HomeMy WebLinkAboutRes-2020-027 InterlocalBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTTON NO. 2o2o- 02+
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN BUREAU OF LAND MANAGEMENT SPOKANE DISTRICT OFFICE AND THE
KITTITAS COUNTY SHERIFF'S OFFICE
WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, provides for more effective
and efficient use of resources by allowing agencies to enter into cooperative agreements to
make mutual use of their abilities, and
WHEREAS, the increased protection of persons and property on the public lands
and roads administered by the US Department of the lnterior, Bureau of Land Management
(BLM), through cooperation between Kittitas County Sheriffs Office and BLM, by the
granting and acceptance of authority for BLM law enforcement officers to enforce State and
local laws and regulations pursuant to this Agreement is of mutual value; and
WHEREAS, the Sheriff can and has specially deputized a BLM enforcement officer
for such purposes, and
WHEREAS, the parties desire to formalize the terms and conditions applicable to
such special appointment,
NOW THEREFORE, BE lT HEREBY RESOLVED, that the Board of County
Commissioners of Kittitas County, Washington authorizes the execution of the lnterlocal
Agreement between Bureau of Land Management Spokane District Office and the Kittitas
County Sheriffs Office, and incorporated herein by this reference, and which shall be
forthwith filed with the Kittitas County Auditor pursuant to RCW 39.34.040.
ADOPTED this /8th of 2020
BOARD OF CO co MISSIONERS
NGTON
Commissioner
APPsovqr ns ro Hry, .?, ?;
-fl Clerk of the Board- Julie Kjorsvik
Douglas R.Mjldhetl, Deputy Prosecuting Attorney/
tr Deputy Clerk of the Board- Mandy Buchholz
RESOLUTION
MEMORANDUM OF I.'NDERSTANDING AND TNTERLOCAL AGREEMENT
BETWEEN THE
BUREAU OF LAND MANACEMENT
SPOKANE DISTRICT OFFICE
AND THE
KITTITAS COTJNTY SHERIFF'S OFFICE
I. PURPOSE
This Memorandum of Understanding (MOU) is entered pursuant to the authority of RCW
(Revised Code of Washington) Chapter 39.34 and provides for the increased protection
of persons and properly on the public lands and roads administered by the United States
Department of the lnterior, Bureau of Land Management (BLM), through cooperation
between the Kittitas County SherifPs Office and the BLM, by the granting and
acceptance of authority for BLM law enforcement officers to enforce State and local laws
and regulations pursuant to this MOU.
II. AUTHORITY
A. Bureau of Land Management
Section 303(d) of the Federal Land Policy and Management Act af 1976 (43
U.S.C. 1733(d) provides that, in connection with the administration and
regulation of the use and occupancy of the public lands, the Secretary is
authorized to cooperate with the regulatory and law enforcement officials of any
State or political subdivision thereof in the enforcement of the laws or ordinances
of such State or subdivision.
B. Kittitas County Sheriffs Oflice
Section 36.28.020 of the RCW grants the Sheriffof Kittitas County the power to
deputize persons in writing to perform particular tasks. The person designated
below by BLM has been specially commissioned by the Kittitas County Sheriff
pursuant to that statute and as defined in RCW 10.93.020(5).
Attachment 6-l
III. DEFINITIONS
A. Public Lands - Means any land and interest in land owned by the United States
within the several States and administered by the Secretary of the Interior,
through the BLM without regard to how the United Statesacquired owneiship,
except:
l. Lands located on the outer Continental Shelf
2. Lands held for the benefit of Indians, Aleuts, and Eskimos.43 u.S.c, l70z(e)
B. Law Enforcement Officer (LEO) - Law Enforcement Rangers and Speciat Agents
employed by the BLM who have been delegated law enfoicement authority b-y the
Director, BLM.
c. state Director - The stat€ Director, BLM, oregon/washington state office
D. special Agent-in-charge (sAC) - BLM special Agenhin charge for the
Oregon/Washington State Offi ce
IV. PROCEDURES
A. The Kittitas County Sheriff has the authority to enforce the laws of the State of
washington and the ordinances of Kittitas county on such public lands
administered by the BLM that lie within the confines of Kittitas County; and is
limited as to the amount of protection, patrol, and investigation that can be
provided on those public lands, waters, roads, and trails administered by the BLM
within Kittitas County.
B. The State Director, SAC, and the Kittitas County Sheriffhereby mutually agree
that it is desirable to cooperate and collaborate in better utilizing the resourJes of
both agencies while providing for more adequate protection of persons and
property on the public lands as follows:
The Kittitas county sheriffagrees to continue to enforce the civil and
criminal laws of washington state and Kittitas county on the public lands,
waters, roads, and trails administered by the BLM within the normal scope of
duty to the extent of cunent financial and manpower resources without
reimbursement by the BLM.
The BLM agrees, within the availability of funds and established Federal
regulations and policies, to enforce the authorized Federal raws and
regulations pertaining to the public lands administered by the BLM, and State
2
Attachment 6-2
and local laws in connection with their duties in the administration and
regulation ofthe use and occupancy ofthe public lands as defined herein.
3. The Kittitas county sheriffs office and the BLM mutually agree to provide
the maximum cooperation, assistance, and coordination possible, witilin the
availability of funds and established laws, regutations, and policies governing
the respective agencies that will assure the protection of peisons unJptop..ti
on the public lands, waters, roads, and trails administerea by the nfn4 wittrin
the confines of Kittitas County.
4. The Kittitas county sheriff further agrees that pursuant to RCW 36.2g.020 he
will designate BLM LEo, Ranger Timothy L Nicourin Jr., as a special
Deputy of the Kittitas County Sheriffs Office for enforcement oiWashington
State laws and regulations and Kittitas County ordinances in Kittitas Courity
The Kittitas county sheriff further understands and agrees that Ranger
Nicoulin is limited by the BLM to exercise said enforcement authorlty only in
connection with his duties in the administration and regulation of the use and
occupancy of the public lands as defined herein. Ranger Nicoulin will be
further instructed that the BLM may discipline any oflts LEos who exercise
State and/or local law enforcement authority in violation of the restrictions
imposed upon them by the BLM. prior to any such designation, the BLM
agrees to provide any training required by washington state law or the
Kittitas County SherifPs Office to Ranger Nicoutin.
It is understood and agreed that the authority granted by the Kittitas county
Sheriff includes the authority to execute any valid State or local wanant that
the Kittitas County Sheriffls Office has the authority to execute and for which
the Kittitas county sheriffs office has the authority to grant. However, it is
understood that the RtM limits Ranger Nicoulin to exeriise such authority
only in connection with his duties in the administration and regulation of ihe
use and occupancy ofthe public lands as defined herein, and, when feasible,
upon the request of the Kittitas County Sheriffs Office.
5. The BLM further agrees to take the following mutually agreed upon actions
related to violations of Washington State laws and Kittitai Couniy ordinances.
a. To respond to requests for back-up services to each other in emergency
"officer needs assistance" situations, as may be reasonable, prudent, and
necessary under the circumstances. It is further understood and agreed
that all officers will be instructed that Ranger Nicoulin is limited io
responding to those situations not on public lands where he is the closest
available officer and is within reasonable proximity, considering all
factors, to the situation requiring assistance.
b. To issue citations, arest, and/or release persons suspected of violations of
Washington State laws, regulations, or Kittitas County ordinances related
Attachment 6-3
to the administration and regulation of the use, occupancy, and
development of Public Lands,
c. To detain persons suspected of violating washington state laws,
regulations, or Kittitas county ordinances, any witnesses to those
violations, and to protect any related crime scene, pending anival of the
state or local agency having primary jurisdiction.
d. To arrest, transport, and release to an available state or local law
enforcement officer any person having a valid State or local warrant for
his/her arrest when requested by the Kiftitas County Sheriffs Office.
V. SCOPE AND CONDITIONS
A. Neither party shall be liable to the other or to its agents or employees for any loss,
lamage, personal injury, or death occuning in consequenr. o?'thl performance of
this MOU, except as provided herein.
B. No member of,-gr d9l_eqate to Congress, or State Official, shall be admitted to any
share or part of this Mou, or any benefit that may arise there from.
C. RangerNicoulin will remain under the supervision and responsibility of the BLM.
Ranger Nicoulin shall not be considered as coming within ihe scope of the Kittitas
County Sheriffs O{fice employment and none of ihe benefits of Iiittitas County
Sheriff s Office will be conferred under this MOU.
D. During the performance of this MOU, the participants agree to abide by the terms
of Executive Order 11246 on nondiscrimination and wili not discriminate against
any person because ofrace, color, religion, sex, age, disability, or nationat origln.
The participants will take affirmative action to eniure that appiicants are
employed without regard to their race, color, rerigion, r"*, ugl, disability, or
national origin.
E' Each party will fumish written information necessary for mutual enforcement
operations.
F. Any issues which cannot be reconciled between the Kittitas County Sherifls
Office and Ranger Nicoulin or any issue that affects either party's ierformanceunder this MOU shall be referred to the SAC. The SAC *itt Ui responsible for
coordinating with the appropriate officials to mutually resolve *y irru".
G' Nothing in this MOU will be construed'as affecting the authorities of either party
or as binding beyond their respective authorities.
H' Nothing in this MOU shall obligate the BLM to expend appropriation or to enter
into any contract or other obligation. Specific wori projects or activities that
involve the transfer of funds, service, or property betrveln the parties to this MOUwill require the execution of separate agreements or contracts, contingent upon
Attachment 6-4
the availability of funds as appropriated by Congress. Each subsequent agreement
or arrangement involving the transfer of funds, service, or property shall be made
in writing and shall be independently authorizedby appropriate statutory authority
and regulations, including those applicable to procurement activities.
I. Subject to availability of funds, each party agrees to fund their own expenses
associated with the implementation of this MOU. Nothing contained herein shall
be construed as obligating the BLM to any expenditure or obligation of funds in
excess or in advance of appropriations, in accordance with the Anti-Deficiency
Act,3l U.S.C. S 1341.
J. Any records or documents generated as a result of this MOU shall be part of the
official BLM record maintained in accordance with applicable BLM Records
Management policies. Any request for release of records associated with the
implementation of this MOU to anyone outside the parties must be determined
based on applicable laws, including the Freedom of Information Act and the
Privacy Act.
K. This MOU shall be effective from the date of execution and shall remain in effect
until terminated with a 60-day witten notice from either party to the other party.
This MOU may be modified or amended upon written request of either party and
written concurrence of the other party.
L. This Agreement shall be filed as required by RCW 39.34.040 upon ratification.
VI. APPROVED
BARRY
BUSHUE
Digitally signed by BARRY
BUSHUE
Dalet 2020.07.29 1 3:03:54
-07'00'
Kittitas County Sheriff
L' 4 - Vt:,,
Date
Barry R. Bushue
State Director
Oregon/Washington
Bureau of Land Management
July 29,2020
Date
Attachment 6-5
ADOPTED this lf tt1 day of
f*smas+.+tucgetich a,la-\
Special Agent-in-Charge (rAotiilg)
Region 2 (AK,ID, OR/WA)
Bureau of Land Management
7-21- 2D
Date
BOARD OF COUNTY COMMISSIONERS
,w
Commissioner
4
Douglas R., Deputy Prosecuting Attorney
llllll
TOr
pClerk of the Board- Julie Kjorsvik
tr Deputy Clerk of the Board- Mandy Buchholz
Attachment 6-6