HomeMy WebLinkAboutSH22-018 - WALLA WALLA INTERLOCAL AGREEMENT - PARTIALLY EXECUTED NEEDS BOCCINTERLOCAL AGREEMENT BETWEEN
WALLA WALLA COUNTY, WASHINGTON
AND KITTITAS COUNTY, WASHINGTON,
FOR THE HOUSING OF INMATES
THIS INTERLOCAL AGREEMENT is made and entered into on this — day of
, 2022 by and between Kittitas County, Washington, a Washington
municipal corporation, hereinafter referred to as "Kittitas County", "The County" or "KCJ"
on behalf of Kittitas County Jail, and Walla Walla County, Washington, also a Washington
Municipal Corporation, hereinafter referred to as "Walla Walla County", each party having
been duly organized and now existing under the laws of the State of Washington. Both
entities may be referred to in this Agreement collectively as "Parties" or individually as
"Party".
WITNESSETH:
WHEREAS, Kittitas County owns and operates the Kittitas County Jail
(KCJ), located in Ellensburg, Washington; and
WHEREAS, Walla Walla County and the law enforcement agencies
within Walla Walla County employ law enforcement officers who arrest persons
for misdemeanors, gross misdemeanors, or felonies, which may result in jailing
of the person arrested; and
WHEREAS, Walla Walla County seeks to contract for jail facilities and
services from KCJ for confinement of Walla Walla County prisoners; and
WHEREAS, KCJ has expressed a willingness to provide jail facilities
and services to Walla Walla County; and
WHEREAS, the Interlocal Cooperation Act (Chapter 39.34 RCW) and
the "City and County Jails Act" (Chapter 70.48 RCW), authorizes contracts for
jail services made between two counties; and
WHEREAS , the governing bodies of each of the parties hereto have
determined to enter into this Interlocal Agreement (ILA) for the Housing of
Inmates by action taken at a regular meeting; and
NOW, THEREFORE, in consideration of the above and foregoing
recitals, the payments to be made, the mutual promises and covenants herein
contained, and for other good and valuable consideration, the parties hereto agree
as follows:
Interlocal Agreement for the Housing of Inmates Walla Walla County and Kittitas
County
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I. Governing Law
The parties hereto agree that, except where expressly otherwise provided, the laws
and administrative rules and regulations of the State of Washington shall govern
in any matter relating to an inmate(s) confined pursuant to this Agreement.
II. Term
This agreement shall be effective from date fully executed and signed by all parties as listed
and shall extend until midnight, December 31, 2023, subject to earlier termination as
provided herein.
III. Notice
All notices, reports, and correspondence to the respective parties of this Agreement shall
be sent to the following:
To Walla Walla County:
Primary Contact:
Secondary Contact:
To the County of Kittitas:
Primary Contact:
Secondary Contact
IV. Definitions
Walla Walla County Corrections Department
300 West Alder Street
Walla Walla, WA 99362
Norris Gregoire, Director of Corrections
Phone: 509-524-2822
Commander Matt Stroe
Phone: 509-524-5434
Kittitas County Jail
205 W 5th Ave, Ste 1
Ellensburg WA 98926
Commander Steve Panattoni
Lt. Edward Buntin
Phone: 509-962-7527
The Parties hereby agree that the following terms shall have the specified meanings unless
indicated otherwise herein:
A. Day. A twenty-four hour-long unit of time commencing at 00:00:01 a.m., and ending
at 23:59:59 p.m.
B. Inmate Classifications. Shall be pursuant to the Kittitas County Jail Objective Jail
Inmate Classification which is modeled after the National Institute of Corrections Jail
Interlocal Agreement for the Housing of Inmates Walla Walla County and
Kittitas County
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Classification.
i) "Minimum" classification shall apply to those inmates who present
a low risk to staff and the community.
ii) "Medium" classification shall apply to those inmates who present
a moderate risk to staff and the community.
iii) "Maximum" classification shall apply to those inmates
who present a substantial risk to staff and the community.
C. Walla Walla Prisoner (or may also be referred to as offender in this Agreement)
means a person arrested by a Law Enforcement Officer of Walla Walla County or
another law enforcement agency located within Walla Walla County, either on behalf
of Walla Walla County or on behalf of municipalities within Walla Walla County and
booked into the Kittitas County Jail (KCJ) at any time and for any reason, including
after sentencing. It is anticipated that prisoners confined at KCJ will be those
sentenced to terms of incarceration in jail for periods of three hundred sixty-five days
(365) or less, but may also be, as deemed appropriate, be prisoners not yet convicted
under the same terms and conditions as those serving sentences. Transportation of all
prisoners confined at KCJ pursuant to this ILA shall be the responsibility of Walla
Walla County, including all costs.
D. Access of legal counsel to such prisoners shall be pursuant to the policies and
schedule of KCJ, and no cost of such counsel shall be the responsibility of the KCJ.
Kittitas County is in the process of implementing video conferencing for court
proceedings and attorney access, and upon implementation thereof, Walla Walla
County will be allowed to make use of this technology and process at its own
expense.
E. Any bond to be posted for Walla Walla County Prisoners shall be posted in
accordance with the orders of the court setting the pre-trial conditions, and all such
prisoners shall be transported to Walla Walla County by and at the expense of Walla
Walla County, except that KCJ and Walla Walla County may come to agreement for
alternative transport options, paid for by Walla Walla County, including but not
limited to the purchase of a bus ticket from Ellensburg to Walla Walla, the cost of
which would be reimbursed to KCJ.
V. Criteria for Determinin1l Prisoner Status
For the purposes of this agreement:
A. Walla Walla Prisoners being booked into the Kittitas County Jail shall remain the
responsibility of the Walla Walla County Transport Officers and shall not be deemed
an inmate of that facility until the Walla Walla County Prisoner is accepted by KCJ
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Kittitas County
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Corrections staff at the time of booking. Only Transport Staff authorized by Walla
Walla County may present a prisoner for confinement in KCJ pursuant to this ILA
unless previously arranged and approved in writing by the Jail Commander or his/her
designee or superior. Any prisoner transported by Walla Walla County to the KCJ with
documentation showing that the prisoner is being held pursuant to an order entered by
any court in Walla Walla County will be presumed to be acceptable for confinement
except as otherwise provided herein.
B. If a Walla Walla County Offender behaves in such a manner that disciplinary action is
needed to correct the behavior, the Walla Walla County offender will be subjected to
the same disciplinary process utilized by the County for the KCJ offenders. If a
sanction applied results in loss of good time, KCJ will notify the Walla Walla County
contact. If the offender behavior is to the level that KCJ determines they are no longer
appropriate for KCJ, notice will be made to Walla Walla County and the offender
removed from KCJ via either the regularly scheduled transport or as can be reasonably
arranged by Walla Walla County through special transport.
Vt. Jail and Medical Services
A. Inmates deemed Walla Walla Prisoners for medical purposes shall mean any person
incarcerated pursuant to this ILA. These prisoners shall receive such medical,
psychiatric, and dental treatment when emergent and necessary to safeguard their
health while housed in the Kittitas County Jail in the same manner and to the same
extent as any other prisoner. KCJ will provide or arrange for providing of such medical,
psychiatric, and dental services. Except for routine minor medical services provided by
the County within the Kittitas County Jail, Walla Walla County shall ultimately be
responsible and pay directly or reimburse the KCJ for any and all costs associated with
the delivery of any emergency or necessary medical service provided to Walla Walla
Prisoners. Walla Walla County shall be responsible for any and all emergent or
necessary medical, dental, and psychiatric treatment provided outside of the Kittitas
County Jail and shall be billed thereafter.
B. If the County becomes aware that a Walla Walla Prisoner is in need of medical health
care requiring the assistance of a medical health care services provider outside of the
Kittitas County Jail, then the County shall make reasonable effort to notify Walla Walla
County prior to obtaining said service. In the case of emergency, the County may notify
Walla Walla County after the service has been provided. Due to the realities of
transporting prisoners between Walla Walla County and the KCJ, it is anticipated that
other than routine medical appointments scheduled in advance, KCJ shall perform such
transport and other obligations needed to address the health needs of Walla Walla
Prisoners in the same manner as any other inmate of KCJ. Walla Walla County shall
be responsible for the cost of all transport and other arrangements. To the extent
possible, the parties agree that Walla Walla County will not seek to place its prisoners
in KCJ if significant medical care is reasonably anticipated.
Interlocal Agreement for the Housing of Inmates Walla Walla County and
Kittitas County
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C. An adequate record of all such services shall be kept by the County for Walla Walla
County's review at its request, to the extent consistent with confidentiality regulations.
Any medical or dental services of major consequence shall be reported to Walla Walla
County as soon as time permits. If the offender is transferred back to Walla Walla
County, a discharge summary containing information concerning health care provided
at KCJ shall accompany the offender via the Transport team.
D. Should medical, psychiatric, or dental services require hospitalization, Walla Walla
County agrees to compensate KCJ dollar for dollar any amount expended or cost
incurred in providing the same.
E. Upon payment to KCJ by Walla Walla County for a Walla Walla Prisoner's health care
expense, the County will assign to Walla Walla County, if requested by Walla Walla
County, any and all right to reimbursement for medical expenses authorized under
RCW 70.48.130.
F. Walla Walla County agrees to pay directly or reimburse the County for any and all
medical expenses, as defined in Section VI.A, incurred for Walla Walla Prisoners
which are not performed by medical staff on contract with the County within the
Kittitas Co-unty Jail, or paid by the Department of Social and Health Services, including
medical, psychiatric, and dental bills as well as prescription medication expenses.
VII. Transportation
Kittitas County shall be responsible for the transportation of all prisoners from KCJ to local
medical services and back. Walla Walla County shall pay the actual costs for Kittitas
County personnel required to appropriately and safely transport and maintain custody of
prisoners during medical treatment, including overtime as needed to maintain staffing for
operations. Kittitas County will contact Walla Walla County with regard to any pre -
planned major medical treatment to allow Walla Walla County to consider the option of
using its own personnel for transport and security, including provision of female personnel
for medical matters specific to women.
Walla Walla County shall be responsible for transporting all inmates to and from custody
between Walla Walla County and KCJ. KCJ shall provide Walla Walla County adequate
and sufficient notice of a Walla Walla County offender release date from KCJ so that
Walla Walla County can arrange transport on the scheduled transport back to Walla Walla
County, to prevent an inmate from being held beyond their release date. All inmates
shall be picked up and transported to Walla Walla County not less than 24 hours from
discharge, with the exceptions noted under Section IV (E) for offenders released once
bond had been posted. Walla Walla County shall provide all documentation related to the
booking of inmates, including court orders and the date and time at which custody
commenced and is to end.
Interlocal Agreement for the Housing of Inmates Walla Walla County and
Kittitas County
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VIII. Compensation
A. Kittitas County agrees to accept and house Walla Walla Prisoners for compensation
per prisoner at the rate of $69.83 per day for the year 2022 and $73.32 per day for the
year 2023 (also see Section VI herein) except as provided below. This rate includes
minimum, medium and maximum classification inmates. The parties agree that the
County will not charge Walla Walla County a separate booking fee in addition to such
rate.
B. The rate of compensation for any inmate requiring additional or specialized conditions
of incarceration to the extent that they must be placed alone in a single cell designed
for double occupancy shall be $139.65 per day for the year 2022 and $146.63 per day
for the year 2023. KCJ will promptly notify Walla Walla County if an offender is placed
alone in such a cell unless that housing is incidental to moving the offender or for short
term disciplinary separation.
C. The date of booking into, and the date of release from, the Kittitas County Jail of the
Walla Walla Prisoners, no matter how little time of a twenty-four hour day it
constitutes, shall count as one day for billing purposes and shall be billed to Walla
Walla County as a day of custody in Kittitas County.
IX. Billing and Billing Dispute Resolution Procedures
A. The County shall transmit billings to the designated contact for Walla Walla County
on the following dates: April 15th, July 151h, October 15th, and January 15th. Within
forty-five (45) days after receipt, Walla Walla County shall pay the full amount billed
or withhold any portion thereof related to disputed medical costs and provide the
County written notice specifying the amount withheld and the grounds for withholding
such amount, together with payment of the remainder of the amount billed.
B. The designated person for billing is:
Keri Weber, Executive Assistant
Walla Walla County Corrections Department
300 West Alder Street
Walla Walla, WA 99362
Phone: 509-524-5441
kweber@co.walla-walla.wa.us
co.walla-waIla.wa.us
C. Interest on unpaid balances not paid within 45 days of billing shall be computed at I %
of the unpaid balance per month, provided that an exception may be made by KCJ in
the event of an unforeseen event beyond the control of the parties. In this event, Walla
Interlocal Agreement for the Housing of Inmates Walla Walla County and
Kittitas County
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Walla County will notify KCJ as soon as it possible of the situation.
D. Withholding of any amount billed shall constitute a dispute to be resolved as follows:
i) The Sheriff and Prosecuting Attorney of Kittitas County and the Director of
Corrections and Prosecuting Attorney for Walla Walla County or their
designees shall attempt to resolve the dispute by negotiation. Negotiation
meetings may be conducted once per quarter, meeting in the months of
January, April, July, and October if requested. If negotiations are
unsuccessful, the dispute shall be referred to the Chairs of the Kittitas and
Walla Walla County legislative bodies for settlement. If not resolved by
them within thirty (30) days of referral, the Chairs of the respective Boards of
County Commissioners may, by mutual written consent, apply to the Kittitas
County Superior Court for appointment of an arbitrator whose decision shall
be final and binding on both parties. Each party shall pay their own costs,
expenses and fees for arbitration or litigation. If mutual written consent to
apply for the appointment of an arbitrator is not reached, either party may
seek court action to decide the disputed contract provision.
ii) Any amount withheld from a billing, plus interest thereon as set forth in Sec
IX (B) determined owed to Kittitas County pursuant to the billing dispute
resolution procedure described above shall be paid by Walla Walla County
within thirty (30) days of the negotiated resolution, arbitrator's decision, or
court finding.
E. Each party may examine the other's books and records to verify charges. If an
examination reveals an improper charge, the amount shall be applied to the next quarter
and subsequent quarter's payments until the credit has been exhausted. Any unused
credit, which exists at the termination of this agreement, shall be refunded within thirty
(30) days of the date of termination.
F. Billing Statements. The County shall provide a billing statement each quarter in
accordance with section IX (A).
G. Unpaid balances over 60 days in arrears may result in cancellation of access to KCJ for
booking of Walla Walla Prisoners.
H. Upon cancellation or expiration of this agreement, all Walla Walla Prisoners shall be
taken into Walla Walla County's custody on or before the effective date.
X. Termination
A. Termination for Material Breach. In the event either party believes the other party has
materially breached any obligations under this agreement, such parry shall so notify the
breaching party in writing, stating the basis upon which breach is claimed and the
Interlocal Agreement for the Housing of Inmates Walla Walla County and
Kittitas County
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specific provisions of this agreement claimed to have been violated. The breaching
party shall have thirty (30) days from the receipt of such notice to cure the alleged
breach and to notify the non -breaching party in writing that cure has been affected. If
the breach is not cured within the thirty (30) days, the non -breaching party shall have
the right to terminate this agreement by providing ninety (90) days prior written notice
to the other parry and to Washington State Office of Financial Management, as
provided in RCW 70.48.090. The ninety -day notice shall state the grounds for
termination and the specific plan for accommodating the affected jail population.
B. Termination by Mutual Agreement. This Agreement may be terminated by written
notice from either parry to the other party and to Washington State Office of Financial
Management, as provided in RCW 70.48.090, stating the grounds for said termination
and specifying plans for accommodating the affected inmates. The notice must be
delivered by regular mail to the contact persons identified in Section IV herein.
Termination shall become effective ninety (90) working days after receipt of such
notice.
C. Removal of Inmates Following Notice of Termination. Within the ninety (90) day
notice period set forth in subsection A or B above, or within such other period of time
as may be agreed upon in writing by the parties, Walla Walla County agrees to remove
its inmate(s) from Kittitas County Jail. In the event of termination of this agreement,
Walla Walla County shall compensate the County for prisoners housed by KCJ after
notice of such termination until Walla Walla County retakes its inmates in the same
manner and at the same rates as if this agreement had not been terminated.
XI. Responsibility for Offender's Custod
It shall be the responsibility of the County to confine the inmate or inmates; to provide
treatment, including the furnishing of subsistence and all necessary medical and hospital
services and supplies; to provide for the prisoners' physical needs; to make available to
them programs and/or treatment consistent with the individual needs; to retain them in said
custody; to supervise them; to maintain proper discipline and control; to wake certain that
they receive no special privileges and that the sentence and orders of the committing court
in the State are faithfully executed; provided that nothing herein contained shall be
construed to require the County, or any of its agents, to provide service, treatment, facilities
or programs for any inmates confined pursuant to this Agreement, which it does not provide
for similar inmates not confined pursuant to this Agreement. Nothing herein shall be
construed as to require the County to provide services, treatment, facilities, or programs to
Walla Walla Prisoners above, beyond or in addition to that which is required by applicable
law.
XII. Right of Refusal
The County shall have the right to refuse to accept any prisoner from Walla Walla County
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Kittitas County
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who, in the judgment of the County, has a current health condition which may adversely
affect the safety of the individual or the safe operations of the Kittitas County Jail or will
cause the reasonable operational capacity limits of KCJ to be reached or exceeded.
KCJ does not have the capability to house and care for inmates with serious medical or
mental health diagnoses. Such inmates are not eligible to be incarcerated in KCJ. To ensure
that such inmates are not presented to KCJ, all relevant records or other information of
whatever nature in the possession of or known to Walla Walla County shall be provided to
KCJ in advance. That information may be exchanged via phone call. KCJ shall secure
such records in a manner consistent with applicable State and Federal law and destroy them
promptly upon the decision to not accept such an inmate.
XIII. Indemnification
A. Kittitas County shall defend, indemnify, and hold harmless Walla Walla County, its
agents, employees, and officers from any and all liability arising out of the performance
of this agreement, whether by act or omission of Kittitas County, its agents, employees
or officers. Such liability shall include but not be limited to, intentional acts,
negligence, and violations of prisoner's constitutional rights.
B. Walla Walla County shall defend, indemnify and hold harmless Kittitas County, its
agents, employees and officers from any and all liability arising out of the performance
of this agreement, whether by act or omission of Walla Walla County, its agents,
employees, or officers. Such liability shall include, but is not limited to, false arrest and
false imprisonment..
C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to
injuries, sickness, death or damage caused by or resulting from the sole willful
misconduct or negligence of the other Party, its agents, officers, employees or sub -
consultants.
D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness,
death, or damage caused by or resulting from the concurrent negligence or willful
misconduct of the Parties or of the Parties and a third parry other than an officer, agent
or employee of the Parties, shall apply only to the extent of the negligence or willful
misconduct of each Party.
E. The parties agree to cooperate in defense of any and all claims made, of whatever
nature, to the extent possible.
F.
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Kittitas County
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XIV. Entire Contract
This agreement represents the entire understanding of the parties and supersedes any oral
representations that are inconsistent with or modify its terms and conditions.
XV. Modification
This agreement may be modified and amended only in writing and signed by the parties
hereto.
XVI. Independent Contractor
In providing services under this Interlocal Agreement, Kittitas County is an independent
contractor and neither it nor its officers, agents or employees are employees of Walla Walla
County for any purpose, including but not limited to, responsibility for any federal or state
tax, industrial insurance, or Social Security liability. Neither shall the provision of services
under this Interlocal Agreement give rise to any claim of career service or civil service
rights, which may accrue to an employee of Walla Walla County under any applicable law,
rule, or regulation.
XVII. General Provisions:
A. Purpose. The purpose of this Interlocal Agreement is to permit the joint use of the
Kittitas County Jail for confinement of prisoners of the parties to the Intcrlocal
Agreement, thereby promoting maximum use and efficiency of the Kittitas County
Jail.
B. Administrator. Pursuant to RCW 39.34.030(4)(a), the administrator for this
agreement shall be the Superintendent of the Kittitas County Jail.
C. Property. Unless otherwise specifically agreed by the parties in writing, all property,
personal and real, utilized by the parties hereto in the execution of this Agreement
shall remain the property of that party initially owning it.
D. Venue. Venue for any lawsuit shall be determined pursuant to RCW 36.01.050.
E. Filing. This Agreement shall be filed with the Kittitas County Auditor's Office or,
alternatively, listed by subject on each or either party's web site or other electronically
retrievable public source pursuant to RCW 39.34.040.
F. Severability. In the event any provisions of this Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such provisions shall be enforced
and valid to the extent permitted by law. All provisions of this Agreement are
severable, and the unenforceability or invalidity of a single provision herein shall not
Interlocal Agreement for the Housing of Inmates Walla Walla County and
Kittitas County
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affect the remaining provisions.
G. Waiver of Breach. The waiver by either party of the breach of any provision of this
Agreement by the other party must be in writing and shall not operate nor be construed
as a waiver of any subsequent breach by such other party.
H. Savings Clause. Nothing in this Agreement shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between
any provisions of this Agreement and any statute, law, public regulation or ordinance,
the latter shall prevail, but in such event, the provisions of this Agreement affected
shall be curtailed and limited only the extent necessary to bring it within legal
requirements.
Interpretation. This Agreement has been submitted to the scrutiny of all parties and
their counsel, if desired, and it shall be given a fair and reasonable interpretation in
accordance with its words, without consideration or weight given to its being drafted
by any party or its counsel. All words used in the singular shall include the plural; the
present tense shall include the future tense; and the masculine gender shall include the
feminine and neuter gender.
Access to Records. The parties hereby agree that authorized representatives of the
parties shall have access to any books, documents, paper and record of the other party
which are pertinent to this Agreement for the purposes of making audits,
examinations, excerpts and transcriptions. All such records and all other records
pertinent to this Agreement and work undertaken pursuant to this Agreement shall be
retained by the parties for a period of six years after the final expiration date of this
Agreement or any amendments hereto, unless a longer period is required to resolve
audit, findings, or litigation. In such cases, the parties may expressly agree by an
amendment or separate agreement for such longer period for record retention.
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Interlocal Agreement for the Housing of Inmates Walla Walla County and
Kittitas County
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IN WITNESS WHEREOF, the above and foregoing Interlocal Agreement has been executed
in duplicate by the parties hereto and made effective on the day and year first above written:
WALLA WALLA COUNTY:
Recommended for Approval:
Norris Gregoire Date
Approved as to form:
Prosecuting Attorney Date
Approved:
Accepted for Walla Walla County:
COUNTY OF WALLA WALLA
BOARD OF COUNTY COMMISIONERS
Chairman
Vice -Chairman
Commissioner
Attest:
Clerk of the Board of Walla Walla County Commissioners
Interlocal Agreement for the Housing of Inmates Walla Walla County and
Kittitas County
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COUNTY OF KITTITAS
BOARD OF COUNTY COMMISIONERS
Chairman
Vice -Chairman
Commissioner
COUNTY OF KITTITAS
SHERIFF'S OFFICE
Clayton Myers, Sheriff
ATTEST:
APPROVED AS TO FORM:
Douglas �tchell,Deputy Prosecuting Attorney
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
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Kittitas County
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