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HomeMy WebLinkAboutAgreements/Contracts - BOCC (003)0/ GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT. Commissioner's Office REQUEST SUBMITTED BY: B Vasquez/R Kaylor DATE:6/11/24 PHONE:2928 CONTACT PERSON ATTENDING ROUNDTABLE:13 Vasquez, R Kaylor CONFIDENTIAL INFORMATION: DYES 11 NO Request for the Chair to DocuSign the MOU with Department of Social and Health Services (DSHS) and WA State for settlement in Pierce County Superior Ct Cause No. 23-2-09161-8 involving competency concerns. If necessary, was this document reviewed by accounting? 11 YES F] NO 0 N/A If necessary, was this document reviewed by legal? ® YES D NO 11 N/A DATE OF ACTION: DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN a to j D1: D2: D3: 4/23/24 WITHDRAWN: RmAgreement / Contract EIAP Vouchers ElAppointment / Reappointment EIARPA Related El Bids / RFPs / Quotes Award OBid Opening Scheduled El Boards / Committees El Budget ElComputer Related FlCounty Code ElEmergency Purchase ElEmployee Rel. E Facilities Related 1-1 Financial 7 Funds El Hearing El Invoices / Purchase Orders ElGrants — Fed/State/County Ell -eases 7MOA /MOU F]Minutes ElOrdinances [:]Out of State Travel F Petty Cash El Policies R Proclamations El Request for Purchase n Resolution ORecommendation F-1 Professional Serv/Consultant 7Support Letter E]Surplus Req. F-1Tax Levies FlThank You's E]Tax Title Property EIWSLCB Request for the Chair to DocuSign the MOU with Department of Social and Health Services (DSHS) and WA State for settlement in Pierce County Superior Ct Cause No. 23-2-09161-8 involving competency concerns. If necessary, was this document reviewed by accounting? 11 YES F] NO 0 N/A If necessary, was this document reviewed by legal? ® YES D NO 11 N/A DATE OF ACTION: DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN a to j D1: D2: D3: 4/23/24 WITHDRAWN: K24-150 PROTECTED UNDER ER 408; CONFIDENTIAL; FOR SETTLEMENT PURPOSES ONLY MEMORANDUM OF UNDERSTANDING State of Washington And Asotin County HIickitat County Chelan County Lewis County Clallam County Lincoln County Clark County Okanogan County Columbia County Pacific County Cowlitz County Pierce County Douglas County Skagit County Garfield County Skamania County Grant County Snohomish County Grays Harbor County Spokane County Island County Stevens County Jefferson County Thurston County King County Whatcom County Kitsap County Yakima County 1 1 FRECEI IV ED JUN 1 1 2024 GRANT COUNTY cOMMISSIONEF3S I. PARTIES The State of Washington and the Washington Department of Social and Health Services (hereinafter "DSHS") (collectively hereinafter "the State"), through its representatives, have met, conferred and entered into this Memorandum of Understanding ("MOU") with the following Washington State Counties through their representatives: Asotin County, Chelan County, Clallam County, Clark County, Columbia County, Cowlitz County, Douglas County, Garfield County, Grant County, Grays Harbor County, Island County, Jefferson County, King County, Kitsap County, Klickitat County, Lewis County, Lincoln County, Okanogan County, Pacific County, Pierce County, Skagit County, Skamania County, Snohomish County, Spokane County, Stevens County, Thurston County, Whatcom County, and Yakima County (hereinafter "Counties"). The State and the Counties are hereinafter collectively referred to as the "Parties." 11. PURPOSES, OBJECTIVES, AND SCOPE 2.1. Following the commencement of litigation in the superior court, remand by the federal court after removal by the State, and entry of a preliminary injunction by the superior court, the Parties met and reached the accommodation set forth herein. The Parties intend this MOU to resolve the issues raised by the Counties in Pierce County Superior Court Cause Number 23-2-09161-8, and result in dismissal without prejudice of that action. 2.2. The purpose of this MOU is to provide for: (1) the receipt and evaluation of patients by the State referred there by court order under RCW 10.77.086(7); (2) advance notice by the State of release of committed persons under RCW 71.05.425; and (3) coordination between the State and the Counties to facilitate the operation of, and compliance with, state law, federal law, and federal court orders. 2.3. This MOU represents an accommodation between the State and the Counties to resolve a pending court action, but it is not a contract. The counties enter into this MOU as governmental entities under the authority of their elected Commissioners, or the legislative/executive authority provided by home rule charter. Nothing in this agreement purports to bind separately elected officials housed within the geographic boundaries of counties who are not within the control of the county government, including judges and prosecutors, whose official functions and discretionary acts are defined by statute and constitution. The State and the Counties intend to work collaboratively and in good faith to accomplish the objectives of this MOU. 4 IR. RECITALS 3.1 The State agrees to receive and evaluate civil conversion patients in facilities operated or contracted by DSHS under RCW 10.77.086(7) when ordered to do so by the superior court. 3.2. The State agrees to provide notice to county prosecutors and others as directed under RCW 71.05.425 regarding release, transfer or leave granted to committed patients. 3.4. The State understands that the Counties will use reasonable efforts to accomplish the following, recognizing that these tasks fall within the purview of separately elected officials who are neither parties to this agreement, nor subject to County supervision in the performance of their official duties: a. Provide the complete discovery packet, including documents, audio and video evidence, as directed under RCW 10.77.075 in a timely fashion, and consistent with the checklist attached as Appendix A to this MOU; The Counties understand that training on this subject is available to them on request, provided by the Attorney General's Office. b. Send DSHS orders dismissing criminal charges under RCW 10.77.Q86 as soon as possible after the order is entered by the 5 court but no later than the next business day following the entrance of such an order; and C. Respond to reasonable informational questions from DSHS, and assist with the recovery of court documents and other disclosable documents within the Counties' control, as needed. 3.5. While recognizing that this MOU does not impact or limit prosecutorial and judicial discretion as previously recited, the Parties agree on certain principles for moving forward relating to wise use of behavioral health services, including the benefit of working collaboratively where appropriate to facilitate the State's ability to: (1) make effective use of state hospital and other behavioral health resources; (2) avoid overcrowding of such facilities; and (3) maintain timely compliance with the federal and state requirements for competency evaluation and restoration. 3.6. For the avoidance of doubt, the failure of any county to bring about compliance with the provisions of this Sections 3.4 and 3.5 will not excuse the State's obligations to receive and evaluate civil conversion patients under RCW 10.77.086(7) and Section 3.1 of this MOU. lei IV. GENERAL PROVISIONS 4.1. Nothing in this MOU expands, alters, amends or limits the rights, authority, responsibilities, sovereignty, or jurisdiction of any party. The attorneys executing this MOU are doing so on behalf of their client Counties, not on behalf of any independent prosecuting attorney or judge elected in those Counties. Nothing in this MOU should be construed as an admission of liability or fault by Defendants or an admission by Plaintiffs of validity of defense asserted by Defendants. 4.2. Nothing in this MOU is intended to create a right in any entity not a party to this MOU nor shall any entity be considered athird-party beneficiary of this MOU. This MOU is not intended to bind or affect any non -signatory party. 4.3. This constitutes the entire agreement regarding the subject matter of this MOU. Any modification of this MOU must be in writing and agreed to by all the parties. 4.4. All parties to this MOU intend to fully cooperate with all matters relating to or arising out of this MOU. 4.5. This MOU maybe executed so that electronic signatures will be accepted as originals. 6 V. AMENDMENT AND SEVERABILITY 5.1. The parties enter into this MOU voluntarily and in good faith. This MOU shall be effective upon the signatures of the parties below. This MOU may be amended or supplemented upon the mutual agreement of all of the parties to this MOU. This MOU is severable from any contracts or agreements that are into under this MOU. VL TERMINATION OF MEMORANDUM 6.1. This MOU is intended to last for five years and will terminate automatically after the expiration of five years after the date of the first signature to this MOU. This MOU shall terminate on the written notice by any party to this agreement, following notice to all parties, conference by all parties regarding the party's or parties' reasons for seeking termination of this MOU, and mediation, if mediation is requested by one or more of the parties. VII. SIGNATURES PACIFICA LAW GROUP LLP /s/ Paul J. Lawrence, WSBA #13557 Ian D. Rogers, WSBA #46584 Shweta Jayawardhan, WSBA #58490 11912 d Avenue, Suite 2000 Seattle, WA 98 101 Attorneys for Plaintiff Washington State Association of Counties CURT LIEDKIE Asotin County Prosecuting Attorney /s/ Curt Liedkie, WSBA #30371 Prosecutor P.O. Box 220 Asotin, WA 99402 Attorneys forAsotin County RYAN JURVAKAINEN Cowlitz County Prosecuting Attorney /s/ David J. Berger, WSBA #48480 Deputy Prosecuting Attorney 312 SW 1st Ave. Kelso, WA 98626 Attorneys for Cowlitz County 9 MARY ROBNETT Pierce County Prosecuting Attorney /s/ Marcus Miller, WSBA #27563 Deputy Prosecuting Attorney 930 Tacoma Ave. South, Ste. 946 Tacoma, WA 98402 Attorne for Pierce County JONATHAN MEYER Lewis County Prosecuting Attorney /s/ David E. Bailey, WSBA #26070 Chief Civil Deputy Prosecuting Attorney 345 West Main Street, 2nd Floor Chehalis, WA, 98532 Attorneysfor Lewis County ADAM WALSER Lincoln County Prosecuting Attorney /s/ Adam Walser, WSBA #50566 Prosecutor 450 Logan Street Davenport, WA 99122 Attorneysfor Lincoln County GORDON EDGAR Douglas County Prosecuting Attorney /s/ James T. Mitchell, WSBA #31031 Civil Deputy Prosecuting Attorney P.O. Box 360 Waterville, WA 98858 Attorneys for Douglas County KEVIN MCCRAE Grant County Prosecuting Attorney /s/ Rebekah M. Kaylor, WSBA #53257 Deputy Prosecuting Attorney 35 C Street NW Ephrata, WA 98823 Attorneys for Giant County NORMA TILLOTSON Grays Harbor County Prosecuting Attorney /s/ Bryan Lane, WSBA # 18246 Deputy Prosecuting Attorney 102 West Broadway, Room 102 Montesano, WA 98563 Attorneysfor Grays Harbor County MICHAEL ROTHMAN Pacific County Prosecuting Attorney /s/ Michael Rothman, WSBA #33048 Prosecutor 300 Memorial Drive South Bend, WA 98586 Attorneysfor Pacific County RICH WEYRICH Skagit County Prosecuting Attorney /s/ Erik Pedersen, WSBA #20015 Chief Civil Deputy Prosecuting Attorney 605 South Third Street Mount Vernon, WA 98273 Attorneysfor Skagit County ADAM KICK Skamania County Prosecuting Attorney /s/ Adam Kick, WSBA #27525 Prosecutor 240 NW Vancouver Ave. Stevenson, WA 98648 Attorneys for Skamania County 10 GREGORY M. BANKS Island County Prosecuting Attorney /S/ Gregory M. Banks, WSBA #22926 Prosecutor I NE 7th Street Coupeville, WA 98239 Attorneys fog Island County JAMES KENNEDY Jefferson County Prosecuting Attorney /S/ Philip C. Hunsucker, WSBA #48692 Chief Civil Deputy Prosecuting Attorney 1820 Jefferson St Port Townsend, WA 98368 Attorneys for Jefferson County LEESA MANION King County Prosecuting Attorney /S/ Andrea Vitalich, WSBA #25535 Senior Deputy Prosecuting Attorney 701 5th Avenue, Suite 600 Seattle, WA 98104 Attorneys for King County JASON CUNNINGS Snohomish County Prosecuting Attorney /S/ Bridget E. Casey, WSBA #30459 Chief Civil Deputy Prosecuting Attorney 3000 Rockefeller Avenue, M/S 504 Everett, WA 98201 Attorneys fog^ Snohomish County LARRY H. HASKELL Spokane County Prosecuting Attorney /S/ Christopher Anderson, WSBA #45361 Chief Civil Deputy Prosecuting Attorney 100 W Mallon Ave Spokane, WA 99260 Attorneys for Spokane County JON TUNHEIM Thurston County Prosecuting Attorney /S/ Elizabeth Petrich, WSBA #18713 Deputy Prosecuting Attorney 2000 Lakeridge Drive SW Olympia, WA 98502 Attorneys for Thurston County 11 CHAD M. ENRIGHT Kitsap County Prosecuting Attorney /S/ Katherine A. Cummings, WSBA #51646 Deputy Prosecuting Attorney 614 Division Street, MS -35A Port Orchard, WA 98366 Attorneys for Kitsap County ERIC J. RICHEY Whatcom County Prosecuting Attorney /S/ Christopher Quinn, WSBA # 34695 Chief Civil Deputy Prosecuting Attorney 311 Grand Ave., Suite 201 Bellingham, WA 98225 Attorneys fog Whatcom County DAVID R. QUESNEL JOSEPH A. BRUSIC Klickitat County Prosecuting Attorney Yakima County Prosecuting Attorney /S/ David R. Quesnel, WSBA #38579 Prosecutor 205 S. Columbus Ave, Room 106 Goldendale, WA 98620 Attorneys for Klickitat County ROBERT W. SEALBY Chelan County Prosecuting Attorney /S/ Robert W. Sealby, WSBA #21330 Prosecutor P.O. Box 2596 Wenatchee, WA 98807 Attorneys fog Chelan County /S/ Don L. Anderson, WSBA # 12445 Chief Civil Deputy Prosecuting Attorney 128 North 2nd Street, Room 211 Yakima, WA 98901 Attorneys for Yakima County TONY GOLIK Clark County Prosecuting Attorney 12 /S/ Leslie Lopez, WSBA #46118 Chief Civil Prosecuting Attorney PO Box 5000 Vancouver, WA 98666 Attorneys for Clark County DALE SLACK MATT NEWBERG Columbia County Prosecuting Attorney Garfield County Prosecuting Attorney /s/ Dale Slack, WSBA # 38397 Prosecutor 215 E. Clay St. Dayton, WA 99328 Attornevs.fioryColumbia County ALBERT LIN Okanogan County Prosecuting Attorney /s/ Esther Milner, WSBA # 33042 Chief Civil Prosecuting Attorney 237 Fourth Avenue N. Okanogan, WA 98840 Attornevs,fioryOkanogan County /s/ Matt Newberg, WSBA # 36674 Prosecutor 789 Main Street, PO Box 278 Pomeroy WA 99347 Attorneys fog Garfield County, ERIKA GEORGE Stevens County Prosecuting Attorney /s/ Julie C. James, WSBA # 40655 Deputy Prosecuting Attorney 215 S. Oak, Room 110 Colville, WA 99114 Attorneysfor Stevens County MARK B. NICHOLS Clallam County Prosecuting Attorney /s/ Mark B. Nichols, WSBA # 32848 Prosecutor 223 E 4th Street, Suite 11 Port Angeles, WA 98362 Attorneysfor Clallam County 13 Communication — Who needs to know about vour Felonv F1iD? Western State Hospital WSH and ESH need to know what the Court is ordering of (WSH) and Eastern State them and where the patient is currently. The sooner WSH Hospital (ESH) and ESH know, the easier they can set up staff and prepare for the evaluation. ofmhscourtordersgdshs.wa.gov Heads up: If you email WSH or ESH when drafting the dismissal order as a general heads up, they can have more time to get ready. Mental Health Felony Division (MHS)-Tumwater: WshTeam(a�ATG. WA. GOV v Spokane Division (SPO): For documents only: sposhsunit@ATG.WA.GOV For questions: DawnT.Vidonigat .wa.gov; Aaren.Carnliengatg.wa. ov; Jared. Cordtsgat .wa. gov; and Michael. Shenefeltg at . wa. gov Your Jail or Detention Facility We are the representatives for WSH and ESH and we need to know what a court has ordered so we can collaborate with WSH and ESH effectively and timely. Team Email: this email is monitored and we respond very promptly so if you have questions please ask! Please inform the Jail or Detention facility holding your defendant so they know not to release them. Warning: It is rare but j ails/facilities have released defendants before transfer, which means WSH no longer has jurisdiction or authority over your defendant. Checklist of Documents — What to Whom, and When? WHAT WHOM WHEN Order of Dismissal WSH or Immediately Note: Triple check the Evaluation period!! p p ESH Hint: Do not wait Restoration received — 72 Hours Eval MHS orfor a file stamped No Restoration received = 124 Hours vatE. SFO copy just a In case you need an Updated Dismissal Form y p Jail judicial signature J g and date needed! Information Note: make sure felonies listed in the Order of MHS or Immediately Dismissal match the Information. SPO Probable Cause MHS or Immediately SPO Evaluations — An prior evals for the defendant Y p MHS or Immediately SPO Law Enforcement Reports and Documentation p MHS or Immediately SPO Digital Evidence —photos, videos, etc Note: we know these can be large e and numerous so a MHS or As soon as Dropbox, OneDrive, mailed thumb or CD works. SPQossible p Certified Copy of Dismissal Order(s) Note: This is our first exhibit and gives the Pierce MHS or As soon as County Court jurisdiction over the Felony Flip so it SPO possible must be certified.