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HomeMy WebLinkAboutResolution 95-067-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington A RESOLUTION PROVIDING FOR ) EXCEPTIONS TO THE MARKING ) REQUIREMENTS FOR CERTAIN GRANT ) COUNTY MOTOR VEHICLES ) RESOLUTION NO. 95-67 -CC BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON, as follows: WHEREAS, RCW 46.08.065 empowers the appropriate governing body to provide by rule for exceptions to the marking of passenger motor vehicle requirements for local governmental agencies; and WHEREAS, RCW 46.08.065 (1) provides that local governmental agencies may utilize the same exceptions to the marking requirements for motor vehicles belonging to local governmental agencies, for the same purposes and under the same circumstances as permitted for state agencies under RCW 46.08.65(3); and WHEREAS, RCW 46.08.065(3) provides that motor vehicles used for confidential investigative purposes are not required to be marked pursuant to the provisions of RCW 46.08.065(2); and WHEREAS, RCW 46.08.065(3) provides, inter alia. , that motor vehicles used for law enforcement and confidential public health purposes are not required to be marked pursuant to the provisions of RCW 46.08.065(2); and RES. PROVIDING FOR EXCEPTIONS TO MARKING REQ. FOR CERTAIN GRANT COUNTY MOTOR VEHICLES - 1 WHEREAS, RCW 46.08.065(3) provides that motor vehicles used for purposes which qualify for the issuance of confidential license plates pursuant to RCW 46.08.066, are not required to be marked pursuant to the provisions of RCW 46.08.065(2); and WHEREAS, RCW 46.08.066 provides that an elected official may acquire a set of confidential plates for a motor vehicle when necessary for the personal security of said public official; and WHEREAS, given the recent turn of events relative to violent acts perpetrated against members of law enforcement, prosecution, and the judiciary, the Grant County Prosecuting Attorney desires to continue to utilize confidential plates for personal security; and WHEREAS, Grant County Mental Health routinely uses motor vehicles for the provision of confidential public health purposes, including without limitation, confidential public health care services to persons with mental illnesses or developmental disabilities; and WHEREAS, heretofore, Grant County Mental Health has routinely used unmarked motor vehicles for the provision of confidential public health purposes, including without limitation, confidential public health care services to persons with mental illnesses or developmental disabilities; and WHEREAS, Grant County Mental Health desires to continue to routinely use unmarked motor vehicles for the provision of confidential public health purposes, including without limitation, confidential public health care services to persons with mental illnesses or developmental disabilities; and WHEREAS, it is essential for Grant County Mental Health to continue to routinely use unmarked motor vehicles for the provision of confidential public health purposes, including without limitation, confidential public health care services to persons with mental illnesses or developmental disabilities, to effectively deliver same, and not violate right to privacy laws; and RES. PROVIDING FOR EXCEPTIONS TO MARKING REQ. FOR CERTAIN GRANT COUNTY MOTOR VEHICLES - 2 WHEREAS, the Grant County Prosecuting Attorney and legal staff are members of law enforcement within the criminal justice system; WHEREAS, the Grant County Prosecuting Attorney's motor vehicle is used for the purpose of confidential investigation and interviewing witnesses. Many of the Grant County Prosecuting Attorney's inquiries and interviews of witnesses are of such a nature that people are interviewed in the interests of justice, which require confidentiality; and WHEREAS, there are many occasions when the Grant County Prosecuting Attorney and/or staff are required to talk to people regarding confidential matters, whereby the safety of the witnesses and/or victims could be compromised if the public were aware that the witnesses and/or victims were talking to the Grant County Prosecuting Attorney and/ or staff; and WHEREAS, heretofore, the Grant County Prosecuting Attorney has routinely used unmarked motor vehicles to meet with witnesses and/or victims, including without limitation, at crime scenes; and WHEREAS, it is imperative for the successful operation of the criminal justice system and for successful criminal prosecution, for the public to cooperate with law enforcement officials; and WHEREAS, it is imperative for the successful operation of the criminal justice system and for successful criminal prosecution, for the public, when providing information, to be afforded anonymity when required; and WHEREAS, the Grant County Prosecuting Attorney desires to continue to use unmarked motor vehicles to meet with witnesses and/or victims, including without limitation, at crime scenes; and WHEREAS, it is essential for the Grant County Prosecuting Attorney to continue to use unmarked motor vehicles to meet with witnesses and/or victims, including without limitation, at crime scenes; and RES. PROVIDING FOR EXCEPTIONS TO MARKING REQ. FOR CERTAIN GRANT COUNTY MOTOR VEHICLES - 3 WHEREAS, the State of Washington has historically recognized the need of the Grant County Prosecuting Attorney's need of a motor vehicle to be used for the purpose of confidential investigation and interviewing witnesses; and WHEREAS, the State of Washington has previously issued a confidential plate for a motor vehicle assigned to the Grant County Prosecuting Attorney, to be used for the purpose of confidential investigation and interviewing witnesses; and WHEREAS, it would defeat the purpose of the State of Washington issuing confidential plates for the motor vehicle assigned to the Grant County Prosecuting Attorney if said vehicle were required to be marked pursuant to the provisions of RCW 46.08.065(1); and WHEREAS, the Board of Commissioners desire to provide by rule for an exception to the marking of passenger motor vehicle requirements for the Grant County Prosecuting Attorney and Grant County Mental Health as local governmental agencies. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED, as follows: Section 1: The Board of Commissioners hereby provide by rule for an exception to the marking of passenger motor vehicle requirements for local governmental agencies, for the passenger motor vehicle assigned to the Grant County Prosecuting Attorney's Office and the passenger motor vehicles assigned to Grant County Mental Health. Section 2: It is hereby found and declared that Grant County Mental Health has a need to use unmarked motor vehicles for the provision of confidential public health purposes, including without limitation, confidential public health care services to persons with mental illness or developmental disabilities, and thereby qualifies for the statutory exemption to marking requirements for passenger motor vehicles for local governmental agencies within the contemplation of Chapter 46.06 RCW. RES. PROVIDING FOR EXCEPTIONS TO MARKING REQ. FOR CERTAIN GRANT COUNTY MOTOR VEHICLES - 4 Section 3: It is hereby found and declared that the Grant County Prosecuting Attorney's Office has a need to use the motor vehicle assigned to it for the purpose of confidential investigation and interviewing witnesses and thereby qualifies for the statutory exemption to marking requirements for passenger motor vehicles for local governmental agencies within the contemplation of Chapter 46.06 RCW. Section 4: Pursuant to the authority granted by Chapter 46.08 RCW, the passenger motor vehicle assigned to the Grant County Prosecuting Attorney and the passenger motor vehicles assigned to Grant County Mental Health are hereby exempted from the marking of passenger motor vehicle requirements for local governmental agencies, as set forth in Chapter 46.08 RCW; and Section 5: All resolutions or parts thereof in conflict with this resolution are, to the extent of said conflict, are hereby repealed. PASSED AND ADOPTED by the Board of County Commissioners of Grant County, Washington, this 30th day of May, 1995. BOARD OF COUNTY COMMISSIONERS GRANT COUNT', WASHINGTON (U" Tim Sne d, Helen Fancher, Member J LeOZAIV�i`son,Member ATTEST: Olt0, f_ Peggy Ng,�kle`rk he Board vv `U RES. PROVIDING FOR EXCEPTIONS TO MARKING REQ. FOR CERTAIN GRANT COUNTY MOTOR VEHICLES - 5