations which require forensic analysis will be submitted to USPIS Forensic Laboratory Services unless the situation dictates otherwise. XXI Media Relations and Press Releases Media relations and press releases will be coordinated between the participating Seattle Cl2 Taskforce agencies and controlled by the designated Seattle Cl2 Taskforce supervisory officer and the office of prosecution. Seattle Cl2 Taskforce participants agree that information will only be disseminated to the media in accordance with the terms of this MOU. XXII. Disclosure of Grand Jury Proceedings All personnel assigned to the Seattle Cl2 Taskforce shall strictly adhere to the requirements of Rule 6(e)of the Federal Rules of Criminal Procedure regarding grand jury secrecy. XXIII. Compliance with Civil Rights Act of 1964 All personnel assigned to this initiative will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed by and pursuant to the regulations of the Department of Justice(28 CFR Part 42, Subparts C and D)issued pursuant to Title VI,relating to discrimination on the grounds of race,color,creed, sex,age,or national origin,and equal employment opportunities. XXIV. Liability Participating Agencies shall hold USPIS, its agents,employees,and representatives harmless from and against any and all claims,actions,or causes of actions and liabilities which may be asserted by third parties arising out of or resulting from any act taken or committed or any omission by Agency personnel pursuant to this agreement. This agreement and limitation on liability shall not discharge any claim for reimbursement made by USPIS to Participating Agencies for damages or expenses under the terms of this agreement. Any third party claims,cause of action and liabilities asserted will be handled in accordance with the Federal Tort Claims Act(FTCA),28 U.S.C. 1346(b),2671-2680. XXV. Duration This memorandum is in effect upon signing by authorized representatives of participating agencies and USPIS and shall continue in full force and effect until terminated or canceled by the parties. This memorandum may be terminated or canceled by either party at any time on written notice provided thirty(30)days in advance of the effective date of termination. Any modification or amendment to this agreement shall become effective when reduced to writing and signed by the authorized officials of the respective agencies. XXVI.Authorization This Memorandum of Understanding is hereby accepted as setting forth the general intentions and understanding of the undersigned. By: Date: Name: Title: Agency: By: Date: Name: Title: Agency: By: Date: Name: Title: Agency: By: Date: Name: Title: Agency: ATTACHMENT A Cost Reimbursement Agreement It is hereby agreed between the United States Postal Inspection Service("USPIS")and the 1055 South Grady Way,Renton WA 98057,Federal Taxpayer Identification Number 91-6001271 that: Subject to the availability of funds,the Inspection Service will reimburse the Renton Police Department for overtime payments for the law enforcement officer(s)assigned to a joint initiative with the Postal Inspection Service—Seattle Division as set forth below for expenses necessary for detection, investigation,and prosecution of crimes against the United States. Overtime reimbursements for the Renton Police Department Officers assigned to the initiative will be authorized and issued on an as needed basis,and will be calculated at the usual rate for which the individual Officer's time would be compensated.The overtime reimbursement allocation for Renton Police Department officers assigned to the initiative will not exceed$20,707.50 for each officer per Fiscal Year(October through September). Overtime and vehicle reimbursement will be made directly to the Renton Police Department by the Inspection Service. All overtime and vehicle reimbursement payments are made by electronic fund transfer("EFT'). An ACH vendor/miscellaneous payment enrollment form must be on file with the Inspection Service's Seattle Division Headquarters to facilitate payments. The Renton Police Department agrees to the vehicle reimbursement as set forth in the Vehicle Use Addendum. Renton Police Department Overtime invoices requesting reimbursement for any given month should be submitted to the USPIS at the address below by the 10th calendar day of the following month for which reimbursement is requested: U.S. Postal Inspection Service ATTN: Terry Stinson PO Box 400 Seattle,WA 98111 Renton Police Department At the commencement of each USPIS fiscal year,the Renton Police Department will re-execute the Vehicle Use Agreement. Requests for reimbursement will include the name,rank,identification number,overtime compensation rate,number of reimbursable hours claimed and the dates of those hours for each Officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the Renton Police Department that the request has been personally reviewed,the information is accurate,and the personnel for whom reimbursement is claimed were assigned to the joint initiative. Each request for reimbursement will include: an invoice number, invoice date,TIN,and correct banking information,to complete the electronic funds transfer. The necessary banking information is the depositor's account title,bank account number,routing number,and type of account(checking,savings, or lockbox). If the banking information changes,the Renton Police Department must submit a new ACH vendor/miscellaneous payment enrollment form to the USPIS. Date: Anthony Galetti Inspector in Charge,Seattle Division United States Postal Inspection Service Date: NAME TITLE Renton Police Department USE STATE/LOCAL DEPARTMENT LETTERHEAD May 2, 2025 Anthony Galetti Inspector in Charge US Postal Inspection Service Seattle Division Dear INC Galetti: I am writing to you on behalf of the Renton Police Department, concerning Detective Joe Singer, Badge#12056,who is currently assigned to the Special Enforcement Team. Detective Joe Singer was assigned to the Special Enforcement Team on in October 1, 2024. The Renton Police Department has reviewed the character and internal personnel files for Detective Singer, and it confirms that Detective Singer is suitable for assignment with the United States Postal Inspection Service Seattle Division Cl2 Team. The Renton Police Department is not aware of any potential impeachment information regarding Detective Singer, including any of the following: agency or judicial findings of misconduct relating to truth, bias, or integrity; substantive violations of law, Department policy or Department procedure; or pending investigations. Further, Detective Singer is not restricted from possessing a firearm as set forth in 18 U.S.C. § 922(h). As a prerequisite to employment,the Renton Police Department conducted a background investigation, including a FBI fingerprint check, and no derogatory information was uncovered. Accordingly,the Renton Police Department is prepared to report that Detective Singer is a member of the Renton Police Department in good standing, has no delinquent financial obligations, and has met all of the hiring and drug use policy requirements, and is suitable to be assigned to the Task Force. There are no additional issues with Detective Singer that are relevant to USPIS's consideration of the request for deputation. The Renton Police Department understands and agrees to comply with its continuing obligation to provide any derogatory information to prosecutors in response to GigliolHenthorn or similar requirements. If you have any questions, please feel free to contact me, at 425-430-7512. Sincerely, Ryan Rutledge Deputy Chief Renton Police Department Attachment ADDENDUM A Vehicle Use Agreement It is hereby agreed between the United States Postal Inspection Service (USPIS) and the Renton Police Department, 1055 South Grady Way, Renton WA 98057 that: OPTIONAL PARAGRAPH 1 The Renton Police Department will provide a vehicle for each full-time participating Task Force Officer. The USPIS will be provide $2,500.00 per year for the routine maintenance of each vehicle. Respective agency vehicles, in other than emergency situations, will be driven by personnel of the agency owning the vehicle. This is an internal government agreement between USPIS and Renton Police Department and is not intended to confer any right or benefit to any private person or party. Anthony Galetti Date Inspector in Charge Seattle Division U.S. Postal Inspection Service Date [Type here]