LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, … › wp-content › uploads › 2018 ›...

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LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, October 22, 2018 7:00 P.M. City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 ________________________________________________________________ Page No. (3) (6) (11) (35) (47) CALL TO ORDER ITEMS FOR DISCUSSION: 1. Joint Lakewood’s Promise Advisory Board meeting. – (Workplan) 2. Review of 2018 Year-End Budget Adjustment. – (Memorandum) 3. Review of SixYear (2018-2024) Financial Forecast. – (Memorandum) 4. Review of Family-Wage Job Credit Program. – (Memorandum) 5. Review of Metro Team Options. – (Memorandum) ITEMS TENTATIVELY SCHEDULED FOR THE NOVEMBER 5, 2018 REGULAR CITY COUNCIL MEETING: 1. Proclamation declaring November as Veterans Appreciation Month. – Colonel Jay Miseli, Commander, 2/2 SBCT 2. Proclamation acknowledging the economic impacts of Joint Base Lewis McChord. – Colonel Nicole Lucas, Commander, JBLM Garrison 3. Proclamation recognizing November as American Indian Heritage Month. Nisqually Tribal Council 4. Police Chief’s Commendation Award. 5. Clover Park School District Report. 6. Authorizing the execution of an agreement with Gordon Thomas Honeywell Governmental Affairs for State governmental relations services from January 1, 2019 through December 31, 2019. – (Motion – Consent Agenda) 7. Authorizing the execution of an agreement with Johnston Group for Federal governmental relations services from January 1, 2019 through December 31, 2019. – (Motion – Consent Agenda) 8. Awarding a bid for the 2018 gateway monument signs. – (Motion – Consent Agenda)

Transcript of LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, … › wp-content › uploads › 2018 ›...

Page 1: LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, … › wp-content › uploads › 2018 › ... · Subject: Review of Proposed 2018 Year-End Budget Adjustment BACKGROUND The RCW

LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, October 22, 2018 7:00 P.M. City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499

________________________________________________________________ Page No.

(3)

(6)

(11)

(35)

(47)

CALL TO ORDER

ITEMS FOR DISCUSSION:

1. Joint Lakewood’s Promise Advisory Board meeting. – (Workplan)

2. Review of 2018 Year-End Budget Adjustment. – (Memorandum)

3. Review of SixYear (2018-2024) Financial Forecast. – (Memorandum)

4. Review of Family-Wage Job Credit Program. – (Memorandum)

5. Review of Metro Team Options. – (Memorandum)

ITEMS TENTATIVELY SCHEDULED FOR THE NOVEMBER 5, 2018 REGULAR CITY COUNCIL MEETING:

1. Proclamation declaring November as Veterans Appreciation Month. –Colonel Jay Miseli, Commander, 2/2 SBCT

2. Proclamation acknowledging the economic impacts of Joint Base LewisMcChord. – Colonel Nicole Lucas, Commander, JBLM Garrison

3. Proclamation recognizing November as American Indian Heritage Month.– Nisqually Tribal Council

4. Police Chief’s Commendation Award.

5. Clover Park School District Report.

6. Authorizing the execution of an agreement with Gordon ThomasHoneywell Governmental Affairs for State governmental relationsservices from January 1, 2019 through December 31, 2019. – (Motion– Consent Agenda)

7. Authorizing the execution of an agreement with Johnston Group forFederal governmental relations services from January 1, 2019 throughDecember 31, 2019. – (Motion – Consent Agenda)

8. Awarding a bid for the 2018 gateway monument signs. – (Motion –Consent Agenda)

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Lakewood City Council Agenda -2- October 22, 2018 Page No.

The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or

language interpreters should contact the City Clerk’s Office, 253-983-7705, as soon as possible in advance of the Council meeting so that an attempt to provide

the special accommodations can be made.

http://www.cityoflakewood.us

9. This is the date set for a public hearing on the 2019-2020 proposedBiennial Budget and 2018 property tax levy. – (Public Hearings &Appeals – Regular Agenda)

10. This is the date set for a public hearing on the 2018 budgetamendments. – (Public Hearings & Appeals – Regular Agenda)

11. Approving the 2019 State, Federal and County Legislative priorities. –(Motion – Regular Agenda)

REPORTS BY THE CITY MANAGER

COUNCIL COMMENTS

ADJOURNMENT

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Lakewood’s Promise Advisory Board 2018 WORK PLAN AND SIGNIFICANT ACCOMPLISHMENTS

Members: Chair: Ellie Wilson, Community Volunteer

Vice Chair: Dr. Joyce Loveday, Clover Park Tech College

Echo Abernathy, Boys & Girls Club Dr. Michele Johnson, Pierce College Leanna Christian, Lakewood YMCA Ron Banner, Clover Park School District Mary Dodsworth, City of Lakewood Beverly Howe, St. Clare Hospital Elise Bodell, Pierce County Library Kenneth Prince, Youth Council Representative

Council Liaison: Councilmember Mary Moss

City Staff Support: Karmel Shields, Human Services Coordinator

Meeting Schedule: First Thursday of every month, 7:30 am, American Lake Conference Room

Accomplishments: Date Topic(s)

January • Presentation on 2018-2020 Strategic Plan Framework to Council• America’s Promise: Healthy Schools grant application submitted

February • Meeting with Dr. Schafer on CELT initiative with CPSD• Winter: What’s UP in Lakewood Newsletter distributed to 12,500 CPSD students

March • Lakewood Community Collaboration Meeting – CPSD Peach Jar presentationApril • Spring: What’s UP in Lakewood Newsletter distributed to 12,500 CPSD studentsMay • Strategic Plan presentations to Parks & Community Services Advisory Boards

• CHOICE Coalition Key Leaders Meeting with Promise Board• Conversations with Beecher’s Foundation on Pure Food Kids program

June • Summer: What’s UP in Lakewood distributed to 12,500 CPSD students & 1,000Spanish newsletters distributed to early learning centers & elementary schools

• Updates on leadership changes in youth-serving organizationsJuly/August • Promise outreach tables at (7) Lakewood Farmers Markets, Springbrook Block

Party & Summer FestSeptember • Review & update 2018-2020 Strategic PlanOctober • Autumn: What’s UP in Lakewood distributed to 12,500 CPSD students & 1,000

Spanish newsletters distributed to early learning centers and elementary schoolsOctober 13 • Truck & Tractor Day – free gift distribution (with coupon from the newsletter)

2018 Work Plan: 1. Expand Outreach activities to promote the Promise Brand (little red wagon & 5 promises)2. Evaluate the use and effectiveness of the What’s UP! Lakewood newsletter 3. Work with the Youth Council to plan a community summit for youth by youth 4. Develop community indicators to measure youth health and well-being over time 5. Update the Strategic plan to identify Lakewood’s Promise future work 6. Identify community-wide health & wellness initiative

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LAKEWOOD’S PROMISE STRATEGIC OBJECTIVES

As of 10/22/18

Lakewood’s Promise Advisory Board STRATEGIC FRAMEWORK 2018-2020

UPDATE: OCTOBER 22, 2018

VISION: Lakewood is a community where all children and youth have opportunities to reach their full potential.

MISSION: Focusing community resources on improving the health and well-being of youth and families to fulfill our Promises: A Healthy Start, Caring Adults,

Safe Places, Effective Education and Opportunities to Help Others. STRATEGIC OBJECTIVES

Improve the Physical

and Emotional Health for

Lakewood’s Children and

Youth

Promote Safe Places where Youth can

interact with each other and with Caring Adults

Eliminate Inequities in accessing community

resources, and other enrichment activities

that enhance Youth Knowledge, Skills

& Abilities

Strengthen the structure of Lakewood’s Promise Advisory Board

to achieve greater community impact

WHAT WE HAVE DONE IN 2018 Foster an annual

shared community initiative around Health

and Wellness

PARTNERED WITH CHOICE COALITION:

POVERTY IMMERSION WORKSHOP

For new and returning CPSD teachers and staff

August 13 & 17

Monitor Safe Place programs and services

available to children and youth.

DISCUSSIONS ON

LEADERSHIP CHANGES & TRANSITION PLANS:

BOYS & GIRLS CLUB

(internal promotion for the Lakewood director)

YMCA (appointed new

Promise Board member)

COMMUNITIES IN SCHOOLS (presentation

in June)

Connect students with community resources for

volunteer & job shadowing opportunities.

PARTNERED WITH LAKES HS

TO INCREASE JOB SHADOWING

OPPORTUNITIES

30 PARTNERS PARTICIATED IN DEVELOPING A NEW RESOURCE

LIST FOR STUDENTS

Clarify MOA & partner relationships.

PARTNER MEETINGS WITH CPSD ADMINISTRATION

CELT & PEACHJAR

Respond to external funding opportunities

GRANT SUBMISSION

TO AMERICA’S PROMISE JANUARY- $300,000

BEECHER’S FOUNDATION

PURE FOOD KIDS $200,000 PROGRAM

HELP ME GROW INITIATIVE

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LAKEWOOD’S PROMISE STRATEGIC OBJECTIVES

As of 10/22/18

Improve the Physical and

Emotional Health for Lakewood’s

Children and Youth

Promote Safe Places where Youth can

interact with each other and with Caring Adults

Eliminate Inequities in accessing community

resources, and other enrichment activities

that enhance Youth Knowledge, Skills

& Abilities

Strengthen the structure of

Lakewood’s Promise Advisory Board to

achieve greater community impact

WHAT WE HAVE DONE IN 2018 continues

Identify more community partners for Farmers Market

Healthy Bucks Program

UNITED HEALTH CARE (NEW)

EIGHT (8) WIC

VOUCHER DAYS

Explore the possibility of a Youth Summit in 2019

YOUTH COUNCIL SUMMIT MEETINGS

(OCTOBER 2019)

Continue to publish What’s Up Lakewood! Newsletter 4 times a year & distribute to

all CPSD students.

4 ISSUES COMPLETE! INCREASED DISTRIBUTION TO EARLY LEARNING PROGRAMS

Identify specific community improvement

indicators to measure Health and Wellness

POTENTIAL

INDICATORS & MEASURES INCLUDE:

SCHOOL READINESS

CHILD DEPENDENCY CASES

GRADUATION RATES

POST SECONDARY

EDUCATION ENROLLMENTS

YOUTH SUICIDE RATES

YOUTH CENTERED EVENTS, SERVICES & PROGRAMS

_________________________ Prepare Annual Community

Report & Dashboard

Support Help Me Grow system-wide

improvements to reduce child

dependency cases

HELP ME GROW INITIATIVE

Active on stakeholder & data collection teams

Lakewood

Collaboration meeting presentation on

November 14, 2018

Continue & expand partner outreach tables

at Lakewood Community Events

FARMERS MARKET Seven Partner Days @

the Market

SPRINGBROOK BLOCK PARTY - JULY 27

SUMMERFEST

Hosted Lakewood Computer Clubhouse

TRUCK & TRACTOR DAY

HOLIDAY TREE LIGHTING

Research & promote best practice methods for

reaching limited English- speaking families.

1,000 NEWSLETTERS PRODUCED IN SPANISH (SUMMER/FALL ISSUES)

__________________________ Measure Newsletter Reach

and Effectiveness

Include Prize coupon in Fall Newsletter to redeem on

October 13 Truck & Tractor or Holiday Festival Dec. 8

Contact School Office Staff for

feedback on distribution to evaluate future publications (electronic, paper, posters)

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To: Mayor and City Councilmembers

From: Tho Kraus, Assistant City Manager/Administrative Services

Through: John J. Caulfield, City Manager

Date: October 22, 2018

Subject: Review of Proposed 2018 Year-End Budget Adjustment

BACKGROUND

The RCW requires that all cities that are on a biennial budget cycle hold a mid-biennium review. In addition to the required mid-biennium review, the City may review and modify the budget at other times throughout the year provided a public hearing is held and the budget ordinance is approved by December 31.

The proposed budget adjustment makes the following types of modifications: Housekeeping adjustments to incorporate items previously approved by the City Council; Appropriate projects funded by grants and contributions; and New allocations, on an exception basis.

PROPOSED BUDGET ADJUSTMENT - SUMMARY

Year 2018: No change to total beginning fund balance for all funds; revised estimate remains same at $26.90M; Increases total revenues for all funds by $1.43M, resulting in a revised estimate of $86.63M; Increases total expenditures for all funds by $2.38M, resulting in a revised estimate of $98.51M; and Decreases total ending fund balance for all funds by $942K, resulting in a revised estimate of $15.01M.

The table below provides a breakdown of the proposed 2018 year-end budget adjustment by fund group.

Beginning Fund Balance Revenue Expenditure Ending Fund Balance

FundGroup

CurrentBudget

Proposed Adjustment

ProposedRevised Budget

CurrentBudget

Proposed Adjustment

ProposedRevised Budget

CurrentBudget

Proposed Adjustment

ProposedRevised Budget

CurrentBudget

Proposed Adjustment

ProposedRevised Budget

Total Year 2018

26,896,630$ -$ 26,896,630$ 85,193,374$ 1,434,500$ 86,627,874$ 96,134,955$ 2,376,500$ 98,511,455$ 15,955,049$ (942,000)$ 15,013,049$

General 9,152,229 - 9,152,229 38,175,327 517,500 38,692,827 41,730,365 1,092,500 42,822,865 5,597,191 (575,000) 5,022,191

Special Revenue

3,470,383 - 3,470,383 11,096,462 500,000 11,596,462 13,736,979 500,000 14,236,979 829,866 - 829,866

Debt Service

925,368 - 925,368 1,354,745 - 1,354,745 1,231,437 - 1,231,437 1,048,676 - 1,048,676

Capital Projects

4,226,096 - 4,226,096 24,207,744 267,000 24,474,744 27,085,382 267,000 27,352,382 1,348,458 - 1,348,458

Enterprise 4,689,608 - 4,689,608 3,025,601 50,000 3,075,601 5,628,520 417,000 6,045,520 2,086,689 (367,000) 1,719,689

Internal Service

4,432,946 - 4,432,946 7,333,495 100,000 7,433,495 6,722,272 100,000 6,822,272 5,044,169 - 5,044,169

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ENDING FUND BALANCE – GENERAL FUND

In support of the City’s financial integrity, the City Council adopted a set of financial policies including fund balance reserves totaling 12% of General/Street O&M Funds operating revenues. The ending fund balance reserve requirements continues to be met with this budget adjustment ($5.02M ending fund balance equates to 12.9% of General/Street O&M operating revenues).

2% General Fund Contingency Reserves: The purpose of this reserve is to accommodate unexpectedoperational changes, legislative impacts, or other economic events affecting the City’s operations which couldnot have been reasonably anticipated at the time the original budget was prepared. A 2% reserve fund equatesto $781K.

5% General Fund Ending Fund Balance Reserves: The purpose of this reserve is to provide financial stability,cash flow for operations and the assurance that the City will be able to respond to revenue shortfalls with fiscalstrength. A 5% reserve fund equates to $1.95M.

5% Strategic Reserves: The purpose of this reserve is to provide some fiscal means for the City to respond topotential adversities such as public emergencies, natural disasters or similarly major, unanticipated events. A5% reserve fund equates to $1.95M.

PROPOSED BUDGET ADJUSTMENT – DETAIL

Year 2018Revenue Expenditure

Grand Total - All Funds 1,434,500$ 2,376,500$

Total - Fund 001 General 517,500$ 1,092,500$ Increase Sales Tax Revenue Estimate 500,000 - Decrease General Fund Contribution to Transporation CIP (offset by increase in REET Contribution to Transportation CIP by equal amount)

- (500,000)

PD - Punitive Damages for Thomas Leonard Verdict - 1,000,000

CED - Library Funding- Secure Lending/Property - 550,000 CED - Department of Archaeology and Historic Preservation Grant 12,000 12,000 PRCS - Beecher's Foundation Pure Food Kids Workshop - 25,000 PRCS - Studio Fitness Donation 5,500 5,500

Total - Special Revenue Funds 500,000$ 500,000$ Total - Fund 102 Real Estate Excise Tax 500,000$ 500,000$ Increase REET Contribution to Transporation CIP Source is increase in REET Revenue Estimate(offset by decrease in General Contribution to Transportation CIP by equal amount)

500,000 500,000

Total - Fund 190 CDBG $ - $ - Purchase of a new CDBG vehicle $30,000 (#43230)Funding Source is existing CDBG funds, no budgetary impact

- -

Total - Capital Improvement Project Funds 267,000$ 267,000$ Total - Fund 302 Transportation CIP $ 267,000 $ 267,000 302.0051 Overlay: Lakewood Dr – Flett Creek to 74th Increase Budget for Storm Related Portion of ProjectFunding Source is SWM

267,000 267,000

Decrease in General Fund Contributions of $500,000Offset by Increase in REET Contributions of $500,000

- -

Total - Enterprise Funds 50,000$ 417,000$ Total - Fund 401 Surface Water Management $ 50,000 $ 417,000 Transfer to Transportation CIP Project for Storm Related Portion of Project302.0051 Overlay: Lakewood Dr – Flett Creek to 74th

- 267,000

Waughop Lake Treatment Funding Source is Flood Zone Control Opportunity Fund $50,000 and SWM $100,000

50,000 150,000

Total - Internal Service Funds 100,000$ 100,000$ Total - Fund 501 Fleet & Equipment $ 50,000 $ 50,000 Replacement of Totaled Police Vehicle #40960Funded by Tranfser In From Risk Management Insurance Proceeds

50,000 50,000

Total - Fund 504 Risk Management $ 50,000 $ 50,000 Transfer to Fleet & Equipment Fund for Replacement Totaled Vehicle #40960Funding Source is Insurance Proceeds

50,000 50,000

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Fund 001 General

Sale Tax Revenue Estimate Increase sales tax revenue estimate by $500,000 based on sales tax activity through June 2018. The revenue increase will partially offset the cost of punitive damages settlement and library funding.

PD – Punitive Damages Settlement – 1-Time Add $1,000,000 for settlement of punitive damages from the Leonard Thomas verdict.

CED – Library Funding – 1-Time Add $550,000 for City’s contribution towards new library for the purpose of assisting the library securing lending and property purchase.

CED – DAHP Grant – 1-Time Add $12,000 in revenue and expenditures for a Department of Archaeology and Historic Preservation grant. These funds are provided to update the City’s historical inventory list of property and conduct a reconnaissance level survey of the Oak Park Neighborhood.

PRCS – Beecher’s Foundation Pure Food Kids Workshop – 1-Time Add $25,000 for support of Beecher’s Foundation Pure Foods Kids Workshop. This program is committed to change the way Puget Sound residents eat by shifting consumer demand to more local food suppliers, as well as reducing diet-related diseases by encouraging better nutritional choices.

PRCS – Studio Fitness Donation – 1-Time Add $5,500 from Studio Fitness donation received in 2018 to support you and recreation programs. Possible expenditures include outdoor movie screens, registration/marketing banner and youth sports equipment.

Fund 102 Real Estate Excise Tax (REET)

REET Revenue Estimate Increase REET revenue estimate by $500,000 based on REET activity through July 2018. The revenue increase will help offset the cost of punitive damages settlement and library funding. Since REET can only be used for capital purposes, a change in funding sources for capital projects is necessary. REET contribution to CIP will increase by $500,000 and General Fund contribution will decrease by the same amount. The result is as follows:

302.0051 Overlay: Lakewood Drive – Flett Creek to 74th ($300,000) Decrease in General Fund Contribution $300,000 Increase in REET contribution

302.0004 Minor Capital and Major Maintenance ($200,000) Decrease in General Fund Contribution $200,000 Increase in REET contribution

Fund 190 CDBG

Purchase of New Vehicle #43230 Purchase of a 2018 Chevy Silverado with existing CDBG funds. An additional CDBG vehicle is needed to perform duties without monopolizing pool vehicles. There is no budgetary impact since CDBG are already budgeted.

Fund 302 Transportation Capital

302.0051 Overlay: Lakewood Drive – Flett Creek to 74th $267,000 Increase in expenditures $267,000 Increase in revenues (SWM contribution for share of storm related capital)

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Change in Funding Source (Decrease General Fund Contribution/Increase REET Contribution):

302.0051 Overlay: Lakewood Drive – Flett Creek to 74th ($300,000) Decrease in General Fund Contribution $300,000 Increase REET Contribution

302.0004 Minor Capital and Major Maintenance ($200,000) Decrease in General Fund Contribution $200,000 Increase REET Contribution

Fund 401 Surface Water Management

Transfer to Transportation CIP Add $267,000 for SWM’s contribution for share of storm related capital portion of 302.0051 Overlay: Lakewood Drive – Flett Creek to 74th project.

Waughop Lake Alum Treatment – 1-Time Add $150,000 (funded by $50,000 Flood Control Zone Opportunity Fund and $100,000 SWM) to the existing budget of $250,000 for Waughop Lake alum treatment for a total project cost of $400,000. Total Sources is $400,000 ($300,000 Flood Control Zone Opportunity Fund and $100,000 SWM Fund).

Fund 501 Fleet & Equipment

Replace Police Vehicle #40960 Add $50,000 for replacement police vehicle #40960, funded by insurance proceeds. The vehicle being replaced is a 2014 Ford Interceptor that was totaled in a serious collision. The Police Department needs this vehicle for operations and does not have an extra vehicle that could be used to replace the damaged one.

Fund 504 Risk Management

Transfer Insurance Proceeds to Replace Police Vehicle #40960 Add $50,000 expenditures for transfer of insurance proceeds for the replacement of police vehicle 40960, funded by insurance proceeds.

NEXT STEPS

Public Hearing on November 5, 2018 Adoption on November 19, 2018

ATTACHMENT

Proposed Revised Budget by Fund

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PROPOSED REVISED BUDGET BY FUND - YEAR 2018

Beginning Fund Balance Revenue Expenditure Ending

Fund Prior Amount Adjustment Revised Prior Amount Adjustment Revised Prior Amount Adjustment Revised Fund Balance

General Government Funds: 13,547,980$ - 13,547,980 50,626,534$ 1,017,500$ 51,644,034$ 56,698,781$ 1,592,500$ 58,291,281$ 6,900,733$

001 General 9,152,229 - 9,152,229 38,175,327 517,500 38,692,827 41,730,365 1,092,500 42,822,865 5,022,191

101 Street 11,305 - 11,305 2,396,465 - 2,396,465 2,407,770 - 2,407,770 -

102 Real Estate Excise Tax 950,823 - 950,823 1,500,000 500,000 2,000,000 2,450,823 500,000 2,950,823 -

103 Transportation Benefit District 143,506 - 143,506 814,000 - 814,000 957,506 - 957,506 -

104 Hotel/Motel Lodging Tax Fund 1,513,239 - 1,513,239 700,000 - 700,000 1,485,871 - 1,485,871 727,368

105 Property Abatement/RHSP 247,597 - 247,597 505,000 - 505,000 752,597 - 752,597 -

106 Public Art 19,598 - 19,598 15,000 - 15,000 34,598 - 34,598 -

180 Narcotics Seizure 284,762 - 284,762 101,042 - 101,042 385,804 - 385,804 -

181 Felony Seizure 45,363 - 45,363 - - - 45,363 - 45,363 -

182 Federal Seizure 2,360 - 2,360 75,000 - 75,000 77,360 - 77,360 -

190 Grants 51,852 - 51,852 2,125,700 - 2,125,700 2,177,552 - 2,177,552 -

191 Neighborhood Stabilization Prog 105,469 - 105,469 80,000 - 80,000 185,469 - 185,469 -

192 SSMCP 94,509 - 94,509 2,719,177 - 2,719,177 2,711,188 - 2,711,188 102,498

195 Public Safety Grants - - - 65,078 - 65,078 65,078 - 65,078 -

201 GO Bond Debt Service - - - 478,135 - 478,135 478,135 - 478,135 -

202 LID Debt Service 4,935 - 4,935 191,881 - 191,881 196,816 - 196,816 -

204 Sewer Project Debt 793,506 - 793,506 684,729 - 684,729 556,486 - 556,486 921,749

251 LID Guaranty 126,927 - 126,927 - - - - - - 126,927

Capital Project Funds: 4,226,096$ -$ 4,226,096$ 24,207,744$ 267,000$ 24,474,744$ 27,085,382$ 267,000$ 27,352,382$ 1,348,458$

301 Parks CIP 993,418 - 993,418 4,921,634 - 4,921,634 5,915,052 - 5,915,052 -

302 Transportation CIP 2,529,384 - 2,529,384 19,007,115 267,000 19,274,115 20,952,358 267,000 21,219,358 584,141

311 Sewer Project CIP 51,715 - 51,715 103,995 - 103,995 127,472 - 127,472 28,238

312 Sanitary Sewer Connection 651,579 - 651,579 175,000 - 175,000 90,500 - 90,500 736,079

Enterprise Fund: 4,689,608$ -$ 4,689,608$ 3,025,601$ 50,000$ 3,075,601$ 5,628,520$ 417,000$ 6,045,520$ 1,719,689$

401 Surface Water Management 4,689,608 - 4,689,608 3,025,601 50,000 3,075,601 5,628,520 417,000 6,045,520 1,719,689

Internal Service Funds: 4,432,946$ -$ 4,432,946$ 7,333,495$ 100,000$ 7,433,495$ 6,722,272$ 100,000$ 6,822,272$ 5,044,169$

501 Fleet & Equipment 3,953,548 - 3,953,548 2,846,546 50,000 2,896,546 2,062,359 50,000 2,112,359 4,737,735

502 Property Management 436,898 - 436,898 791,588 - 791,588 987,052 - 987,052 241,434

503 Information Technology 42,500 - 42,500 2,332,463 - 2,332,463 2,309,963 - 2,309,963 65,000

504 Risk Management - - - 1,362,898 50,000 1,412,898 1,362,898 50,000 1,412,898 -

Total All Funds 26,896,630 -$ $26,896,630 85,193,374$ 1,434,500$ $86,627,874 96,134,955$ 2,376,500$ $98,511,455 15,013,049$

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TO: Mayor and City Councilmembers

FROM: Tho Kraus, Assistant City Manager/Administrative Services

THROUGH: John J. Caulfield, City Manager

DATE: October 22, 2018

SUBJECT: 6-Year Financial Forecast Update (2018–2024)

INTRODUCTION

The City’s financial policy requires the City to prepare a financial forecast for six years to include the current budget period. The projection extends current operations to determine if the services are sustainable and the magnitude of, if any, future financing gaps. The glimpse into the future allows the City to proactively plan and implement corrective measures over time to avoid sudden drastic changes in service levels and/or revenues.

FINANCIAL POLICIES

For purposes of this discussion, the following are extracted from the City’s adopted financial policies.

Balanced Budget. The City will adopt a balanced budget for all funds. Balanced budget for operating fundsmeans ongoing operating program costs do not exceed the amount of ongoing revenues to finance those costs.The ongoing revenue will be identified along with new program costs including impact from new capitalprojects. Any available carryover balance will only be used to offset one-time or non-recurring costs. Balancedbudget for non-operating funds means total resources equal to or exceed total uses.

Fund Balance. General Fund Ending Fund Balance Reserves shall be 12% of the combined General and StreetOperations & Maintenance Funds operating revenues. These reserves are as follow:

2% General Fund Contingency Reserves: The purpose of this reserve is to accommodateunexpected operational changes, legislative impacts, or other economic events affecting the City’soperations which could not have been reasonably anticipated at the time the original budget wasprepared.

5% General Fund Ending Fund Balance Reserves: The purpose of this reserve is to providefinancial stability, cash flow for operations and the assurance that the City will be able to respondto revenue shortfalls with fiscal strength.

5% Strategic Reserves: The purpose of this reserve is to provide some fiscal means for the Cityto respond to potential adversities such as public emergencies, natural disasters or similarly majorunanticipated events.

Use of Fund Balance. Fund balance is the cumulative years’ excess or deficit of all revenues and expense.Available fund balances shall not be used for ongoing operating expenditures, unless a determination has beenmade that available balances are in excess of required guidelines and plans have been established to addressany future operating budget shortfalls. Emphasis shall be place on one-time uses that achieve future operatingcost reductions and/or service level efficiencies.

Revenue Estimates. Revenues shall be estimated conservatively so as not to introduce regular shortfalls inindividual revenue accounts. Revenue estimates shall not assume excess growth rates. Real growth that occurswill be recognized through budgetary adjustments only after it takes place. This practice imposes short termconstraint on the level of public goods or services. However, in the event that revenues are less than expected,

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it minimizes the likelihood of severe cutback actions which may be profoundly disruptive to the goal of providing a consistent level of quality services.

Use of One-Time/Unpredictable Revenues. The City shall not utilize one-time revenues for recurring operating expenditures. One-time revenues include, but are not limited to: proceeds from the sale of land or surplus equipment, legal settlements, or revenue windfalls.

POSITION HISTORY

The following provides a recap of the City’s position inventory from the Great Recession period through current.

CITY-WIDE POSITION INVENTORY- By Department2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

City Manager 3.60 3.60 4.00 4.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Municipal court 14.75 14.75 15.75 16.00 16.75 16.75 16.00 12.50 12.50 11.00 11.00 10.00 10.00 Admin Services 23.90 23.70 24.30 24.50 20.85 20.85 20.85 16.00 16.00 16.00 16.00 16.00 16.00 Legal 20.15 12.74 14.00 12.75 11.98 11.98 11.98 12.50 12.50 11.00 11.00 9.50 9.50 Comm & Econ Dev 22.50 22.50 24.50 25.00 23.00 22.00 22.00 16.00 17.50 17.50 18.50 19.50 19.50 Parks, Rec, & Comm Svcs 12.95 12.95 13.10 12.75 15.50 15.50 22.60 18.25 24.25 24.25 24.25 24.25 24.25 Public Works 22.75 22.75 22.71 35.50 34.00 34.00 27.90 26.00 20.50 20.50 20.50 18.50 16.50 Police 131.00 129.00 123.00 123.00 118.00 118.00 118.00 116.00 116.00 116.00 116.00 116.00 116.00

Total 251.60 241.99 241.36 253.50 243.08 242.08 242.33 220.25 222.25 219.25 220.25 216.75 214.75

CITY-WIDE POSITION INVENTORY - By Fund2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

City Manager 3.60 3.60 4.00 4.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Municipal court 14.75 14.75 15.75 16.00 16.75 16.75 16.00 12.50 12.50 11.00 11.00 10.00 10.00 Admin Services 23.90 23.70 24.30 24.50 20.85 20.85 20.85 16.00 16.00 16.00 16.00 16.00 16.00 Legal 20.15 12.74 14.00 12.75 11.98 11.98 11.98 12.50 12.50 11.00 11.00 9.50 9.50 Comm & Econ Dev 18.85 18.85 20.50 21.00 19.00 18.00 18.00 12.00 13.50 13.50 13.50 13.50 13.50 Parks, Rec, & Comm Svcs 12.95 12.95 13.10 12.75 15.50 15.50 22.60 18.25 24.25 24.25 24.25 24.25 24.25 Public Works 2.22 2.22 2.18 14.97 13.47 13.47 7.37 6.57 3.07 2.40 2.40 2.40 2.40 Police 131.00 129.00 123.00 123.00 118.00 118.00 118.00 116.00 116.00 116.00 116.00 116.00 116.00

Subtotal Gen/Street Fund

227.42 217.81 216.83 228.97 218.55 217.55 217.80 196.82 200.82 197.15 197.15 194.65 194.65

RHSP/Abate - - - - - - - - - - 1.00 2.00 2.00 SSMCP 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 CDBG 1.65 1.65 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Trans CIP 7.91 7.91 7.91 7.91 7.91 7.91 7.91 8.11 6.11 10.10 10.10 7.85 6.10 SWM 12.62 12.62 12.62 12.62 12.62 12.62 12.62 11.32 11.32 8.00 8.00 8.25 8.00

Total 251.60 241.99 241.36 253.50 243.08 242.08 242.33 220.25 222.25 219.25 220.25 216.75 214.75

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ANALYSIS – GENERAL FUND Scenario 1 (Current Forecast) – Operating Revenue Growth Slower Than Operating Expenditure Growth (Consistent with Financial Policies) This forecast, as with our current and previous forecasts, projects General Fund operating expenditures to exceed operating revenues beginning in 2020, primarily because of slower operating revenue growth as compared to operating expenditure growth.

Scenario 1 (Current Forecast)Operating Revenue Growth Slower Than Operating Expenditure Growth

2017Actual

2018 YND

Estimate2019

Estimate2020

Estimate2021

Projected2022

Projected2023

Projected2024

Projected

Operating Revenues $38,993,468 $38,954,713 $39,185,200 $39,584,850 $40,215,600 $40,867,800 $41,537,800 $42,221,900

Operating Revenue Change Over Prior Year - % 5.9% -0.1% 0.6% 1.0% 1.6% 1.6% 1.6% 1.6%

Operating Expenditures $35,295,438 $37,449,093 $38,430,237 $39,065,446 $41,095,594 $42,274,081 $43,550,781 $44,765,056

Operating Expenditure Change Over Prior Year - 2.8% 6.1% 2.6% 1.7% 5.2% 2.9% 3.0% 2.8%

Operating Income / (Loss) $3,698,031 $1,505,620 $754,963 $519,404 ($879,994) ($1,406,281) ($2,012,981) ($2,543,156)

Operating Income / (Loss) as a % of Oper Exp 10.5% 4.0% 2.0% 1.3% -2.1% -3.3% -4.6% -5.7%

Total Other Financing Sources $422,249 $417,749 $140,750 $140,750 $140,750 $140,750 $140,800 $140,800

Total Other Financing Uses $2,877,429 $5,277,022 $1,356,029 $1,131,243 $988,750 $968,750 $968,750 $968,750

Total Revenues & Other Financing Sources $39,415,717 $39,372,462 $39,325,950 $39,725,600 $40,356,350 $41,008,550 $41,678,600 $42,362,700

Total Expenditures & Other Financing Uses $38,172,867 $42,726,115 $39,786,266 $40,196,689 $42,084,344 $43,242,831 $44,519,531 $45,733,806

Beginning Fund Balance $7,909,379 $9,152,227 $5,798,575 $5,338,259 $4,867,169 $3,139,175 $904,894 ($1,936,037)

Ending Fund Balance $9,152,229 $5,798,575 $5,338,259 $4,867,169 $3,139,175 $904,894 ($1,936,037) ($5,307,143)

EFB as a % of Gen/Street Oper Rev 22.9% 14.5% 13.3% 12.0% 7.6% 2.2% -4.6% -12.3%

Reserve Target 12%: $4,800,348 $4,794,673 $4,819,212 $4,867,170 $4,942,860 $5,021,124 $5,101,524 $5,183,616

2% Contingency Reserves $800,058 $799,112 $803,202 $811,195 $823,810 $836,854 $850,254 $863,936

5% General Fund Reserves $2,000,145 $1,997,781 $2,008,005 $2,027,988 $2,059,525 $2,092,135 $2,125,635 $2,159,840

5% Strategic Reserves $2,000,145 $1,997,781 $2,008,005 $2,027,988 $2,059,525 $2,092,135 $2,125,635 $2,159,840

Unreserved / (12% Reserves Shortfall): $4,351,879 $1,003,901 $519,047 $0 ($1,803,685) ($4,116,230) ($7,037,561) ($10,490,759)

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Scenario 2 – Economic Growth & Operating Expenditure Efficiencies (Optimistic) This scenario takes into account the fact that our local economy is growing and we are and will continue to see economic development for the foreseeable future that will have a positive impact on our General Fund. Assumes new revenue from projected economic development (financial policies prohibit addition of new revenue in budget – must be realized before it can be accounted for in budget, which is sound policy to have) as well as incorporating an underlying assumption on future operating expenditure efficiencies given our past performance in recent years.

Note: As we look out into the future, long-term economic development initiatives (such as revitalization of Pacific Highway and WSDOT relocation) is expected to contribute positively to economic growth.

Scenario 2: O perating Gap Economic Growth & Operating Exp Efficiencies

2017Actual

2018 YND

Estimate2019

Estimate2020

Estimate2021

Projected2022

Projected2022

Projected2022

Projected

Operating Income / (Loss) from Scenario 1 $3,698,031 $1,505,620 $754,963 $519,404 ($879,994) ($1,406,281) ($2,012,981) ($2,543,156)

Adjustments to Buy Down Operating Gap:

1.0% Operating Revenue Growth - - 389,500 785,200 1,188,900 1,602,900 2,027,600 2,463,300

1.0 % Operating Expenditure Efficiencies - - 384,300 390,700 411,000 422,700 435,500 447,700

Adjusted O perating Income / (Loss) $3,698,031 $1,505,620 $1,528,763 $1,695,304 $719,906 $619,319 $450,119 $367,844

Scenario 2: Ending Fund BalanceEconomic Growth & Operating Exp Efficiencies

2017 YND

Estimate

2018 YND

Estimate2019

Estimate2020

Estimate2021

Projected2022

Projected2022

Projected2022

Projected

Ending Fund Balance from Scenario 1 $9,152,229 $5,798,575 $5,338,259 $4,867,169 $3,139,175 $904,894 ($1,936,037) ($5,307,143)

Adjustments Impacting Ending Fund Balance:

Prior Year's Ending Fund Balance Increase - - - 773,800 1,949,700 3,549,600 5,575,200 8,038,300

1.0% Operating Revenue Growth - - 389,500 785,200 1,188,900 1,602,900 2,027,600 2,463,300

1.0 % Operating Expenditure Efficiencies - - 384,300 390,700 411,000 422,700 435,500 447,700

Adjusted Ending Fund Balance $9,152,229 $5,798,575 $6,112,059 $6,816,869 $6,688,775 $6,480,094 $6,102,263 $5,642,157

EFB as a % of Gen/Street Oper Rev 22.88% 14.51% 15.07% 16.49% 15.78% 14.92% 13.70% 12.36%

Reserve Target 12%: $4,800,348 $4,794,673 $4,865,952 $4,961,394 $5,085,528 $5,213,472 $5,344,836 $5,479,212

2% Contingency Reserves $800,058 $799,112 $810,992 $826,899 $847,588 $868,912 $890,806 $913,202

5% General Fund Reserves $2,000,145 $1,997,781 $2,027,480 $2,067,248 $2,118,970 $2,172,280 $2,227,015 $2,283,005

5% Strategic Reserves 2,000,145 1,997,781 2,027,480 2,067,248 2,118,970 2,172,280 2,227,015 2,283,005

Unreserved / (12% Reserves Shortfall): $4,351,881 $1,003,901 $1,246,107 $1,855,475 $1,603,247 $1,266,622 $757,427 $162,945

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SURFACE WATER MANAGEMENT FUND

Financial Policy Regarding Ending Fund Balance for Enterprise Funds. The City shall maintain a minimum fund balance in its enterprise funds equal to 33% of operating expenses (equivalent to 120 days of operating expenses due to the infrequent revenue stream from annual or bi-annual revenue receipt). This balance shall be maintained to ensure adequate maintenance reserves and cash flow. Additionally, the City shall maintain a capital fund balance equal to 1% of the original system cost, establish and maintain debt service reserves if required as a condition of future debt issuance, and fund system reinvestment annually through rates based on original cost depreciation using a phased in strategy to mitigate potential impacts on rate increases. Balances in excess of reserves may be utilized for capital projects. The current forecast includes transfers to Parks CIP and Transportation CIP for the storm related portion of capital project cost. The result is positive ending fund balances, although short of target reserves. The shortage can be rectified by reducing SWM capital projects and/or contributions to other CIP fund in 2019-2024; however, that would result in project delays due to lack of financial resources. The ending fund balance could also be made up as we close out year 2018, through project and personnel savings as personnel costs are charged against grants or transportation capital projects. It is recommended that the financial policies related to the enterprise fund be reviewed during first quarter 2019. Below is the current forecast and related capital project expenditures.

SWM FUNDCurrent Forecast

2017Actual

2018 YND

Estimate2019

Estimate2020

Estimate2021

Projected2022

Projected2023

Projected2024

Projected

Operating Revenues $2,808,232 $2,824,000 $3,777,800 $3,954,900 $4,115,620 $4,284,930 $4,465,450 $4,584,180

Operating Revenue Change Over Prior Year - % 0.62% 0.56% 33.77% 4.69% 4.06% 4.11% 4.21% 2.66%

Operating Expenditures $2,269,152 $2,852,939 $2,973,745 $2,969,648 $3,050,200 $3,133,200 $3,218,700 $3,306,700

Operating Expenditure Change Over Prior Year - % 6.2% 25.7% 4.2% -0.1% 2.7% 2.7% 2.7% 2.7%

Operating Income / (Loss) $539,080 ($28,939) $804,055 $985,252 $1,065,420 $1,151,730 $1,246,750 $1,277,480

Operating Income / (Loss) as a % of Oper Exp 23.8% -1.0% 27.0% 33.2% 34.9% 36.8% 38.7% 38.6%

Total Other Financing Sources $138,015 $267,601 $0 $0 $0 $0 $0 $0

Total Other Financing Uses $1,434,510 $2,773,196 $880,252 $2,173,718 $1,481,000 $573,000 $442,400 $0

Total Revenues & Other Financing Sources $2,946,247 $3,091,601 $3,777,800 $3,954,900 $4,115,620 $4,284,930 $4,465,450 $4,584,180

Total Expenditures & Other Financing Uses $3,703,663 $5,626,135 $3,853,997 $5,143,366 $4,531,200 $3,706,200 $3,661,100 $3,306,700

Beginning Fund Balance $5,447,023 $4,689,608 $2,155,074 $2,078,877 $890,411 $474,831 $1,053,561 $1,857,911

Ending Fund Balance $4,689,608 $2,155,074 $2,078,877 $890,411 $474,831 $1,053,561 $1,857,911 $3,135,391

Reserve Target: $477,399 $480,080 $1,460,275 $1,461,460 $1,490,193 $1,521,083 $1,552,448 $1,581,488

17% Operating Reserves $477,399 $480,080 n/a n/a n/a n/a n/a n/a

33% Operating Reserves $0 $0 $981,336 $979,984 $1,006,566 $1,033,956 $1,062,171 $1,091,211

1% Capital Reserves $0 $0 $478,940 $481,477 $483,627 $487,127 $490,277 $490,277

Unreserved / (12% Reserves Shortfall): $4,212,208 $1,674,994 $618,602 ($571,049) ($1,015,361) ($467,521) $305,464 $1,553,904

2019Estimate

2020Estimate

2021 Projected

2022 Projected

2023 Projected

2024Projected

SWM Capital Projects: 165,000$ 245,000$ 215,000$ 350,000$ 315,000$ -$ 401.0012 Outfall Retrofit Feasibility Project 60,000 - - - - - 401.0013 58th Ave Ct Bioretention Swale 80,000 - - - - - 401.0014 2021 Water Quality Improvements - 20,000 180,000 - - - 401.0015 Oakbrook Outfall Retrofits 25,000 225,000 - - - - 401.0016 112th St Drainage Improvements - - 35,000 315,000 - - 401.0020 2023 Drainage Pipe Repair Project - - - 35,000 315,000 -

Contribution to Transportation CIP: 614,000$ 1,870,000$ 1,266,000$ 223,000$ 127,400$ -$ 302.0134 Sidewalks: Veterans Drive - Gravelly Lake Drive to American Lake Park 121,000 1,004,000 - - - - 302.0053 Streets: 123rd St SW - Bridgeport Way to 47th Ave SW 53,000 55,000 - - - - 302.0063 Colonial Center Plaza 303,000 - - - - - 302.0077 Non-Motorized Trail: Gravelly Lake Dr. - Washington Blvd to Nyanza Rd SW - 50,000 640,000 - - - 302.0131 Overlay & Sidewalk Fill-In: Custer Rd - John Dower to 500' West of Bridgeport Wy - - - 24,000 52,400 -

- - 48,000 199,000 75,000 -

302.0137 Streets: Steilacoom Blvd/88th (Weller to Custer Rd.) 43,000 62,000 578,000 - - - 302.0138 Sidewalks: Onyx Dr. SW – 89th to 97th and Garnet to Phillips 94,000 699,000 - - - -

Contribution to Parks CIP: 50,000$ 50,000$ -$ -$ -$ -$ 301.0005 Chambers Creek Trail 50,000 50,000 - - - -

829,000$ 2,165,000$ 1,481,000$ 573,000$ 442,400$ -$

SWM Capital Projects / Contribution to CIP for Storm Related Portion (Included in O ther Financing Uses)

302.0135 Streets: Washington Blvd and Edgewood Drive (North Fort to Gravelly Lk Dr) Phase I - Washington Blvd: Interlaaken to Gravelly Lk Dr Double Roundabouts

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NEXT STEPS AND UPCOMING ITEMS

Analysis of Service Delivery Options. Departments will perform an analysis of department functions and service delivery options in advance of the 2020/2021 biennial budget. Examples of service delivery evaluation criteria include:

Specialized Services - Services and activities, which the City provides that, require specialized skills, knowledge or licenses that City personnel does not possess.

Current Personnel Resources are Limited - Situations where the City may not have the personnel resources available to implement a specific task or project, making contracted services a viable alternative.

Special Projects - Projects or studies that may have significant implications and/or require a third party review are typically outsourced to a private contractor.

Risk - Tasks that pose a risk or liability to City personnel or equipment are outsourced to a private contractor.

Routine Tasks - The City provides routine and predictable services that can be tied to a fixed schedule without impacting or conflicting with the public.

Cost Effectiveness and Efficiency - The cost/benefit analysis will assist in determining whether it is advantageous to contract versus hiring personnel internally.

Improved Level of Service (LOS) - Limited resources can be efficiently allocated through a system of internal personnel and external contracts to ensure the highest levels of service are provided to citizens.

Competitive - Competition for contract work continues to increase as more private firms vie for services traditionally provided by government.

Monitoring and Evaluation - One of the most important criteria surrounding private contracts is the monitoring and evaluation process. Should be relatively inexpensive and easy to measure versus time consuming and expensive.

Customer Complaints - Resources are optimally allocated to ensure that all services provided by the City are done so with limited impact to citizens.

Collective Bargaining Agreements. The financial forecast does not include potential adjustments after contract

expiration.

Labor Group Current Contract Period Teamsters 1/1/2016 through 12/31/2018 AFSCME 1/1/2017 through 12/31/2019 LPMG 1/1/2016 through 12/31/2019 LPIG 1/1/2016 through 12/31/2020

ATTACHMENTS

Current Financial Forecast for All Funds

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

(001) GENERAL FUNDREVENUES:

Taxes $27,469,335 $27,627,153 $27,734,900 $27,970,400 $28,424,800 $28,891,000 $29,369,500 $29,856,400

Property Tax 6,741,607 6,915,523 7,110,000 7,202,400 7,296,000 7,390,800 7,486,900 7,584,200

Local Sales & Use Tax 9,958,523 10,031,830 9,852,600 9,951,100 10,249,600 10,557,100 10,873,800 11,200,000

Sales/Parks 585,089 596,800 608,700 620,900 639,500 658,700 678,500 698,900

Brokered Natural Gas Use Tax 38,716 30,000 30,000 30,000 30,000 30,000 30,000 30,000

Criminal Justice Sales Tax 1,047,075 1,068,000 1,089,400 1,111,200 1,144,500 1,178,800 1,214,200 1,250,600

Admissions Tax 539,139 496,000 496,000 496,000 496,000 496,000 496,000 496,000

Utility Tax 5,744,060 5,676,000 5,735,200 5,745,800 5,756,200 5,766,600 5,777,100 5,783,700

Leasehold Tax 14,169 12,000 12,000 12,000 12,000 12,000 12,000 12,000

Gambling Tax 2,800,955 2,801,000 2,801,000 2,801,000 2,801,000 2,801,000 2,801,000 2,801,000

Franchise Fees 3,733,390 3,989,100 4,108,800 4,232,100 4,359,000 4,489,900 4,624,700 4,763,500

Cable, Water, Sewer, Solid Waste 2,844,927 2,874,000 2,960,200 3,049,000 3,140,400 3,234,700 3,331,800 3,431,800

Tacoma Power 888,463 1,115,100 1,148,600 1,183,100 1,218,600 1,255,200 1,292,900 1,331,700

Development Service Fees 1,656,169 1,767,596 1,710,100 1,744,000 1,796,000 1,849,800 1,905,100 1,962,000

Building Permits 619,836 785,000 714,000 728,300 750,100 772,600 795,800 819,700

Other Building Permit Fees 240,938 310,596 310,200 316,400 325,800 335,700 345,800 356,100

Plan Review/Plan Check Fees 661,289 553,000 564,000 575,200 592,400 610,200 628,500 647,300

Other Zoning/Development Fees 134,106 119,000 121,900 124,100 127,700 131,300 135,000 138,900

Licenses & Permits 414,234 323,900 384,000 384,000 384,000 384,000 384,000 384,000

Business License 260,064 254,100 314,000 314,000 314,000 314,000 314,000 314,000

Alarm Permits & Fees 114,819 30,000 30,000 30,000 30,000 30,000 30,000 30,000

Animal Licenses 39,351 39,800 40,000 40,000 40,000 40,000 40,000 40,000

State Shared Revenues 1,397,256 1,265,900 1,255,900 1,255,900 1,255,900 1,255,900 1,255,900 1,255,900

Sales Tax Mitigation 37,938 10,000 - - - - - -

Criminal Justice 153,413 154,000 154,000 154,000 154,000 154,000 154,000 154,000

Criminal Justice High Crime 423,055 318,800 318,800 318,800 318,800 318,800 318,800 318,800

Liquor Excise Tax 286,385 291,700 291,700 291,700 291,700 291,700 291,700 291,700

Liquor Board Profits 496,441 491,400 491,400 491,400 491,400 491,400 491,400 491,400

Marijuana Enforcement/Excise Tax 25 - - - - - - -

Intergovernmental 629,769 498,637 576,500 576,450 577,800 579,100 580,500 582,000

Police FBI & Other Misc 12,100 12,000 12,000 12,000 12,000 12,000 12,000 12,000

Police-Animal Svcs-Steilacoom 14,865 13,800 14,100 14,380 14,800 15,200 15,700 16,200

Police-Animal Svcs-Dupont 29,569 28,600 29,100 29,770 30,700 31,600 32,500 33,500

Police-South Sound 911 Background Investigations 5,143 7,000 4,000 3,000 3,000 3,000 3,000 3,000

Muni Court-University Place Contract 275,407 285,396 294,000 294,000 294,000 294,000 294,000 294,000

Muni Court-Town of Steilacoom Contract 111,246 111,540 114,900 114,900 114,900 114,900 114,900 114,900

Muni Court-City of Dupont 181,439 40,301 108,400 108,400 108,400 108,400 108,400 108,400

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

(001) GENERAL FUND-continuedCharges for Services & Fees 1,490,792 1,424,859 1,435,700 1,442,700 1,438,800 1,438,800 1,438,800 1,438,800

Parks & Recreation Fees 240,404 267,175 278,700 288,700 288,800 288,800 288,800 288,800

Police - Various Contracts 8,427 7,684 7,000 7,000 3,000 3,000 3,000 3,000

Police - Towing Impound Fees 10,200 15,000 15,000 12,000 12,000 12,000 12,000 12,000

Police - Extra Duty 910,575 775,000 775,000 775,000 775,000 775,000 775,000 775,000

Police - Western State Hospital Community Policing Program 315,750 355,500 355,500 355,500 355,500 355,500 355,500 355,500

Other 5,437 4,500 4,500 4,500 4,500 4,500 4,500 4,500

Fines & Forfeitures 1,704,839 1,560,900 1,560,900 1,560,900 1,560,900 1,560,900 1,560,900 1,560,900

Municipal Court 897,285 860,900 860,900 860,900 860,900 860,900 860,900 860,900

Photo Infraction 807,554 700,000 700,000 700,000 700,000 700,000 700,000 700,000

Miscellaneous/Interest/Other 212,985 211,968 133,700 133,700 133,700 133,700 133,700 133,700

Interest Earnings 66,500 68,000 68,000 68,000 68,000 68,000 68,000 68,000

Penalties & Interest - Taxes 68,599 50,700 15,200 15,200 15,200 15,200 15,200 15,200

Miscellaneous/Other 77,886 93,268 50,500 50,500 50,500 50,500 50,500 50,500

Interfund Transfers 284,700 284,700 284,700 284,700 284,700 284,700 284,700 284,700

Transfer In - Fund 401 SWM Operations 284,700 284,700 284,700 284,700 284,700 284,700 284,700 284,700

Subtotal Operating Revenues $38,993,468 $38,954,713 $39,185,200 $39,584,850 $40,215,600 $40,867,800 $41,537,800 $42,221,900

% Revenue Change over Prior Year 5.93% -0.10% 0.59% 1.02% 1.59% 1.62% 1.64% 1.65%

EXPENDITURES:

City Council 127,379 134,920 136,853 136,853 141,000 145,200 149,500 154,000

Legislative 127,018 131,470 133,403 133,403 137,400 141,500 145,700 150,100

Sister City 361 3,450 3,450 3,450 3,600 3,700 3,800 3,900

City Manager 633,389 633,008 706,338 716,460 738,000 760,100 782,900 806,400

Executive 506,423 504,738 558,090 563,586 580,500 597,900 615,800 634,300

Communications 126,966 128,270 148,248 152,874 157,500 162,200 167,100 172,100

Municipal Court 2,010,854 2,128,771 2,126,507 2,158,418 2,223,200 2,289,900 2,358,700 2,429,400

Judicial Services 1,084,181 1,100,416 1,078,653 1,099,222 1,132,200 1,166,200 1,201,200 1,237,200

Professional Services 645,995 670,535 656,400 658,400 678,200 698,500 719,500 741,100

Probation & Detention 280,678 357,820 391,454 400,796 412,800 425,200 438,000 451,100

Administrative Services 1,617,746 1,706,041 1,811,960 1,863,255 1,919,100 1,976,700 2,036,000 2,097,100

Finance 1,081,687 1,136,142 1,222,733 1,254,474 1,292,100 1,330,900 1,370,800 1,411,900

Human Resources 536,059 569,899 589,227 608,781 627,000 645,800 665,200 685,200

Legal 1,540,487 1,739,154 1,708,981 1,681,540 1,799,000 1,781,200 1,903,700 1,886,900

Civil Legal Services 894,763 911,688 926,806 950,693 979,200 1,008,600 1,038,900 1,070,100

Criminal Prosecution Services 283,550 386,549 344,890 351,722 362,300 373,200 384,400 395,900

City Clerk 248,392 350,917 282,285 289,125 297,800 306,700 315,900 325,400

Election 113,782 90,000 155,000 90,000 159,700 92,700 164,500 95,500

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

(001) GENERAL FUND-continuedCommunity & Economic Development 1,995,406 2,001,717 2,183,605 2,223,800 2,290,500 2,359,200 2,430,000 2,502,900

Current Planning 630,971 649,112 705,298 721,574 743,200 765,500 788,500 812,200

Long Range Planning 171,058 156,358 213,663 217,368 223,900 230,600 237,500 244,600

Building 1,014,891 1,022,587 1,079,013 1,093,347 1,126,100 1,159,900 1,194,700 1,230,500

Eonomic Development 178,486 173,660 185,631 191,511 197,300 203,200 209,300 215,600

Parks, Recreation & Community Services 2,599,358 2,671,120 2,935,190 2,821,605 3,097,600 3,190,500 3,286,200 3,384,800

Human Services 401,987 414,774 435,596 436,099 458,800 472,600 486,800 501,400

Administration 304,327 291,462 315,473 316,461 326,000 335,800 345,900 356,300

Recreation 465,267 443,116 412,721 422,141 434,800 447,800 461,200 475,000

Senior Services 222,371 233,293 237,607 241,021 248,300 255,700 263,400 271,300

Parks Facilities 465,075 437,247 522,441 504,716 547,200 563,600 580,500 597,900

Fort Steilacoom Park 588,850 629,017 774,459 675,795 823,000 847,700 873,100 899,300

Street Landscape Maintenance 151,482 222,210 236,892 225,372 259,500 267,300 275,300 283,600

Police 23,308,561 24,529,114 24,819,597 25,451,781 26,725,600 27,492,500 28,282,300 29,095,700

Command 4,326,564 4,844,332 4,828,102 4,372,689 5,049,200 5,200,700 5,356,700 5,517,400

Jail Service 706,760 700,000 700,000 700,000 721,000 742,600 764,900 787,800

Dispatch Services/SS911 2,202,328 2,116,946 2,068,490 2,068,490 2,130,500 2,194,400 2,260,200 2,328,000

Investigations 3,714,000 4,364,028 3,474,377 3,727,995 3,839,800 3,955,000 4,073,700 4,195,900

Patrol 7,334,525 7,739,357 7,683,306 8,275,822 8,524,100 8,779,800 9,043,200 9,314,500

Special Units 342,955 119,556 1,030,514 1,100,375 1,133,400 1,167,400 1,202,400 1,238,500

SWAT 113,589 82,375 70,130 70,130 72,200 74,400 76,600 78,900

Crime Prevention 914,600 1,165,400 1,289,583 1,371,776 1,412,900 1,455,300 1,499,000 1,544,000

Contracted Services (Extra Duty, offset by Revenue) 951,736 775,000 775,000 775,000 775,000 775,000 775,000 775,000

Community Safety Resource Team (CSRT) 359,001 361,296 384,550 389,286 401,000 413,000 425,400 438,200

Training 147,206 157,089 298,589 309,448 318,700 328,300 338,100 348,200

Traffic Policing 884,761 1,030,840 1,103,488 1,166,729 1,201,700 1,237,800 1,274,900 1,313,100

Property Room 241,464 260,302 274,310 281,262 289,700 298,400 307,400 316,600

Reimbursements 324,431 121,674 109,152 109,905 113,200 116,600 120,100 123,700

Emergency Management 26,299 19,500 38,040 38,040 39,200 40,400 41,600 42,800

Animal Control 286,053 281,419 301,966 304,834 314,000 323,400 333,100 343,100

Road & Street/Camera Enforcement 432,289 390,000 390,000 390,000 390,000 390,000 390,000 390,000

Non-Departmental 128,098 133,295 133,960 133,960 138,000 183,100 146,400 156,800

Commute Trip Reduction - - - - - - - -

Citywide 128,098 133,295 133,960 133,960 138,000 142,100 146,400 150,800

IT 6-Year Strategic Plan - - - - - 41,000 - 6,000

Interfund Transfers 1,334,160 1,771,952 1,867,246 1,877,774 2,023,594 2,095,681 2,175,081 2,251,056

Transfer to Fund 101 Street O&M 900,878 1,258,817 1,390,040 1,402,118 1,540,100 1,615,200 1,693,100 1,773,300

Transfer to Fund 105/190 Abatement Program 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000

Transfer to Fund 201 GO Bond Debt Service 398,282 478,135 442,206 440,656 448,494 445,481 446,981 442,756

Subtotal Operating Expenditures $35,295,438 $37,449,093 $38,430,237 $39,065,446 $41,095,594 $42,274,081 $43,550,781 $44,765,056

% Expenditure Change over Prior Year 2.82% 6.10% 2.62% 1.65% 5.20% 2.87% 3.02% 2.79%

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

OPERATING INCOME (LOSS) $3,698,031 $1,505,620 $754,963 $519,404 ($879,994) ($1,406,281) ($2,012,981) ($2,543,156)

As a % of Operating Expenditures 10.48% 4.02% 1.96% 1.33% -2.14% -3.33% -4.62% -5.68%

OTHER FINANCING SOURCES:

Grants, Donations/Contrib, 1-Time 326,199 401,749 140,750 140,750 140,750 140,750 140,800 140,800 Contibutions/Donations/Other 106,149 140,750 140,750 140,750 140,750 140,750 140,800 140,800

Proceeds from Sale of Assets/Capital Lease - - - - - - - -

Grants 220,050 260,999 - - - - - -

Transfers In 96,050 16,000 - - - - - -

Transfer In - Fund 251 LID Guaranty - - - - - - - -

Transfer In - Fund 105 Abatement/RHSP - -

Transfer In - Fund 501 Fleet & Equipment 96,050 16,000 - - - - - -

Subtotal Other Financing Sources $422,249 $417,749 $140,750 $140,750 $140,750 $140,750 $140,800 $140,800

OTHER FINANCING USES:

Capital & Other 1-Time 1,140,965 2,836,963 403,928 174,826 158,750 138,750 138,750 138,750

Municipal Court 29,914 171,721 18,554 9,240 - - - -

City Council - 4,500 - - - - - -

City Manager 35,811 28,014 4,453 2,218 - - - -

Administrative Services 31,736 42,660 20,311 11,371 - - - - IT 6-Year Strategic Plan - - - - 158,750 138,750 138,750 138,750

Legal/Clerk 152,192 143,442 18,554 9,240 - - - -

Community & Economic Development 559,942 906,223 58,210 46,289 - - - -

Parks, Recreation & Community Services 35,298 56,078 111,670 10,717 - - - -

Police 296,072 1,484,325 172,177 85,751 - - - -

Interfund Transfers 1,736,464 2,440,059 952,101 956,417 830,000 830,000 830,000 830,000

Transfer Out - Fund 101 Street O&M 286,624 204,149 72,101 76,417 - - - -

Transfer Out - Fund 105 Property Abatement/Rental Housing SP 140,000 215,000 50,000 50,000 - - - -

Transfer Out - Fund 192 SSMCP 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000

Transfer Out - Fund 301 Parks CIP 657,125 925,275 80,000 80,000 80,000 80,000 80,000 80,000

Transfer Out - Fund 302 Transportation CIP 602,715 1,045,635 700,000 700,000 700,000 700,000 700,000 700,000

Transfer Out - Fund 501 Fleet & Equip Reserves - - - - - - - -

Subtotal Other Financing Uses $2,877,429 $5,277,022 $1,356,029 $1,131,243 $988,750 $968,750 $968,750 $968,750

Total Revenues and Other Sources $39,415,717 $39,372,462 $39,325,950 $39,725,600 $40,356,350 $41,008,550 $41,678,600 $42,362,700

Total Expenditures and other Uses $38,172,867 $42,726,115 $39,786,266 $40,196,689 $42,084,344 $43,242,831 $44,519,531 $45,733,806

Beginning Fund Balance: $7,909,379 $9,152,227 $5,798,575 $5,338,259 $4,867,169 $3,139,175 $904,894 ($1,936,037)

Ending Fund Balance: $9,152,227 $5,798,575 $5,338,259 $4,867,169 $3,139,175 $904,894 ($1,936,037) ($5,307,143)

Ending Fund Balance as a % of Gen/Street Operating Revenues 22.9% 14.5% 13.3% 12.0% 7.6% 2.2% -4.6% -12.3%

Reserve - Total Target 12% of Gen/Street Operating Revenues $4,800,348 $4,794,673 $4,819,212 $4,867,170 $4,942,860 $5,021,124 $5,101,524 $5,183,616

2% Contingency Reserves $800,058 $799,112 $803,202 $811,195 $823,810 $836,854 $850,254 $863,936

5% General Fund Reserves $2,000,145 $1,997,781 $2,008,005 $2,027,988 $2,059,525 $2,092,135 $2,125,635 $2,159,840

5% Strategic Reserves $2,000,145 $1,997,781 $2,008,005 $2,027,988 $2,059,525 $2,092,135 $2,125,635 $2,159,840

Unreserved / (12% Adopted Reserves Shortfall): $4,351,879 $1,003,901 $519,047 $0 ($1,803,685) ($4,116,230) ($7,037,561) ($10,490,759)

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 101 STREET OPERATIONS & MAINTENANCEREVENUES:

Permits 135,021 137,500 111,500 111,500 111,500 111,500 111,500 111,500

Engineering Review Fees 2,754 1,000 1,000 1,000 1,000 1,000 1,000 1,000

Motor Vehicle Fuel Tax 871,657 862,399 862,400 862,400 862,400 862,400 862,400 862,400

Interest Earnings/Other - - - - - - - -

Subtotal Operating Revenues 1,009,432$ 1,000,899$ 974,900$ 974,900$ 974,900$ 974,900$ 974,900$ 974,900$

EXPENDITURES:

Street Lighting 280,151 266,858 395,879 397,484 409,400 421,700 434,400 447,400

Traffic Control Devices 322,735 448,780 407,975 413,844 426,300 439,100 452,300 465,900

Snow & Ice Response 58,125 32,500 15,500 30,500 31,400 32,300 33,300 34,300

Road & Street Preservation 1,424,483 1,491,622 1,545,586 1,535,190 1,635,400 1,684,500 1,735,000 1,787,100

Subtotal Operating Expenditures $2,085,493 $2,239,760 $2,364,940 $2,377,018 $2,502,500 $2,577,600 $2,655,000 $2,734,700

OPERATING INCOME (LOSS) ($1,076,062) ($1,238,861) ($1,390,040) ($1,402,118) ($1,527,600) ($1,602,700) ($1,680,100) ($1,759,800)

OTHER FINANCING SOURCES:

Donations/Contributions 3,000 - - - - - - -

Judgments, Settlements/Miscellaneous 808 - - - - - - -

Permits Deposits for Professional Services 1,376 2,500 2,500 2,500 2,500 2,500 2,500 2,500

Transfer In From General Fund 1,187,502 1,462,966 1,462,141 1,478,535 1,540,100 1,615,200 1,693,100 1,773,300

Subtotal Other Financing Sources $1,192,686 $1,465,466 $1,464,641 $1,481,035 $1,542,600 $1,617,700 $1,695,600 $1,775,800

OTHER FINANCING USES:

Grants/Other 9,573 2,600 59,601 63,917 - - - -

Building, Vehicles, Equipment 119,858 220,310 - - - - - -

Construction - Traffic Control 41,664 15,000 15,000 15,000 15,000 15,000 15,500 16,000

Subtotal Other Financing Uses $171,095 $237,910 $74,601 $78,917 $15,000 $15,000 $15,500 $16,000

Total Revenues and Other Sources $2,202,118 $2,466,365 $2,439,541 $2,455,935 $2,517,500 $2,592,600 $2,670,500 $2,750,700

Total Expenditures and other Uses $2,256,588 $2,477,670 $2,439,541 $2,455,935 $2,517,500 $2,592,600 $2,670,500 $2,750,700

Beginning Fund Balance: $65,775 $11,305 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $11,305 $0 $0 $0 $0 $0 $0 $0

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 102 REAL ESTATE EXCISE TAXREVENUES:

Utility Tax

Real Estate Excise Tax 2,453,402 2,000,000 1,700,000 1,700,000 1,700,000 1,700,000 1,700,000 1,700,000

Interest Earnings 4,606 - - - - - - -

Total Revenue $2,458,007 $2,000,000 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $1,700,000

EXPENDITURES:

Transfer Out - Fund 106 Public Art 27,791

Transfer Out - Fund 201 GO Bond Debt Service - - 184,000 810,000 1,292,000 1,292,000 1,292,000 1,292,000

Transfer Out - Fund 301 Parks CIP 525,255 358,525 1,360,130 - - - - -

Transfer Out - Fund 302 Transportation CIP 1,833,824 2,592,298 155,870 890,000 408,000 408,000 408,000 408,000

Total Expenditures $2,386,870 $2,950,823 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $1,700,000

Beginning Fund Balance: $879,686 $950,823 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $950,823 $0 $0 $0 $0 $0 $0 $0

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 103 LAKEWOOD TRANSPORTATION BENEFIT DISTRICTREVENUES:

$20 Vehicle License Fee (Net of State Admin Fee) 822,764 814,000 814,000 814,000 814,000 814,000 814,000 814,000

Interest Earnings 1,810 - - - - - - -

Total Revenue $824,574 $814,000 $814,000 $814,000 $814,000 $814,000 $814,000 $814,000

EXPENDITURES:

WCIA Risk Assessment - - - - - - - -

Audit 1,955 - - - - - - -

Transfer to Fund 302 Transportation Capital 777,500 957,506 814,000 814,000 814,000 814,000 814,000 814,000

Total Expenditures $779,455 $957,506 $814,000 $814,000 $814,000 $814,000 $814,000 $814,000

Beginning Fund Balance: $98,387 $143,506 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $143,506 $0 $0 $0 $0 $0 $0 $0

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 104 HOTEL/MOTEL LODGING TAXREVENUES:

Special Hotel/Motel Lodging Tax (5%) $544,428 $694,179 $571,429 $571,429 $571,429 $571,429 $571,429 $571,429

Transient Rental income Tax (2%) 217,771 277,671 228,571 228,571 228,571 228,571 228,571 228,571

Interest Earnings 13,389 - - - - - - -

Total Revenues $775,589 $971,850 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000

EXPENDITURES:

Administration - - - - - - - -

Lodging Tax Programs 472,508 480,411 1,049,220 800,000 800,000 800,000 800,000 800,000

Lodging Tax Programs-Transfer Out to Fund 301 Parks CIP 237,049 955,460 - - - - - -

Transfer Out - Fund 190 Grant - - - - - -

Total Expenditures $709,557 $1,435,871 $1,049,220 $800,000 $800,000 $800,000 $800,000 $800,000

Beginning Fund Balance: $1,447,208 $1,513,240 $1,049,220 $800,000 $800,000 $800,000 $800,000 $800,000

Ending Fund Balance (earmarked for next year's grant awards) $1,513,240 $1,049,220 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000

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Page 23: LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, … › wp-content › uploads › 2018 › ... · Subject: Review of Proposed 2018 Year-End Budget Adjustment BACKGROUND The RCW

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 105 PROPERTY ABATEMENT & RENTAL HOUSING SAFETY PROGRAMREVENUES:

Abatement Program:

Abatement Charges 56,633 97,566 63,000 60,000 60,000 60,000 60,000 60,000

Interest Earnings 10,489 5,000 22,000 10,500 10,500 10,500 10,500 10,500

Judgments & Settlements/Other Misc 983

Transfer In - Fund 001 General 125,000 250,000 60,000 60,000 35,000 35,000 35,000 35,000

Rental Housing Safety Program:

Transfer In - Fund 001 General 50,000 - 25,000 25,000 - - - -

Rental Housing Safety Program Fees 96,245 50,000 168,600 173,300 155,800 155,800 150,800 150,800

Total Revenues $339,349 $402,566 $338,600 $328,800 $261,300 $261,300 $256,300 $256,300

EXPENDITURES:

Abatement 186,174 495,698 145,000 130,500 105,500 105,500 105,500 105,500

Rental Housing Safety Program 41,780 154,465 193,600 198,300 155,800 155,800 150,800 150,800

Total Expenditures $227,954 $650,163 $338,600 $328,800 $261,300 $261,300 $256,300 $256,300

Beginning Fund Balance: $136,201 $247,597 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $247,597 $0 $0 $0 $0 $0 $0 $0

Abatement $143,132 $0 $0 $0 $0 $0 $0 $0

Rental Housing Safety Program $104,465 $0 $0 $0 $0 $0 $0 $0

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 106 PUBLIC ARTREVENUES:

Interest Earnings 322 25 - - - - - -

Facility Rentals 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000

Donations/Contributiosn - - - - - - - -

Transfer In - Fund 102 REET 27,791 - - - - - - -

Total Revenues $43,113 $15,025 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000

EXPENDITURES:

Arts Commission Programs 723 2,000 2,000 2,000 2,000 2,000 2,000 2,000

Public Art 62,000 32,622 13,000 13,000 13,000 13,000 13,000 13,000

Total Expenditures $62,723 $34,622 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000

Beginning Fund Balance: $39,207 $19,597 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $19,597 $0 $0 $0 $0 $0 $0 $0

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Page 24: LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, … › wp-content › uploads › 2018 › ... · Subject: Review of Proposed 2018 Year-End Budget Adjustment BACKGROUND The RCW

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 180 NARCOTICS SEIZUREREVENUES:

Forfeitures 116,037 75,000 60,500 70,000 70,000 70,000 70,000 70,000

Law Enforcement Contracts 8,924 26,042 - - - - - -

Interest Earnings 3,218 - - - - - - -

Total Revenues $128,179 $101,042 $60,500 $70,000 $70,000 $70,000 $70,000 $70,000

EXPENDITURES:

Investigations /Predictive Policing 207,600 385,804 60,500 70,000 70,000 70,000 70,000 70,000

Capital Purchases - - - - - - - -

Total Expenditures $207,600 $385,804 $60,500 $70,000 $70,000 $70,000 $70,000 $70,000

Beginning Fund Balance: $364,183 $284,762 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $284,762 $0 $0 $0 $0 $0 $0 $0

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 181 FELONY SEIZUREREVENUES:

Forfeitures 26,147 - - - - - - -

Total Revenues $26,147 $0 $0 $0 $0 $0 $0 $0

EXPENDITURES:

Investigations/Predictive Policing 124,545 45,363 - - - - - -

Capital Purchases 2,644 - - - - - - -

Transfer to Fund 501 Fleet & Equipment 48,519 - - - - - - -

Total Expenditures $175,708 $45,363 $0 $0 $0 $0 $0 $0

Beginning Fund Balance: $194,924 $45,363 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $45,363 $0 $0 $0 $0 $0 $0 $0

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 182 FEDERAL SEIZUREREVENUES:

Forfeitures - 75,000 9,600 39,600 39,600 39,600 39,600 39,600

Interest Earnings 328 - - - - - - -

Total Revenues $328 $75,000 $9,600 $39,600 $39,600 $39,600 $39,600 $39,600

EXPENDITURES:

Crime Prevention 117,945 77,360 9,600 39,600 39,600 39,600 39,600 39,600

Capital 10,469 - - - - - - -

Total Expenditures $128,414 $77,360 $9,600 $39,600 $39,600 $39,600 $39,600 $39,600

Beginning Fund Balance: $130,446 $2,360 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $2,360 $0 $0 $0 $0 $0 $0 $0

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Page 25: LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, … › wp-content › uploads › 2018 › ... · Subject: Review of Proposed 2018 Year-End Budget Adjustment BACKGROUND The RCW

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 190 CDBG/GRANTSREVENUES:

Grants 996,540 2,125,700 565,000 560,000 560,000 560,000 560,000 560,000

Section 108 Loan Proceeds 141,000 - - - - - - -

Interest Earnings - - - - - - - -

Miscellaneous/Contributions - - - - - - - -

Total Revenues $1,137,540 $2,125,700 $565,000 $560,000 $560,000 $560,000 $560,000 $560,000

EXPENDITURES:

Grants 431,704 1,854,031 265,000 260,000 510,000 510,000 510,000 510,000

Section 108 Loan Repayment - 50,000 50,000 50,000 50,000 50,000 50,000

Transfer Out - Fund 302 Transportation 693,751 323,521 250,000 250,000 - - - -

Total Expenditures $1,125,455 $2,177,552 $565,000 $560,000 $560,000 $560,000 $560,000 $560,000

Beginning Fund Balance: $39,767 $51,852 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $51,852 $0 $0 $0 $0 $0 $0 $0

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 191 NEIGHBORHOOD STABLILIZATION PROGRAMREVENUES:

Grant-NSP 1 40,518 - - - - - - -

Grant-NSP 3 - - - - - - - -

Abatement Charges 53,687 80,000 4,500 20,700 20,000 20,000 15,000 15,000

Abatement Interest 12,831 6,000 4,000 4,000 4,000 4,000 4,000 4,000

Total Revenues $107,036 $86,000 $8,500 $24,700 $24,000 $24,000 $19,000 $19,000

EXPENDITURES:

Grant-NSP 1 144,251 191,469 8,500 24,700 24,000 24,000 19,000 19,000

Grant-NSP 3 - - - - - - - -

Total Expenditures $144,251 $191,469 $8,500 $24,700 $24,000 $24,000 $19,000 $19,000

Beginning Fund Balance: $142,684 $105,469 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $105,469 $0 $0 $0 $0 $0 $0 $0

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 192 SSMCP (SOUTH SOUND MILITARY COMMUNITIES PARTNERSHIP)REVENUES:

Grants 127,421 2,442,077 - - - - - -

Partner Participation 181,850 227,100 227,100 227,100 227,100 227,100 227,100 227,100

Misc/Other - - - - - - - -

Transfer In From Fund 001 General 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000

Total Revenues $359,271 $2,719,177 $277,100 $277,100 $277,100 $277,100 $277,100 $277,100

EXPENDITURES:

OEA/SSMCP 340,517 2,813,685 $277,100 277,100 228,500 228,500 228,500 228,500

Total Expenditures $340,517 $2,813,685 $277,100 $277,100 $228,500 $228,500 $228,500 $228,500

Beginning Fund Balance: $75,754 $94,508 $0 $0 $0 $0 $0 $48,600

Ending Fund Balance: $94,508 $0 $0 $0 $48,600 $48,600 $48,600 $97,200

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 195 PUBLIC SAFETY GRANTSREVENUES:

Grants 100,779 65,078 - - - - - -

Transfer In - Fund 001 General

Total Revenues $100,779 $65,078 $0 $0 $0 $0 $0 $0

EXPENDITURES:

Grants 99,859 65,078 - - - - - -

Transfer Out - Fund 001 General

Total Expenditures $99,859 $65,078 $0 $0 $0 $0 $0 $0

Beginning Fund Balance: ($920) $0 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $0 $0 $0 $0 $0 $0 $0 $0

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 201 GENERAL OBLIGATION BOND DEBT SERVICEREVENUES:

Transfer-In From Fund 001 General 398,282 478,135 442,206 440,656 448,494 445,481 446,981 442,756

Transfer-In From Fund 102 REET - - 184,000 810,000 1,292,000 1,292,000 1,292,000 1,292,000

Bond Proceeds - - - - - - - -

Total Revenues $398,282 $478,135 $626,206 $1,250,656 $1,740,494 $1,737,481 $1,738,981 $1,734,756

EXPENDITURES:

Principal & Interest - 59th Avenue 77,000 77,000 77,000 77,000 77,000 77,000 77,000 77,000

Principal & Interest - Police Station - 2009/2016 LTGO 129,310 209,038 - - - - - -

Principal & Interest - Police Station - 2016 LTGO - 210,181 209,006 212,594 210,706 213,581 210,981

Principal & Interest - LOCAL LED Streetlight 155,025 155,150 155,025 154,650 158,900 157,775 156,400 154,775

Principle & Interest - Transportation CIP Bond - - 184,000 810,000 1,292,000 1,292,000 1,292,000 1,292,000

Bond Refund 36,947 36,947 - - - - - -

Total Expenditures $398,282 $478,135 $626,206 $1,250,656 $1,740,494 $1,737,481 $1,738,981 $1,734,756

Beginning Fund Balance: $0 $0 $0 $0 $0 $0 $0 ($0)

Ending Fund Balance: $0 $0 $0 $0 $0 $0 ($0) ($0)

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 202 LOCAL IMPROVEMENT DISTRICT (LID) DEBT SERVICEREVENUES:

Interest (1,421) 5 - - - - - -

Assessments 202,595 191,230 197,600 203,500 209,700 209,700 209,700 216,000

Total Revenues $201,175 $191,235 $197,600 $203,500 $209,700 $209,700 $209,700 $216,000

EXPENDITURES:

Principal & Interest-Combined LID 1101/1103 210,454 125,105 124,400 128,100 132,000 132,000 132,000 136,000

Principal & Interest - LID 1108 73,837 71,065 73,200 75,400 77,700 77,700 77,700 80,000

Total Expenditures $284,291 $196,170 $197,600 $203,500 $209,700 $209,700 $209,700 $216,000

Beginning Fund Balance: $88,051 $4,935 ($0) ($0) ($0) ($0) ($0) ($0)

Ending Fund Balance: $4,935 ($0) ($0) ($0) ($0) ($0) ($0) ($0)

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 204 SEWER PROJECT DEBT SERVICEREVENUES:

Sewer Charges (4.75% Sewer Surcharge) 708,949 725,000 745,000 765,000 765,000 765,000 765,000 765,000

Interest Earnings/Other 12,929 9,000 6,400 4,100 6,600 9,200 5,200 1,300

Sanitary Side Sewer Connection Home Loan Repayment 45,746 20,229 20,229 19,377 17,976 17,976 17,976 11,724

Total Revenues $767,623 $754,229 $771,629 $788,477 $789,576 $792,176 $788,176 $778,024

EXPENDITURES:

PWTFL Debt Service (PW-04-691-PRE-132) 32,092 31,795 31,498 31,201 30,904 30,904 30,904 30,607

PWTFL Debt Service (PW-06-962-022) 309,206 307,734 306,261 304,789 303,317 303,317 303,317 301,844

PWTFL Debt Service (PW-08-951-025) 110,268 109,748 109,227 108,707 108,187 108,187 108,187 107,667

PWTFL Debt Service (PW-12-851-025) 2,840 38,214 38,036 37,857 37,679 37,679 37,679 37,500

Transfer To Fund 311 Sewer Capital 400,000 68,995 987,000 55,000 55,000 60,000 1,356,000 60,000

Total Expenditures $854,406 $556,486 $1,472,022 $537,554 $535,086 $540,086 $1,836,086 $537,618

Beginning Fund Balance: $880,285 $793,502 $991,245 $290,852 $541,775 $796,265 $1,048,354 $444

Ending Fund Balance: $793,502 $991,245 $290,852 $541,775 $796,265 $1,048,354 $444 $240,850

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 251 LOCAL IMPROVEMENT DISTRICT (LID) GUARANTY DEBT SERVICEREVENUES:

Interest Earnings 1,186 119 - - - - - -

Total Revenues $1,186 $119 $0 $0 $0 $0 $0 $0

EXPENDITURES:

Transfer Out - Fund 001 General - - - - - - - -

Total Expenditures $0 $0 $0 $0 $0 $0 $0 $0

Beginning Fund Balance: $125,742 $126,928 $127,047 $127,047 $127,047 $127,047 $127,047 $127,047

Ending Fund Balance: $126,928 $127,047 $127,047 $127,047 $127,047 $127,047 $127,047 $127,047

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 301 PARKS CAPITAL REVENUES:

Grants 518,674 2,080,000 - - - - - -

Funds Anticipated - - 994,870 2,850,000 - 500,000 - -

Interest Earnings 5,474 - - - - - - -

Contributions/Donations 100,250 184,000 - - - - - -

Proceeds from Sale of Land 404,474 - - - - - - -

Transfer In From Fund 001 General 657,125 945,684 80,000 80,000 80,000 80,000 80,000 80,000

Transfer In From Fund 102 REET 525,255 358,525 1,360,130 - - - - -

Transfer In From Fund 104 Hotel/Motel Lodging Tax 237,049 955,461 - - - - - -

Transfer In From Fund 401 Surface Water Mgmt 41,586 397,964 50,000 50,000 - - - -

Total Revenues $2,489,886 $4,921,634 $2,485,000 $2,980,000 $80,000 $580,000 $80,000 $80,000

EXPENDITURES:

Capital 1,733,444 5,915,053 1,605,000 3,860,000 3,250,000 3,280,000 1,530,000 80,000

Transfer to Fund 001 General Fund -

Total Expenditures $1,733,444 $5,915,053 $1,605,000 $3,860,000 $3,250,000 $3,280,000 $1,530,000 $80,000

Beginning Fund Balance: $236,976 $993,419 $0 $880,000 $0 ($3,170,000) ($5,870,000) ($7,320,000)

Ending Fund Balance: $993,419 $0 $880,000 $0 ($3,170,000) ($5,870,000) ($7,320,000) ($7,320,000)

Parks Capital Projects (2019-2024) 2019 2020 2021 2022 2023 2024

301.0033 Fort Steilacoom Park Pavilion Phase II -$ -$ -$ -$ 250,000$ -$

301.0014 Fort Steilacoom Park/Angle Lane Parking & Trail Improvement 975,000 - - - - -

301.0023 Fort Steilacoom Park Ball Field Lighting - - - - 1,200,000 -

301.0025 Fort Steilacoom Park ADA/Sensory All Abilities Playground - - - - - -

301.0024 Fort Steilacoom Park Barn Restoration - - 2,600,000 3,000,000 - -

301.0031 Fort Steilacoom Park Turf Infields - - - - - -

301.0026 Harry Todd Park Phase II (Waterfront) 200,000 100,000 - - - -

301.0012 Springbrook Park Acquisition Phase III 150,000 - - - - -

301.0032 Springbrook Park Expansion V - 750,000 - - - -

301.0027 American Lake Improvements (ADA, Playground, Sanican Enclosure) - 250,000 - - - -

301.0028 Oakbrook Park Improvements - - - 100,000 - -

301.0005 Chambers Creek Trail 100,000 100,000 - - - -

301.0020 Wards Lake Improvements 30,000 370,000 - - -

301.0006 Gateways 100,000 50,000 100,000 100,000 - -

301.0016 Park Equipment Replacement 20,000 20,000 20,000 20,000 20,000 20,000

301.0017 Park Playground Resurfacing 10,000 10,000 10,000 10,000 10,000 10,000

301.0034 Kiwanis Park Playground Replacement - - 100,000 - - -

301.0018 Project Support 50,000 50,000 50,000 50,000 50,000 50,000

Total 1,605,000$ 1,360,000$ 3,250,000$ 3,280,000$ 1,530,000$ 80,000$

Total 2019 - 2024 11,105,000

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 302 TRANSPORATION CAPITAL PROJECTREVENUES:

Motor Vehicle Excise Tax 356,029 352,247 350,000 350,000 350,000 350,000 350,000 350,000

State Transportation Package - Multi-Modal Distribution 61,819 83,585 82,400 82,400 82,400 82,400 82,400 82,400

State Transportation Package - Increased Gas Tax 54,092 72,914 72,300 72,300 72,300 72,300 72,300 72,300

Grants 5,698,373 9,874,518 810,000 1,675,000 2,533,400 585,600 - -

Contributions from Utilities/Developers/Partners 337,005 20,000 - - - - - -

LID Financing - 1,240,000 - - - - - -

Proceeds from Sale of Asset/Street Vacation 1,000 - - - - - - -

Interest/Other 12,973 - - - - - - -

Interfund Loan From Fleet & Equipment Reserves 505,778 514,222 - - - - - -

GO Bond Proceeds - - 5,000,000 6,000,000 6,600,000 - - -

Transfer In - Fund 001 General 602,715 1,045,635 700,000 700,000 700,000 700,000 700,000 700,000

Transfer In - Fund 102 REET 1,833,824 2,592,298 155,870 890,000 408,000 408,000 408,000 408,000

Transfer In - Fund 103 TBD 777,500 957,506 814,000 814,000 814,000 814,000 814,000 814,000

Transfer In - Fund 190 CDBG 693,751 573,521 250,000 250,000 - - - -

Transfer In - Fund 401 SWM 666,365 1,680,669 614,000 1,870,000 1,266,000 223,000 127,400 -

Total Revenues $11,601,224 $19,007,115 $8,848,570 $12,703,700 $12,826,100 $3,235,300 $2,554,100 $2,426,700

EXPENDITURES:

Capital Projects 12,098,080 20,196,090 6,655,000 14,320,000 12,506,000 4,367,960 2,618,810 2,426,700

Transfer Out - Fund 301 Parks CIP - 20,409

Transfer Out - Fund 401 SWM - - - - - - - -

Intefund Loan Repayment - 1,020,000 - - - - - -

Total Expenditures $12,098,080 $21,236,499 $6,655,000 $14,320,000 $12,506,000 $4,367,960 $2,618,810 $2,426,700

Beginning Fund Balance: $3,026,240 $2,529,384 $300,000 $2,493,570 $877,270 $1,197,370 $64,710 $0

Ending Fund Balance: $2,529,384 $300,000 $2,493,570 $877,270 $1,197,370 $64,710 $0 $0

Transportation Capital Projects (2019-2024) 2019 2020 2021 2022 2023 2024

302.0001 Personnel, Engineering & Professional Services 532,000$ 559,000$ 587,000$ 616,000$ 647,000$ 671,600$

302.0002 Street Lights: New LED Streetlight 170,000 170,000 175,000 175,000 180,000 180,000

302.0003 Safety: Neighborhood Traffic Safety/Traffic Calming 25,000 25,000 27,000 27,000 30,000 30,000

302.0004 Minor Capital & Major Maintenance 250,000 250,000 260,000 260,000 270,000 270,000

302.0005 Chip Seal Program - Local Access Roads 360,000 360,000 380,000 380,000 390,000 390,000

302.0053 Streets: 123rd St SW - Bridgeport Way to 47th Ave SW 350,000 367,000 - - - -

302.0059 Traffic Signal New: Durango Street/Steilacoom Boulevard - - - - - 885,100

302.0060 Traffic Signal Replacement: 100th & Lakewood Drive 551,000 - - - - -

302.0063 Colonial Center Plaza 2,127,000 - - - - -

302.0066 Overlay: Custer - Steilacoom to John Dower 568,000 - - - - -

302.0068 Overlay: Pacific Hwy - 108th to SR512 - - 31,000 680,000 - -

302.0080 Overlay: 108th St - Bridgeport Way to Pacific Highway - 110,000 746,000 - - -

302.0131 Overlay & Sidewalk Fill-In: Custer Rd - John Dower to 500' West of BPW - - - 240,000 600,000 -

302.0074 Streets: South Tacoma Way - 88th to 80th St (Design) - - 515,000 - - -

302.0133 Street & Sidewalks: Steilacoom Blvd (Farwest to Weller) ROW Acquisition - - 1,183,000 - - -

302.0077 Non-Motorized Trail: Gravelly Lake Dr. - Washington Blvd to Nyanza Rd SW - 330,000 4,268,000 - - -

302.0135 Streets: WA Blvd and Edgewood Dr (North Fort to Gravelly Lake Dr) - - 484,000 1,989,960 501,810 -

Phase I - WA Blvd: Interlaaken to Gravelly Lake Drive Double Roundabouts

302.0137 Streets: Steilacoom Blvd/88th (Weller to Custer Rd.) 289,000 798,000 3,850,000 - - -

302.0134 Sidewalks: Veterans Drive - Gravelly Lake Drive to American Lake Park 809,000 6,690,000 - - - -

302.0138 Sidewalks: Onyx Dr. SW – 89th to 97th and Garnet to Phillips 624,000 4,661,000 - - - - Total 6,655,000$ 14,320,000$ 12,506,000$ 4,367,960$ 2,618,810$ 2,426,700$

Total 2019 - 2024 42,894,470

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 311 SEWER CAPITAL PROJECTREVENUES:

Grants 50,000 - - - - - - -

Sewer Availability Charge - - 145,000 140,000 140,000 140,000 140,000 140,000

Interest Earnings (360) - - - - - - -

Public Works Trust Fund Loan - - - - - - - -

Transfer In Fund 204 Sewer Project Debt (Sewer Surcharge 4.75%) 400,000 103,995 987,000 55,000 55,000 60,000 1,356,000 60,000

Transfer In Fund 312 Sanitary Sewer Connection Capital - - 712,390 - - - - -

Total Revenues $449,640 $103,995 $1,844,390 $195,000 $195,000 $200,000 $1,496,000 $200,000

EXPENDITURES:

Administration - - 35,000 35,000 35,000 35,000 35,000 35,000

Capital 387,104 127,472 1,139,000 88,000 836,000 114,000 1,356,000 60,000

Total Expenditures $387,104 $127,472 $1,174,000 $123,000 $871,000 $149,000 $1,391,000 $95,000

Beginning Fund Balance: ($10,821) $51,716 $28,239 $698,629 $770,629 $94,629 $145,629 $250,629

Ending Fund Balance: $51,716 $28,239 $698,629 $770,629 $94,629 $145,629 $250,629 $355,629

Sewer Capital Projects (2019-2024) 2019 2020 2021 2022 2023 2024

311.0002 Side Sewer CIPs (Sewer Surcharge 4.75%) 53,000$ 55,000$ 55,000$ 60,000$ 60,000$ 60,000$

311.0004 N. Thorne Ln. Sewer Extension (Sewer Surcharge 4.75%) 934,000 - - - - -

311.0005 Maple St. Sewer Extension - 33,000 781,000 - - -

311.0006 Rose Rd. & Forest Rd. Sewer Extension (Sewer Surcharge 4.75%) - - - 54,000 1,296,000 -

311.0013 Ft. Steilacoom Park Sewer Extension 152,000 - - - - -

Total 1,139,000$ 88,000$ 836,000$ 114,000$ 1,356,000$ 60,000$

Total 2019 - 2024 3,593,000

Sewer Capital Projects (2025-2033)* 2027 2028 2029 2030 2031 2032 2033

311.0007 Wadsworth, Silcox & Boat St. Sewer Extension 1,839,000$ -$ -$ -$ -$ -$ -$

311.0008 Grant Ave. & Orchard St. Sewer Extension - 1,223,000 - - - - -

311.0009 Washington Ave. & W. Thorne Ln. Sewer Extension - - - 1,976,000 - - -

311.0010 Grant Ave & Lake St. Sewer Extension - - - - 1,190,000 - -

311.0011 Washington Ave & Lake St Sewer Ext - - - - - 875,000 -

311.0012 Boundary St. & Military Ave. Sewer Ext - - - - - - 651,000

1,839,000$ 1,223,000$ -$ 1,976,000$ 1,190,000$ 875,000$ 651,000$

Total 2025 - 2033 7,754,000$

2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 312 SANITARY SEWER CONNECTION CAPITAL REVENUES:

Sewer Availability Charge 175,881 150,000 - - - - - -

Interest Earnings 6,152 627 - - - - - -

Proceeds From Lien 1,354 184 - - - - - -

Total Revenues $183,388 $150,811 $0 $0 $0 $0 $0 $0

EXPENDITURES:

Capital & Administration 34,619 55,000 - - - - - -

Transfer To Fund 311 Sewer Capital Project - 35,000 712,390 - - - - -

Total Expenditures $34,619 $90,000 $712,390 $0 $0 $0 $0 $0

Beginning Fund Balance: $502,810 $651,579 $712,390 ($0) ($0) ($0) ($0) ($0)

Ending Fund Balance: $651,579 $712,390 ($0) ($0) ($0) ($0) ($0) ($0)

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 401 SURFACE WATER MANAGEMENTREVENUES:

Storm Drainage Fees & Charges 2,721,733 2,735,000 3,726,200 3,904,100 4,076,720 4,250,230 4,424,950 4,535,580

Site Development Permit Fee 39,534 47,000 30,000 30,000 30,000 30,000 30,000 30,000

Interest Earnings 46,966 42,000 21,600 20,800 8,900 4,700 10,500 18,600

Subtotal Operating Revenues $2,808,232 $2,824,000 $3,777,800 $3,954,900 $4,115,620 $4,284,930 $4,465,450 $4,584,180

% Revenue Change over Prior Year 0.62% 0.56% 33.77% 4.69% 4.06% 4.11% 4.21% 2.66%

EXPENDITURES:

Engineering Services 1,217,665 1,650,184 1,832,745 1,824,594 1,879,300 1,935,700 1,993,800 2,053,600

Operations & Maintenance 766,787 918,055 856,300 860,354 886,200 912,800 940,200 968,400

Transfer to Fund 001 General Admin Support 284,700 284,700 284,700 284,700 284,700 284,700 284,700 284,700

Subtotal Operating Expenditures $2,269,152 $2,852,939 $2,973,745 $2,969,648 $3,050,200 $3,133,200 $3,218,700 $3,306,700

% Expenditure Change over Prior Year 6.17% 25.73% 4.23% -0.14% 2.71% 2.72% 2.73% 2.73%

OPERATING INCOME (LOSS) $539,080 ($28,939) $804,055 $985,252 $1,065,420 $1,151,730 $1,246,750 $1,277,480

As a % of Operating Expenditures 23.8% -1.0% 27.0% 33.2% 34.9% 36.8% 38.7% 38.6%

OTHER FINANCING SOURCES:

Grants/Contributions 138,015 17,601 - - - - - -

Flood Control Opportunity Fund - 250,000 - - - - - -

Transfer In From Fund 302 Transportation Capital - - - - - - - -

Subtotal Other Financing Sources $138,015 $267,601 $0 $0 $0 $0 $0 $0

OTHER FINANCING USES:

Capital/1-Time 726,559 656,563 216,252 253,718 215,000 350,000 315,000 -

Transfer to Fund 301 Parks CIP 41,586 397,964 50,000 50,000 - - - -

Transfer to Fund 302 Transportation Capital 666,365 1,680,669 614,000 1,870,000 1,266,000 223,000 127,400 -

Transfer to Fund 502 Property Management - 38,000 - - - - - -

Subtotal Other Financing Uses $1,434,510 $2,773,196 $880,252 $2,173,718 $1,481,000 $573,000 $442,400 $0

Total Revenues and Other Sources $2,946,247 $3,091,601 $3,777,800 $3,954,900 $4,115,620 $4,284,930 $4,465,450 $4,584,180

Total Expenditures and other Uses $3,703,663 $5,626,135 $3,853,997 $5,143,366 $4,531,200 $3,706,200 $3,661,100 $3,306,700

Beginning Fund Balance: $5,447,023 $4,689,608 $2,155,074 $2,078,877 $890,411 $474,831 $1,053,561 $1,857,911

Ending Fund Balance: $4,689,608 $2,155,074 $2,078,877 $890,411 $474,831 $1,053,561 $1,857,911 $3,135,391

17% Operating Reserves (of operating revenues) $477,399 $480,080 n/a n/a n/a n/a n/a n/a

33% Operating Reserves (of operating expenditures) n/a n/a $981,336 $979,984 $1,006,566 $1,033,956 $1,062,171 $1,091,211

1% Capital Reserves n/a n/a $478,940 $481,477 $483,627 $487,127 $490,277 $490,277

Unreserved / (Shortfall): $4,212,208 $1,674,994 $618,602 ($571,049) ($1,015,361) ($467,521) $305,464 $1,553,904

SWM Capital Projects (2019-2024) 2019 2020 2021 2022 2023 2024

401.0012 Outfall Retrofit Feasibility Project 60,000$ -$ -$ -$ -$ -$

401.0013 58th Ave Ct Bioretention Swale 80,000 - - - - -

401.0014 2021 Water Quality Improvements - 20,000 180,000 - - -

401.0015 Oakbrook Outfall Retrofits 25,000 225,000 - - - -

401.0016 112th St Drainage Improvements - - 35,000 315,000 - -

401.0020 2023 Drainage Pipe Repair Project - - - 35,000 315,000 -

Total 165,000$ 245,000$ 215,000$ 350,000$ 315,000$ -$

Total 2019 - 2024 1,290,000

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 501 FLEET & EQUIPMENTOPERATING REVENUES:

M&O Revenue 649,107 701,720 740,720 740,720 763,400 786,700 810,700 835,400

Interest Earnings 29,379 4,000 15,000 15,000 15,000 15,000 15,000 15,000

Insurance Recovery - - - - - - - -

Total Revenues $678,487 $705,720 755,720 755,720 $778,400 $801,700 $825,700 $850,400

OPERATING EXPENDITURES:

Fuel/Gasoline 317,678 374,150 424,150 424,150 436,900 450,000 463,500 477,400

Other Supplies 18,195 3,990 3,990 3,990 4,100 4,200 4,300 4,400

Repairs & Maintenance 342,474 327,580 327,580 327,580 337,400 347,500 357,900 368,600

Other Services & Charges 140 - - - - - - -

Intergovernmental - - - - - - - -

Total Expenditures $678,487 $705,720 755,720 $755,720 $778,400 $801,700 $825,700 $850,400

Operating Revenue Over/(Under) Expenditures ($0) $0 $0 $0 $0 $0 $0 $0

OTHER FINANCING SOURCES:

Interfund Loan (Fund 302 LID Interim Financing) - 1,020,000 - - - - - -

Replacement Reserves Collections 831,415 979,370 805,481 - 782,000 782,000 782,000 782,000

Capital Contribution 79,941 125,000 127,320 - - - - -

Proceeds From Sale of Assets 29,175 16,000 - - - - - -

Tranfer In From Fund 001 General - - - - - - - -

Transfer In from Fund 181 Felony Seizure 48,519 - - - - - - -

Transfer In From Fund 504 Risk Management 4,395 - - - - - - -

Total Other Financing Sources $993,445 $2,140,370 $932,801 $0 $782,000 $782,000 $782,000 $782,000

OTHER FINANCING USES:

Fleet & Equipment New & Replacement 965,660 776,417 905,000 596,300 - - - -

Interfund Loan To Fund 302 LID Interim Financing 505,778 514,222

Transfer to Fund 001 General 96,050 16,000 - - - - - -

Transfer to Fund 502 Information Technology - - - - - - - -

Total Other Financing Uses $1,567,488 $1,306,639 $905,000 $596,300 $0 $0 $0 $0

Total Revenues $1,671,932 $2,846,090 $1,688,521 $755,720 $1,560,400 $1,583,700 $1,607,700 $1,632,400

Total Expenditures $2,245,975 $2,012,359 $1,660,720 $1,352,020 $778,400 $801,700 $825,700 $850,400

Beginning Fund Balance: $4,527,589 $3,953,548 $4,787,279 $4,815,080 $4,218,780 $5,000,780 $5,782,780 $6,564,780

Ending Fund Balance: $3,953,546 $4,787,279 $4,815,080 $4,218,780 $5,000,780 $5,782,780 $6,564,780 $7,346,780

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 502 PROPERTY MANAGEMENTOPERATING REVENUES:

M&O Revenue 718,379 653,588 677,111 678,684 699,100 720,100 741,700 763,900

Interest Earnings 2,731 - - - - - - -

Total Operating Revenues 721,111$ 653,588$ 677,111$ 678,684$ 699,100$ 720,100$ 741,700$ 763,900$

OPERATING EXPENDITURES:

City Hall Facility 397,455 348,265 369,505 371,045 382,200 393,700 405,500 417,700

Police Station 259,006 236,849 239,249 239,277 246,500 253,900 261,500 269,300

Parking Facilities/Light Rail 61,185 68,474 68,357 68,362 70,400 72,500 74,700 76,900

Total Operating Expenditures 717,646$ 653,588$ 677,111$ 678,684$ 699,100$ 720,100$ 741,700$ 763,900$

Operating Revenue Over/(Under) Expenditures 3,464$ -$ -$ -$ -$ -$ -$ -$

OTHER FINANCING SOURCES:

Replacement Reserve Collections 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000

Transfer in From Fund 401 SWM - 38,000 - - - - - -

Total Other Financing Sources 100,000$ 138,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$

OTHER FINANCING USES:

Capital/1-Time/6-Year Property Management Plan 44,633 258,464 68,000 95,000 145,000 205,000 145,500 255,000

Total Other Financing Uses 44,633$ 258,464$ 68,000$ 95,000$ 145,000$ 205,000$ 145,500$ 255,000$

Total Revenues 821,111$ 791,588$ 777,111$ 778,684$ 799,100$ 820,100$ 841,700$ 863,900$

Total Expenditures 762,279$ 912,052$ 745,111$ 773,684$ 844,100$ 925,100$ 887,200$ 1,018,900$

Beginning Fund Balance: $378,068 $436,900 $316,436 $348,436 $353,436 $308,436 $203,436 $157,936

Ending Fund Balance: $436,900 $316,436 $348,436 $353,436 $308,436 $203,436 $157,936 $2,936

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 503 INFORMATION TECHNOLOGYREVENUES:

M&O Revenue 1,083,900 1,384,678 1,597,212 1,690,139 1,740,900 1,834,200 1,847,100 1,908,500

Misc/Interest/Other 0 - - - - - - - Total Operating Revenues 1,083,901$ 1,384,678$ 1,597,212$ 1,690,139$ 1,740,900$ 1,834,200$ 1,847,100$ 1,908,500$

EXPENDITURES:

Personnel 494,918 517,148 546,982 558,529 575,300 592,600 610,400 628,700

Supplies 44,135 108,020 174,520 174,520 179,800 185,200 190,800 196,500

Services & Charges 551,805 737,542 875,710 957,090 985,800 1,015,400 1,045,900 1,077,300

6-Year IT Strategic Plan - - - - - 41,000 - 6,000 Total Operating Expenditures $1,090,858 $1,362,710 $1,597,212 $1,690,139 $1,740,900 $1,834,200 $1,847,100 $1,908,500

Operating Revenue Over/(Under) Expenditures ($6,957) $21,968 $0 $0 $0 $0 $0 $0

OTHER FINANCING SOURCES:

Replacement Reserve Collection 22,500 22,500 66,844 66,844 66,844 66,844 66,844 66,844

Capital Contribution/1-Time M&O/6-Year Strategic Plan 659,964 925,287 318,750 158,750 158,750 138,750 138,750 138,750

Transfer In From Fund 501 Fleet & Equipment - - - - - - - - Total Other Financing Sources $682,464 $947,787 $385,594 $225,594 $225,594 $205,594 $205,594 $205,594

OTHER FINANCING USES:

One-Time/Capital 653,005 947,255 318,750 158,750 158,750 138,750 138,750 138,750 Total Other Financing Uses $653,005 $947,255 $318,750 $158,750 $158,750 $138,750 $138,750 $138,750

Total Revenues $1,766,365 $2,332,465 $1,982,806 $1,915,733 $1,966,494 $2,039,794 $2,052,694 $2,114,094

Total Expenditures $1,743,863 $2,309,965 $1,915,962 $1,848,889 $1,899,650 $1,972,950 $1,985,850 $2,047,250

Beginning Fund Balance: $20,000 $42,500 $65,000 $131,844 $198,688 $265,532 $332,376 $399,220

Ending Fund Balance: $42,500 $65,000 $131,844 $198,688 $265,532 $332,376 $399,220 $466,064

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2017 2018 2019 2020 2021 2022 2023 2024

Annual Actual YND Est Proposed Proposed Projected Projected Projected Projected

FUND 504 RISK MANAGEMENTREVENUES:

M&O Revenue 1,064,277 1,312,898 $1,434,659 1,434,659 1,477,700 1,522,000 1,567,700 1,614,700

AWC Retro Refund - - - - - - - -

Interest/Miscellaneous (686) - - - - - - -

Insurance Proceeds/3rd Party Recoveries 207,728 50,000 150,000 150,000 150,000 150,000 150,000 150,000

Total Revenues $1,271,319 $1,362,898 $1,584,659 $1,584,659 $1,627,700 $1,672,000 $1,717,700 $1,764,700

EXPENDITURES:

Safety Program 1,790 5,180 3,980 3,980 4,100 4,200 4,300 4,400

AWC Retro Program 30,462 24,000 24,000 24,000 24,700 25,400 26,200 27,000

WCIA Assessment 1,055,879 1,183,718 1,406,679 1,406,679 1,448,900 1,492,400 1,537,200 1,583,300

Claims/Judgments & Settlements 183,189 150,000 150,000 150,000 150,000 150,000 150,000 150,000

Total Expenditures $1,271,319 $1,362,898 $1,584,659 $1,584,659 $1,627,700 $1,672,000 $1,717,700 $1,764,700

OTHER FINANCING SOURCES:

Capital Contribution/1-Time M&O $154,588 - - - - - - - Total Other Financing Sources $154,588 $0 $0 $0 $0 $0 $0 $0

OTHER FINANCING USES:

One-Time/Capital 150,193 - - - - - - -

Transfer To Fund 501 Fleet & Equipment 4,395 - Total Other Financing Uses $154,588 $0 $0 $0 $0 $0 $0 $0

Total Revenues $1,425,907 $1,362,898 $1,584,659 $1,584,659 $1,627,700 $1,672,000 $1,717,700 $1,764,700

Total Expenditures $1,425,907 $1,362,898 $1,584,659 $1,584,659 $1,627,700 $1,672,000 $1,717,700 $1,764,700

Beginning Fund Balance: $0 $0 $0 $0 $0 $0 $0 $0

Ending Fund Balance: $0 $0 $0 $0 $0 $0 $0 $0

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TO: Mayor and City Councilmembers FROM: David Bugher, Assistant City Manager for Development Services, and Becky Newton, Economic Development Manager THROUGH: John J. Caulfield, City Manager DATE: October 22, 2018 (Second Study Session) SUBJECT: Family-Wage Job Credit Program Background: It is recommended that the Mayor and City Council adopt the attached Draft ordinance establishing a “Lakewood Family-Wage Jobs Credit Program. Additionally, the Draft Ordinance sets beginning and end dates. On July 17, 2018, the Pierce County Council unanimously voted to pass the Family-Wage Jobs Credit Program. It provides a $275 rebate to employers who are making payments for construction fees and permits, and who have created at least five permanent jobs that pay at least $52,197 per year. The program, which was developed days after the Seattle City Council voted to impose a $275 head tax on for-profit companies grossing more than $20 million, aims to increase economic activity and attract higher paying jobs to Pierce County. The Lakewood City Council expressed an interest in a Lakewood Family-Wage Jobs Credit Program. The Council received a report on establishing a similar program on September 4, 2018. This previous report is attached. City Council agreed that it wanted to move the proposal forward. A Draft Ordinance has been prepared to for City Council review.

Financial Impact: It is difficult to determine the financial impact; that’s why a sunset date has been incorporated into the Draft Ordinance. The financial impact was discussed in the September 2018 report. Assuming 50 new businesses opened in Lakewood, and created 250 jobs, and 20 percent of the 250, or 50 jobs would be family-wage jobs, these 50 jobs would generate a credit of $13,750 to be disbursed amongst the qualifying businesses. The disbursement would be a one-time fee.

Contents of Draft Ordinance: The Lakewood Draft Ordinance is modeled after Pierce County’s Ordinance. The draft regulations are proposed as a new chapter, Chapter 2.100 to be inserted into Title 2 of the Lakewood Municipal Code, Administration and Personnel. The choice to place the Draft Code in this location follows Pierce County’s decision to place their regulations under the administrative section of the County Code1.

1 This is a unique ordinance that does not quite fit within any of the existing titles of the municipal code. Title 1, General Provisions, Title 2, Administration and Finance, Title 5, Business Licenses and regulations, Title

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There are seven sections to the Draft Ordinance:

1. Section 2.100.010 provides a title.

2. Section 020 states the purpose of the Chapter – to encourage businesses to create new family-wage jobs in the City of Lakewood by crediting certain charges and fees associated with establishing or expanding a business.

3. Section 2.100.030 lists definitions. The definitions section is an important piece of the Draft Ordinance.

The term “credit” is defined as a monetary payment or reduction in present or future balance due to the Community and Economic Development Department.

A start date is provided, after December 31, 2018.

Eligible charges and fees are listed.

The term “eligible employer” is defined and excludes public agencies2.

The term “family wage job” is defined.

The term “new family wage job” is defined.

The term “public agency” is defined.

4. Section 2.100.040 determines the amount of the family-wage credit at $275.

5. Section 2.100.050 states that the Community and Economic Development Department is responsible for administration.

6. Section 2.100.060 provides for an administrative appeal process. Given that the proposed regulations are proposed to sunset, using the current hearing examiner process for potential appeals was viewed as being overly burdensome. A summary appeal process has been proposed which is the same process used by Pierce County.

7. Section 2.100.070 provides two sunset clauses, one for applications (December 31, 2020) and another for the entire Chapter (December 31, 2021). The sunset for the application date is intentionally tied to the biennial budget. In the event there are applications recently received before that date, for example, December 27, 2020, a close-out period has been proposed to process any remaining applications prior to the expiration of the program.

Follow-Up Items: As mentioned in the September 4, 2018 memorandum, should the Council adopt the Draft Ordinance, there are some internal assignments that follow:

18A, Land Use and Development Code, and even placement of the credit program within the master fee schedule were all examined. In the end, it seemed Title 2 was the best fit. 2 This exclusion was added at the suggestion of Councilmember Brandstetter at the September 4 study session.

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Provide notice to the general public, and the business community of the availability

of the family-wage credit program.

Develop an internal system to account for development services fees to be used as part of the family-wage credit program.

Prepare promotional items; develop application forms.

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ORDINANCE NO. XXX AN ORDINANCE of the City of Lakewood Council Adopting a New Chapter to Title 2, Administration and Personnel, to the Lakewood Municipal Code, “Lakewood Family-Wage Jobs Credit Program"; Setting an Effective Date; and Establishing a Sunset Date.

WHEREAS, household income in the City of Lakewood lags behind other counties in

the Puget Sound region; and

WHEREAS, more than 16,000 Lakewood residents commute outside of the City for work, increasing traffic congestion and decreasing community involvement; and

WHEREAS, the City of Lakewood is committed to partnering with business, labor, and community leaders to increase local family-wage jobs; and

WHEREAS, the City of Lakewood recognizes the critical role businesses play in creating vibrant communities and is actively working to encourage businesses to choose Lakewood; and

WHEREAS, the City of Lakewood requires payment of certain permits and fees pertaining to construction of commercial buildings and facilities; and

WHEREAS, in order to support and incentivize the creation of local family-wage jobs, the City Council desires to rebate a portion of the permit and fee payments made by employers; and

WHEREAS, in consideration of the creation of new family-wage jobs, the rebate will be available to those employers that made payments for construction fees and permits and who provide evidence that they have created five or more new family-wage jobs of indefinite duration in the City of Lakewood; and

WHEREAS, providing the family-wage job credit will help to increase the number of higher paying jobs in the City of Lakewood, make the City a more attractive place to start or grow a business, enhance economic activity, and expand the tax base; and

WHEREAS, the rebate will be limited to maximum one-time rebate of $275 per new family-wage job created; and

WHEREAS, the public benefits derived from the creation of a new family-wage job will exceed the value of the rebate provided. An example of one public benefit is increased local sales tax revenue which is estimated to be $280 or more for incomes of at least $50,000 per year.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD,

WASHINGTON, DO ORDAIN AS FOLLOWS:

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Section 1. A new Chapter, Chapter, 2.100 is hereby added to Title 2, Administration and

Personnel, as follows:

2.100.010 Title. This Chapter shall be officially cited as the Lakewood Family-Wage Jobs Credit

Program.

2.100.020 Purpose. The purpose of this Chapter is to encourage businesses to create new family-wage

jobs in the City of Lakewood by crediting certain charges and fees associated with establishing or expanding a business.

2.100.030 Definitions.

"Credit" means a monetary payment or reduction in present or future balance due to the Department.

"Department" means the Community and Economic Development Department.

"Eligible charges and fees" means monetary payments paid by the family-wage

jobs credit applicant or the applicant's agent to the City of Lakewood after December 31, 2018, for building permits, Downtown Plan traffic mitigation fees, critical area review, and land use actions, such as conditional permits and variances. Expressly excluded from the definition of eligible charges and fees are state building code charges and fees, Tacoma-Pierce County Health Department charges and fees, recordation fees, fire inspection charges and fees, residential land use action charges and fees, and residential building permit or associated application charges and fees.

"Eligible employer" means an individual or entity that has created and filled at

least five new family-wage jobs in the City of Lakewood after January 1, 2019, and has paid, or whose agent has paid, an eligible charge or fee to the City of Lakewood. "Eligible employer" excludes a public agency.

"Family-wage job" means an ongoing employment relationship of indefinite

duration in which an employee is compensated by an employer at a gross annualized rate, excluding employer-paid benefits such as health benefits and pension payments of any type, at or above 80 percent of the most recent calculation of Pierce County's median annual household income by the Washington State Office of Financial Management, which is $52,197 for calendar year 2019.

“New family-wage job" means a family-wage job that an employer did not

advertise or fill in the previous calendar year that results in a net increase in employees employed by the employer in The City of Lakewood compared to the previous calendar year.

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“Public Agency” includes the federal government or any federal department or agency, Indian tribes, Washington state, all departments, agencies, boards and commissions of Washington state, Pierce County, school districts, fire districts, all municipal corporations, special service districts, and any other political subdivisions of Washington state. 2.100.040 Family-Wage Jobs Credit.

Eligible employers may apply to the Community and Economic Development Department for a credit in the amount of $275 per new family-wage job created in the City of Lakewood, up to the maximum allowed credit amount.

The maximum allowed credit amount is the total of eligible charges and fees paid

to the City of Lakewood by the eligible employer or the eligible employer's agent. Credit payments shall be subject to funds available from other sources appropriated for this purpose. Eligible employers may apply multiple times but may not receive credits exceeding the maximum allowed credit amount for each eligible family-wage job they created.

2.100.050 Administration.

The Community and Economic Development Department is responsible for administering this Chapter.

The Department shall create and make publicly available a standard application

that enables the Department to determine applicant eligibility for a credit under the provisions of this Chapter. The Department may require applicants provide Wage and Hour Reports (Form 5208) as submitted to the Washington State Employment Security Department, with social security numbers redacted, and may require applicants provide other information deemed necessary by the Department Director.

The Department must review applications for completeness prior to acceptance

and no credit may issue without Department approval. Approved credits must be processed in a reasonably expeditious manner.

2.100.060 Reconsideration.

Within seven working days of the date of the Director's decision, aggrieved applicants may file with the Department a written request for reconsideration based on any one of the following grounds:

A. Errors of procedure or misinterpretation of fact, material to the party

seeking the request for reconsideration.

B. Additional supporting information will demonstrate the applicant's eligibility for a credit under this Chapter.

Upon receipt of a request for reconsideration, the Director shall review said

request considering the record and take such further action as is deemed proper including,

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but not limited to, requesting a response from another party, denying the request, granting the request, and may render a revised decision. The result of the reconsideration is the final determination.

2.100.070 Sunset.

The Department shall not accept any applications for a credit utilizing the provisions of this Chapter after December 31, 2020. This Chapter shall sunset on December 31, 2021.

Section 2 Severability. If any section, subsection, paragraph, sentence, clause, or

phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance.

Section 3. Effective Date. This ordinance shall take place thirty (30) days after its publication or publication of a summary of its intent and contents. ADOPTED by the Lakewood City Council this 5th day of November, 2018.

CITY OF LAKEWOOD __________________________________ Don Anderson, Mayor

Attest: __________________________________ Briana Schumacher, City Clerk Approved as to Form: __________________________________ Heidi Ann Wachter, City Attorney

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TO: Mayor and City Councilmembers FROM: David Bugher, Assistant City Manager for Development/

Community Development Director Becky Newton, Economic Development Manager

THROUGH: John J. Caulfield, City Manager MEETING DATE: September 4, 2018 SUBJECT: Economic Development Incentive - Proposed Family-Wage Job

Creation Ordinance Background: In May of this year, the City of Seattle imposed a $275 “head tax” on company’s minimum gross sales of $20 million per year. This tax was later repealed, but it created a stir among businesses in the Puget Sound region. Discussions have ensued among counties surrounding King County and cities, as well, as to how these agencies could offset high King County taxes and attract King County businesses to Pierce County and Pierce County cities. Pierce County was the first agency to act by passing Ordinance No. 2018-51s. This Ordinance, known as the Pierce County Family-Wage Jobs Credit Program, provided a maximum of a one-time rebate of $275 per new family-wage job created. Here’s how it works: New employers, that means those businesses, companies, or their agents that have

paid development fees, are the only employers eligible under this program. EXISTING EMPLOYERS, even though they may create new family-wage jobs, unless they propose to expand the facilities in which they are located, ARE NOT ELIGIBLE under this program.

Eligible employers may apply to the Pierce County Department of Planning and Public Works for a credit in the amount of $275 per new family-wage job created in unincorporated Pierce County.

"New family-wage job" means a family-wage job that an employer did not advertise or fill in the previous calendar year that results in a net increase in employees employed by the employer in unincorporated Pierce County compared to the previous calendar year.

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"Family-wage job" means an ongoing employment relationship of indefinite duration in which an employee is compensated by an employer at a gross annualized rate, excluding employer-paid benefits such as health benefits and pension payments of any type, at or above 80 percent of the 8 most recent calculation of Pierce County's median annual household income by the Washington State Office of Financial Management, which is $52,197 for calendar year 2019.

Eligible employers complete a standard application. The County Planning and Public Works Department determines applicant eligibility for a credit. That same Department may require applicants to provide Wage and Hour Reports (Form 5208) as submitted to the Washington State Employment Security Department, with social security numbers redacted, and may require applicants to submit other information deemed necessary by the Department Director1.

If the applicant is found to be eligible, then the County provides a monetary payment. Funds from this payment come from development fees, specifically, building permits, critical area review, traffic impact fees, sewer connection charges, and land use actions such as conditional permits and variances.

Expressly excluded from the definition of eligible charges are: State building code charges and fees; Tacoma-Pierce County Health Department charges and fees; Fire inspection charges and fees; Residential land use action charges and fees; and Residential building permit or associated application charges and fees.

This Ordinance has a sunset clause which expires on December 31, 2025. Who else in Pierce County has similar programs? Prior to Seattle’s “head tax” Tacoma had instituted a $500 tax credit every year for five years if the business: Added a new full-time (35 or more hours/week) job to your Tacoma workforce; Paid the new employee the minimum hourly family-wage per hour; Kept the new position for at least five years. If the employee leaves the position, the

employer has three months to refill it without any reduction in the credit; Maintains records that show the growth in the company’s employment base; and The credit must be taken within 365 days after filling the new position.

Further, Tacoma offers an additional $250 credit if the employer adds a qualifying position that meets the following criteria: Doing business in international services, such as computer services, engineering,

business consulting or other ventures that reach outside the country’s borders; and Adds the new job to the workforce in the City of Tacoma within the community

empowerment zone or distressed areas, which are areas of high poverty and unemployment as defined by the Washington State Department of Revenue.

Tacoma offers other credits as well - $500 every year for five years if the person hired to fill the new qualifying position is a resident of Tacoma, and another $250 every year for five

1 If Lakewood were to adopt a similar program, it would be administered by the City’s Economic development Manager.

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years if the new qualifying position is considered a "green job". Total potential credits, $1,500 per employee. DuPont is investigating a program, however, there are no details as of this writing. What funds do Pierce County and the City of Tacoma use to provide the credit? Pierce County uses specific land use and development charges; these have been listed above. Tacoma uses its local business and occupations tax. Besides land use and development fee charges, and a local business and occupations tax, can other funding sources be used to fund a credit program? Due to strict constitutional limitations, cities and counties in Washington State have very few avenues open for direct participation in private economic development projects. There are potential legal issues regarding the loaning or gifting of public funds. Under Article 8, Section 7 of the Washington State Constitution, a city or county may not directly give or loan money to private businesses for economic development. The State of Washington is one of the more restrictive in the nation in regard to how public funds may be used to attract private investment. Specifically, Article 8, Section 7 of the state constitution provides:

“No county, city, town or other municipal corporation shall hereafter give any money, property, or loan its money, or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm.”

This constitutional provision has been interpreted in numerous cases in this state and generally has been interpreted very narrowly in regard to allowable uses of public funds to aid private businesses or corporations (Excerpted from the MRSC website, “Economic Development in Washington State: An Introduction”) Internally, there has been discussion about using City utility taxes to provide the credit. It is possible, but it is also regarded as experimental and, therefore, potentially subject to challenge. On an annual basis, how much money are we talking about? It is difficult to determine, but for the sake of argument, let’s say in 2019, 50 new businesses opened in Lakewood. New businesses do not include temporary businesses, swap meet activities, second-hand sales, home occupations, or existing businesses that create new family-wage jobs but do not expand buildings or perform tenant improvements. Of the 50 new businesses, they, on average, will be relatively small with five new employees per business. Total number of employees would be 250. Of the 250, 20 percent, or 50 would be family-wage jobs. Under this scenario, 50 family-wage jobs would generate a credit of $13,750 to be disbursed amongst the qualifying businesses. The disbursement would be a one-time fee. If Lakewood were to initiate such a program, are there any downside aspects? Is the credit sufficient enough to cause a business to locate in Lakewood? By itself,

probably not. A $275 credit per family-wage job may not be sufficient to attract

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businesses to Lakewood, unless it is combined with other economic development offerings. Please see the attached list. However, if the business community is not aware of the City’s desire to promote economic development, and the proposed credit helps the City to improve its recognition, then generally speaking, Lakewood becomes more relevant in the public eye and with private businesses.

CED operates through a cost recovery model. Creating a system to provide a financial credit to businesses creating jobs by removing development fee revenues, technically (albeit marginally), would in theory run counter to cost recovery.

If this is a topic the Council wants to pursue what would be the next steps?

1. Pass an ordinance establishing the family-wage credit program, similar to the one adopted by Pierce County. The program would be located under Chapter 1, General Provisions or Chapter 2, Administration and Personnel of the Lakewood Municipal Code.

2. Choose a start date.

3. Provide notice to the general public, and the business community of the availability

of the family-wage credit program.

4. Develop an internal system to account for development services fees to be used as part of the family-wage credit program.

5. Prepare promotional items; develop application forms.

Attachments: List of Lakewood’s economic development incentives Pierce County Ordinance No. 2018-51s

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Lakewood Economic Development Incentives

September 4, 2018 Key incentives, Lakewood specific:

• No local B&O tax • No development impact fees • No added minimum wage requirement • Three Opportunity Zone Census Tracts (Springbrook, Woodbrook/Tillicum,

Lakeview) • Free commercial construction watch program • Free business watch program for retail • Low business license fee • Within foreign trade zone #86 (all of Lakewood, administered by the Port of

Tacoma) • HUD Section 108 lending program • HUB Zone, EB5 foreign direct investment, and new market tax credit eligible areas • Multifamily Tax Exemption program • Direct Sounder commuter rail service to Tacoma and Seattle with connections to

Everitt • Site selection assistance and “wrap-around” services for all business needs • Two colleges, Pierce College & Clover Park Technical College • Workforce customized training available through our colleges

Programs, Activities, and Measures that Spur Growth and Redevelopment

• Vision and Strategic plan is in place for the City • Image and marketing plan in development • Strategic areas for redevelopment with plans to meet market demand and serve

residents • Dangerous Building Abatement program • Rental Housing Safety program • Predictable permitting, and direct access to key City staff members • Legislative engagement to support of park expansions, redevelopment, clear zone

acquisition, and to establish a Military Benefit Zone State of Washington and Federal Incentives

• No Corporate Income Tax • No Personal, Inventory or Unitary Taxes • Sales tax exemption on machinery and equipment used in manufacturing • Sales tax exemptions for use of renewable energies • Manufacturing, IT, Biotech, Aerospace, & Green Tax Credits • Reduced B&O tax rates for manufacturing of bio-diesel & alcohol fuel • Workforce training credits • Warehousing Tax Incentive

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TO: Mayor and City Councilmembers FROM: Shannon Kelley-Fong, Senior Policy Analyst

THROUGH: John J. Caulfield, City Manager

DATE: October 22, 2018 SUBJECT: Review of Metro Team Options

PURPOSE: This memorandum provides an update on select potential options for the provision of Special Weapons and Tactics (SWAT) services for the City of Lakewood (hereinafter, the “City”). These SWAT options were previously presented to the City Council on March 26, 2018 and June 11, 2018. In addition to updating the previously presented information, this memorandum also explores re-organizing Metro SWAT as a Public Development Agency (PDA), as well as forming a separate joint SWAT Team with select jurisdictions amenable to proportionately sharing liability for SWAT team actions. Notably, the Pierce County Sheriff’s Department (PCSD) declined to offer comprehensive SWAT services to the City. However, PCSD did offer to provide select SWAT services to the City.

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EXECUTIVE SUMMARY: ....................................................................................... 3

RECOMMENDATIONS: ......................................................................................... 4

BACKGROUND: ................................................................................................... 5

TRAINING & EQUIPMENT COSTS: ..................................................................................... 6

OTHER METRO TEAMS ....................................................................................................... 6

SWAT TRENDS: .................................................................................................................... 6

LIABILITY TRENDS .............................................................................................................. 6

METRO SWAT - EXPOSURE TO RISK: ................................................................................ 8

METRO SWAT LIABILITY CLAIMS: ................................................................................... 8

METRO SWAT PROCEDURAL CHANGES: ........................................................................ 9

INTERLOCAL AGREEMENTS: ............................................................................................ 9

METRO TEAMS ILA 2005 AND METRO TEAMS ILA 2016: .............................................. 10

OPTION 1: NO CHANGE, CONTINUE WITH METRO SWAT ..................................... 16

OPTION 2: CONTINUE WITH METRO SWAT WITH NEW AGREEMENT ADDRESSING CITY CONCERNS ................................................................................................ 20

Option 2 (A): 1 personnel per every 6,000 residents .................................................................. 21

Draft Revised ILA: 1 personnel per every 6,000 persons: ..................................................... 28

Partner Jurisdiction review of the Draft Revised ILA: .................................................................. 36

WCIA Metro ILA review of the Draft ILA: ......................................................................... 39

Alternative to liability language. ......................................................................................... 41

Option 2 (B) – Hybrid of Option 1 and Option 2: ..................................................................... 42

OPTION 3: CONTRACT SWAT SERVICES FROM PIERCE COUNTY SHERIFF’S DEPARTMENT (PCSD) ......................................................................................... 47

OPTION 6: DEVELOP A LPD SPECIALIZED TEAM & CONTRACT WITH PCSD FOR SELECT SERVICES ............................................................................................... 48

Option 6 (A) – Develop an LPD Tactical Reponses Team (TRT): ............................................. 49

Option 6 (B): Develop a LPD High Risk Warrant Team (HRWT): ........................................... 57

OPTION 7: DEVELOP LPD SWAT TEAM FOR LAKEWOOD ...................................... 63

Option 7 (A) – Develop a LPD SWAT Team – Tier 1 .............................................................. 64

Option 7 (B) – Develop a LPD SWAT Team – Tier 2 ............................................................... 70

Option 7(C): Develop a joint SWAT Team – Tier 2 with select jurisdictions. ............................. 75

OPTION 9: RE-ORGANIZE METRO SWAT AS A SEPARATE ENTITY (SUCH AS A PUBLIC DEVELOPMENT AUTHORITY) ................................................................. 81

NEXT STEPS: ....................................................................................................... 88

ATTACHMENTS: ................................................................................................. 88

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EXECUTIVE SUMMARY: Law enforcement is inherently dangerous. Law enforcement officers are tasked with making difficult and in some cases very rapid decisions concerning public safety that can have significant consequences for those involved, including the officers, members of the public, and their respective government agencies. This is particularly true for SWAT teams as members are tasked with responding to some of the most dangerous and specialized law enforcement incidents.

Given the inherently dangerous nature of this type of law enforcement, there is no panacea for eliminating all liability risk exposure in the performance of high-risk SWAT duties. However, exposure to risk could, in part, be mitigated by incorporating organizational and operational changes that reduce the frequency of exposure to risk, provide more equitable distribution of risk, and reduce the potential overall severity of financial losses that may be incurred. A review of the City’s provision of SWAT services previously came before the City Council on March 26, 2018 and was followed up by an additional presentation on June 11, 2018. In brief, on March 26, 2018, the City Council was provided an initial analysis of Metro SWAT, the multijurisdictional SWAT team that the City currently participates in for the provision of SWAT services. This analysis found that under the current organization the distribution of risk exposure between participating member jurisdictions on Metro SWAT was not equitably shared, particularly under the 2016 Metro Teams Interlocal Agreement (ILA), which while Lakewood has not adopted this agreement all other Metro Team member jurisdictions have. Per this agreement, jurisdictions are solely responsible for the actions of their employees while acting on behalf of Metro Teams. In contrast, the proceeding Metro Teams ILA (2005) called for the sharing of liability for actions performed on the behalf of Metro Teams equally on an equal shares basis. The City remains the only jurisdiction to continue to operate under the 2005 Metro Teams ILA, and by extension, is the only jurisdiction operating under sharing liability based on an equal shares basis. What this means is that by being the sole remaining jurisdiction, Lakewood is by de facto operating under an agreement comparable to the 2016 Metro Teams ILA in regards to liability responsibility. Importantly, as previously stressed in the prior Metro SWAT presentations, equitability means fair—not equal. The inequitable distribution of risk on Metro SWAT stems from the fact that civil litigation against law enforcement agencies and personnel is predominately centered on the individual actions of officers, not the actions of inanimate objects. Lakewood provides the majority of personnel to Metro SWAT. By doing so, Lakewood assumes an increased level of exposure to liability litigation than other jurisdictions that contribute fewer officers, or no officers, in light of the liability language in the 2016 Metro Teams ILA. Furthermore, Lakewood’s exposure to risk is even further heighted by frequently assuming command positions in Metro SWAT and during SWAT incidents. By assuming additional exposure to risk, the City subsidizes the public safety response of other member jurisdictions. On, June 11, 2018, the City Council was provided a draft revised ILA for Metro SWAT that incorporated the organizational and operational changes in effort to more equitably share risk among Metro SWAT member jurisdictions. At this meeting, the City Council requested further analysis and exploration on the feasibility of several of the other options previously presented, as well as an additional option, re-organize Metro SWAT as a PDA. This memorandum provides an update and recommendations on these select options.

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RECOMMENDATIONS: If the City Council chooses to remain a member of Metro SWAT it is recommended the City pursue Option 2: Continue with Metro SWAT with a New Agreement addressing City Concerns. Specifically, the City should pursue amending or adding language to the ILA that affords more equitable distribution of risk and liability exposure among member jurisdictions. To this effect, an example of this is outlined under Option 2 (A): 1 personnel per every 6,000 persons per jurisdiction. While this option is designed to formulate a SWAT team that is more reflective of its member jurisdictions, the key to this option is the liability language which states that all parties would share liability proportionate to their respective size and use of SWAT services. If other member jurisdictions were amenable to this liability language, then the provision requiring a jurisdiction to provide a certain number of personnel could be eliminated. Notably, the draft ILA for this option also includes a provision to share punitive damage awards also based on population size and Metro Team use, if and only if, an independent counsel makes a determination that an individual(s) or jurisdiction acted, or failed to act, within the scope of their employment and in good faith without actual malice and in the apparent best interests of the public entity for which the Metro Team services were solicited. Attachment A provides an updated copy of the draft ILA for Metro SWAT. -or- If the City were to elect to pursue other options outside of Metro SWAT, it is recommended that the City further explore Option 7 (C): Develop a joint SWAT Team – Tier 2 with select jurisdictions amenable to sharing Metro Teams liability proportioantely. Developing and maintaining a stand-alone LPD SWAT team would be an expensive and resource intensive endeavor for the City, as seen in this memorandum under Option 7(A) and Option 7(B). To reduce the overall start-up costs necessary for a SWAT team and reduce the number of LPD personnel required, the City could form a joint SWAT team with other local jurisdictions amendable to proportionally sharing SWAT liability. Like the option above, this ILA could also have a provision that would allow for the sharing of punitive damage awards based on population size and Metro Team use, if and only if, an independent counsel makes a determination that an individual(s) or jurisdiction acted, or failed to act, within the scope of their employment and in good faith without actual malice and in the apparent best interests of the public entity for which the Metro Team services were solicited. Notably, this option would require increased financial commitments for the City as additional team equipment would be necessary to adequately develop and maintain a joint SWAT team. However, these cost should be shared proportionately amoung all member jursdictions. -or- If the City were to elect to discontinue participation in Metro SWAT or to not develop a joint SWAT Team with select jurisdictions, it is recommended that the City further pursue to Option 6 (A): Develop a LPD Tactical Team (TRT) and contract select SWAT services from the Pierce County Sheriff’s Department (PSCD) for the few (one to three per year) SWAT incidents that the LPD TRT would be unable to respond to due to insuffient personnel and training. This option would require increased financial commitments for the City as additional team equipment would be necessary to adequately develop and maintain a LPD TRT team. This option would also require additional funds to contract with PCSD.

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BACKGROUND: Since 2015, the City has been an integral member of Metro Teams, a collection of multijurisdictional specialized police task forces comprised of public safety personnel from several Pierce County municipalities. On March 26, 2018, the City Council received an initial analysis of the City’s participation in one of the Metro Teams, Metro SWAT. This analysis found that under the current organization the distribution of risk exposure between member jurisdictions in Metro SWAT was not equitably shared. Simply, liability litigation is predominately focused on the individual actions of police officers, not the actions of inanimate objects. Lakewood Police Department (LPD) provides the majority of personnel to Metro SWAT. By doing so, Lakewood assumes an increased level of exposure to liability litigation. Conversely, other member jurisdictions with less personnel, or no personnel, minimize, if not eliminate, their exposure to liability litigation. Lakewood’s exposure to risk is further exacerbated by frequently assuming command positions in Metro SWAT. By assuming this risk, the City ultimately subsidizes the public safety response of other member jurisdictions. This is exposure to risk is further compounded by the liability language found in the Metro SWAT 2016 and 2005 ILAs, both of which categorically deny any required sharing of punitive damages by member jurisdictions. The primary intent of punitive damages is to punish specific conduct and by doing so, deter future occurrences. It is important to recognize that punitive damages are awarded in cases where juries perceive the conduct of an individual(s) or jurisdiction(s) to be egregious. Such a determination does not preclude the conduct in question from being within the scope of an individual’s (or jurisdiction’s) employment. During the March 26, 2018 Study Session, the City Council was presented with eight SWAT options. Each of these options was evaluated by risk exposure and estimated financial commitments for the City for the next five years (2019-2023). These options included the following:

• Option 1: No change, continue with Metro SWAT • Option 2: Continue with Metro SWAT with a New Agreement addressing City Concerns • Option 3: Contract SWAT Services from PCSD • Option 4: No SWAT team • Option 5: No SWAT team, develop a LPD High Risk Warrant Team • Option 6: Develop LPD High Risk Warrant Team and contract with PCSD for SWAT

services as needed • Option 7: Develop a LPD SWAT Team that operates exclusively in Lakewood • Option 8: Develop a LPD SWAT and contract these services to other jurisdictions

In this memorandum, the following SWAT options have been further reviewed, updated, or added:

• Option 1: No change, continue with Metro SWAT

• Option 2: Continue with Metro SWAT with a New Agreement addressing City Concerns: • Option 2 (A): 1 personnel per every 6,000 persons per jurisdiction

• Alternative liability language: PCSD Canine Unit • Option 2 (B): Hybrid of Options 1 and 2

• Option 3: Contract SWAT Services from PCSD

• Option 6: Develop a LPD High Risk Warrant Team and contract with PCSD for select

SWAT services • Option 6 (A): Develop a LPD Tactical Response Team (TRT) • Option 6 (B): Develop a LPD High Risk Warrant Team (HRWT)

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• Option 7: Develop a LPD SWAT Team that operates exclusively in Lakewood

• Option 7 (A): Develop a LPD SWAT team – Tier 1 • Option 7 (B): Develop a LPD SWAT team – Tier 2 • Option 7 (C): Develop a joint SWAT Team – Tier 2 with select jurisdictions

• Option 9: Re-organize Metro SWAT as a separate entity (Public Development Authority)

TRAINING & EQUIPMENT COSTS: Based on feedback from the City Council at the March 26, 2018 study session, training hours for LPD personnel and equipment costs have been integrated and itemized into each respective option’s five-year financial forecast. It is important to note that the reduction of LPD personnel based on any of the options outlined within this memorandum would not equate to a reduction in the total number of LPD personnel. Rather, the training hours currently allocated to Metro SWAT would be reallocated to other services and functions within the Lakewood Police Department, e.g., as additional patrol hours. To this point, throughout this memorandum, options that reduce the total number of LPD serving on a SWAT or special tactics team are described to as having the potential benefit of “Expanded workload of LPD personnel in Lakewood.” Simply, this means less LPD time is spent in the direct or in-direct service of other jurisdictions and more LPD personnel time is spent in the direct service of Lakewood. OTHER METRO TEAMS: It is also important to highlight that the City, in addition to Metro SWAT, partners with other Metro Team member jurisdictions in the provision of the following public safety task forces:

• Crime Response Unit for major incident investigations; • Officer involved shooting responses; • Metro Collision Response Team for major vehicle collisions; and • Civil Disturbance Team.

Participation in all of these multijurisdictional teams increases the City’s exposure to risk to some degree. SWAT TRENDS: From the 1960s to the 1980s, SWAT teams were predominately used for extraordinary, in-progress emergency situations, known as “reactive” situations, e.g., bank robberies, civil unrest, and hostage situations. In recent decades, the number of SWAT teams across the United States (US) has increased exponentially. In addition, SWAT teams are increasingly used to handle more frequent, “pro-active” law enforcement functions, such as warrant service and raids for misdemeanors or non-serious felonies. For example, a recent study, performed by the American Civil Liberties Union (ACLU), found that 79% of all SWAT team deployments in 2011 and 2012 involved the service of search warrants.

LIABILITY TRENDS: Across the US there has been a proliferation of police-involved incidents resulting in liability claims and lawsuits. Indicative of this trend, a study by the Americans for Effective Law Enforcement found that approximately 6,000 civil suits we filed against law enforcement agencies in 1971.1 A later study

1 Americans for Effective Law Enforcement (AELE). (1974). Survey of police misconduct litigation: 1967-1971. San Francisco. Author.

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found that approximately 31,000 civil suits we filed against law enforcement agencies in 2005.2 In total, this constitutes an increase of civil suits by four hundred percent (400%). In addition to the increasing number of civil suits, their award and settlement sums have also significantly increased. Per a 2016 Wall Street Journal article, in 2010, the ten US cities with the largest police departments paid $168.3 million in settlements and court judgments for police-misconduct cases. 3 In 2014, the ten US cities with the largest police departments paid $248.7 million in settlements and court judgments in police-misconduct cases. In total, this constitutes an increase of 48%.

The increase in civil suits during this period of time is generally attributed to the following factors:

• The unprecedented level of publicity (videos, pictures, social media) featuring negative and/or deadly law enforcement encounters;

• The general rise in litigation, i.e., the advent of the “litigious society”; • The judicial trend of allowing for government liability; • The current social climate; and

2 Silver, I. (2005). Police civil liability. New York: Matthew Bender. 3 Elison, Zusha and Dan Frosch. (July, 15 2015). The Wall Street Journal. https://www.wsj.com/articles/cost-of-police-misconduct-cases-soars-in-big-u-s-cities-1437013834

$168.3 million

$248.7 million

$100,000,000

$150,000,000

$200,000,000

$250,000,000

$300,000,000

2014 2016

Graph 2: Award/Settlement Sums for ten US cities with the largest PDs

6,000

31,000

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

1971 2005

Graph 1: Civil Suits filed against law enforcement agencies

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• Targeting of municipalities due to their perceived “deep-pockets”, i.e., the ability of governments to pay out-of-court settlements and/or punitive damage awards.4

The escalation of civil suits and their award/settlement sums is likely to be an enduring if not constant trend moving forward, particularly for specialized police services, such as SWAT. Recent SWAT litigation has commonly centered on the following issues:

• Decision to use SWAT - activating a tactical team can constitute excessive force if it is not reasonable based on the in totality of the circumstances;

• Inadequate training, or failure to train; • Command and control of team; • Team selection; • Policies and Procedures; • Team deployment / use of flash-band; and • Fourth Amendment and excessive force use.

The reflexive response to the City’s situation may appear to be a simple one: Lakewood should not engage in SWAT activities, and by doing so, the City would reduce its exposure to SWAT liability. While this is semantically true, SWAT liability would reduce, the underlying corollary of this option would be that the City would elevate its overall exposure to risk as high-risk incidents currently under the purview of Metro SWAT would be the responsibility of LPD patrol officers who are insufficiently trained and/or equipped to handle these types of specialized situations.5 The US Supreme Court in City of Canton v. Harris (1989) held that municipalities may be liable for inadequate training of employees, but only when “the failure to train amounts to deliberate indifference” to the constitutional rights of the people with whom the employees interact. The City could be found liable when “a failure to train reflects a "deliberate" or "conscious" choice by the City.

METRO SWAT - EXPOSURE TO RISK: Again, it is important to recognize that liability litigation is predominately focused on the individual actions of police officers, not the actions of inanimate objects. Lakewood provides the majority of personnel to Metro SWAT. By doing so, Lakewood assumes an increased level of exposure to liability litigation. Conversely, other member jurisdictions with less personnel, or no personnel, minimize, if not eliminate, their exposure to liability litigation. Lakewood’s exposure to risk is further exacerbated by frequently assuming command positions in Metro SWAT and during Metro SWAT incidents. By assuming this risk, the City ultimately subsidizes the public safety response of other member jurisdictions. Based on the number of LPD personnel on Metro SWAT and their frequent command positions, the City assumes a disproportionate amount of risk while other jurisdictions receive a disproportionate amount of benefits. Additionally, smaller jurisdictions in Metro SWAT, historically, requinlish incident command responsibilties when incidents occur within their jurisdiction. By assuming this risk, the City ultimately subsidizes the public safety response of other Metro Team member jurisdictions. METRO SWAT LIABILITY CLAIMS: In the past five years, Metro SWAT incurred four liability claims and one civil suit. The four claims were for minor property damage of which only one resulted in a settlement of $500. The lawsuit filed against Metro SWAT for wrongful-death and civil-rights violations, including use of excessive force, 4 Kappeler, Victor E. (2006). Critical Issues in Police Civil Liability. Illinois: Waveland Press, Inc. 5 Ross, Darrell. (2000) “Emerging trends in police failure to train liability,” in Policing: An International Journal of Police Strategies & Management, Volume 23, Issue: 2, pp. 169-193, https://doi.org/10.1108/13639510010333796

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was settled in August 2018. For this settlement the Washington Cities Insurance Association (WCIA) paid $11.5 million and the City paid $1 million, in addition to the $500,000 previously paid by the City of Fife. METRO SWAT PROCEDURAL CHANGES: In response to the litigation discussed above, Metro SWAT identified and modified several key operational procedures since 2013. These modifications include the following:

1. Clear identification of the Incident Commander (IC). The primarily responsible agency, the law enforcement agency within whose geographic jurisdiction an incident occurs, is now entirely responsible for determining the IC from its personnel. The IC has overall command of the incident. However, it remains unclear who would become IC in member jurisdictions that do not provide personnel to Metro SWAT.

2. Identification of two team commanders. SWAT missions require many critical decisions. By adding a second commander, Metro SWAT is attempting to increase redundancy and oversight in Metro SWAT operational procedures. However, it is unclear who would be liable for an incident that occurs in which there are two team commanders.

3. Clear identification of the incident during the call-out process.

4. Elimination of the word “jackpot.” While the term was used to denote the recovery of a hostage, to reduce the future possibility of it being misconstrued as taking pleasure in the use lethal force, Metro SWAT has eliminated the word from its operational lexicon.

5. Establishment of protocols to limit after-action communication with outside parties following an incident.

6. Establishment of a protocol for arresting individuals for obstructing police directives during a SWAT-involved incident.

7. Elimination of Delta Order language from Metro SWAT standard operational procedure. The Oversight Committee (OC) eliminated Delta Order to increase clarity in communication. This change is consistent with national police trends.

8. Recusal of SWAT personnel from participating in SWAT review for incidents to which they were ancillary.

9. Discontinuance of personal email or personal cellular devices for transmittal of Metro Team related information.

The Oversight Committee, is currently in the process of reviewing the entire policy manual for Metro SWAT. Attachment D provides a copy of the current Metro SWAT policies. INTERLOCAL AGREEMENTS: Several of the options outlined below refer to Interlocal agreements (ILAs). Chapter 39.34 of the RCW, the Interlocal Cooperation Act, establishes the ability for local governments to enter into agreements with other governmental entities to perform the “efficient use of their powers” in the provision of any services or activity that either jurisdiction is authorized to perform on its own. A

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dispute in the terms of an ILA would be considered a contract dispute. Per the revised ILA, Attachment A, should a member jurisdiction refuse to pay its share as outlined in agreement, then that jurisdiction would then be liable to the other jurisdictions that paid the non-paying jurisdiction’s share in order to satisfy the judgment plus any attorney's fees incurred. METRO TEAMS ILA 2005 AND METRO TEAMS ILA 2016: As described above, legally the City was able to join Metro SWAT through the adoption of an ILA pursuant to RCW 39.34. While the City has acted as a member of Metro SWAT since 2005, it appears that the City Council never formally adopted the Metro Teams ILA. The adoption date found in the City’s contract database is listed as February 18, 2005. However, the City Council meeting minutes from around that time offers no evidence indicating that the City Council took formal action to adopt the Metro Teams ILA. Regardless, the City has operated as if the ILA was in full effect since 2005. In 2016, a revised Metro Teams ILA was introduced and has since been adopted by all other member jurisdictions. The City, however, has not adopted the revised Metro Teams ILA. The March 26, 2018 memorandum presented to the City Council reviewed all of the areas of substantial language modifications between the two ILAs. Of most importance, the liability and indemnification language changed from sharing claims equally on an equal shares basis (2005) to each participating City being responsible for the wrongful or negligent action of its own employees while assigned to a Metro Team (2016). The Metro Team 2005 ILA Liability for indemnification and defense from third party claims read as follows:

“13. LIABILITY FOR INDEMNIFICATION AND DEFENSE FROM THIRD PARTY CLAIMS – CRIME RESPONSE UNIT, METRO PIERCE SWAT TEAM AND REGIONAL METH LAB TEAM. The cities agree that liability for the negligent or tortious actions of the Crime Response Unit, Metro Pierce SWAT Team, Regional Meth Lab Team or any police officer or employee working for or on behalf of the Crime Response Unit, Metro Pierce SWAT Team, and Regional Meth Lab Team be shared equally on an equal shares basis between Participating Cities. It is further the agreement of the cities that no Participating City should be required to pay more than their equal share of the cost of payment of any judgement or settlement for a liability claim which arises out of an is proximately caused by the action of any officer, employee or city which is acting on behalf of or in support of the Crime Response Unit, Metro Pierce SWAT Team, and/or the Regional Meth Lab Team and acting within the scope of any person’s employment or duties to said Crime Response Unit, Metro Pierce SWAT Team, Regional Meth Lab Team. This general agreement on liability sharing is subject to the following terms and conditions set for the below Section 13.2 to 13.8”

The Metro Team 2016 ILA Liability for Specialty Team-participating teams read as follows:

“14. LIABILITY FOR SPECIALTY TEAMS-PARTICIPATING CITIES. Each Participating City shall be responsible for the wrongful or negligent actions of its own employees while assigned to any Specialty Teams as their respective liability shall appear under the laws of the State of Washington and/or Federal Laws. The language under this section is not intended to diminish or expand such liability.”

State law, RCW 10.93.040, states the following:

“Liability for exercise of authority.

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Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by an officer acting within the course and scope of the officer's duties as a peace officer under this chapter is the responsibility of the primary commissioning agency unless the officer acts under the direction and control of another agency or unless the liability is otherwise allocated under a written agreement between the primary commissioning agency and another agency.”

Effectively, what this means is that by being the only remaining jurisdiction operating under the 2005 ILA the City would equally share claims as prescribed in Section 13 with itself as no other member jurisdictions are operating under this agreement. Thus, in practice, sharing of liability becomes equivalent to Section 14 of the 2016 ILA as the City would be solely responsible for the wrongful or negligent actions of its own employees while assigned to any Metro Team. Both ILAs include language that punitive damages are the sole responsibility of the individual against whom said judgement is rendered and/or his or her municipal employer, should that employer elect to indemnify.

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Updated Forecast – SWAT Options

TABLE A Summary of Updated Forecasts for SWAT Options 2019-2023

Year Option 1: No

Change

Option 2 (A):

1 per 6,000

Option 2 (B):

Hybrid

Option 6 (A):

(TRT)

Option 6 (B):

(HRWT)

Option 7 (A): LPD

SWAT Tier 1

Option 7 (B): LPD

SWAT Tier 2

Option 7 (C):

Joint SWAT Tier 2

(LPD/JXPD)

Option 9:

PDA

2019 (start-up cost)

-- -- -- $404,800 $404,800 $590,150 $472,200 $165,326 --

2019 $241,851 $223,541 $241,851 $331,241 $349,179 $502,214 $383,209 $245,195 * 2020 $247,903 $229,043 $247,903 $339,819 $358,295 $517,280 $394,705 $252,551 * 2021 $255,340 $235,915 $255,340 $349,832 $368,874 $532,799 $406,546 $260,128 * 2022 $263,001 $242,992 $263,001 $360,117 $379,750 $548,783 $418,743 $267,931 * 2023 $270,890 $250,282 $270,890 $370,683 $390,935 $565,246 $431,305 $275,969 *

TOTAL $1,278,986 $1,181,774 $1,278,986 $2,156,493 $2,251,834 $3,256,471 $2,506,707 $1,467,100 * * Estimates are likely similar to Option 1 and Option 2, but would be based on organization and team composition. Notably, the PDA would directly pay for training and call-out time. The City and other member jurisdictions would pay to maintain the PDA.

TABLE B

Summary of Updated Forecasts for SWAT Options 2019-2023 *without Lenco BearCat Year Option 1:

No Change

Option 2 (A):

1 per 6,000

Option 2 (B):

Hybrid

Option 6 (A):

(TRT)

Option 6 (B):

(HRWT)

Option 7 (A): LPD

SWAT Tier 1

Option 7 (B): LPD

SWAT Tier 2

Option 7 (C):

Joint SWAT Tier 2

(LPD/JXPD)

Option 9:

PDA

2019 (start-up cost)

-- -- -- $154,800 $154,800 $340,150 $222,200 $42,826

--

2019 $241,851 $223,541 $241,851 $331,241 $349,179 $502,214 $383,209 $245,195 * 2020 $247,903 $229,043 $247,903 $339,819 $358,295 $517,280 $394,705 $252,551 * 2021 $255,340 $235,915 $255,340 $349,832 $368,874 $532,799 $406,546 $260,128 * 2022 $263,001 $242,992 $263,001 $360,117 $379,750 $548,783 $418,743 $267,931 * 2023 $270,890 $250,282 $270,890 $370,683 $390,935 $565,246 $431,305 $275,969 *

TOTAL $1,278,986 $1,181,774 $1,278,986 $1,906,492 $2,001,833 $2,888,521 $2,189,308 $1,344,600 * * Estimates are likely similar to Option 1 and Option 2, but would be based on organization and team composition. Notably, the PDA would directly pay for training and call-out time. The City and other member jurisdictions would pay to maintain the PDA.

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TABLE C Costs/Capabilities

Start-Up Cost

Annual Equipment Cost

Total LPD Personnel

Training Cost

PCSD Contract Cost

2019 Total Cost^

Incident Response Capabilities

Option 1: No Change

None $0

Medium-High $40,200

Medium-Low 11

Medium-Low $170,959

None $0

Low $241,851

All Incidents

Option 2 (A): 1 per 6,000

None $0

Medium-High $40,180

Medium-Low 10

Medium-Low $155,417

None $0

Low $223,541

All Incidents

Option 2 (B): Hybrid 1/2

None $0

Medium-High $40,200

Medium-Low 11

Medium-Low $170,959

None $0

Low $241,851

All Incidents

Option 6 (A): LPD TRT

High $406,800

Medium-High $40,130

High 15

High $233,125

High $36,099

High $736,041

$486,041**

Most No planned or emergency

hostage incidents

Option 6 (B): LPD HRWT

High $406,800

Medium-High $40,130

High 15

High $223,125

Very High $59,509

High $753,980

$503,979** Only High Risk Warrant

Option 7 (A): LPD SWAT - Tier 1

Very High $597,620

Very High $60,195

Very High 26

Very High $404,084

None $0

Very High $1,092,364 $724,141**

All Incidents

Option 7 (B): LPD SWAT- Tier 2

Very High $476,200

Very High $60,195

High 19

High $295,292

None $0

Very High $855,409

$605,409**

Most No planned hostage

incidents

Option 7 (C): Joint SWAT - Tier 2

Medium-Low $165,326

High $50,163

Medium-Low 11

Medium $170,959

None $0

Medium $410,521*** $288,021**

Most No planned hostage

incidents

Option 9: PDA* None

$0 Medium-High

$40,200 Medium-Low

11 Medium-Low

$170,959 None

$0 Low

$241,851 All Incidents

^ Includes training costs, equipment costs, contract costs, and start-up costs *PDA costs are TBD as allocations of personnel will likely be based on the PDA’s charter/by-laws. **Without Lenco “Bearcat” ***Subject to change based on number of other jurisdictions

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TABLE D Risk Exposure

Frequency to exposure:

Numb. Of call-outs

Frequency to exposure:

LPD at call-outs annually

Frequency to exposure: Command

Responsibility

Severity of Losses: Wrongful/Negligent

Actions

Severity of Losses: Punitive Damages

Overall Risk Rating

Option 1: No Change Very High

23 Very High

253 LPD personnel

Very High Always had command

responsibility

Very High Liability not shared

Very High Liability not shared

Very High

Option 2 (A): 1 per 6,000

Very High 23

High 230 LPD personnel

Medium Rotating Command

positions

Medium-High Liability shared

Medium-High Liability shared

Medium-High

Option 2 (B): Hybrid 1/2

Very High 23

Very High 253 LPD personnel

Medium Rotating Command

positions

High Liability shared

Very High Liability not shared

High

Option 6 (A): LPD TRT

Medium 11

Medium 165 LPD personnel

Very High Command

Responsibility

Medium Liability Lakewood’s

responsibility but fewer call outs and personnel

Medium Liability Lakewood’s

responsibility but fewer call outs and personnel

Medium-High

Option 6 (B): LPD HRWT

Medium-Low 9

Medium-Low 135 LPD personnel

Very High Command

Responsibility

Medium Liability Lakewood’s

responsibility but fewer call outs and personnel

Medium Liability Lakewood’s

responsibility but fewer call outs and personnel

Medium-High

Option 7 (A): LPD SWAT -- Tier 1

Medium 12

Very High 312 LPD personnel

Very High Command

Responsibility

Medium-High Liability Lakewood’s

responsibility but more callouts and personnel

Medium-High Liability Lakewood’s

responsibility but more callouts and personnel

Medium-High

Option 7 (B): LPD SWAT-- Tier 2

Medium 12

High 228 LPD personnel

Very High Command

Responsibility

Medium-High Liability Lakewood’s

responsibility but more callouts and personnel

Medium-High Liability Lakewood’s

responsibility but more callouts and personnel

Medium-High

Option 7 (C): Joint SWAT -- Tier 2

Medium-High 20

Medium 198 LPD personnel

Very High Command

Responsibility

Medium-High Liability shared

Medium-High Liability shared

Medium-High

Option 9: PDA* Very High

23 Very High

253 LPD personnel

Very High/High Command

Responsibility

Very High/High (?)

Very High/High (?)

Very High /High (?)

*Liability sharing for a PDA is TBD based on the PDA’s charter/by-laws.

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TABLE E

Average Cost per SWAT incident

Average Cost per

Incident (2019-2023) Number of Incidents

(2019-2023)

Option 1: No Change $11,122 115

Option 2 (A): 1 per 6,000

$10,276 115

Option 2 (B): Hybrid 1/2

$11,122 115

Option 6 (A): LPD TRT

$35,942 $31,775

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Option 6 (B): LPD HRWT

$37,531 $33,364

60

Option 7 (A): LPD SWAT -- Tier 1

$54,275 $48,142

60

Option 7 (B): LPD SWAT-- Tier 2

$41,778 $36,488

60

Option 7 (C): Joint SWAT -- Tier 2

$14,671 $13,466

100

Option 9: PDA* $11,122 115

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Option 1: No change, continue with Metro SWAT

OPTION 1: NO CHANGE, CONTINUE WITH METRO SWAT Overview: The City could continue with no changes to the current organization of Metro SWAT. If elected to do so, the City could remain operating under the 2005 ILA, however as described above the equal sharing of claims as prescribed in Section 13 of the 2005 ILA has, in practice, effectively become equivalent to Section 14 of the 2016 ILA as Lakewood would be solely responsible for claims filed against its employees acting on behalf of a Metro Team.

TABLE G Quick Reference & Comparison

Option 1: No Change Total Cost for SWAT services 2019-2023 $1,278,985

Total Cost for 2019 $241,541

Disruption of current SWAT services No

Equipment sharing Shared

Start-up cost $0

Number of LPD personnel on SWAT 11

Command responsibility on SWAT Commonly Lakewood

Candidate pool for SWAT Multiple jurisdictions

Incidents responded to by LPD per year 23

Incidents responded to by PCSD per year 0

PCSD cost per year $0

Cost per incident (2019-2023) $11,122

LPD personnel involved in SWAT incidents 253

LPD training hours for SWAT 2552

LPD training cost for SWAT $170,959

Expanded workload of LPD personnel in Lakewood No Change

Risk Exposure for LPD operating in SWAT outside of Lakewood Very High

Overall exposure to risk from SWAT for Lakewood Very High

Punitive Damage Liability exposure Not equitably shared

Punitive award coverage determination Each City Council

More equitable allocation of liability /risk exposure No

Budgetary transparency No

Control of policy and training OC

Control of community relations Shared

Ability to monitor Limited

Ability to perform audit Limited

Type of incident response Any

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Option 1: No change, continue with Metro SWAT

TABLE H Total Costs (2019) and Team Capabilities: Option 1

Start-Up Cost

Annual Equipment

Cost

Total Personnel

Total Training Cost

PCSD Contract

Cost

2019 Total Cost

Incident Response

Capabilities

Option 1: No Change

None $0

Medium-High

$40,130

Medium-Low 11 personnel

Medium-Low $170,958

None $0

Low $241,851 All Incidents

TABLE I

Risk Exposure: Option 1

Frequency to exposure: Numb. Of call-outs

Frequency to

exposure: LPD at

call-outs annually

Frequency to exposure: Command

Responsibility

Severity of Losses: Wrongful/Negligent

Actions Severity

of Losses: Punitive Damages

Overall Risk Rating

Option 1: No Change

Very High 23

Very High 253 LPD personnel

Very High Always had command

responsibility

Very High Liability not shared

Very High Liability

not shared Very High

Risk Assessment: The overall risk rating for this option is “very high,” see Table I. The exposure to risk that the City assumes by operating as part of Metro SWAT is higher than most other options outlined in this memorandum. Under this option, the City would continue to:

1) Respond to a high number of SWAT callouts (23); 2) Provide a high number of personnel (11) to the SWAT team; 3) Perform a high number of SWAT functions outside of Lakewood; 4) Continue to assume a high level of command responsibility; 5) Be solely responsible for claims based on the wrongful and negligent actions of LPD personnel

serving on behalf of Metro SWAT; and 6) Be solely responsible for any punitive damages assessed to LPD personnel serving on behalf

of the Metro SWAT team regardless of if the employees are found to have been operating within the scope of their employment.

This option requires no changes to the organization of Metro SWAT. As a result, the City does not reduce its risk profile if it elects to continue with Metro SWAT as currently organized. While Metro SWAT provides one of the most cost effective SWAT options in terms of upfront, annual investment for the City, by participating in Metro SWAT with no additional organizational changes, the City will continue to assume an inequitable exposure to risk of incurring SWAT-involved claims or litigation. Metro SWAT did make several operational changes in recent years as previously outlined and as formerly described in the March 26, 2018 memorandum presented to the City Council. Per the 2016 Metro Team ILA, jurisdictions would be responsible for claims filed against its employees acting on behalf of Metro SWAT. Any punitive damages awarded by the court due to Metro SWAT-involved claims or litigation would be the sole responsibility of the individual and/or their municipal employer, if they elected to cover said award. Importantly, as stressed earlier, an officer can be operating within the duties and responsibilities of their position and still be subject to punitive damages by a jury.

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Option 1: No change, continue with Metro SWAT

Accountability: There is no standard, or minimum, financial investments required for jurisdictions to retain their membership in Metro SWAT. Additionally, there is no readily transparent way to monitor the allocation of resources per member jurisdiction. Instead, each member jurisdiction determines its own level of investments, be it personnel or equipment, or some combination of both. Thus, it is hard to determine total investments into Metro SWAT, as well as the equitability of investments across member jurisdictions. Historically, investment equitability among members has not been a major point of contention. Feasibility: High. Metro SWAT is currently operating under this option. Changing the organization of Metro SWAT does not appear to be as high of a priority for other member jurisdictions as it is for the City. Updated Forecast: Table J provides an updated forecast for Option 1: No Change for 2019 to 2023. Table K provides an itemized updated forecast that details start-up costs, personnel overtime, annual equipment costs, and personnel training costs. This update assumes the following:

• Metro SWAT continues to train a total of 232 hours per person per a year (2552 hours total for Lakewood);

• 11 LPD continue to serve on Metro SWAT; • There are 23 Metro SWAT call-outs per year; • The average call-out lasts one hour and thirteen minutes; • LPD personnel are paid $66.99 an hour for regular time and $100.49 an hour for overtime;

and • Costs of personnel and equipment inflate 3% annually.

TABLE J

Updated Forecast Option 1: No Change

Total Cost 2019 to 2023

Year Cost

2019 $241,851 2020 $247,903 2021 $255,340 2022 $263,001 2023 $270,890

TOTAL $1,278,986

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Option 1: No change, continue with Metro SWAT

TABLE K Updated Forecast - Itemized

Option 1: Continue with Metro SWAT, 2019-2023 Year One Time

Team Start-Up Cost

LPD Overtime Equipment LPD Training Costs

Total Annual Cost

2019 - $30,763 $40,130 $170,958 $241,851 2020 - $31,686 $40,130 $176,087 $247,903 2021 - $32,636 $41,334 $181,370 $255,340 2022 - $33,616 $42,574 $186,811 $263,001 2023 - $34,624 $43,851 $192,415 $270,890

TOTAL $1,278,986 One Time Team Start-Up Costs: This option requires no additional start-up costs. Potential Advantages and Disadvantages: Table L provides a brief list of the potential advantages and disadvantages to Option 1: No Change.

TABLE L Potential Advantages and Disadvantages

Option 1: No Change Potential Advantages

No start-up costs Equipment sharing Larger pool of candidates for team selection LPD remains a full service police department Capable of responding to all SWAT incidents No disruption in current service levels Same number of LPD personnel trained for SWAT Does not create another government entity Maintains relationships with partnering jurisdictions

Potential Disadvantages Limited budgetary accountability, potential “free-rider” issue LPD personnel operating in multiple jurisdictions City responsible for claims filed against its employees working on behalf of Metro SWAT No punitive damage sharing provisions Does not reduce liability exposure for City Does not reduce command responsibility for City LPD personnel respond to a high number of call-outs LPD personnel respond to a high number of call-outs outside of Lakewood A high number of LPD personnel are SWAT trained Limited control of command and operations Limited control of personnel Limited control of public relations Limited control of standard and policies Limited control of SWAT team mobilization Limited control of training Does not increase workload of LPD personnel in Lakewood

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Option 2: Continue with Metro SWAT with New Agreement addressing City concerns

OPTION 2: CONTINUE WITH METRO SWAT WITH NEW AGREEMENT ADDRESSING CITY CONCERNS

If the City chooses to remain a member of Metro SWAT, it could pursue a new ILA that addresses City concerns in effort to reduce its exposure to risk. Specifically, the City could try to amend the current Metro SWAT ILA to afford a more equitable distribution of risk and liability exposure among member jurisdictions. To this point, the following sections under Option 2 provide several examples of potential ILA amendments that could more equitably distribute risk and liability exposure among member jurisdictions.

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Option 2 (A): 1 personnel per every 6,000 persons

Option 2 (A): 1 personnel per every 6,000 residents Overview: From a risk management perspective, involvement in Metro SWAT, as currently organized, has increased the City’s exposure to risk. The City could mitigate its exposure to risk by revising the Metro Teams Interlocal Agreement (ILA).

TABLE N

Quick Reference & Comparison

Option 1: No Change

Option 2: 1 per 6,000

Total Cost for SWAT services 2019-2023 $1,278,986 $1,181,774

Total Cost for 2019 $241,851 $223,541

Disruption of current SWAT services No Minor, if any

Equipment sharing Shared Shared

Start-up cost $0 $0

Number of LPD personnel on SWAT 11 10

Command responsibility on SWAT Very High Shared

Candidate pool for SWAT Multiple jurisdictions Multiple jurisdictions

Incidents responded to by LPD per year 23 23

Incidents responded to by PCSD per year 0 0

PCSD cost per year $0 $0

Cost per incident (2019-2023) $11,122 $10,276

LPD personnel involved in SWAT incidents 253 230

LPD training hours for SWAT 2552 2320

LPD training cost for SWAT $170,958 $155,417

Expanded workload of LPD personnel in Lakewood No Change Increase

Risk Exposure for LPD operating in SWAT outside of Lakewood

Very High High

Overall exposure to risk from SWAT for Lakewood Very High High

Punitive Damage Liability exposure Not equitably shared More equitably shared

Punitive award coverage determination Each City Council Independent Counsel More equitable allocation of liability /risk exposure No Yes

Budgetary transparency No Yes

Control of policy and training OC OC

Control of community relations Shared Shared

Ability to monitor Limited Yes

Ability to perform audit Limited Yes

Type of incident response Any Any

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Option 2 (A): 1 personnel per every 6,000 persons

TABLE O Total Cost (2019)

Option 2 (A): 1 per 6,000 Start-Up

Cost Annual

Equipment Cost

Total Personnel

Total Training

Cost

PCSD Contract

Cost

2019 Total Cost

Incident Response

Capabilities

Option 1: No Change

None $0

Medium-High

$40,200

Medium-Low 11 personnel

Medium-Low $170,959

None $0

Low $241,851

All Incidents

Option 2 (A): 1 per 6,000

None $0

Medium-High

$40,103

Medium-Low 10 personnel

Medium-Low $155,417

None $0

Low $223,541

All Incidents

TABLE P Risk Exposure: Options 2 (A), 1 per 6,000

Frequency to

exposure: Numb. Of call-outs

Frequency to exposure:

LPD at call-outs

annually

Frequency to exposure: Command

Responsibility

Severity of Losses: Wrongful/Negligent

Actions

Severity of Losses: Punitive Damages

Overall Risk

Rating

Option 1: No Change

Very High 23

Very High 253 LPD personnel

Very High Always had command

responsibility

Very High Liability not shared

Very High Liability not

shared

Very High

Option 2 (A): 1 per 6,000

Very High 23

High 230 LPD personnel

Medium Rotating

Command positions

Medium-High Liability shared

Medium-High Medium-High

This option was previously presented as the following two options:

• Option 2 (A): 1 personnel per every 6,000 persons per jurisdiction • Option 2 (B): 1 personnel per every 7,000 persons per jurisdiction

Based on historic personnel contributions, 1 personnel per every 7,000 persons per jurisdiction does not appear to be feasible. While 1 personnel per every 6,000 persons per jurisdiction does appear to be feasible, this option would require some member jurisdictions to increase their number of personnel serving on Metro SWAT. For example, Bonney Lake would need to increase their personnel from three officers to four officers. Bonney Lake indicated that this would result in their termination in Metro SWAT. To offset this requirement, if member jurisdictions were amenable to proportionately sharing liability as prescribed in Section 15, Liability for Indemnification and Defense from Third Party Claims, of the draft revised ILA, Attachment A, then the provision that member jurisdictions provide one personnel per every 6,000 residents could be eliminated. This could be eliminated as Section 15 would effectively ensure the equitable sharing of risk exposure and liability. This change may make this option more viable to member jurisdictions concerned with any increases in personnel on the Metro SWAT team.

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Option 2 (A): 1 personnel per every 6,000 persons

Per NTOA standards a Tier 1 SWAT Team should have a minimum of 26 personnel, see Figure 1. This team per NTOA standards would include 1 Team Commander, 3 Team Leaders, 4 Snipers, and 18 Operators. Per NTOA this team would be capable of handling all SWAT missions, including:

• Barricaded subject operations; • Sniper operations; • High risk warrant services; • High risk apprehension services; • High risk security operations; • Terrorism response operations; • Emergency Hostage rescue; and • Planned Hostage rescue.

Metro Team member jurisdictions that have historically provided personnel to Metro SWAT include: Lakewood, Puyallup, Bonney Lake, Fife, Sumner, and Steilacoom. In effort to more equitably distribute personnel among member jurisdictions, the revised ILA establishes a personnel provision requirement based on the population of active member jurisdictions. Per the Office of Financial Management (OFM) the total 2018 population estimates for the jurisdictions listed above is 157,303. Assuming Metro SWAT has the minimum number of officers per NTOA standards (26), this would equate to approximately 6,050 persons per Metro SWAT Team member. Table Q lists the Metro SWAT personnel requirements for these member jurisdictions based on one personnel per every 6,000 persons per jurisdiction, rounded up to the nearest whole personnel.

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Option 2 (A): 1 personnel per every 6,000 persons

TABLE Q

City Population Personnel per 6,000*

Lakewood 59,350 10 Puyallup 41,100 7

Bonney Lake 20,940 4 Fife 10,100 2

Sumner 10,030 2 Steilacoom 6,425 1**

Total 157,303 27 * Rounded up to the next whole number ** Barely over 6,000 threshold

Personnel proportionate to population provides a fairly similar result:

TABLE R

City Pop. % Pop. Personnel based on

proportion* Lakewood 59,350 37.8% 10

Puyallup 41,100 26.2% 7 Bonney Lake 20,940 13.4% 4

Fife 10,100 6.5% 2 Sumner 10,030 6.4% 2

Steilacoom 6,425 4% 1** Total 157,303 94.4% 26

*Rounded to the nearest whole number ** Barely over 1

TABLE R

City Current person.

Personnel per 6000

Difference in personnel

contributions Lakewood 11 10 -1

Puyallup 5 7 2 Bonney Lake 3 4 1

Fife 3 2 -1 Sumner 2 2 0

Steilacoom 1 1 0 Total 25 26 1

As written, this option would cause the cities of Puyallup and Bonney Lake to increase their personnel contributions by two and one personnel, respectively. The persons per jurisdiction could be adjusted every couple of years to reflect population trends. Section 6(B)(1) of the revised ILA could be restructured to this effect. As stated previously, if member jurisdictions were amenable to Section 15, Liability for Indemnification and Defense from Third Party Claims, as prescribed in the draft revised ILA,

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Option 2 (A): 1 personnel per every 6,000 persons

Attachment A, then the provision that member jurisdictions provide one personnel per every 6,000 residents could potentially be eliminated as Section 15 would ensure the more equitable sharing of risk exposure and liability. Risk Assessment: The overall risk rating for this option is “medium high,” see Table P. The exposure to risk the City would assume under this option would be lower than what it currently assumes as part of Metro SWAT. This option, as written, would allow Lakewood to reduce its exposure to risk by:

1) Reducing the City’s level of personnel (10) on Metro SWAT; 2) Increasing the distribution of command responsibility among member jurisdictions; 3) Allowing for the proportionate sharing of claims; and 4) Allowing for the proportionate sharing of punitive damages assessed to Metro SWAT

personnel if they are found by an independent counsel to have been operating within the scope of their employment.

As currently written, under this option Lakewood would reduce the number of LPD serving on Metro SWAT from 11 officers to 10 officers, this would constitute a 9% decrease. Metro SWAT would continue to respond to approximately 23 call-outs per a year. Command positions would rotate between the jurisdictions more equitably. Smaller jurisdictions would serve as incident commanders when an incident occurs within their jurisdiction. Liability would be shared proportionately among member jurisdictions based on their respective size and use of SWAT services. Metro Team jurisdictions would agree to proportionately pay for punitive damages if, and only if, an Independent Counsel, an independent special prosecutor with an appropriate level of experience in public safety related issues, jointly appointed by the governing bodies of the four most populous Metro Team jurisdictions plus any member jurisdiction with personnel named as a party in a case that is not one of the four most populous Signatory Agencies, makes a determination upon review that the Metro Team officer(s) acted, or failed to act, in the performance of the duties of their position and acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the public entity for which the Metro Team services were solicited. If any Metro Team personnel is found to not satisfy the above criteria, then any obligation for member jurisdictions to share this award would be terminated and payment of this award would be the sole responsibility of the person(s) or the jurisdiction that employs the person(s) against whom the award is rendered. Accountability: This option would establish a Host Agency. The Host Agency would oversee a single Metro SWAT Team operational budget. Jurisdictions would be able to request an audit of any Metro Team at any time. Every member jurisdiction would receive an annual report on Metro Team activities. Organization: Under this model, Metro SWAT would consist of a minimum of twenty-four (24) trained officers and two (2) Team Commanders, for a total of twenty-six (26) personnel. Each jurisdiction would be required to provide one public safety officer to Metro SWAT per every 6,000 persons per their respective jurisdiction, rounded up to the nearest whole officer. Metro Team jurisdictions unable to provide personnel to Metro SWAT, due either to the size of the jurisdiction police department’s commissioned strength or their inability to staff positions, will be provided Metro SWAT services on a reimbursable basis, similar to non-personnel providing jurisdictions. However, these jurisdictions would also be required to pay an additional annual training payment offset fee. Again, if member jurisdictions were amenable to Section 15, Liability for Indemnification and Defense from Third Party Claims, as prescribed in the draft revised ILA, Attachment A, then the provision

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Option 2 (A): 1 personnel per every 6,000 persons

that member jurisdictions provide one personnel per every 6,000 residents could potentially be eliminated as Section 15 would ensure the more equitable sharing of risk exposure and liability. Feasibility: Medium-Low. This option would require some jurisdictions to increase their number of personnel serving on Metro SWAT. Bonney Lake indicated that this would result in their termination in Metro SWAT. Other jurisdictions may follow suit. Again, if member jurisdictions were amenable to Section 15, Liability for Indemnification and Defense from Third Party Claims, as prescribed in the draft revised ILA, Attachment A, then the provision that member jurisdictions provide one personnel per every 6,000 residents could potentially be eliminated as Section 15 would ensure the more equitable sharing of risk exposure and liability. Fife indicated that they could not support Section 15, Liability for Indemnification and Defense from Third Party Claims, as currently written in the draft revised ILA due to the provision that would give legislative control to an Independent Counsel in the review and determination of cases that may result in an award of punitive damages. Updated Forecast: Table S provides an updated forecast for Option 2 (A): 1 per 6,000 for 2019 to 2023. Table T provides an itemized breakdown of this forecast that details start-up costs, personnel overtime, annual equipment costs, and personnel training costs. These forecasts assume the following:

• Lakewood, Bonney Lake, Puyallup, Sumner, Steilacoom, and Fife provide 1 personnel every 6,000 residents;

• Metro SWAT continues to train a total of 232 hours per person per a year; • 10 LPD to serve on Metro SWAT; • There are 23 Metro SWAT call-outs per year; • The average call-out lasts one hour and thirteen minutes; • LPD personnel are paid $66.99 an hour for regular time and $100.49 an hour for overtime;

and • Costs of personnel and equipment inflate 3% annually.

TABLE S Updated Forecast

Option 2 (A):1 to 6,000 2019-2023

Year Total Annual Cost

2019 $223,541 2020 $229,043 2021 $235,915 2022 $242,992 2023 $250,282 TOTAL $1,181,774

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Option 2 (A): 1 personnel per every 6,000 persons

TABLE T Updated Forecast - Itemized

Option 2 (A): 1 personnel per 6,000 residents 2019-2023

Year One Time Team

Start-Up Costs

10 LPD Personnel Overtime

LPD Equipment 10 LPD Personnel Training Cost

Total Annual Cost

2019 - $27,994 $40,130 $155,417 $223,541 2020 - $28,834 $40,130 $160,079 $229,043 2021 - $29,699 $41,334 $164,882 $235,915 2022 - $30,590 $42,574 $169,828 $242,992 2023 - $31,508 $43,851 $174,923 $250,282

TOTAL $1,181,774 One Time Start-Up costs: This option requires no additional start-up costs. Potential Advantages and Disadvantages: Table U provides a brief list of the potential advantages and disadvantages to Option 2 (A): 1 per 6,000 residents.

TABLE U Option 2 (A): 1 per 6,000 Potential Advantages and Disadvantages

Potential Advantages Equipment sharing Requires no start-up costs Larger pool of candidates for team selection LPD remains a full service police department Capable of responding to all incidents Expands workload of LPD in Lakewood No / limited disruption in current service levels Does not create another governmental entity Better budgetary accountability More equitable liability sharing Reduces liability exposure for City Reduces command responsibility

Potential Disadvantages Reduces the number of LPD personnel trained LPD operates in other jurisdictions Limited control of command and operations Limited control of personnel Limited control of public relations Limited control of standard and policies Limited control of SWAT team mobilization LPD personnel respond to a high number of total call-outs LPD personnel respond to a high number of call-outs outside of Lakewood

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Option 2 (A): 1 personnel per every 6,000 persons

Draft Revised ILA: 1 personnel per every 6,000 persons: At the June 11, 2018 City Council Study Session, a draft revised Interlocal Agreement (ILA) to this effect was presented to the City Council. This draft revised ILA was structured to do the following:

1. Increase distribution of command positions and Metro Team personnel among member jurisdictions;

2. Establish a weighted liability sharing system in which all member jurisdictions would share liability based on each jurisdiction’s respective size and utilization of Metro Team services; and

3. Improve the fiscal and organizational transparency of Metro Teams, including Metro SWAT. The following overviews the changes found in the Draft Revised ILA, Attachment A: Governance: Similar to the existing Metro Team ILA (2016), the draft revised ILA allows all jurisdictions to provide a representative to the Oversight Committee (OC). The OC is the executive board composed of the chief law enforcement officer from each of the member jurisdictions. The OC is tasked with managing the affairs of all Metro Teams. Per the draft revised ILA, all decisions by the OC, except those related to Metro SWAT Team policies and procedures, require a simple majority. Metro SWAT Team decisions require a unanimous vote by the OC. This section requires that all existing and future Metro Team policies and procedures be signed by each Oversight Committee member. Signed copies of any additions or modifications to the existing policies and procedures must be sent to each member jurisdiction following its adoption. Metro SWAT: A section was added to the draft revised ILA that specifically pertains to the Metro SWAT Team (see Section 6). This section provides more concrete parameters regarding Metro SWAT policies and procedures, team structure, command structure, and would establish a two tier cost sharing system for Metro SWAT members based on personnel providing jurisdictions and non-personnel providing jurisdictions.

Metro SWAT Policies and Procedures: Per the draft revised ILA, Metro SWAT policies and procedures would prevail over all jurisdictional policies and procedures. Again, all policies and procedures for Metro SWAT would have to be unanimously agreed upon and signed by the OC prior to being operative.

Metro SWAT Personnel: Pursuant to this agreement, Metro SWAT would consist of a minimum of twenty-four (24) trained officers and two (2) Command Level Officer (SWAT Team Commander). Each jurisdiction would be required to provide one (1) public safety officer to Metro SWAT per every 7,500 persons or 6,000 persons depending on number of jurisdictions that participate in Metro SWAT per their respective jurisdiction, rounded up to the nearest whole officer. For example, Lakewood, with an estimated population of 59,280 per the Washington State Office of Financial Management (OFM), would need to provide eight (8) public safety officers to Metro SWAT (59,280 / 7,500 = 7.904, rounded up the next whole number = 8 officers). Based on a threshold of one officer per every 7,500 persons per a jurisdiction, this would constitute a twenty-eight (28) percent decrease from the City’s current Metro SWAT personnel provision of eleven (11) public safety officers to eight (8) officers. Based on a threshold of one officer per every 6,000 persons per a jurisdiction, this would constitute a nine (9) percent decrease from the City’s current Metro SWAT provision of eleven (11) public safety officers to ten (10) public safety officers. Metro Team jurisdictions unable to provide personnel to Metro SWAT, due either to the size of the jurisdiction police department’s commissioned strength or their inability to staff positions, will be provided Metro SWAT services on a reimbursable, compensation basis, similar to non-personnel providing

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Option 2 (A): 1 personnel per every 6,000 persons

jurisdictions. However, these jurisdictions would also be required to pay an additional annual training payment offset fee, described in detail below. Metro SWAT Command: Per this agreement, Metro SWAT would have two Team Commanders from two different member jurisdictions. Each respective Team Commander would serve a three-year term. These terms would be staggered to allow for greater consistency in Team Command. Importantly, the position of Team Commander cannot be filled by the same jurisdiction for consecutive terms. Incident Command is the responsibility of the police department of the jurisdiction in which the incident first occurs.

Metro SWAT Cost Sharing: The draft revised ILA creates a two-tier cost sharing system based on whether a jurisdiction provides personnel to Metro SWAT. Tier 1 - Metro SWAT personnel providing jurisdictions: The first tier consists of Metro SWAT personnel providing jurisdictions. Importantly, personnel must be provided to the level described above, i.e., either one officer per every 7,500 or one officer per every 6,000 persons per a jurisdiction. These jurisdictions would pay an annual payment to cover the operating Metro SWAT Team budget based on the following: 1) The jurisdiction’s population to the total population of all Metro Team jurisdictions,

weighted as fifty percent; and

2) The number of Metro SWAT call outs per jurisdiction to the total number of call outs for Metro SWAT over the most current two-year period, weighted as fifty percent.

Annual operating cost per jurisdiction:

= ��𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽

𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 𝐽𝐽𝑜𝑜 𝑡𝑡𝑡𝑡𝑡𝑡 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝐽𝐽𝐽𝐽 � ∗ .5 � + ��

𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 � ∗ .5�

Example: Lakewood

=�� 59,350186,110

� ∗ .5 � + ��2045� ∗ .5�

=[(. 3189) ∗ .5 ] + [(.4444) ∗ .5] =[. 159 ] + [. 222]

=. 381%

Estimated annual operating cost of Metro SWAT = $125,000 Lakewood Cost = $125,000 ∗ .381 Lakewood Cost = $47,625

Metro SWAT call outs not assigned to a specific jurisdiction are shared equally among jurisdictions in this model. Importantly, outside of the operating budget, personnel providing jurisdictions are responsible for the training time and overtime incurred during call outs for their respective personnel on Metro SWAT with the exception of when a call out occurs in a non-personnel providing Metro SWAT jurisdiction. For callouts in non-personnel providing jurisdictions, overtime would be charged to that jurisdiction as part of the incident fee.

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Option 2 (A): 1 personnel per every 6,000 persons

Tier 2 - Metro SWAT non-personnel providing jurisdictions: The second tier consists of Metro SWAT non-personnel providing jurisdictions. These jurisdictions would be subject to the same weighted annual operating payment detailed above. Additionally, these jurisdictions would be charged for Metro SWAT services per call out within their jurisdiction based on the overtime of the personnel and resources utilized. Hourly personnel charges will be returned to each Metro SWAT personnel contributing jurisdiction based on the overtime pay rate of the personnel on Metro SWAT and the total number of hours expended by the personnel per incident. Annual Operating Cost per jurisdiction:

= ��𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽

𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 𝐽𝐽𝑜𝑜 𝑡𝑡𝑡𝑡𝑡𝑡 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝐽𝐽𝐽𝐽 � ∗ .5 � + ��

𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 � ∗ .5�

-and-

Cost Per Callout:

=[𝑁𝑁𝐽𝐽𝑚𝑚𝑚𝑚𝑚𝑚𝐽𝐽 𝐽𝐽𝑜𝑜 𝐽𝐽𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 ] + [𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 𝑝𝑝𝑚𝑚𝐽𝐽 𝐽𝐽𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽 (𝐽𝐽𝑜𝑜𝑚𝑚𝐽𝐽𝐽𝐽𝐽𝐽𝑚𝑚𝑚𝑚 + 𝐽𝐽𝑚𝑚𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑚𝑚𝐽𝐽)] Example: City of 4,765 in total population Annual Operating Cost per jurisdiction:

=�� 4,765186,110

� ∗ .5 � + ��.3345� ∗ .5�

=[(. 026) ∗ .5 ] + [(.007) ∗ .5]

=[. 013 ] + [. 004]

=. 017%

Estimated annual operating cost of Metro SWAT = $125,000 = $125,000 ∗ .017

= $2,125 -and-

Cost Per Callout: (assumes one callout occurs) = [1 ] ∗ [$11,250]

= $11,250

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Option 2 (A): 1 personnel per every 6,000 persons

Total Cost for Tier 2 example: = Annual Operating cost + Per Callout Cost = $2,125 + $11,250 = $13,375

If the non-personnel providing Metro SWAT jurisdiction has a population over 7,500 (or 6,000 depending on number of signatory agencies) then that jurisdiction would be subject to an additional annual training offset payment based on the jurisdiction’s population to the total population of all Metro Team Signatory Agencies, divided by two. These payments will be distributed proportionately to Metro SWAT Personnel Contributing Signatory Agencies based their respective personnel on Metro SWAT to the Metro SWAT team size. Once again, if other member jurisdictions were amenable to Section 15, Liability for Indemnification and Defense from Third Party Claims, as proposed in the draft revised ILA then the provision requiring a certain number of personnel per a jurisdiction could be eliminated as all parties would share liability proportionately based on their respective size and use of SWAT services. It is recommended that if this is the case, these jurisdictions remain subject to the training offset payment. Example: Tier 2 with population over 7,500 or 6,000, no Metro SWAT personnel: Annual Operating Cost:

= ��𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽

𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 𝐽𝐽𝑜𝑜 𝑡𝑡𝑡𝑡𝑡𝑡 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝐽𝐽𝐽𝐽 � ∗ .5 � + ��

𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 � ∗ .5�

-and-

Cost Per Callout:

=[𝑁𝑁𝐽𝐽𝑚𝑚𝑚𝑚𝑚𝑚𝐽𝐽 𝐽𝐽𝑜𝑜 𝐽𝐽𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 ] + [𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 𝑝𝑝𝑚𝑚𝐽𝐽 𝐽𝐽𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽 (𝐽𝐽𝑜𝑜𝑚𝑚𝐽𝐽𝐽𝐽𝐽𝐽𝑚𝑚𝑚𝑚 + 𝐽𝐽𝑚𝑚𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑚𝑚𝐽𝐽)] -and-

Training Offset Cost:

=�� 𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 𝐽𝐽𝑜𝑜 𝑡𝑡𝑡𝑡𝑡𝑡 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝐽𝐽𝐽𝐽

� ∗ .5 � ∗ 𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑀𝑀𝑚𝑚𝐽𝐽𝐽𝐽𝐽𝐽 𝑆𝑆𝑆𝑆𝐴𝐴𝑇𝑇 𝐽𝐽𝐽𝐽𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡 𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽

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Option 2 (A): 1 personnel per every 6,000 persons

Example: City with a population of 8,100, no Metro SWAT personnel: Annual Operating Cost:

=�� 8,100186,110

� ∗ .5 � ∗ ��.3345� ∗ .5�

=[(. 044) ∗ .5 ] + [(.007) ∗ .5]

=[. 044] + [. 004]

=. 0444%

Estimated annual operating cost of Metro SWAT = $125,000

= $125,000 ∗ .0444

= $5,550 -and-

Cost Per Callout: (assumes one callout)

= [1 ] ∗ [$11,250]

= $11,250

Training Offset Cost:

= ��8,100

186,100 � ∗ .5 � ∗ $404,084

=[(. 044 ) ∗ .5 ] ∗ $404,084

= [. 022 ] ∗ $404,084

= $8,799 Total Cost for Tier 2 example: = Annual operating cost + Per Callout Cost + Training Offset Cost

=$5,550+ $11,250 + $8,799

= $25,599

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Option 2 (A): 1 personnel per every 6,000 persons

Example: Tier 2 with population over 7,500 or 6,000, Metro SWAT personnel but not to level of 1 per 6,000: Annual Operating Cost:

= ��𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽

𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 𝐽𝐽𝑜𝑜 𝑡𝑡𝑡𝑡𝑡𝑡 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝐽𝐽𝐽𝐽 � ∗ .5 � + ��

𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 � ∗ .5�

-and-

Training Offset Cost:

= (#𝐽𝐽𝑜𝑜 𝑝𝑝𝑚𝑚𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑚𝑚𝑡𝑡 𝑝𝑝𝑚𝑚𝐽𝐽 6,000 − #𝑝𝑝𝑚𝑚𝐽𝐽 𝐽𝐽𝐽𝐽𝑚𝑚 𝑝𝑝𝑚𝑚𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑚𝑚𝑡𝑡 𝑝𝑝𝐽𝐽𝐽𝐽𝑜𝑜𝐽𝐽𝐽𝐽𝑚𝑚𝐽𝐽) ∗ (𝐼𝐼𝐽𝐽𝐽𝐽𝐽𝐽𝑜𝑜𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝐽𝐽𝐽𝐽𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡 𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽

2)

Example: City with a population of 20,000, three Metro SWAT personnel, two callouts per year: Annual Operating Cost:

=�� 30,000186,110

� ∗ .5 � ∗ �� 445� ∗ .5�

=[(. 161) ∗ .5 ] + [(.088) ∗ .5]

=[. 081] + [. 044]

=. 124%

Estimated annual operating cost of Metro SWAT = $125,000

= $125,000 ∗ .124

= $15,575 -and-

Training Offset Cost:

= (#𝐽𝐽𝑜𝑜 𝑝𝑝𝑚𝑚𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑚𝑚𝑡𝑡 𝑝𝑝𝑚𝑚𝐽𝐽 6,000 − #𝐽𝐽𝐽𝐽𝑚𝑚 𝑝𝑝𝑚𝑚𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑚𝑚𝑡𝑡 𝑝𝑝𝐽𝐽𝐽𝐽𝑜𝑜𝐽𝐽𝐽𝐽𝑚𝑚𝐽𝐽) ∗ (𝐼𝐼𝐽𝐽𝐽𝐽𝐽𝐽𝑜𝑜𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝐽𝐽𝐽𝐽𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡 𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽

2)

=(5 − 4) ∗ ($16,859

2)

(1) * ($8,456)

= $8,456

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Option 2 (A): 1 personnel per every 6,000 persons

Total Cost for Tier 2 example: = Annual operating cost + Training Offset Cost

=$15,575+ $8,456

= $24,031 Host Agency: Under the draft revised ILA, for purposes of general administration, the OC would designate one jurisdiction to act as the Host Agency. The Host Agency would establish a single Metro SWAT Team operational budget. Per the draft revised ILA, Metro Team jurisdictions would agree to leave any money left over from that calendar year in the Metro SWAT Team operational budget, which would be held in the account to supplement and/ or augment Metro SWAT Team organizational operations, as approved by OC. All Metro SWAT members will be obligated to provide a record of all direct and other costs of their respective jurisdiction to the Host Agency. For purposes of this agreement, regular salaries (training time) and overtime salaries will be tracked. However, they will not be considered as part of the overall Metro SWAT Team operational budget. If Metro SWAT responds to an incident in a Metro SWAT non-personnel contributing jurisdiction, then overtime salary costs will be pass along to that jurisdiction as part of the cost per incident. Request for assistance: The draft revised ILA incorporates specific language for call outs, recall, and withdrawal procedures for all Metro Teams. Importantly, withdrawal by a jurisdiction is permissible only for unexpected personnel reasons, i.e., an emergency, major incident, or major crime event occurs within that jurisdiction requiring their personnel to return to their jurisdiction to safely and appropriately respond to the incident. Notably, withdrawal for this reason does not terminate a jurisdiction’s obligation to share liability for any Metro Team incident from which that jurisdiction withdrew pursuant to the weighted model described above. Audit: A provision incorporated into the draft ILA allows jurisdictions the right to conduct an audit of any Metro Team at any time. Furthermore, Metro Teams will need to provide an annual report by the end of the first quarter of the subsequent year that provides the following:

1. A tabulation of the number and nature of call outs per each Metro Team and Signatory Agency; and

2. A tabulation of the personnel and respective jurisdiction at each call out; and

3. A summary of the command positions assumed by personnel and their respective jurisdiction at each call out, including Incident Commander, Team Commanders, Tactical Command, Operational Command, etc.; and

4. A summary of any policy changes and the inclusion of a copy of the signed policy; and

5. A copy of all completed risk matrixes, regardless of whether a Metro Team call out resulted; and

6. A copy of the operational budget per each Metro Team.

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Option 2 (A): 1 personnel per every 6,000 persons

Liability for Indemnification and Defense from Third Party Claims: The 2005 Metro Teams ILA shared claims equally on an equal shares basis. The 2016 Metro Team ILA does not share claims, instead the jurisdiction is responsible for claims filed against its employees working on behalf of Metro Teams. Per the draft revised ILA, Metro Team jurisdictions agree to share liability proportionately between all jurisdictions. Judgements would be allocated on a weighted average based on the percentage of each jurisdiction’s population to the total population of Metro Team jurisdictions, weighted as fifty percent, and the percentage of call outs per a jurisdiction respective of the overall use of a Metro Team by all jurisdictions, weighted as fifty percent. Similar to the 2005 Metro Team ILA, any member jurisdiction that refuses to pay its share of any judgement would then be liable to the member jurisdiction(s) who paid the non-paying jurisdictions’ share in order to satisfy the judgment plus any attorney's fees incurred in the collection of said monies from the non-paying jurisdiction. Judgement allocation:

= ��𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽

𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 𝐽𝐽𝑜𝑜 𝑡𝑡𝑡𝑡𝑡𝑡 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝐽𝐽𝐽𝐽 � ∗ .5 � + ��

𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 � ∗ .5�

Judgement allocation example, Lakewood:

=�� 59,350186,110

� ∗ .5 � + ��2045� ∗ .5�

=[(. 3189) ∗ .5 ] + [(.4444) ∗ .5]

=[. 159 ] + [. 222]

=. 381%

Judgement award = $20,000

Lakewood share = $20,000 ∗ .381

Lakewood share = $7,620 Punitive Damages: Both the 2005 and 2016 Metro Teams ILAs explicitly state that punitive damages are the sole responsibility of the individual against whom any judgement is rendered and/or their municipal employer, should that employer elect to voluntarily make punitive payments on behalf of the employee. Per the draft revised ILA, Metro Team jurisdictions agree to proportionately pay for punitive damages if, and only if, an Independent Counsel, an independent special prosecutor with an appropriate level of experience in public safety related issues, jointly appointed by the governing bodies of the four most populous Metro Team jurisdictions plus any member jurisdiction with personnel named as a party in a case that is not one of the four most populous Signatory Agencies, makes a determination upon review that the Metro Team officer(s) acted, or failed to act, in the performance of the duties of their position and acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the public entity for which the Metro Team services were solicited. If any Metro Team personnel is found to not satisfy the above criteria, then any obligation for member jurisdictions to share this award would be terminated and payment of this award would be the sole responsibility of the person(s) or the jurisdiction that employs the person(s) against whom the award is rendered. Like

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Option 2 (A): 1 personnel per every 6,000 persons

the above, any member jurisdiction that refuses to pay its share of any award that meets this criterion would then be liable to the member jurisdiction(s) who paid the non-paying jurisdictions’ share in order to satisfy the award plus any attorney's fees incurred in the collection of said monies from the non-paying jurisdiction. Punitive damage allocation, if Independent Counsel determines employee(s) acted or failed to act within scope of employment:

= ��𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐽𝐽𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽

𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝑝𝑝𝐽𝐽𝑝𝑝𝐽𝐽𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 𝐽𝐽𝑜𝑜 𝑡𝑡𝑡𝑡𝑡𝑡 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝐽𝐽𝐽𝐽 � ∗ .5 � + ��

𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽′𝐽𝐽 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝑇𝑇𝐽𝐽𝐽𝐽𝑡𝑡𝑡𝑡 𝐶𝐶𝑡𝑡𝑡𝑡𝑡𝑡𝐽𝐽𝐽𝐽𝐽𝐽𝐽𝐽 � ∗ .5�

Example: Punitive allocations, Lakewood If Independent Counsel finds that the employee acted, or failed to act, within their scope of duty:

=�� 59,350186,110

� ∗ .5 � + ��2045� ∗ .5�

=[(. 3189) ∗ .5 ] + [(.4444) ∗ .5]

=[. 159 ] + [. 222]

=. 381%

Punitive damage award = $15,000

Lakewood share = $15,000 ∗ .381

Lakewood share = $5,715

Termination: Pursuant to the draft revised ILA, any individual member jurisdiction can withdrawal provided they give thirty (30) calendar days advanced written notice. Importantly, withdrawal of a member jurisdiction from this ILA does not terminate that jurisdiction’s liability sharing responsibilities, including for punitive damages, for any incident arising prior to the termination of this agreement and/or withdrawal of the member jurisdiction.

Partner Jurisdiction review of the Draft Revised ILA: The City distributed copies of the draft ILA to all current jurisdictions with personnel serving on Metro SWAT. On August 2, 2018, these jurisdictions convened to discuss the revised ILA. The following provides an outline of the questions and concerns that were raised during this meeting, and the City’s subsequent response (in blue):

1. Does Section 15, Liabilities for Indemnification and Defense from Third Party Claims, apply to just Metro SWAT or all Metro Teams, including the Civil Disturbance Team? A. The intent was that Section 15, Liabilities for Indemnification and Defense from Third

Party Claims, would apply to all Metro Teams. The language in the draft ILA reflects this intention.

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Option 2 (A): 1 personnel per every 6,000 persons

2. Would non-personnel providing Signatory Agencies be subject to Section 15, Liabilities for Indemnification and Defense from Third Party Claims? A. The intent was that Section 15, Liabilities for Indemnification and Defense from Third

Party Claims, would apply to all Signatory Agencies regardless of whether that jurisdiction provides or does not provide personnel to Metro SWAT, or any of the other Metro Teams. The language in the draft ILA reflects this intention.

3. Concern regarding the Team Commander rank. It was recommended that the Team Commander not be a Police Chief or Assistant Police Chief due to this position requiring substantial time and energy. A. To address this concern, the following has been added to the draft ILA:

“The OC will select a total of two (2) Team Commanders from two different signatory agencies with a rank no lower than Sergeant and no higher than Lieutenant.”

4. Concern that the Team Command structure, specifically that of Team Commander, as

proposed may not allow Metro SWAT to maintain a level of command proficient to meet the needs of Metro SWAT. A. The model was intended to distribute Team Commander responsibility more equitably

among member jurisdictions. At minimum, this model would require that four officers on Metro SWAT be sufficiently capable of serving as Team Commander from a minimum of four jurisdictions. As an alternative to this model, Team command could be structure as such: One Team Commander position would alternate between the two jurisdictions with the most callouts. Historically, and for the foreseeable future, the two jurisdictions with the highest callouts would be Lakewood and Puyallup. The other Team Commander position would be selected from one of the other personnel providing jurisdictions. Table L and Table M provide examples of this structure.

TABLE L Alternative Team Commander Structure

Year Team Commander Position #1

Team Commander Position #2

2019 Puyallup

Sumner 2020

Bonney Lake 2021 2022

Lakewood 2023 Fife 2024

2025 Puyallup 2026

Sumner 2027 2028

Lakewood 2029 Bonney Lake 2030

-or-

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Option 2 (A): 1 personnel per every 6,000 persons

TABLE M Alternative Team Commander Structure

Year Team Commander Position #1

Team Commander Position #2

2019

Puyallup

Sumner 2020

Bonney Lake

2021 2022

Lakewood

2023

Sumner 2024 2025

Puyallup

2026

Bonney Lake 2027 2028

Lakewood

2029 Sumner 2030

5. Concern that the OC could make policies changes that the Council may not approve of and

then the Council would be subject to pay for awards for punitive damages based on these policies. A. The OC is composed of one representative member, consisting of the Chief Law

Enforcement Officer, or his/her designee, from each Signatory Agency. The OC is required by the draft ILA to send any newly adopted, modified, or removed policies and/or procedures to each of the Signatory Agencies. Each Chief Law Enforcement Officer is an appointed officer. State statutes generally give the mayor or city manager, as chief executive, broad authority to hire and fire employees. Given this structure, egregious, undesirable, and/or non-NTOA endorsed policies or procedures would likely not be adopted by the OC. Additional language could be added to the draft ILA that allows a policy or procedure to be repealed by a single vote.

The revised ILA could also incorporate stronger language to ensure that all OC representatives must be present to vote on a policy or procedural change.

6. Request for more information on a Metro SWAT Public Development Authority (PDA).

A. The City provided more information on PDAs similar to what is provided later in this

memorandum under Option 9, Re-organize Metro SWAT as a PDA.

7. Independent Counsel – What constitutes a major case? A. Major cases are those which pose the potential for an award of punitive damages against

personnel of any jurisdiction serving on Metro SWAT (or any other Metro Team) and acting in the course of their employment, such as certain tort and civil rights actions. Language in the revised ILA has been updated to reflect this.

8. General issues and concerns with potential litigation, damage awards, and fiscal obligations.

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Option 2 (A): 1 personnel per every 6,000 persons

A. All jurisdictions that provide personnel to Metro Teams, including Lakewood, are concerned with the current state of police involved litigation and how they could potentially affect each respective jurisdiction’s provisions of services. The draft ILA incorporates provisions specifically designed to establish a more equitable distribution of exposure to risks by member jurisdictions. To that effect, Section 15, Liabilities for Indemnification and Defense from Third Party Claims, would establish a weighted liability sharing system in which all member jurisdictions would share liability based on their respective size and utilization of Metro Team services. The intent is that should an incident occur that results in litigation one jurisdiction is not singled out for the inherently dangerous, collective operations and actions of the Metro Teams.

In addition to the questions above, following the stakeholder meeting, the City received further feedback on the revised Metro SWAT ILA from the cities of Bonney Lake and Fife. The City of Bonney Lake (hereinafter, “Bonney Lake”) indicated that any additional personnel requirements would prevent Bonney Lake from continuing its participation in Metro SWAT. Currently, Bonney Lake has three (3) personnel serving on Metro SWAT and averages approximately 1.6 SWAT call outs per year. If one personnel per every 7,500 persons per jurisdiction were required, Bonney Lake, at a population of 20,500, would continue to provide three (3) personnel to Metro SWAT. However, if one personnel per every 6,000 persons per jurisdiction were required, Bonney Lake would need to provide one additional officer for a total of four (4) personnel to Metro SWAT. Bonney Lake also indicated that any additional agency resources and/or financial investments would be a cause for concern. To the former concern, if member jurisdictions were amenable to Section 15, Liability for Indemnification and Defense from Third Party Claims, as prescribed in the draft revised ILA, Attachment A, then any provision that requires member jurisdictions to provide a certain level of personnel could be eliminated as Section 15 would ensure the more equitable sharing of risk exposure and liability. However, Bonney Lake also raised concerns regarding Section 15 (D), Punitive Damages. The City of Fife (hereinafter, “Fife”) proposed alternative language to Section 15(D), Punitive Damages. Their proposed language would require the legislative authority of each agency, at its discretion, to authorize a payment for their share of punitive damages by ordinance or resolution, giving due consideration to the Special Counsel’s findings. Fife also expressed interest in exploring other alternative options, such as creating a Public Development Authority. In response, the City sent Fife representatives additional information on a potential Metro SWAT PDA similar to the information provided under Option 9: Re-organize as a Public Development Authority of this memorandum. WCIA Metro ILA review of the Draft ILA: The City also provided copies of the draft ILA to the Washington Cities Insurance Authority (WCIA) for initial review and feedback. WCIA suggested that the liability sharing provisions found in the draft ILA were good and consistent with WCIA’s encouragement of risk and sharing for ILA operations that may lead to liability claims. WCIA representatives stressed that jurisdictions should be made amply aware of the following:

• By signing this ILA signatory agencies would not be binding their insurers or self-insured organizations to the ILA. Settlement decisions involving a jurisdiction’s funds would be made by each jurisdiction.

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Option 2 (A): 1 personnel per every 6,000 persons

• The need to clearly explain to legislative bodies that the draft ILA would be delegating legislative authority to a Special Counsel to make determinations on cases involving or having the potential to involve punitive damages.

• Personnel could still petition their respective City Council or agency to pay for damage awards

if the Special Counsel denied payment of punitive damages.

• There would need to be a determination of who is the client of the Special Counsel for purposes of attorney/client privilege as Metro Teams would not constitute a separate legal entity.

• Encouraged the addition of language that Signatory Agencies maintain a minimum of $10

million per occurrence coverage.

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Option 2 (A): 1 personnel per every 6,000 residents

Alternative liability language. Several jurisdictions have raised concerns over required personnel allocations and Section 15, Liability for Indemnification and Defense from Third Party claims as written. A potential alternative to this language could be to incorporate liability language similar to PCSD’s Canine Team, which states the following:

“When any Metro Canine Team responds to a call for canine service for any agency, the requesting agency agrees by its request that the team will be acting under the direction and control of the requesting agency and agrees to assume liability under RCW 10.93.040 Liability for Exercise of Authority. In signing this agreement, the requesting agency agrees to hereby defend, indemnify, and hold harmless the responding Metro Canine Team to include but not be limited to: reasonable attorney’s fees for any responding Metro Canine Team and from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses, and costs arising out of the K-9 call-out and/or application. The responding metro team will act in accordance with the written policies, procedures, and guidelines set forth within the Metro Canine Agreement.”

For Metro SWAT purposes, PCSD’s language could be tailored to the following:

“When any Metro Team responds to a call for services for any agency, the requesting agency agrees by its request that the team will be acting under the direction and control of the requesting agency and agrees to assume liability under RCW 10.93.040 Liability for Exercise of Authority. In signing this agreement, the requesting agency agrees to hereby defend, indemnify, and hold harmless the responding Metro Team to include but not be limited to: reasonable attorney’s fees for any responding Metro Team and from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses, and costs arising out of the Metro Team call-out and/or application. The responding Metro Team will act in accordance with the written policies, procedures, and guidelines set forth within the Metro Team agreement and Metro Team policy manuals.”

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Option 2 (B): Hybrid of Option 1 and Option 2

Option 2 (B) – Hybrid of Option 1 and Option 2: Overview: It is anticipated that this variation of Option 2 would be the most favorable option for other member jurisdictions. Under this option, the following provisions in the draft ILA would be eliminated:

• Requirements for a set level of personnel per jurisdiction based on population size;

• Removal of additional compensation, i.e., annual training offset fees, for Metro SWAT services from jurisdictions that do not supply personnel or do not supply personnel at the level determined by jurisdiction population size; and

• Removal of the ability to share punitive damage awards. This would include eliminating the

ability of an independent counsel to review major incidents and assess if punitive damages should be proportionately shared by member jurisdictions based on a finding that an individual(s) or jurisdiction(s) acted, or failed to act, without actual malice and in the best interest of the jurisdictions for which Metro Teams were solicited.

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Option 2 (B): Hybrid of Option 1 and Option 2

TABLE V

Quick Reference & Comparison Option 1:

No Change Option 2 (B):

Hybrid of 1 & 2

Total Cost for SWAT services 2019-2023 $1,278,986 $1,278,986

Total Cost for 2019 $241,851 $241,851

Disruption of current SWAT services No No

Equipment sharing Shared Shared

Start-up cost $0 $0

Number of LPD personnel on SWAT 11 11

Command responsibility on SWAT Very High Very High

Candidate pool for SWAT Multiple jurisdictions Multiple jurisdictions

Incidents responded to by LPD per year 23 23

Incidents responded to by PCSD per year 0 0

PCSD cost per year $0 $0

Cost per incident (2019-2023) $11,122 $11,122

LPD personnel involved in SWAT incidents 253 253

LPD training hours for SWAT 2552 2552

LPD training cost for SWAT $170,958 $170,958

Expanded workload of LPD personnel in Lakewood No Change No Change

Risk Exposure for LPD operating in SWAT outside of Lakewood Very High Very High

Overall exposure to risk from SWAT for Lakewood Very High Very High

Punitive Damage Liability exposure Not equitably shared Not equitably shared

Punitive award coverage determination Each City Council Each City Council

More equitable allocation of liability /risk exposure No No

Budgetary transparency No Yes

Control of policy and training OC OC

Control of community relations Shared Shared

Ability to monitor Limited Yes

Ability to perform audit Limited Yes

Type of incident response Any Any

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Option 2 (B): Hybrid of Option 1 and Option 2

TABLE W Total Cost (2019) and Capabilities:

Option 2 (B): Hybrid of Option 1 and Option 2 Start-Up

Cost Annual

Equipment Cost

Total Personnel

Total Training

Cost

PCSD Contract

Cost

Total Cost 2019

Incident Response

Capabilities

Option 1: No Change

None $0

Medium-High

$40,200

Medium-Low

11 personnel

Medium-Low $170,959

None $0

Low $241,851

All Incidents

Option 2 (B): Hybrid of Options 1 & 2

None $0

Medium-High

$40,200

Medium-Low

11 personnel

Medium-Low $170,959

None $0

Low $211,159

All Incidents

TABLE X

Risk Exposure: Option 2 (B): Hybrid of Option 1 and Option 2

Frequency to

exposure: Numb. Of call-outs

Frequency to exposure:

LPD at call-outs

annually

Frequency to exposure: Command

Responsibility

Severity of Losses: Wrongful/Negligent

Actions

Severity of Losses: Punitive Damages

Overall Risk

Rating

Option 1: No Change

Very High 23

Very High 253 LPD personnel

Very High Always had command

responsibility

Very High Liability not shared

Very High Liability not

shared

Very High

Option 2 (B): Hybrid 1/2

Very High 23

Very High 253 LPD personnel

Medium Rotating

Command positions

High Liability shared

Very High Liability not

shared High

Risk Assessment: The overall risk rating for this option is “high,” see Table X. The exposure to risk the City would assume under this option would be lower than what it currently assumes as part of Metro SWAT. This option would allow Lakewood to reduce its exposure to risk by:

1) Increasing the distribution of command responsibility among partner jurisdictions; and 2) Allowing for the proportionate sharing claims (wrongful and negligent actions of personnel

serving on behalf of Metro SWAT only).

Under this option it is unlikely that the City would reduce its total personnel serving on Metro SWAT. Metro SWAT would continue to respond to approximately 23 call-outs per a year. Command positions would rotate between the jurisdictions more equitably and smaller jurisdictions would serve as incident commanders when an incident occurs within their jurisdiction. There would be no provision for the potential sharing of punitive damages based on review by an Independent Counsel. Accountability: This option would create a Host Agency that would establish a single Metro SWAT Team operational budget. Jurisdictions would be able to request an audit of any Metro Team at any time. Every jurisdiction would receive an annual report on Metro Team activities. Organization: Organization would be a hybrid of Option 1 and Option 2.

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Option 2 (B): Hybrid of Option 1 and Option 2

Feasibility: High. By eliminating provisions for the potential sharing of punitive damages, as well as personnel requirements, this option is likely more palatable to other member jurisdictions. Updated Forecast: Table Y provides an updated forecast for Option 2 (B): Hybrid of Option 1 and Option 2 for 2019 to 2023. Table Z provides an itemized updated forecast that details start-up costs, personnel overtime, annual equipment costs, and personnel training costs. This update assumes the following:

• Metro SWAT continues to train a total of 232 hours per person per a year (2552 hours total); • 11 LPD continue to serve on Metro SWAT; • There are 23 Metro SWAT call-outs per year; • The average call-out lasts one hour and thirteen minutes; • LPD personnel are paid $66.99 an hour for regular time and $100.49 an hour for overtime;

and • Costs of personnel and equipment inflate 3% annually.

TABLE Y

Updated Forecast Option 2 (B): Hybrid Cost

2019 to 2023

Year Cost

2019 $241,851 2020 $247,903 2021 $255,340 2022 $263,001 2023 $270,890

TOTAL $1,278,986

TABLE Z Updated Forecast - Itemized

Option 2 (B): Hybrid of Options 1 & 2 2019-2023

Year One Time Team

Start-Up Cost

LPD Overtime Equipment LPD Training Costs

Total Annual Cost

2019 - $30,763 $40,130 $170,958 $241,851

2020 - $31,686 $40,130 $176,087 $247,903

2021 - $32,636 $41,334 $181,370 $255,340

2022 - $33,616 $42,574 $186,811 $263,001

2023 - $34,624 $43,851 $192,415 $270,890

TOTAL $1,278,986 One Time Start-Up costs: This option requires no additional start-up costs. Advantages and Disadvantages: Table AA provides a brief list of the potential advantages and disadvantages to Option 2 (B): Hybrid of Option 1 and Option 2.

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Option 2 (B): Hybrid of Option 1 and Option 2

TABLE AA Potential Advantages and Disadvantages

Option 2 (B): Hybrid of Option 1 and Option 2 Potential Advantages

No start-up costs Equipment sharing Larger pool of candidates for team selection LPD remains a full service police department Reduces City’s command responsibility Team is capable of responding all incidents No / limited disruption in current service levels Number of LPD personnel trained remains the same Does not create another governmental entity Maintains relationships with partnering jurisdictions

Potential Disadvantages LPD personnel operate in multiple jurisdictions No punitive damage sharing provisions Minimally reduces liability exposure for City LPD personnel respond to a high number of total call-outs LPD personnel respond to a high number of call-outs outside of Lakewood Limited control of command and operations Limited control of personnel Limited control of public relations Limited control of standard and policies Limited control of SWAT team mobilization Limited control of training Does not increase workload of LPD in Lakewood

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Option 3: Contract SWAT Services from Perce County Sheriff’s Department

OPTION 3: CONTRACT SWAT SERVICES FROM PIERCE COUNTY SHERIFF’S DEPARTMENT (PCSD) On June 15, 2018, the City sent PCSD a formal letter requesting PCSD consider providing SWAT services to Lakewood in a variety of capacities, e.g., comprehensive SWAT services and select SWAT services, see Attachment B. In response, PCSD stated that they would be able to provide selective SWAT services for the City, however they would not be able to provide comprehensive SWAT services for the City, see Attachment C.

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Option 6 (A): Develop an LPD Tactical Response Team and contract with PCSD

OPTION 6: DEVELOP A LPD SPECIALIZED TEAM & CONTRACT WITH PCSD FOR SELECT SERVICES Overview: The City could develop a LPD only specialized tactical team, such as a Tactical Response Team (TRT) or a High Risk Warrant Team (HRWT). Both of these teams would operate exclusively in Lakewood, reducing the total number of call-outs LPD personnel respond to each year and eliminating the number of SWAT call-outs LPD personnel respond to outside of Lakewood each year. LPD only specialized tactical teams would also require additional LPD personnel serving on the team, which would necessitate additional financial support from the City for training time, individual equipment, and team equipment. For all SWAT incidents that these teams could not adequately respond to, due to insufficient training and/or equipment, the City could contract with the Pierce County Sherriff’s Department (PCSD) to provide limited SWAT services. However, through a contract with PCSD, the City may have to assume liability for PCSD SWAT Team’s actions in Lakewood based on the liability language found in the Pierce County Canine Team contract, described in the previous section. Figure 1 lists the NTOA SWAT Standards for Law Enforcement Agencies tactical teams by type, capabilities, and personnel.6

6 National Tactical Officers Association. (2015). NTOA Tactical Response and Operations Standards for Law Enforcement Agencies.

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Option 6 (A): Develop an LPD Tactical Response Team and contract with PCSD

Option 6 (A) – Develop an LPD Tactical Reponses Team (TRT):

TABLE AB Quick Reference & Comparison

Option 1: No Change

Option 6 (A): LPD TRT

Total Cost for SWAT services 2019-2023 $1,278,986 $2,156,493

Total Cost for 2019 $241,851 $736,041 $486,041

Disruption of current SWAT services No Yes

Equipment sharing Shared Lakewood

Start-up cost $0 $404,800

Number of LPD personnel on SWAT 11 15

Command responsibility on SWAT Very High Lakewood

Candidate pool for SWAT Multiple

jurisdictions Lakewood

Incidents responded to by LPD per year 23 11

Incidents responded to by PCSD per year 0 1

PCSD cost per year $0 $36,099

Cost per incident (2019-2023) $11,122 $35,942 $31,775

LPD personnel involved in SWAT incidents 253 165

LPD training hours for SWAT 2552 3480

LPD training cost for SWAT $170,958 $233,125

Expanded workload of LPD personnel in Lakewood No Change Increase

Risk Exposure for LPD operating in SWAT outside of Lakewood Very High Very Low

Overall exposure to risk from SWAT for Lakewood Very High Medium

Punitive Damage Liability exposure Not shared Lakewood

Punitive award coverage determination Each City Council City Council

More equitable allocation of liability /risk exposure No Lakewood

Budgetary transparency No Yes

Control of policy and training OC Lakewood

Control of community relations Shared Lakewood

Ability to monitor Limited Yes

Ability to perform audit Limited Yes

Type of incident response Any 165

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Option 6 (A): Develop an LPD Tactical Response Team and contract with PCSD

TABLE AC Total Cost (2019) and Capabilities: Option 6 (A), LPD TRT

Start-Up Cost

Annual Equipment

Cost

Total Personnel

Total Training

Cost

PCSD Contract

Cost

2019 Total Cost

Incident Response

Capabilities

Option 1: No Change

None $0

Medium-High

$40,200

Medium-Low 11 personnel

Medium-Low

$170,959

None $0

Low $241,851 All Incidents

Option 6 (A): LPD TRT

High $406,800

Medium-High

$40,130

High 15 personnel

High $233,125

High $36,099

High $753,980 $503,979

Most No hostage incidents

TABLE AD

Risk Exposure: Option 6 (A), LPD TRT

Frequency to

exposure: Numb. Of call-outs

Frequency to exposure: LPD at call-

outs annually

Frequency to exposure: Command

Responsibility

Severity of Losses: Wrongful/Negligent

Actions

Severity of Losses: Punitive Damages

Overall Risk

Rating

Option 1: No Change

Very High 23

Very High 253 LPD personnel

Very High Always had command

responsibility

Very High Liability not shared

Very High Liability not

shared

Very High

Option 6 (A): LPD TRT

Medium 11

Medium 165 LPD personnel

Very High Command

Responsibility

Medium Liability Lakewood’s

responsibility but fewer call outs and personnel

Medium Liability

Lakewood’s responsibility but fewer call

outs and personnel

Medium-High

Overview: This option was formerly presented to the City Council as “Develop a LPD High Risk Warranty team.” However, based on further research, the City could develop a team that could provide tactical services beyond high risk warrant provision, if so desired. Per NTOA’s minimum standards, a LPD TRT would require a minimum of 15 total members, 1 Team Commander, 2 Team Leaders, and 12 Operators. A LPD TRT would be capable of handling the following operations:

• Barricaded subject operations; • Sniper operations; • High risk warrant services; • High risk apprehension services; • High risk security operations; and • Terrorism response operations.

Per NTOA standards, a LPD TRT would not be proficiently trained or staffed to respond to the following operations:

• Emergency Hostage Rescue; and • Planned Hostage Rescue.

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Option 6 (A): Develop an LPD Tactical Response Team and contract with PCSD

Of the 11.2 average SWAT incidents that occur in Lakewood per year, a LPD TRT would be proficiently trained to respond to an average of 10.8 of these incidents. A LPD TRT would not be proficiently trained to respond to the .4 hostage incidents Lakewood has on average per year. While PCSD declined to provide Lakewood comprehensive SWAT, they did indicate that they would provide SWAT services for active incidents, such as hostage operations. Additionally, PCSD indicated that they would allow LPD personnel to train with PCSD SWAT trainers once a year for a total of twenty-four (24) hours over a three-day period. For this training, LPD personnel would need to provide their own ammunition and equipment. LPD personnel would be able to attend the training at no additional cost to the City if this training was coordinated with a scheduled PCSD SWAT training. If not, the City would be charged $190 (2018 rate) per hour for the two PCSD trainers for this training. In total, the City would pay $4,560 for the twenty-four-hour training block. Notably, in addition to this training, a LPD TRT would need an additional 208 hours of training per person (2,912 total team hours) to meet NTOA minimum standards. Risk Assessment: The overall risk rating for this option is “medium-high,” see Table AD. The exposure to risk the City would assume under this option would be lower than what it currently assumes as part of Metro SWAT. This option would reduce Lakewood’s exposure to risk by:

1) Reducing the number of SWAT callouts LPD personnel are involved in; and 2) Minimizing, if not eliminating, SWAT operations outside of the City.

The City would be solely liable for all actions of LPD personnel on the LPD TRT. As previously noted, there is a chance that the City would have to assume liability for the PCSD SWAT Team when they operate within Lakewood. PCSD SWAT Rates: PCSD would charge the City for SWAT services by an annual per capita cost and per incident (call-out) cost. The 2018 and 2019 charges are provided in Table AF.

Based on the information provided by PCSD, it appears that the annual per capita cost increases at a rate of one (1) cent per year. The cost per SWAT incident appears to increase at a rate of three (3) percent per year. Using these rate increase patterns, Table AG forecasts the cost for active SWAT provision from PCSD in the next five years.

Table AF Updated Pierce County Sheriff’s SWAT Contract Cost, 2018-2019

Year Per Incident Rate

Annual Per Capita

Cost 2018 $11,201 $0.41 2019 $11,537 $0.42

Table AE

PCSD SWAT Contract Cost for Lakewood (1 incident per year), 2018-2019 Year Est. incident cost (1 incident per

year) Est. Per Capita Cost (pop.

59,280 per OFM) Est. Cost for PCSD SWAT

services 2018 $11,201 $24,898 $36,099 2019 $11,537 $25,490 $37,027

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Option 6 (A): Develop an LPD Tactical Response Team and contract with PCSD

Feasibility: Dependent on the level of resources the City is willing to allocate to this service. Updated Forecast: Table AF provides an updated forecast cost for Option 6 (A): Develop a LPD TRT for 2019 to 2023. Table AJ provides an itemized updated forecast that details start-up costs, personnel overtime, annual equipment costs, and personnel training costs. These forecasts assume the following:

• LPD TRT trains a total of 232 hours per person per a year (3,480 total hours for all LPD personnel);

• 15 LPD serve on the LPD TRT; • There are 12 LPD TRT call-outs per year; • There are 1 PCSD SWAT call-out per year; • The average call-out lasts one hour and thirteen minutes; • LPD personnel are paid $66.99 an hour for regular time and $100.49 an hour for overtime;

and • Costs of personnel and equipment inflate 3% annually.

TABLE AF

Updated Forecast Option 6 (A): LPD TRT Cost

2019-2023 PCSD Contract & TRT operating budget

$1,740,010

Personnel Equipment (for four more LPD officers)

$67,400

Team Equipment $337,400

TOTAL $2,156,493

Table AG PCSD SWAT Contract Cost for Lakewood (1 incident per year), 2019-2023

Year Per Incident Rate

Per Capita Cost

2019 $11,537 $0.42 2020 $11,883 $0.43 2021 $12,240 $0.44 2022 $12,607 $0.45 2023 $12,985 $0.46

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Option 6 (A): Develop an LPD Tactical Response Team and contract with PCSD

TABLE AI

Updated Forecast: Pierce County Sheriff’s SWAT Contract Cost, 2019 - 2023 Year Per

Incident Rate

Per Capita Cost

Est. Per Capita Cost

(pop. 59,280 per OFM)

Est. incident cost (average of

1 per year)

Est. Cost for PCSD SWAT

services

2019 $11,537 $0.42 $24,898 $11,537 $36,099 2020 $11,883 $0.43 $25,490 $11,883 $37,027 2021 $12,240 $0.44 $26,083 $12,240 $37,956 2022 $12,607 $0.45 $26,676 $12,607 $38,885 2023 $12,985 $0.46 $27,269 $12,985 $39,814

TOTAL $189,781

TABLE AJ Updated Forecast - Itemized

Option 6 (A): LPD TRT Cost, 2019-2023

Year One Time

Team Start-Up Cost

15 LPD Personnel Overtime

Annual LPD Equipment

Cost

15 LPD Personnel Training Cost

Total TRT Cost

2019 $404,800 $21,887 $40,130 $233,125 $699,942

2020 - $22,543 $40,130 $240,119 $302,792

2021 - $23,220 $41,334 $247,323 $311,877

2022 - $23,916 $42,574 $254,742 $321,232

2023 - $24,634 $43,851 $262,384 $330,869

TOTAL $1,966,712

Table AH

PCSD SWAT Contract Cost for Lakewood (1 incident per year), 2018-2023 Year Est. Per Capita Cost (pop. 59,280

per OFM) Est. incident cost

(1 incident per year) Est. Cost for PCSD SWAT

services 2019 $24,898 $11,537 $36,099 2020 $25,490 $11,883 $37,027 2021 $26,083 $12,240 $37,956 2022 $26,676 $12,607 $38,885 2023 $27,269 $12,985 $39,814

TOTAL $189,781

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Option 6 (A): Develop an LPD Tactical Response Team and contract with PCSD

TABLE AK

Updated Forecast - Itemized Option 6 (A): LPD TRT & PCSD SWAT Cost, 2019-2023

Year Total TRT Cost Est. Cost for PCSD SWAT

services

Total TRT & PCSD SWAT Annual Cost

2019 $699,942 $36,099 $736,041

2020 $302,792 $37,027 $339,819

2021 $311,877 $37,956 $349,833

2022 $321,232 $38,885 $360,117

2023 $330,869 $39,814 $370,683

TOTAL $2,156,493 One Time Start-Up Costs: In addition to annual equipment costs, this option would require additional start-up monies to adequately equip a LPD TRT. A LPD HRWT would need to maintain an inventory of equipment including weapons, specialty vehicles, surveillance equipment and ballistic protection. Table AL lists the additional individual equipment necessary for four (4) additional LPD personnel that would be serving on the LPD TRT. Table AM lists the additional team equipment necessary.

TABLE AL Option 6 (A): LPD TRT – Equipment for four additional LPD officers

Item Approximate

Cost Per Officer

Total Cost for 4 additional LPD

personnel Ballistic Helmet, Level IIIA, complete $800 $3,200 Ballistic Vest complete with Level IIIA soft panels and Level III/IV rifle plates, pouches, etc.

$2,500 $10,000

Entry rifle, complete with optics, white light, visible/IR laser, sling, etc.

$3,000 $12,000

Tactical uniform, Crye Precision, shirt and trousers (2x) $500 $2,000 Personal Protective Equipment (safety glasses, gloves, etc.) $200 $800 Pistol belt, holster, magazine pouches $300 $1,200 Chemical agent mask/protective respirator with voice emitter

$900 $3,600

Integrated radio communications headset/ electronic hearing protection

$1,500 $6,000

Night Vision Goggles for low-light operations (dual-tube) $7,000 $28,000 Individual Trauma-Aid Kit $150 $600

Approximate Total Cost Per Officer & Per Team $16,850 $67,400

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Option 6 (A): Develop an LPD Tactical Response Team and contract with PCSD

TABLE AM Option 6 (A): LPD TRT - Team Equipment

Item Approximate Cost Per Unit

Total Cost

Lenco “Bearcat” Rescue Vehicle $250,000 $250,000 Digital “pole cam” tactical surveillance camera (x2) $5,000 $10,000 Ballistic Shields, Level IIIA (pistol-rated) (x3) $3,200 $9,600 Ballistic Shield, Level III/IV (rifle rated) (x2) $3,900 $7,800 Mechanical Breaching Equipment – rams, sledges, Halligan tools, rake/break tool, etc. (on-hand)

$2,000 $2,000

Tactical Robot (on-hand) $30,000 $30,000 Team Trauma-Aid Kit (x2) $500 $1,000 Precision Marksman Rifles (complete with magnified optics) (x2)

$5,500 $11,000

Low-light Observation Scope, snipers (x2) $8,000 $16,000 Approximate Team Equipment Costs $337,400

Total Team Equipment Costs without a Lenco Bearcat rescue vehicle $87,400

The Lenco “Bearcat” Rescue Vehicle is the single largest one-time equipment cost. If the City did not need a Bearcat, it would significantly reduce the overall cost of forming a LPD TRT, see Table AN.

TABLE AN

Updated Forecast - Itemized Option 6 (A): LPD TRT & PCSD SWAT Cost, 2019-2023

*Without a Lenco Bearcat rescue vehicle* Year One Time

Team Start-Up Cost

15 LPD Personnel Overtime

Annual LPD Equipment

Cost

15 LPD Personnel

Training Cost

Est. Cost for PCSD SWAT

services

Total TRT & PCSD SWAT Annual Cost

2019 $154,800 $21,887 $40,130 $233,125 $36,099 $486,041 2020 - $22,543 $40,130 $240,119 $37,027 $339,819 2021 - $23,220 $41,334 $247,323 $37,956 $349,832 2022 - $23,916 $42,574 $254,742 $38,885 $360,117 2023 - $24,634 $43,851 $262,384 $39,814 $370,683

TOTAL $1,906,493 Advantages and Disadvantages: Table AO provides a brief list of the potential advantages and disadvantages to Option 6 (A): Develop a LPD TRT.

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Option 6 (A): Develop an LPD Tactical Response Team and contract with PCSD

TABLE AO Potential Advantages and Disadvantages

Option 6 (A): Develop a LPD TRT Potential Advantages

LPD remains a semi-full service police department Expands training opportunities of LPD Does not create another governmental entity Budgetary accountability for LPD TRT Reduces liability exposure for City Expands workload of LPD in Lakewood LPD operates in Lakewood only Control of command and operations Control of personnel Control of public relations Control of standard and policies Control of TRT team mobilization Control of training Capable of responding to most incidents

Potential Disadvantages No equipment sharing Requires start-up costs Smaller pool of candidates for team selection Possible disruption in current service levels Contract with PCSD for public safety service Limited budgetary accountability for PCSD Lakewood may assume liability for PCSD activities in Lakewood

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Option 6 (B): Develop a LPD High Risk Warrant Team and contract with PCSD

Option 6 (B): Develop a LPD High Risk Warrant Team (HRWT): The City could develop a LPD HRWT, however a LPD HRWT would require the same number of LPD personnel and training as a LPD TRT, making this team less cost and resource effective as it would require the same number of LPD personnel, the same training levels, and additional PCSD SWAT responses per year.

TABLE AP Quick Reference & Comparison

Option 1: No Change

Option 6 (B): LPD HRWT

Total Cost for SWAT services 2019-2023 $1,278,986 $2,251,834

Total Cost of 2019 $241,851 $753,980 $503,979

Disruption of current SWAT services No Yes

Equipment sharing Shared Lakewood

Start-up cost $0 $404,800

Number of LPD personnel on SWAT 11 15

Command responsibility on SWAT Very High Lakewood

Candidate pool for SWAT Multiple jurisdictions Lakewood

Incidents responded to by LPD per year 23 9

Incidents responded to by PCSD per year 0 3

PCSD cost per year $0 $59,509

Cost per incident (2019-2023) $11,122 $37,531 33,364

LPD personnel involved in SWAT incidents 253 135

LPD training hours for SWAT 2552 3480

LPD training cost for SWAT $170,958 $223,125

Expanded workload of LPD personnel in Lakewood No Change Increase

Risk Exposure for LPD operating in SWAT outside of Lakewood Very High Very Low

Overall exposure to risk from SWAT for Lakewood Very High Medium

Punitive Damage Liability exposure Not shared Lakewood

Punitive award coverage determination Each City Council City Council

More equitable allocation of liability /risk exposure No Lakewood

Budgetary transparency No Yes

Control of policy and training OC Lakewood

Control of community relations Shared Lakewood

Ability to monitor Limited Yes

Ability to perform audit Limited Yes

Type of incident response Any Most

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Option 6 (B): Develop a LPD High Risk Warrant Team and contract with PCSD

TABLE AQ Total Cost (2019) and Capabilities: Option 6 (B), LPD HRWT

Start-Up Cost

Annual Equipment

Cost

Total Personnel

Total Training

Cost

PCSD Contract

Cost

Total Cost for

2019

Incident Response

Capabilities

Option 1: No Change

None $0

Medium-High

$40,200

Medium-Low

11 personnel

Medium-Low

$170,959

None $0

Low $241,851

All Incidents

Option 6: LPD HRWT

High $406,800

Medium-High

$40,130

High 15 personnel

High $223,125

Very High $59,509

High $753,980

$503,979**

Only High Risk Warrant

TABLE AR

Risk Exposure: Option 6 (B), LPD HRWT

Frequency to

exposure: Numb. Of call-outs

Frequency to exposure:

LPD at call-outs

annually

Frequency to exposure: Command

Responsibility

Severity of Losses: Wrongful/Negligent

Actions

Severity of Losses: Punitive Damages

Overall Risk

Rating

Option 1: No Change

Very High 23

Very High 253 LPD personnel

Very High Always had command

responsibility

Very High Liability not shared

Very High Liability not

shared

Very High

Option 6 (B): LPD HRWT

Medium-Low

9

Medium-Low 135 LPD personnel

Very High Command

Responsibility

Medium Liability Lakewood’s

responsibility but fewer call outs and personnel

Medium Liability

Lakewood’s responsibility but fewer call

outs and personnel

Medium-High

Risk Assessment: The overall risk rating for this option is “medium-high,” see Table AR. The exposure to risk the City would assume under this option would be lower than what it currently assumes as part of Metro SWAT. This option would allow Lakewood to reduce its exposure to risk by:

1) Reducing the number of SWAT callouts LPD personnel are involved in; and 2) Minimizing, if not eliminating, SWAT operations outside of the City.

The City would be solely liable for the actions of LPD personnel on the LPD TRT. As previously noted, the City could have to assume liability for the actions of the PCSD SWAT Team when mobilized in Lakewood. Updated Forecast: The City could form a LPD High Risk Warranty Team that would response to on average 8.6 high risk warrant service incidents per year and contract with PCSD SWAT for all other active incidents, approximately 2.6 incidents per year. Table AS provides an updated forecast for Option 6 (B): Develop a LPD HRWT for 2019 to 2023. Table AT provides an itemized breakdown of this forecast. These forecast assumes the following:

• LPD HRWT trains a total of 232 hours per person per a year (3,480); • 15 LPD serve on the LPD HRWT; • There are 9 LPD HRWT call-outs per year; • There are 3 PCSD SWAT call-outs per year;

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Option 6 (B): Develop a LPD High Risk Warrant Team and contract with PCSD

• The average call-out lasts one hour and thirteen minutes; • LPD personnel are paid $66.99 an hour for regular time and $100.49 an hour for overtime;

and • Costs of personnel and equipment inflate 3% annually.

TABLE AS

Updated Forecast Option 6 (B): LPD HRWT

2019-2023

PCSD Contract & HRWT operating budget $1,847,034

Personnel Equipment (for four more LPD officers) $67,400

Team Equipment $337,400 TOTAL $2,251,834

Table AT PCSD SWAT Contract Cost for Lakewood (3 incident per year), 2019-2023

Year Per Incident Rate Per Capita Cost 2019 $11,537 $0.42 2020 $11,883 $0.43 2021 $12,240 $0.44 2022 $12,607 $0.45 2023 $12,985 $0.46

Table AU PCSD SWAT Contract Cost for Lakewood (3 incident per year), 2019-2023

Year Est. Per Capita Cost (pop. 59,280 per OFM)

Est. incident cost (average of 3 per year)

Cost for PCSD SWAT

2019 $24,898 $34,611 $59,509 2020 $25,490 $35,649 $61,139 2021 $26,083 $36,720 $62,803 2022 $26,676 $37,821 $64,497 2023 $27,269 $38,955 $66,224

TOTAL $314,172

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Option 6 (B): Develop a LPD High Risk Warrant Team and contract with PCSD

TABLE AV Updated Forecast - Itemized Option 6 (B): LPD HRWT

2019-2023

Year

One Time Team

Start-up Cost

PCSD SWAT Cost

15 LPD Personnel Overtime

LPD Equipment

15 LPD Personnel Training

Cost

Total HRWT Annual Cost

2019 $404,800 $59,509 $16,415 $40,130 $233,125 $753,980

2020 - $61,139 $16,907 $40,130 $240,119 $358,295

2021 - $62,803 $17,415 $41,334 $247,323 $368,874

2022 - $64,497 $17,937 $42,574 $254,742 $379,750

2023 - $66,224 $18,475 $43,851 $262,384 $390,934

TOTAL $2,251,834

One Time Team Start- Up Cost: In addition to annual equipment costs, this option would require additional start-up monies to adequately equip a LPD HRWT. LPD HRWT would need to maintain an inventory of equipment including weapons, specialty vehicles, surveillance equipment and ballistic protection. Table AW lists the additional individual equipment necessary for (4) additional LPD personnel serving on the LPD HRWT. Table AX lists the additional team equipment necessary.

TABLE AW Option 6 (B): Develop a LPD HRWT- Equipment for four additional LPD officers

Item Approximate

Cost Per Officer

Total Cost for more 4 LPD

Officers Ballistic Helmet, Level IIIA, complete $800 $3,200 Ballistic Vest complete with Level IIIA soft panels and Level III/IV rifle plates, pouches, etc.

$2,500 $10,000

Entry rifle, complete with optics, white light, visible/IR laser, sling, etc.

$3,000 $12,000

Tactical uniform, Crye Precision, shirt and trousers $500/set - $1,000

total $2,000

Personal Protective Equipment (safety glasses, gloves, etc.) $200 $800 Pistol belt, holster, magazine pouches $300 $1,200 Chemical agent mask/protective respirator with voice emitter

$900 $3,600

Integrated radio communications headset/ electronic hearing protection

$1,500 $6,000

Night Vision Goggles for low-light operations (dual-tube) $7,000 $28,000 Individual Trauma-Aid Kit $150 $600

Approximate Total Cost Per Officer $16,850 $67,400

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Option 6 (B): Develop a LPD High Risk Warrant Team and contract with PCSD

TABLE AX Option 6 (B): Develop a LPD HRWT- Team Equipment

Item Approximate Cost Per Unit

Total Cost

Lenco “Bearcat” Rescue Vehicle $250,000 $250,000 Digital “pole cam” tactical surveillance camera $5,000 $10,000 Ballistic Shields, Level IIIA (pistol-rated) $3,200 $9,600 Ballistic Shield, Level III/IV (rifle rated) $3,900 $7,800 Mechanical Breaching Equipment – rams, sledges, Halligan tools, rake/break tool, etc. (on-hand)

$2,000 $2,000

Tactical Robot (on-hand) $30,000 $30,000 Team Trauma-Aid Kit $500 $1,000 Precision Marksman Rifles (complete with magnified optics) (x2)

$5,500 $11,000

Low-light Observation Scope, snipers $8,000 $16,000 Approximate Team Equipment Costs $337,400

Total Team Equipment Costs without a Lenco Bearcat rescue vehicle $87,400 The Lenco “Bearcat” Rescue Vehicle is the single largest one-time equipment cost. If the City to not need a Bearcat, it would significantly reduce the overall cost of forming a LPD HRWT, see Table AY

TABLE AY Updated Forecast - Itemized Option 6 (B): LPD HRWT

2019-2023 *Without a Lenco Bearcat rescue vehicle*

Year

One Time Team

Start-up Cost

PCSD SWAT Cost

15 LPD Personnel Overtime

LPD Equipment

15 LPD Personnel Training

Cost

Total HRWT Annual Cost

2019 $154,800 $59,509 $16,415 $40,130 $233,125 $503,979 2020 - $61,139 $16,907 $40,130 $240,119 $358,295 2021 - $62,803 $17,415 $41,334 $247,323 $368,875 2022 - $64,497 $17,937 $42,574 $254,742 $379,750 2023 - $66,224 $18,475 $43,851 $262,384 $390,934

TOTAL $2,001,833

Feasibility: Dependent on level of resources City is willing to allocate to this service. Advantages and Disadvantages: Table AZ provides a brief list of the potential advantages and disadvantages to Option 6: LPD HRWT.

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Option 6 (B): Develop a LPD High Risk Warrant Team and contract with PCSD

TABLE AZ Potential Advantages and Disadvantages

Option 6 (B): LPD HRWT Potential Advantages

Maintains training opportunities of LPD Does not create another governmental entity Budgetary accountability for LPD HRWT Reduced liability exposure for City Expands workload of LPD in Lakewood Increases number of LPD personnel trained LPD operates in Lakewood only Control of command and operations Control of personnel Control of public relations Control of standard and policies Control of team mobilization Control of training

Potential Disadvantages LPD is not a full service department No ability to share equipment Smaller pool of candidates for team selection Not capable of responding to all incidents Potential disruption in current service levels Requires contract with PCSD for public safety service Limited budgetary accountability of PCSD Requesting agency assumes liability for PCSD

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Option 7: Develop a LPD SWAT Team for Lakewood

OPTION 7: DEVELOP LPD SWAT TEAM FOR LAKEWOOD Instead of remaining in Metro SWAT or contracting select SWAT services out to PCSD, the City could develop and maintain a LPD SWAT team that operates exclusively in Lakewood. This option would allow the City to have complete autonomy over SWAT operations, policies, mobilization, and personnel in Lakewood. Developing a LPD SWAT team would reduce the total number of SWAT incidents LPD personnel respond to compared to Metro SWAT. However, forming a stand-alone LPD SWAT team would require additional LPD personnel to adequately staff a team capable of effectively handling LPD SWAT incidents. Based on NTOA standards, the City could develop a SWAT Team –Tier 1 or SWAT Team – Tier 2. Figure 1 lists the differences between SWAT tiers by capabilities and personnel.

Option 7 (A) summarizes a LPD SWAT Team -- Tier 1. Option 7 (B) summarizes a LPD SWAT Team -- Tier 2. Additionally, the City could form a joint SWAT team with select jurisdictions amendable to Section 15, Liability for Indemnification and Defense from Third Party Claims, as prescribed in the revised draft ILA. This option is described in more detail under Option 7 (C).

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Option 7 (A): Develop a LPD SWAT Team – Tier 1

Option 7 (A) – Develop a LPD SWAT Team – Tier 1

TABLE BA Quick Reference & Comparison

Option 1: No Change

Option 7 (A): LPD SWAT – Tier 1

Total Cost for SWAT services 2019-2023 $1,278,986 $3,256,471

Total Cost for 2019 $241,851 $1,092,364 $724,141**

Disruption of current SWAT services No Yes

Equipment sharing Shared Lakewood

Start-up cost $0 $590,150

Number of LPD personnel on SWAT 11 26

Command responsibility on SWAT Very High Lakewood

Candidate pool for SWAT Multiple

jurisdictions Lakewood

Incidents responded to by LPD per year 23 12

Incidents responded to by PCSD per year 0 0

PCSD cost per year $0 $0

Cost per incident (2019-2023) $11,112 $54,275 $48,142

LPD personnel involved in SWAT incidents 253 312

LPD training hours for SWAT 2552 6032

LPD training cost for SWAT $170,958 $404,084

Expanded workload of LPD personnel in Lakewood No Change Increase

Risk Exposure for LPD operating in SWAT outside of Lakewood

Very High Very Low

Overall exposure to risk from SWAT for Lakewood Very High Medium

Punitive Damage Liability exposure Not shared Lakewood

Punitive award coverage determination Each City Council City Council

More equitable allocation of liability /risk exposure No Lakewood

Budgetary transparency No Yes

Control of policy and training OC Lakewood

Control of community relations Shared Lakewood

Ability to monitor Limited Yes

Ability to perform audit Limited Yes

Type of incident response Any Any

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Option 7 (A): Develop a LPD SWAT Team – Tier 1

TABLE BB Total Cost (2019) and Capabilities - Option 7 (A): LPD SWAT – Tier 1

Start-Up Cost

Annual Equipment

Cost

Total Personnel

Total Training

Cost

PCSD Contract

Cost

Total Cost 2019

Incident Response

Capabilities

Option 1: No Change

None $0

Medium-High

$40,200

Medium-Low

11 personnel

Medium-Low $170,959

None $0

Low $241,851

All Incidents

Option 7: LPD SWAT - Tier 1

Very High $590,150

Very High $60,195

Very High 26 personnel

Very High $404,084

None $0

Very High $1,092,364 $724,141**

All Incidents

TABLE BC

Risk Exposure: Option 7 (A), LPD SWAT – Tier 1

Frequency to

exposure: Numb. Of call-outs

Frequency to exposure:

LPD at call-outs annually

Frequency to exposure: Command

Responsibility

Severity of Losses: Wrongful/Negligent

Actions

Severity of Losses: Punitive Damages

Overall Risk

Rating

Option 1: No Change

Very High 23

Very High 253 LPD personnel

Very High Always had command

responsibility

Very High Liability not shared

Very High Liability not

shared

Very High

Option 7 (A): LPD SWAT -- Tier 1

Medium 12

Very High 312 LPD personnel

Very High Command

Responsibility

Medium-High Liability Lakewood’s

responsibility but more callouts and personnel

Medium-High Liability

Lakewood’s responsibility

but more callouts and personnel

Medium-High

Overview: The City could develop a LPD SWAT Team – Tier 1. This team per NTOA standards would have a minimum of 26 members, including 1 Team Commander, 3 Team Leaders, 4 Snipers, and 18 Operators. Per NTOA a LPD SWAT Team -- Tier 1 would be capable of handling the following incident responses and missions:

• Barricaded subject operations; • Sniper operations; • High risk warrant services; • High risk apprehension services; • High risk security operations; • Terrorism response operations; • Emergency Hostage Rescue; and • Planned Hostage Rescue.

Risk Assessment: The overall risk rating for this option is “medium-high,” see Table BC. The exposure to risk the City would assume under this option would be lower than what it currently assumes as part of Metro SWAT. This option would allow Lakewood to reduce its exposure to risk by:

1) Reducing the number of SWAT callouts LPD personnel are involved in; and

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Option 7 (A): Develop a LPD SWAT Team – Tier 1

2) Minimizing, if not eliminating, SWAT operations outside of the City.

While Lakewood personnel would respond to fewer callouts, the team would require more LPD personnel and the City would be solely liable for the actions of LPD personnel on the team. Updated Forecast: Table BD provides an updated forecast for Option 7 (A): SWAT Team – Tier 1 for 2019 to 2023. Table BE provides an itemized updated forecast that details start-up costs, personnel overtime, annual equipment costs, and personnel training costs. These forecasts assume the following:

• LPD SWAT trains a total of 232 hours per person per a year; • 26 LPD serve on the LPD SWAT; • There are 12 LPD SWAT call-outs per year; • The average call-out lasts one hour and thirteen minutes; • Equipment costs increased by 1.5 to account for loss of cost sharing; • LPD personnel are paid $66.99 an hour for regular time and $100.49 an hour for overtime;

and • Costs of services inflate 3% annually.

TABLE BD

Updated Forecast Option 7 (A): LPD SWAT – Tier 1, 2019-2023

Operating budget $2,666,321

Personnel Equipment (for 15 additional LPD officers) $252,750

Team Equipment $337,400

TOTAL $3,138,521

TABLE BE

Updated Forecast - Itemized Option 7 (A): LPD SWAT - Tier 1, 2019-2023

Year

One Time Team

Start-Up Cost

26 LPD Personnel Overtime

LPD Equipment

26 LPD Personnel

Training Cost

Total SWAT Annual

Cost

2019 $590,150 $37,935 $60,195 $404,084 $1,092,364

2020 - $39,073 $62,001 $416,206 $517,280

2021 - $40,245 $63,861 $428,692 $532,799

2022 - $41,453 $65,777 $441,553 $548,783

2023 - $42,696 $67,750 $454,800 $565,246

TOTAL $3,256,471 One Time Start-Up costs: In addition to annual equipment costs, this option would require additional start-up monies to adequately develop a LPD SWAT Team –Tier 1. LPD SWAT would need to accrue and maintain an inventory of equipment including weapons, specialty vehicles, surveillance equipment and ballistic protection to adequately equip a LPD SWAT Team – Tier 1. Table BF lists the additional individual equipment the 15 additional LPD personnel necessary to operate a LPD SWAT Team – Tier 1. Table BG lists the additional team equipment that would be necessary.

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Option 7 (A): Develop a LPD SWAT Team – Tier 1

TABLE BF Option 7 (A): LPD SWAT – Tier 1 - Equipment for 15 additional LPD personnel

Item Approximate Cost Per Officer

Total Cost for 15 additional LPD

Officers Ballistic Helmet, Level IIIA, complete $800 $12,000 Ballistic Vest complete with Level IIIA soft panels and Level III/IV rifle plates, pouches, etc.

$2,500 $37,500

Entry rifle, complete with optics, white light, visible/IR laser, sling, etc.

$3,000 $45,000

Tactical uniform, Crye Precision, shirt and trousers (x2)

$500 $7,500

Personal Protective Equipment (safety glasses, gloves, etc.)

$200 $3,000

Pistol belt, holster, magazine pouches $300 $4,500 Chemical agent mask/protective respirator with voice emitter

$900 $13,500

Integrated radio communications headset/ electronic hearing protection

$1,500 $22,500

Night Vision Goggles for low-light operations (dual-tube)

$7,000 $105,000

Individual Trauma-Aid Kit $150 $2,250 Approximate Total Cost Per Officer $16,850 $252,750

TABLE BG Option 7 (A): LPD SWAT – Tier 1, Team Equipment

Item Approximate Cost Per Unit

Total Cost

Lenco “Bearcat” Rescue Vehicle $250,000 $250,000 Digital “pole cam” tactical surveillance camera (x2) $5,000 $10,000 Ballistic Shields, Level IIIA (pistol-rated) (x3) $3,200 $9,600 Ballistic Shield, Level III/IV (rifle rated) (x2) $3,900 $7,800 Mechanical Breaching Equipment – rams, sledges, Halligan tools, rake/break tool, etc. (on-hand)

$2,000 $2000

Tactical Robot (on-hand) $30,000 30,000 Team Trauma-Aid Kit (x4) $500 $1,000

Precision Marksman Rifles (complete with magnified optics) (x2)

$5,500 11,000

Low-light Observation Scope, snipers( x2) $8,000 $16,000 Approximate Team Equipment Costs $337,400

Total Team Equipment Costs without a Lenco Bearcat rescue vehicle $87,400 The Lenco “Bearcat” Rescue Vehicle is the single largest one-time equipment cost. If the City were to not need a Bearcat, it would significantly reduce the overall cost of forming a LPD SWAT Team – Tier 1 see Table BH

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Option 7 (A): Develop a LPD SWAT Team – Tier 1

TABLE BH Updated Forecast - Itemized

Option 7 (A): LPD SWAT - Tier 1 2019-2023

*Without a Lenco Bearcat rescue vehicle*

Year

One Time Team

Start-Up Cost

26 LPD Personnel Overtime

LPD Equipment

26 LPD Personnel

Training Cost

Total SWAT Annual

Cost

2019 $222,200 $37,935 $60,195 $404,084 $724,141

2020 - $39,073 $62,001 $416,206 $517,280

2021 - $40,245 $63,861 $428,692 $532,799

2022 - $41,453 $65,777 $441,553 $548,783

2023 - $42,696 $67,750 $454,800 $565,246

TOTAL $2,888,521 Feasibility: Dependent on the level of resources the City is willing to allocate to this service. Advantages and Disadvantages: Table BI provides a brief list of the potential advantages and disadvantages of Option 7 (A): LPD SWAT Team – Tier 1.

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Option 7 (A): Develop a LPD SWAT Team – Tier 1

TABLE BI Option 7 (A): LPD SWAT Team – Tier 1 Potential Advantages and Disadvantages

Potential Advantages Expands training opportunities of LPD Does not create another governmental entity Budgetary accountability for SWAT Reduces liability exposure for City Expands workload of LPD in Lakewood Increases number of LPD personnel trained LPD operate in Lakewood only Control of command and operations Control of personnel Control of public relations Control of standard and policies Control of SWAT team mobilization Control of training LPD remains a full service police department Team is capable of responding to all incidents

Potential Disadvantages No ability to share equipment Significant start-up and annual costs; most expensive option Smaller pool of candidates for team selection Possible disruption in current service levels

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Option 7 (B): Develop a LPD SWAT Team – Tier 2

Option 7 (B) – Develop a LPD SWAT Team – Tier 2

TABLE BJ

Quick Reference & Comparison

Option 1: No Change

Option 7 (B): LPD SWAT – Tier 2

Total Cost for SWAT services 2019-2023 $1,278,986 $2,506,707

Total Cost for 2019 $241,851 $855,409 $605,409

Disruption of current SWAT services No Yes

Equipment sharing Shared Lakewood

Start-up cost $0 $472,200

Number of LPD personnel on SWAT 11 19

Command responsibility on SWAT Very High Lakewood

Candidate pool for SWAT Multiple jurisdictions Lakewood

Incidents responded to by LPD per year 23 12

Incidents responded to by PCSD per year 0 0

PCSD cost per year $0 $0

Cost per incident (2019-2023) $11,112 $41,778 $36,488

LPD personnel involved in SWAT incidents 253 228

LPD training hours for SWAT 2552 4408

LPD training cost for SWAT $170,958 $295,292

Expanded workload of LPD personnel in Lakewood No Change Increase

Risk Exposure for LPD operating in SWAT outside of Lakewood Very High Very Low

Overall exposure to risk from SWAT for Lakewood Very High Medium

Punitive Damage Liability exposure Not shared Lakewood

Punitive award coverage determination Each City Council City

Council

More equitable allocation of liability /risk exposure No Lakewood

Budgetary transparency No Yes

Control of policy and training OC Lakewood

Control of community relations Shared Lakewood

Ability to monitor Limited Yes

Ability to perform audit Limited Yes

Type of incident response Any No Planned hostage

rescue

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Option 7 (B): Develop a LPD SWAT Team – Tier 2

TABLE BK Total Cost (2019) and Capabilities: Option 7 (B): LPD SWAT – Tier 2

Start-Up Cost

Annual Equipment

Cost

Total Personnel

Total Training

Cost

PCSD Contract

Cost

Total Cost 2019

Incident Response

Capabilities

Option 1: No Change

None $0

Medium-High

$40,200

Medium-Low

11 personnel

Medium-Low $170,959

None $0

Low $241,851 All Incidents

Option 7: LPD SWAT-- Tier 2

Very High $472,200

Very High $60,195

High 19 personnel

High $295,292

None $0

Very High $855,409 $605,409

Most No planned

hostage incidents

TABLE BL Risk Exposure: Option 7 (B): LPD SWAT -- Tier 2

Frequency to

exposure: Numb. Of call-outs

Frequency to exposure: LPD at call-

outs annually

Frequency to exposure: Command

Responsibility

Severity of Losses:

Wrongful/Negligent Actions

Severity of Losses: Punitive

Damages

Overall Risk Rating

Option 1: No Change

Very High 23

Very High 253 LPD personnel

Very High Always had command

responsibility

Very High Liability not

shared

Very High Liability not

shared

Very High

Option 7 (B): LPD SWAT-- Tier 2

Medium 12

High 228 LPD personnel

Very High Command

Responsibility

Medium-High Liability

Lakewood’s responsibility but

more callouts and personnel

Medium-High Liability

Lakewood’s responsibility but more callouts and

personnel

Medium-High

Overview: The City could develop a LPD SWAT Team – Tier 2. This team per NTOA should have a minimum of 19 members, which should include 1 Team Commander, 2 Team Leaders, 4 Snipers, and 12 Operators. Per NTOA a LPD SWAT Team -- Tier 1 would be capable of handling the following incidents responses and missions:

• Barricaded subject operations; • Sniper operations; • High risk warrant services; • High risk apprehension services; • High risk security operations; • Terrorism response operations; and • Emergency Hostage Rescue.

This team would not be trained or staffed sufficiently to handle Planned Hostage Rescue per NTOA. The team could perform Emergency Hostage rescue per NTOA. Risk Assessment: The overall risk rating for this option is “medium-high,” see Table BL. The exposure to risk the City would assume under this option would be lower than what it currently assumes as part of Metro SWAT. This option would allow Lakewood to reduce its exposure to risk by:

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Option 7 (B): Develop a LPD SWAT Team – Tier 2

3) Reducing the number of SWAT callouts LPD personnel are involved in; and 4) Minimizing, if not eliminating, SWAT operations outside of the City.

While Lakewood personnel would respond to fewer callouts, the team would require more LPD personnel and the City would be solely liable for the actions of LPD personnel on the LPD SWAT Team - Tier 2. Updated Forecast: Table BM lists the total forecast cost for Option 7 (B) Develop a SWAT Team – Tier 2 for 2019 to 2023. Table BN provides an itemized updated forecast that details start-up costs, personnel overtime, annual equipment costs, and personnel training costs. These forecasts assume the following:

• LPD SWAT trains a total of 232 hours per person per a year; • 19 LPD serve on the LPD SWAT; • There are 12 LPD SWAT call-outs per year; • The average call-out lasts one hour and thirteen minutes; • Equipment costs increased by 1.5 to account for loss of cost sharing; • LPD personnel are paid $66.99 an hour for regular time and $100.49 an hour for overtime;

and • Costs of services inflate 3% annually.

TABLE BM

Updated Forecast Option 7 (B): LPD SWAT -- Tier 2, 2019-2023

Operating budget $2,034,507 Personnel Equipment (for 8 additional LPD officers) $134,800 Team Equipment $337,400

TOTAL $2,506,707

TABLE BN Updated Forecast - Itemized

Option 7 (B): LPD SWAT - Tier 2, 2019-2023

Year

One Time Team Start-

Up Costs

LPD Personnel Overtime

LPD Equipment

LPD Personnel Training

Cost

Total SWAT Annual Cost

2019 $472,200 $27,722 $60,195 $295,292 $855,409 2020 - $28,553 $62,001 $304,151 $394,705 2021 - $29,410 $63,861 $313,275 $406,546 2022 - $30,292 $65,777 $322,673 $418,743 2023 - $31,201 $67,750 $332,354 $431,305

TOTAL $2,506,707 One Time Team Start-Up Costs: In addition to annual equipment costs, this option would require additional start-up monies to adequately equip a LPD SWAT Team. A LPD SWAT Team would need to maintain an inventory of equipment including weapons, specialty vehicles, surveillance equipment and ballistic protection. Table BO lists the additional individual equipment necessary. Table BP lists the additional team equipment necessary.

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Option 7 (B): Develop a LPD SWAT Team – Tier 2

TABLE BO

Option 7 (B): LPD SWAT - Tier 2, Equipment for 8 additional LPD personnel Item Approximate Cost

Per Officer Total Cost per 8

new Officers Ballistic Helmet, Level IIIA, complete $800 $6,400 Ballistic Vest complete with Level IIIA soft panels and Level III/IV rifle plates, pouches, etc.

$2,500 $20,000

Entry rifle, complete with optics, white light, visible/IR laser, sling, etc.

$3,000 $24,000

Tactical uniform, Crye Precision, shirt and trousers (x2)

$500 $8,000

Personal Protective Equipment (safety glasses, gloves, etc.)

$200 $1,600

Pistol belt, holster, magazine pouches $300 $2,400 Chemical agent mask/protective respirator with voice emitter

$900 $7,200

Integrated radio communications headset/ electronic hearing protection

$1,500 $12,000

Night Vision Goggles for low-light operations (dual-tube)

$7,000 $56,000

Individual Trauma-Aid Kit $150 $1,200 Approximate Total Cost Per Officer $16,850 $138,800

TABLE BP Option 7 (B): LPD SWAT - Tier 2, Team Equipment Item Approximate Cost

Per Unit Total Cost

Lenco “Bearcat” Rescue Vehicle $250,000 $250,000 Digital “pole cam” tactical surveillance camera (x2)

$5,000 $10,000

Ballistic Shields, Level IIIA (pistol-rated) (x3) $3,200 $9,600 Ballistic Shield, Level III/IV (rifle rated) (x2) $3,900 $7,800 Mechanical Breaching Equipment – rams, sledges, Halligan tools, rake/break tool, etc. (on-hand)

($2,000) 2000

Tactical Robot (on-hand) $30,000 30,000 Team Trauma-Aid Kit (x2) $500 $1,000 Precision Marksman Rifles (complete with magnified optics) (x2)

$5,500 11,000

Low-light Observation Scope, snipers (x2) $8,000 $16,000 Approximate Team Equipment Costs $337,400

Total Team Equipment Costs without a Lenco Bearcat rescue vehicle $87,400 The Lenco “Bearcat” Rescue Vehicle is the single largest one-time equipment cost. If the City were to not need a Bearcat, it would significantly reduce the overall cost of forming a LPD SWAT Team – Tier 2 see Table BQ.

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Option 7 (B): Develop a LPD SWAT Team – Tier 2

TABLE BQ

Updated Forecast - Itemized Option 7 (B): LPD SWAT - Tier 2

2019-2023 *Without a Lenco Bearcat rescue vehicle*

Year

One Time Team

Start-Up Cost

26 LPD Personnel Overtime

LPD Equipment

26 LPD Personnel

Training Cost

Total SWAT Annual

Cost 2019 $222,200 $27,722 $60,195 $295,292 $605,409 2020 - $28,553 $62,001 $304,151 $394,705 2021 - $29,410 $63,861 $313,275 $406,546 2022 - $30,292 $65,777 $322,673 $418,743 2023 - $31,201 $67,750 $332,354 $431,305

TOTAL $2,256,707 Feasibility: Dependent on the level of resources the City is willing to allocate to this service. Advantages and Disadvantages: Table BR provides a brief list of the potential advantages and disadvantages to Option 6 (B): LPD SWAT Team – Tier 2.

TABLE BR Potential Advantages and Disadvantages Option 7 (B): LPD SWAT Team – Tier 2

Potential Advantages Expands training opportunities of LPD Does not create another governmental entity Budgetary accountability Reduces liability exposure for City Expands workload of LPD in Lakewood LPD operates in Lakewood only Control of command and operations Control of personnel Control of public relations Control of standard and policies Control of SWAT team mobilization Control of training LPD remains a semi-full service department Team is capable of responding to most incidents

Potential Disadvantages No equipment sharing No Planned Hostage rescue Significant start-up and annual costs Smaller pool of candidates for team selection Possible disruption in current service levels

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Option 7 (C): Develop a joint SWAT Team with select jurisdictions

Option 7(C): Develop a joint SWAT Team – Tier 2 with select jurisdictions. Overview: Developing a stand-alone LPD SWAT team would be an expensive and resource intensive endeavor for the City to undertake on its own. To reduce the overall start-up costs necessary for developing a new SWAT team, the City could form a joint SWAT team with jurisdictions amendable to Section 15, Liabilities for Indemnification and Defense from Third Party Claims, as formulated in draft revised ILA. This option would provide for more equitable sharing of exposure to risk and liabilties. Notably, this option would require some upfront costs as additional team equipment would be necessary to adequately develop and maintain a joint SWAT team.

TABLE BS

Quick Reference & Comparison

Option 1: No Change

Option 7: Joint SWAT –

Tier 2 Total Cost for SWAT services 2019-2023 $1,278,986 $1,500,840

Total Cost for 2019 $241,851 $410,521 $288,021

Disruption of current SWAT services No Yes

Equipment sharing Shared Shared

Start-up cost $0 $199,066

Number of LPD personnel on SWAT 11 11

Command responsibility on SWAT Very High Shared

Candidate pool for SWAT Multiple

jurisdictions Jurisdictions that join

Incidents responded to by LPD per year 23 18

Incidents responded to by PCSD per year 0 0

PCSD cost per year $0 $0

Cost per incident (2019-2023) $11,122 $14,671 $13,446

LPD personnel involved in SWAT incidents 253 198

LPD training hours for SWAT 2552 2552

LPD training cost for SWAT $170,958 $170,958

Expanded workload of LPD personnel in Lakewood No Change Increase Risk Exposure for LPD operating in SWAT outside of Lakewood

Very High Medium

Overall exposure to risk from SWAT for Lakewood Very High Medium-High

Punitive Damage Liability exposure Not shared Shared

Punitive award coverage determination Each City Council Independent Counsel

More equitable allocation of liability /risk exposure No Yes

Budgetary transparency No Yes

Control of policy and training OC Shared

Control of community relations Shared Shared

Ability to monitor Limited Yes

Ability to perform audit Limited Yes

Type of incident response Any No emergency hostage

rescue

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Option 7 (C): Develop a joint SWAT Team with select jurisdictions

TABLE BT Total Cost (2019) and Capabilities: Option 7 (C): Joint SWAT – Tier 2 (LPD/JXPD)

Start-Up Cost

Annual Equipment Cost (2019)

Total Personnel

Total Training

Cost

PCSD Contract Cost

Total Cost 2019

Incident Response

Capabilities

Option 1: No Change

None $0

Medium-High

$40,200

Medium-Low 11 personnel

Medium-Low

$170,959

None $0

Low $241,851

All Incidents

Option 7: LPD/JXPD SWAT - Tier 2

Medium-Low

$165,326

High $50,163

Medium 11 personnel

Medium $170,959

None $0

Medium $410,521 $288,021

Most No planned

hostage incidents

TABLE BU Risk Exposure: Option 7 (C): Joint SWAT – Tier 2 (LPD/JXPD)

Frequency to exposure: Numb. Of call-outs

Frequency to exposure:

LPD at call-outs annually

Frequency to exposure: Command

Responsibility

Severity of Losses:

Wrongful/Negligent Actions

Severity of Losses: Punitive Damages

Overall Risk

Rating

Option 1: No Change

Very High 23

Very High 253 LPD personnel

Very High Always had command

responsibility

Very High Liability not

shared

Very High Liability not

shared

Very High

Option 7 (C): Joint SWAT -- Tier 2

Medium-High

20

Medium 198 LPD personnel

Very High Command

Responsibility

Medium Liability sharing

Medium Liability sharing

Medium-High

For illustrative purposes, this example assumes that a jurisdiction, or several jurisdictions, join Lakewood to form a SWAT Team – Tier 2. This jurisdiction(s) will be termed “Jurisdiction(s) X.” Jurisdiction(s) X has a population of 62,000, a Police Department size of 110 officers, and an average of 8.5 callouts per year. Per NTOA, a SWAT Team –Tier 2 should have a minimum of 19 members, which should include 1 Team Commander, 2 Team Leaders, 4 Snipers, and 12 Operators. This SWAT Team would be capable of handling the following incident and missions:

• Barricaded subject operations; • Sniper operations; • High risk warrant services; • High risk apprehension services; • High risk security operations; • Terrorism response operations; and • Emergency Hostage Rescue.

This team per NTOA standards would not be trained or sufficiently staffed to handle Planned Hostage Rescue. This team could perform Emergency Hostage Rescue per NTOA standards.

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Option 7 (C): Develop a joint SWAT Team with select jurisdictions

Table BU lists the proportionate distribution of officers on a potential joint SWAT team based on Lakewood and Jurisdiction(s) X’s population, police department strength, and number of SWAT callouts over the last two years.

Risk Assessment: The overall risk rating for this option is “medium-high,” see Table BU. The exposure to risk the City would assume under this option would be lower than what it currently assumes as part of Metro SWAT. This option would allow Lakewood to reduce its exposure to risk by:

1) Reducing the number of SWAT callouts LPD personnel are involved in; 2) Reducing, but not eliminating, LPD operations outside of the City; 3) Allowing the proportionate sharing of claims; and 4) Allowing the proportionate sharing of punitive liability, if and only if, an Independent Council

makes a determination upon review that the Metro Team officer acted, or failed to act, in the performance of duties of their position without actual malice and in the apparent best interest of the public entity for which they were serving.

While LPD personnel would respond to fewer callouts than they do currently, this team would respond to more call outs than Option 6(A), Option 6 (B) Option 7(A) and Option 7 (B). However, unlike the two previous SWAT team options, this team would not require additional LPD personnel if Jurisdiction(s) X were of similar population size to Lakewood. Liability would be shared proportionately among member jurisdictions based on population size and SWAT usage. Updated Forecast: Table BV lists the forecast cost for Option 7: LPD / Jurisdiction(s) X SWAT Team – Tier 2 for 2019 to 2023. Table BT provides an itemized breakdown of this forecast, including equipment and training costs. These forecasts assume the following:

• LPD and JXPD SWAT Team trains a total of 232 hours per person per a year; • 11 LPD and 11 Jurisdiction(s) X personnel serve on the SWAT team; • There are 18 SWAT call-outs per year; • Lakewood and Jurisdiction(s) X split the start-up cost of $337,400, Lakewood pays 49% and

Jurisdiction X pays 51% of the start-up costs; • The average call-out lasts one hour and thirteen minutes; • Equipment costs increased by 1.25 to account for loss of cost sharing; • LPD personnel are paid $66.99 an hour for regular time and $100.49 an hour for overtime;

and • Costs of services inflate 3% annually.

TABLE BV LPD /Jurisdiction X - SWAT Team Officer Distribution by Proportion

Lakewood Jurisdiction(s) X Lakewood Percentage

Jurisdiction(s) X Percentage

Lakewood Personnel

Proportionate

Jurisdiction(s) X Personnel

Proportionate Population 59,350 62,040 49% 51% 10 11 Police Dept. Size

116 109 52% 48% 11 10

SWAT Callouts per year (2016-2017)

10 8.5 54% 46% 11 10

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Option 7 (C): Develop a joint SWAT Team with select jurisdictions

TABLE BV Updated Forecast

Option 7 (C): Joint SWAT – Tier 2 (LPD/JXPD) Operating budget $1,301,774 Personnel Equipment $0 Lakewood Team Equipment Cost $168,326

TOTAL $1,467,099

TABLE BW Updated Forecast – Itemized

Option 7 (C): Joint SWAT – Tier 2 (LPD/JXPD) Year One Time

Team Start-Up

Cost

LPD Personnel Overtime

LPD Equipment

LPD Personnel Training

Cost

Total SWAT Annual Cost

2019 $165,326 $24,074 $50,163 $170,958 $410,521 2020 - $24,796 $51,667 $176,087 $252,550 2021 - $25,540 $53,217 $181,370 $260,127 2022 - $26,307 $54,814 $186,811 $267,932 2023 - $27,096 $56,458 $192,415 $275,969

TOTAL $1,467,100 One Time Team Start-Up Cost: In addition to annual costs, this option would require additional start-up monies to adequately equip a LPD and JXPD SWAT Team – Tier 2. No additional individual equipment cost would be necessary for the City under this option as the City would maintain it’s the same level of personnel as they do on Metro SWAT, a total of 11 officers. Table BX lists the additional team equipment that would be necessary. This equipment should be split proportionately between Jurisdiction X (51%) and the City (49%).

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Option 7 (C): Develop a joint SWAT Team with select jurisdictions

TABLE BX Option 7 (C): Joint SWAT – Tier 2 (LPD/JXPD), Team Equipment

Item Approximate Cost Per Unit

Total Cost

Lenco “Bearcat” Rescue Vehicle $250,000 $250,000 Digital “pole cam” tactical surveillance camera

$5,000 $10,000

Ballistic Shields, Level IIIA (pistol-rated) $3,200 $9,600 Ballistic Shield, Level III/IV (rifle rated) $3,900 $7,800 Mechanical Breaching Equipment – rams, sledges, Halligan tools, rake/break tool, etc. (on-hand)

$2,000 $2,000

Tactical Robot (on-hand) $30,000 $30,000 Team Trauma-Aid Kit $500 $1,000 Precision Marksman Rifles (complete with magnified optics) (x2)

$5,500 $11,000

Low-light Observation Scope, snipers $8,000 $16,000 Approximate Team Equipment Costs $337,400

Lakewood Team Equipment Cost $165,326 Jurisdiction(s) X Team Equipment Cost $172,074

The Lenco “Bearcat” Rescue Vehicle is the single largest one-time equipment cost. If the City were to not need a Bearcat, it would significantly reduce the overall cost of forming a Joint SWAT Team – Tier 2 with LPD and JXPD, see Table BY.

TABLE BY Updated Forecast - Itemized

Option 7 (B): LPD SWAT - Tier 2 2019-2023

*Without a Lenco Bearcat rescue vehicle*

Year

One Time Team

Start-Up Cost

26 LPD Personnel Overtime

LPD Equipment

26 LPD Personnel

Training Cost

Total SWAT Annual

Cost 2019 $42,826 $24,074 $50,163 $170,958 $288,021 2020 - $24,796 $51,667 $176,087 $252,551 2021 - $25,540 $53,217 $181,370 $260,128 2022 - $26,307 $54,814 $186,811 $267,931 2023 - $27,096 $56,458 $192,415 $275,969

TOTAL $1,344,599 Feasibility: Dependent on the level of resources the City is willing to allocate to this service and other jurisdiction’s interest level in pursuing this option. Advantages and Disadvantages: Table BZ provides a brief list of the potential advantages and disadvantages to Option 7 (C): LPD and JXPD SWAT Team – Tier 2.

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Option 7 (C): Develop a joint SWAT Team with select jurisdictions

TABLE BZ

Potential Advantages and Disadvantages Option 7 (C): Joint SWAT – Tier 2 (LPD/JXPD)

Potential Advantages Maintains training opportunities of LPD Does not create another governmental entity Increases budgetary accountability More equitable cost sharing More equitable liability sharing Reduces liability exposure for City Expands workload of LPD in Lakewood More control of command and operations More control of personnel More control of public relations More control of standard and policies More control of SWAT team mobilization More control of training LPD remains a full service department Capable of responding to most incidents Some ability to share equipment /cost of equipment

Potential Disadvantages LPD operates in Lakewood and Jurisdiction(s) X Possible disruption in current service levels Smaller pool of candidates for team selection Significant start-up and annual costs

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Option 9: Re-organize Metro SWAT as a separate entity (PDA)

OPTION 9: RE-ORGANIZE METRO SWAT AS A SEPARATE ENTITY (SUCH AS A PUBLIC DEVELOPMENT AUTHORITY)

The City could reorganize Metro SWAT into a separate entity, such as a Public Development Authority.

TABLE CA

Quick Reference & Comparison

Option 1: No Change

Option 9: Metro SWAT PDA

Total Cost for SWAT services 2019-2023 $1,278,986 $1,278,986 - $1,500,840

Total Cost for 2019 $241,851 Approx. $250,00

Disruption of current SWAT services No Yes

Equipment sharing Shared Shared

Start-up cost $0 $0

Number of LPD personnel on SWAT 11 11

Command responsibility on SWAT Very High (?)

Candidate pool for SWAT Multiple

jurisdictions Multiple jurisdictions

Incidents responded to by LPD per year 23 23

Incidents responded to by PCSD per year 0 0

PCSD cost per year $0 $0

Cost per incident: 2019 Total Cost / by total # of incidents $11,122 $11,122

LPD personnel involved in SWAT incidents 253 253

LPD training hours for SWAT 2552 2552

LPD training cost for SWAT $170,958 $170,958

Expanded workload of LPD personnel in Lakewood No Change Some change?

Risk Exposure for LPD operating in SWAT outside of Lakewood Very High (?)

Overall exposure to risk from SWAT for Lakewood Very High (?)

Punitive Damage Liability exposure Not shared Potentially shared

Punitive award coverage determination Each City Council TBD

More equitable allocation of liability /risk exposure No TBD

Budgetary transparency No TBD

Control of policy and training OC OC / Board of

Directors

Control of community relations Shared PDA

Ability to monitor Limited Limited

Ability to perform audit Limited Limited

Type of incident response Any Any

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Option 9: Re-organize Metro SWAT as a separate entity (PDA)

TABLE CB

Total Cost (2019) and Capabilities: Option 10, Metro SWAT PDA Start-Up

Cost Annual

Equipment Cost

Total Personnel

Total Training Cost

PCSD Contract Cost

Incident Response

Capabilities

Option 1: No Change

None $0

Medium-High

$40,200

Medium-Low 11 personnel

Medium-Low $170,959

None $0 All Incidents

Option 9: PDA

None $0

Medium-High

40,200

Medium-Low 11 personnel

Medium-Low $170,959

None $0 All Incidents

TABLE CD

Risk Exposure: Option 10, SWAT PDA

Frequency to

exposure: Numb. Of call-outs

Frequency to exposure:

LPD at call-outs annually

Frequency to exposure: Command

Responsibility

Severity of Losses:

Wrongful/Negligent Actions

Severity of Losses: Punitive Damages

Overall Liability Exposure

Option 1: No Change

Very High 23

Very High 253 LPD personnel

Very High Always had command

responsibility

Very High Liability not

shared

Very High Liability not

shared

Very High

Option 9: PDA*

Very High 23

Very High 253 LPD personnel

Very High/High Command

Responsibility

Very High/High (?)

Very High/High

(?)

Very High/High

(?) *Liability sharing for a PDA is TBD based on the PDA’s charter/by-laws.

Overview: Another option for continuing with Metro SWAT would be to reorganize Metro SWAT as a special purpose, quasi-municipal corporation, such as a Public Development Authority (PDA). By doing this, Metro SWAT would be made into a separate legal entity. While Washington state law does not explicitly authorize multijurisdictional PDAs, jurisdictions can create a multijurisdictional governmental agency to authorize the joint undertaking of a PDA’s operations and maintenance. To do so, the PDA’s chartering jurisdiction would need to execute an Interlocal agreement with other “member cities” to provide for multijurisdictional involvement, including representation on the governing board. For example, South Correctional Entity (SCORE) was chartered by the city of Renton and has seven member cities, which include the cities of Auburn, Burien, Des Moines, Federal Way, Renton, and Tukwila. These cities collectively maintain the SCORE facility. SCORE also contracts with the cities of Bonney Lake, Everett, and Bellevue, to name a few, for jail services. Powers of the PDA can only be exercised within the boundaries of the chartering jurisdiction, unless provided by contract between that jurisdiction and other jurisdictions. Pursuant to RCW 35.21.730 et seq., PDAs are able to perform any lawful public purpose or public function that the sponsoring jurisdiction could undertake. Per RCW 35.21.740, PDAs can perform the following functions:

• Own and sell real and personal property; • Contract with other municipalities to conduct community activities; • Contract with individuals, associations, and corporations, and the state and the United States; • Sue and be sued;

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Option 9: Re-organize Metro SWAT as a separate entity (PDA)

• Loan and borrow funds and issue bonds and other instruments evidencing indebtedness; • Transfer any funds, real or personal property interests or services; and • Do anything natural a person may do; and • Perform all types of community services.

PDAs do not have the authority for the following powers:

• Eminent domain; and • To levy taxes or special assessments.

PDAs can borrow funds or issue tax-exempt bonds. Typically, revenue bonds are backed by a city or county guarantee or contingent loan agreement. PDAs are subject to many of the legal requirements of the sponsoring agency, such as compliance with public records request, open public meetings, competitive bidding, etc. Often involving private sector participants, PDAs are generally more entrepreneurial in nature than their sponsoring cities or counties. PDAs are typically created for a specific project and/or the day-to-day management of a special enterprise. Several examples of the development and management of a single, large scale project by a PDA are: a convention center (Bellevue Convention Center Authority, created by the city of Bellevue); a museum (Museum Development Authority of Seattle, created by the city of Seattle); and a correctional facility (South Correctional Entity Facility PDA, created by the city of Renton). PDAs are typically staffed by employees who work for the PDA regardless of their jurisdiction of origin. For example, South Correctional Entity Facility PDA (SCORE) correctional officers are employees of SCORE, not the city of Renton or any other member city. A full-time employee model, like SCORE, could not be replicated by a Metro SWAT PDA without producing significant diseconomy of scale, i.e., the jurisdictions that make up Metro SWAT do not have the SWAT callout volume to warrant a full time SWAT team and as such, personnel resources would be significantly underutilized. Additionally, the nature of SWAT work is reactive; SWAT members are called into action in response to emergent public safety situations. For this reason, employment divided between an independent SWAT entity and a City presents significant challenges. Making such assignments by calendar is not responsive to the need and trying to track exactly when an employee shifted from SWAT to the City and back is both challenging and potentially controversial between member cities. Thus the part-time employee model is not ideal. Also, as noted above, PDAs are subject to many of the legal requirements of the sponsoring agency, such as compliance with public records request, open public meetings, competitive bidding, etc. This would add the need for additional level of personnel within the PDA to fulfill these legal requirements. This leaves the City choosing between continued exposure to liability related to SWAT actions through employees that remain at least partially City employees or giving up full FTEs to avoid that liability and having to replace each employee expended to the PDA in full FTE increments, losing previous economies of scale. If Metro SWAT were to re-organize as a PDA, one jurisdiction would need to take the lead, acting as the PDA charter jurisdiction. To do this, the legislative body of the charter jurisdiction would need to establish the PDA through an ordinance or resolution approving the creation of a PDA, its charter, and its bylaws. The charter would need to include the PDA’s name, scope of the project or purpose, the term of the PDA (which can be indefinite for general endeavors), governing body composition, size, and nomination process, and would be required to oversee and control the PDA’s operations and funds to correct any deficiencies and to assure that the purposes of the PDA are undertaken and reasonably accomplished. In addition to the charter jurisdiction, other “member jurisdictions” could enter into an Interlocal agreement to form a governmental administrative agency to establish and maintain services provided by the PDA. As a separate entity, provisions could be crafted in the charter that all liabilities incurred by the PDA would be satisfied solely by the assets of the PDA, meaning

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Option 9: Re-organize Metro SWAT as a separate entity (PDA)

that no creditors would have the right of action or recourse against any member jurisdiction. If this option is pursued the charter could also include provisions that require that the board of directors (or whatever governing body is established through charter) be composed of representatives designated from each member city, similar to SCORE. The board of directors would govern the operations and affairs of the PDA. As such, the board of directors would have the ability to contract with local governments or individuals for services provided by the PDA.

Example: PDA establishment - SCORE:

PDA Charter jurisdiction

Leglislative body of PDA Charter Jurisdiction: Adopts Charter

"Member juridictions" Adopt PDA ILA

PDA

Board of Directors

Employees

Contracts w/ other jurisdictions

Renton

Renton City Council

Auburn, Burien,Des Moines, Federal Way, SeaTac,

Tukwila

PDA: SCORE

Board of Directors

Employees

Contracts w/ other jurisdictions

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Option 9: Re-organize Metro SWAT as a separate entity (PDA)

To the extent permitted by law, the PDA may protect, defend, hold harmless and indemnify any person who becomes a director, officer, employee or agent of the PDA, and who is a party or threatened to be made a party to a proceeding by reason related to that person' s conduct as a director, officer, employee or agent of the PDA, against judgments, fines, penalties, settlements and reasonable expenses (including attorneys' fees) incurred by him or her in connection with such proceeding, if such person acted in good faith and reasonably believed his or her conduct to be in the PDA' s best interests and if, in the case of any criminal proceedings, he or she had no reasonable cause to believe his or her conduct was unlawful. The PDA may purchase and maintain appropriate insurance for any person to the extent provided by the applicable law. Importantly, a PDA may not incur or create any liability that permits recourse by any contracting parties or members of the public to any assets, services, resources, or credit of the charting or member Cities. A corollary of this is that a PDA would require the capacity to fund the payment of any judgement, fines, penalties, settlements, and reasonable expenses it elected to cover. While insurance providers of a PDA would cover compensatory damages, finding an insurance provider that would be willing to cover certain punitive damages would be a herculean and expensive task-- if not an impossible one. Given this, if circumstances and judgements similar to the Thomas case were to occur, a Metro SWAT PDA would be responsible for the indemnification of its employees and contractors. If this entity elected to indemnify its employees or contractors for punitive damages based on the circumstances of the case, then that entity would be responsible for covering the award sum. Given that a Metro Team PDA would have a very limited entrepreneurial nature, member cities would likely transfer funds to the PDA on an annual, or as needed, basis to maintain the PDA. In the case of SCORE every member city pays an allocable portion of all aggregate capital and operating costs related to the SCORE facility, minus revenue received from contract cities or other sources. SCORE, notably, has robust contracts with multiple jurisdictions for a service that, while fluctuates to a certain degree, is fairly consistent over time. Importantly, SCORE has the ability to increase contract rates to make up for any short falls, in addition to increasing the overall operations and maintenance costs allocated among member cities. A Metro SWAT PDA would have very limited ability to garner subscribing agencies and their subsequent use of Metro SWAT PDA services would be minimal and sporadic. Having less potential for robust contracts, a Metro SWAT PDA would largely be sustained on funds transferred by member cities for operations and maintenance costs. While a Metro SWAT PDA would also have the ability to issue bonds to cover any short falls, these bonds would need to be backed by the full faith and credit of all member cities. Again, with the limited capacity to generate revenue, member cities would indirectly be footing the responsibility of fulfilling the debt service of any bonds issued by the PDA. Therefore, a Metro SWAT PDA would do little to diffuse charter and member jurisdictions from covering the costs of an award or settlement entered by the Metro SWAT PDA. Additionally, the ILA binding the member cities to the PDA would not provide additional securities beyond those currently present in the Metro Teams ILA or the proposed revised Metro Teams ILA. If the PDA established a precedent for categorically rejecting to indemnify employees or contractors for certain punitive damages, this would likely act as a significant deterrent for recruiting and retaining competent SWAT team personnel given the rise in, and changing landscape of, police-involved litigation.

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Option 9: Re-organize Metro SWAT as a separate entity (PDA)

Finally, a Metro SWAT PDA would also raise concerns over control of SWAT policies and activities. As a separate entity, the charter and member jurisdictions would have limited oversight and control of the Metro SWAT PDA as the day-to-day operations and management would be the responsibility of the PDA’s governing body. Appointed representatives to the PDA’s governing body are, in theory, supposed to act exclusively for that entity while working in that capacity. Forecast: It is likely that this option’s forecast for 2019-2023 would be similar to that of Option 1 and Option 2.

Feasibility: To be determined. The City has received no comments from other jurisdictions on this option beyond the initial request for more information on a potential PDA. Advantages and Disadvantages: Table CE provides a brief list of the potential advantages and disadvantages to Option 9: PDA Metro SWAT.

Charter City

Charter City’s Legislative Body

Member Cities

PDA

Board of Directors

Employees

Contracts w/ other jurisdictions

Claims/Punitive damages

$$$$

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Option 9: Re-organize Metro SWAT as a separate entity (PDA)

TABLE CE Option 9: PDA Metro SWAT

Potential Advantages and Disadvantages Potential Advantages

Maintains training opportunities for LPD May increase budgetary accountability More equitable cost sharing (?) Liability responsibility depends on PDA charter/bylaws Reduces liability exposure for City Reduces City Command responsibility (?) Larger pool of candidates for team selection Ability to share equipment No start-up costs Limited, if any, disruption in current service levels LPD operating outside of Lakewood but not as LPD

Potential Disadvantages Creates another entity, quasi municipal body with governing board Does not expanded workload of LPD in Lakewood Limited control of personnel Limited control of public relations Limited control of standard and policies Limited control of SWAT team mobilization Limited control of training LPD does not remain a full service department LPD operating outside of Lakewood but not as LPD Liability responsibility depends on how PDA is set-up Personnel issues, irregularity of calls/regular LPD schedule

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NEXT STEPS: The City seeks direction from the City Council on the SWAT service option it deems to be in the best interest of the City.

ATTACHMENTS: Attachment A – Option 2: 1 per 6,000, Revised Metro Team ILA with edits Attachment B – Letter requesting PCSD SWAT services Attachment C – Letter from PCSD regarding PCSD SWAT services Attachment D – Metro SWAT manual

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ATTACHMENT A

Red indicates language added to the current ILA. Purple indicates language added after the last Metro Team Stakeholder meeting.

INTERLOCAL COOPERATION AGREEMENT

FOR MULTIJURISDICTIONAL SPECIALTY TEAMS IN PIERCE COUNTY

THIS AGREEMENT is entered into under the Interlocal Cooperation Act

(Chapter 39.34 RCW) and the Mutual Aid Peace Officers Powers Act (chapter 10.93 RCW) between the Cities of Bonney Lake, Buckley, DuPont, Fife, Fircrest, Gig Harbor, Lakewood, Milton, Orting, Puyallup, Sumner, and the Towns of Steilacoom and Wilkeson, (the "Signatory Agencies"). Through this agreement, said Signatory Agencies agree to provide mutual aid and support for multijurisdictional specialty teams as provided herein.

WHEREAS, law enforcement agencies have the responsibility of protecting lives

and property, and keeping the peace; and

WHEREAS, a major law enforcement operation may affect more than one law enforcement agency which necessitates joint cooperation in order that persons and property may be protected and the peace maintained; and

WHEREAS, incidents of serious criminal nature or emergency do occur, or could

occur, which require a need for a specially trained and equipped team to effectively resolve the situation. These incidents create a demand upon the undersigned Signatory Agencies respective to resources which are better and more economically served by combining resources to form multijurisdictional teams collectively known as the METRO MULTIJURISDICTIONAL TEAMS (herein after “Metro Teams,” which includes but is not limited to the following teams: the CIVIL DISTURBANCE TEAM, the CRIME RESPONSE UNIT, the METRO COLLISION RESPONSE TEAM, the METRO SPECIAL WEAPONS AND TACTICS TEAM, (hereinafter “Metro SWAT”); and

WHEREAS, extra multijurisdictional sharing of resources and capabilities is the

most efficient and effective use of law enforcement resources to protect life and property; and

WHEREAS, the Signatory Agencies to this agreement were also signatory

agencies to a previously executed Interlocal Cooperation Agreement For Multijurisdictional Task Forces In Pierce County commencing in 2005; and

WHEREAS, the Signatory Agencies revised and executed the aforementioned

Interlocal Cooperation Agreement for Multijurisdictional Task Forces in Pierce County in 2016; and

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WHEREAS, it is intended that this agreement will supersede and replace all prior

agreements; and

WHEREAS, it is necessary and desirable that a cooperative agreement be executed for the purposes of effectuating mutual aid and the formation of multi- jurisdictional specialty teams;

NOW, THEREFORE, the Signatory Agencies agree as follows:

Section 1. Definitions.

For the purposes of this Agreement and all exhibits attached hereto the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory.

The following terms shall have the following meanings, unless the context indicates otherwise:

A. Assisting Agency means any or all other police agencies contacted for mutual aid by the

primarily responsible agency.

B. Authorized Representative means the ranking on-duty supervisor empowered by his/her chief law enforcement officer to act under this intergovernmental agreement.

C. Call Out means any use or mobilization of a Metro Team.

D. Chief Law Enforcement Officer means the director of public safety or police chief of a city or town which is a Signatory Agency to this agreement.

E. Civil Disturbance Team means a specialty team comprised of individual officers of the Signatory Agencies organized to respond to incidents involving or suspected of involving riots or civil unrest within a Signatory Agency’s jurisdiction.

F. Crime Response Unit means a specialty team comprised of individual officers of the Signatory Agencies organized to provide quality investigative assistance for major incidents.

G. Emergency means any occurrence, or threat thereof, whether caused by man or natural, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, and is beyond the capacity of an individual agency to effectively control.

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H. Host Agency means the Signatory Agency designated to maintain a single Metro SWAT operational budget.

I. Incident Commander means the authorized representative of the agency with primary geographic or territorial jurisdiction in which an emergency or major law enforcement operation or major incident has occurred, is occurring, or has the potential to occur.

J. Independent Counsel means an independent special prosecutor, with an appropriate level of experience with public safety related issues.

K. Major Incident means any crime or crimes, extreme civil disorder, or similar emergency event causing or having the potential to cause injury, death, or substantial property damage.

L. Major Law Enforcement Operation means the existence of an actual or suspected emergency situation which requires extraordinary and/or technical expertise, or a major crime incident which demands specialty expertise, or where additional resources are needed for effective resolution.

M. Major Law Enforcement Operation Services means services provided by a Signatory Agency or Specialty Team to a Primarily Responsible Agency.

N. Metro Multijurisdictional Team (Metro Team) means the Civil Disturbance, Crime Response Team, Metro Collision Response Team, Metro SWAT Team, or any other multijurisdictional specialty team created to meet the future needs of the Signatory Agencies. Unless specified, all references to Metro Teams includes Metro SWAT.

O. Metro Collision Response Team means a specialty team comprised of individual officers of the Signatory Agencies organized to respond to and investigate serious injury, fatality, or officer involved collisions occurring within or involving a Signatory Agency.

P. Metro SWAT Team means a specialty team comprised of individual officers of the Signatory Agencies organized to respond to situations which require additional or extraordinary tactical equipment or technology or expertise occurring within or involving any Signatory Agency.

Q. Metro SWAT Personnel Contributing Signatory Agency means a Signatory Agency

that has employee(s) assigned to or working on behalf of the Metro SWAT Team.

R. Metro SWAT Non-Personnel Contributing Signatory Agency means a Signatory Agency that is unable to provide personnel to Metro SWAT but receives Metro SWAT service provision on a compensation basis as established within this agreement.

S. Participating Cities means a Signatory Agency that has employee(s) assigned to or working on behalf of either the C rime Response Unit, Metro SWAT Team, Civil Disturbance Team and or the Metro Collision Response Team.

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T. Oversight Committee means the Executive Board composed of the Chief Law

Enforcement Officers from each of the Signatory Agencies that manages the affairs of all Metro Teams.

U. Primarily Geographic or Territorial Jurisdiction means the territorial boundaries of the city, town, or other public agency or unit of local government in which a law enforcement agency is authorized to act. Such jurisdictions include the definition contained in RCW 10.93.020, as now enacted or here after amended.

V. Primarily Responsible Agency means the law enforcement agency within whose local geographic or territorial jurisdiction an emergency, major incident, or major law enforcement operation first occurs.

W. Requesting Agency means a law enforcement agency that has requested assistance from a Metro Team to respond to an emergency, major incident, or major law enforcement operation causing or having the potential to cause injury, death, or substantial property damage.

X. Signatory Agency means the cities and towns that are a signing party to this Interlocal

Agreement, including Metro SWAT Personnel Contributing Signatory Agencies and Metro SWAT Non-Personnel Contributing Signatory Agencies.

Y. SWAT Commander means the Metro SWAT personnel responsible for directing the tactics and deployment of Metro SWAT during major incidents or major law enforcement operations.

Z. Technical expertise means the knowledge, skills and abilities possessed by personnel in investigative techniques, specialized technology and equipment use.

Section 2. Prior Agreements.

The Signatory Agencies to this agreement were also Signatory Agencies to a previously executed Interlocal Cooperation Agreement For Multijurisdictional Task Forces in Pierce County commencing in 2005 and revised in 2016. It is intended that this agreement will supersede and replace said prior agreements in their entirety.

Section 3. Objective.

The primary objective of the Metro Teams is to respond effectively and appropriately to emergencies, major incidents and/or major law enforcement operations which create, or have the potential to create, significant and higher safety risk for public safety personnel in the field and the public.

Section 4. Metro Teams.

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To provide improved law enforcement services and further the cooperation contemplated by this agreement, Met ro Multijurisdictional Specialty Teams shall be created and maintained in accordance with this agreement. Current specialty Metro Teams consist of: Crime Response Unit; Metro SWAT; Civil Disturbance Team; and Metro Collision Response Team. Other multijurisdictional teams may be created to meet the future needs of the Signatory Agencies, as necessary and at their discretion.

OVERSIGHT AND SPECIALTY TEAMS Section 5. Governance of Metro Teams.

A. Executive Board. The management and affairs of Metro Teams operating under this agreement shall be governed by an Executive Board, k n o w n a s the Oversight Committee (“OC”). The OC is composed of one representative member, consisting of the Chief Law Enforcement Officer, or his/her designee, from each Signatory Agency. 1. Each Signatory Agency member shall have one vote an equal vote and voice

regarding committee decisions. All decisions, except those related to the Metro SWAT Policy and Procedural manual, shall be made by simple majority vote of OC members appearing at the meeting in which the decision is made. Metro SWAT Policy and Procedure decisions shall require a unanimous vote from all OC members.

2. The OC may a t t h e i r d i s c r e t i o n , adopt policies, regulations, and operational procedures applicable to the Metro Teams operations and structure consistent with best practices. In addition, the OC may adopt standards for individual officer's qualifications and training requirements for selection and participation on any specialty team.

3. All Metro Teams Policy and Procedures must be signed by each OC member and the Chief Law Enforcement Officer of each respective agency.

4. Following the adoption, modification or removal of any policy and procedure, the OC shall forward copies of the Metro Team Policy and Procedures adopted, modified or removed to each of the Signatory Agencies.

5. The policies, regulations, and operational procedures in effect pursuant to the previous Interlocal agreement shall be in effect without action of the OC and until such time as they are subsequently altered by the OC.

6. At minimum, the OC shall meet once a quarter.

Section 6. Metro SWAT.

A. Policies and Procedures. Each Signatory Agency understands that Metro SWAT, when

activated in their respective jurisdictions, will act in accordance with the Metro SWAT Policy and Procedures manual, as unanimously approved by the OC. To the extent that the

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policies, regulations, and operational procedures of the Metro SWAT Team conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the Metro SWAT policies, regulations, and procedures shall prevail.

B. Team Structure. The goal of the Metro SWAT Team is to have a minimum of twenty-four (26) trained officers, including two (2) Command Level Officers (SWAT Team Commander) and three (3) Team Leaders. 1. Personnel. Each Signatory Agency shall provide one (1) officer to Metro SWAT per

every 6,000 persons per their respective jurisdiction, rounded up to the nearest whole officer. Signatory Agencies unable to provide personnel to Metro SWAT, due to the size of the jurisdiction police department’s commissioned strength and/or the ability of that police department to staff positions, shall be provided Metro SWAT services on a reimbursable, compensation basis as outlined in Section 6(C)(2).

2. Vacant positions. When subsequent attrition occurs in the Metro SWAT Team, such vacancies shall be filled based on mutually agreed to and managed selection process approved by the OC and subject to the requirements of Section 6(B)(1).

3. Team Commander. The OC will select a total of two (2) Team Commanders from two different Signatory Agencies with a rank no higher than Sargent and no lower than Lieutenant. The terms of the two Team Commanders shall be staggered. One Team Commander shall serve an initial one-year term and the other Team Commander shall serve a three-year term. After the initial one-year term, all subsequent Team Commanders will serve three year terms. Personnel from the same Signatory Agencies cannot serve consecutive terms as Team Commander. The SWAT Team Commander will recommend appointments for the position of SWAT Team Commander to the OC who shall have final approval.

4. Team Leaders. The Team Commander will select a total of three (3) Team Leaders

from at least two different Signatory Agencies. The terms of the three Team Leaders shall be staggered. One (1) Team Commander shall serve an initial one-year term and the other two (2) Team Commanders shall serve a three-year term. After the initial one-year term, all subsequent Team Commanders will serve three year terms.

5. Incident Command. Incident command shall be the responsibility of the police

department of the jurisdiction in which the incident first occurs.

C. Cost Sharing / Budget and Finance. 1. Metro SWAT Personnel contributing Signatory Agencies. The Signatory Agencies

agree to budget and finance provisions for costs incurred by or in connection with the operations of the Metro SWAT Team, in accordance with the following:

a. Host Agency. For purposes of general administration, the OC shall designate

one (1) Signatory Agency as the Host Agency. The Host Agency shall

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establish a single Metro SWAT Team operational budget. Signatory Agencies agree to leave any money left over from that calendar year in the Metro SWAT Team operational budget, which will be held in the account to supplement/augment the Metro SWAT Team organizational operations with the approval of the OC. Signatory Agencies shall provide a record of all direct and other costs to the Host Agency. For purposes of this agreement, regular salaries (on duty, straight time) and overtime salaries shall be tracked, however they will not be considered as part of the overall Metro SWAT Team operational budget unless Metro SWAT responds to an incident in a Metro SWAT Non-Personnel Contributing Signatory Agency’s jurisdiction then Section 6 (2)(C) applies.

b. Employment. Except as provided herein, all public safety personnel are deemed to be continuing employment for their respective employers when activated as members of the Metro SWAT Team. Each Signatory Agency shall be solely and exclusively responsible for the compensation and benefits for those personnel. All rights, duties, and obligations of the employer and the employee shall remain with that Signatory Agency. Each Signatory Agency shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions on any applicable collective bargaining agreements and civil service rules and regulations and its disciplinary policies and procedures.

c. Annual Operating Payment. For the purpose of developing an annual agency contribution toward Metro SWAT, Metro SWAT Personnel Contributing Signatory Agencies shall pay an annual sum as outlined below. The annual sum shall not include regular or overtime salaries. The annual sum shall be based on the total current related costs that include, operating supplies, communications, protective clothing, ammunition, equipment, travel, rentals, vehicles, and miscellaneous costs shared proportionately between all Signatory Agencies based on the average of:

i. The percentage of each Signatory Agencies’ population to the

total population of all Metro Team Signatory Agencies, per the most recent Washington Office of Financial Management (OFM) numbers, weighted as 50%; and

ii. The percentage of each Metro SWAT Signatory Agency’s call outs to the total number of Metro SWAT call outs over the most recent two-year period, weighted as 50%. Metro SWAT call outs not assigned to a specific Signatory Agency jurisdiction will be shared equally by all Signatory Agencies.

d. By May of each year, the Metro SWAT Team Commander will submit

proposed operational budget request for approval to the OC, itemizing anticipated operational needs or requests for the following budget calendar

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year. Each Signatory Agency will then submit for review and consideration the proposed operational and team/specialty training and team equipment budget via their own budget process. All equipment purchases made during the calendar year will be documented via an inventory database spreadsheet.

e. During unusual occurrences emergency expenses outside the parameters of the approved Metro SWAT Team operational budget can be unanimously approved and ratified by the OC. These expenses will be incurred only out of operational necessity (i.e., additional supplies related to Metro SWAT operation).

f. Equipment purchased by a Signatory Agency and loaned for the specific benefit and use by Metro SWAT Team shall retain ownership. Metro SWAT shall bear all responsibility related to the use of any loaned equipment.

2. Metro SWAT Non-Personnel Contributing Signatory Agencies. Metro SWAT

Non-personnel contributing Signatory Agencies shall compensate Metro SWAT through the established Host Agency in the following fashion:

a. Annual Operating Payment. For the purpose of developing an annual agency contribution toward Metro SWAT, Metro SWAT Non-Personnel Contributing Signatory Agencies shall pay an annual sum as outlined below. This cost shall be paid irrespective of the number or duration of Metro SWAT call outs within that city or town. The annual sum shall be based on the total current related operating costs that include operating supplies, communications, protective clothing, ammunition, equipment, departmental overhead, training, travel, rentals, vehicles, and miscellaneous costs shared proportionately between all Signatory Agencies based on the average of:

i. The percentage of each Signatory Agencies’ population to the

total population of all Metro Team Signatory Agencies, per the most recent Washington Office of Financial Management (OFM) numbers, weighted as 50%; and

ii. The percentage of each Metro SWAT Signatory Agency’s call outs to the total number of Metro SWAT call outs over the most recent two-year period, weighted as 50%. Metro SWAT call outs not assigned to a specific Signatory Agency jurisdiction will be shared equally by all Signatory Agencies.

b. Annual Training Offset Payment for Signatory Agencies with a

population greater than 6,000. Metro SWAT Non-personnel contributing Signatory Agencies with over 6,000 people in their jurisdiction will be charged with an additional annual cost to help cover the training salaries of

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Metro SWAT personnel. Each Metro SWAT Non-personnel contributing Signatory Agency will pay a percentage towards the overall training cost of Metro SWAT determined by a Signatory Agency’s population to the total population of all Metro Team Signatory Agencies, per the most recent Washington Office of Financial Management (OFM) numbers, divided by two. These payments will be distributed proportionately to Metro SWAT Personnel Contributing Signatory Agencies based on each jurisdiction’s respective personnel allocation on Metro SWAT.

c. Cost Per Response. Metro SWAT Non-personnel contributing Signatory Agencies shall be charged for Metro SWAT services on an hourly basis of personnel and by resources expended during the response. The time shall commence on the time such services are requested and shall end at such time as when the need for Metro SWAT services is terminated by the Team Commander or the Incident Commander. The need for services shall include whatever reasonable time is necessary for the completion of paperwork; reports, interviews or other necessary follow up work. All accounting of time by Metro SWAT shall be in increments of thirty (30) minutes. Metro SWAT shall keep account of time and resources expended per response. Payments shall be made to the Host Agency. Hourly personnel charges will be returned to each Metro SWAT Personnel contributing Signatory Agency based on the overtime hourly pay rate of the personnel on Metro SWAT and the total number of hours expended by that personnel per incident.

6. TRAINING, EQUIPMENT, & COSTS

Specific funding agreements may be structured between participating cities and/or signatory agencies for the purchase of specialty equipment. In addition, participating cities or signatory agencies may pursue grants for the procurement of equipment that the oversight committee deems helpful or necessary to support specialty teams or in furtherance of this agreement The intent of this agreement is for each agency to share resources to promote the most effective and efficient delivery of law enforcement services for Signatory Agencies. No actual budgetary responsibility shall be attached to inclusion to this agreement. The parties do not intend to jointly own any real or personal property as part of this undertaking. Participating cities shall operate and participate through their local budgetary process. All liability for salaries, wages, or other compensation and/or benefits for officers or employees performing under this agreement shall be that of the employing participating city. Costs associated with specialized training of members participating on specialty teams may be allocated among participating cities in the ratio of the number of individual officers participating from each agency unless it is determined by the oversight committee to be more equitably allocated on a different basis.

Section 7. Cost Sharing, excluding Metro SWAT.

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The Signatory Agencies agree to budget and finance provisions for costs incurred by or in connection with the operations of the Metro Teams, excluding Metro SWAT, in accordance with the following:

A. All Signatory Agency will provide an amount of money determined by the OC and approved through the budget processes of each Signatory Agency’s legislative body for necessary purchases per calendar year for approved Metro Teams operational expenditures.

B. All costs associated with the initial and continued outfitting of a Metro Teams member,

including but not limited to, clothing and weapons shall be the responsibility of the employing Signatory Agency of any team member. This equipment shall remain the property of the purchasing Signatory Agency. The maintenance and replacement of individual team member's equipment shall be the responsibility of the employing Signatory Agency.

C. Any overtime costs associated with all deployment operations or team training of Metro

Teams members shall be the responsibility of the employing Signatory Agency of any team member.

D. All Signatory Agencies understand there is need for equipment, and/or training for

specialty positions within the team, that may be utilized by any qualified team member during the course of operations or training.

Section 7. Requests for Assistance.

A. Call Out Procedure. In the event of a Major Law Enforcement Operation, the first law enforcement resources to be used shall be those of the primarily responsible agency. In the event that such resources are inadequate for the primarily responsible agency to safely control the situation, or there is a need for a specialized team, a request for mutual aid, without advance notice from another or all other Signatory Agencies participating in this Agreement when it reasonably appears that additional personnel, technology, and/or technical expertise is needed to respond to an emergency, major incident or major law enforcement operation occurring or likely to occur within the jurisdiction requesting assistance, under this agreement will be made by the Chief Law Enforcement Officer of the primarily responsible agency directly to the designated Metro Team Commander . Such requests for assistance shall, if possible, specify the number of police officers and types of equipment required, and shall further specify where and to whom such officers are to report and where and to whom the equipment should be delivered.

B. Recall. At the request of the Incident Commander any aiding agency shall withdraw from the scene of a major incident.

C. Withdrawal. The chief law enforcement officer, or his or her authorized representative may withdraw all personnel/services for unexpected personnel reasons, i.e., an emergency, major incident, or major crime event occurs within that jurisdiction that requires additional personnel to safely and appropriately respond to, but, in general, each Signatory Agency

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shall respond to a request for Metro Team services in the other city or town as promptly and fully as possible. Withdrawal of a Signatory Agency shall not terminate obligations defined in Section 15.

Section 8. Incident Command.

A. In the event of mobilization under this agreement, the Primarily Responsible Agency shall take charge of the operation., unless the Primarily Responsible Agency specifically requests that a different law enforcement agency or unit fulfill this responsibility or unless the scope of the problem is multi-jurisdictional, in which case the provisions of the Statewide Mutual Aid plan become operative. Taking charge of an operation shall include directing the assignment of all personnel and equipment. The assignment of duties to officers of assisting agencies shall be made by the supervising officer of the Primarily Responsible Agency.

Section 9. Employment.

A. Except as provided herein, all public safety personnel are deemed to be continuing employment for their respective employers when activated as members of the functionally consolidated Metro Team. Each Signatory Agency shall be solely and exclusively responsible for the compensation and benefits for those personnel. All rights, duties, and obligations of the employer and the employee shall remain with that Signatory Agency. Each Signatory Agency shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions on any applicable collective bargaining agreements and civil service rules and regulations and its disciplinary policies and procedures.

Section 10. Authorized Staff.

A. The S ignato r y Agencies to this agreement shall provide the names and phone numbers of staff who have the authority to commit manpower and/or equipment to any emergency, Major Incident , or Major Law Enforcement Operation.

Section 11. Audit.

A. General. Each Signatory Agency shall have the right to conduct an audit of any Metro Team at any time.

B. Annual Report. An annual report of all Metro Teams shall be provided to each Signatory Agency by the end of the first quarter of the subsequent year. This report shall include the following:

7. A tabulation of the number and nature of call outs per each Metro Team and

Signatory Agency; and

8. A tabulation of the personnel and respective jurisdiction at each call out; and

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9. A summary of the command positions assumed by personnel and their respective

jurisdiction at each call out, including Incident Commander, Team Commanders, Team Command, etc.; and

10. A summary of any policy changes and the inclusion of a copy of the signed policy;

and 11. A copy of all completed risk matrixes, regardless of whether a Metro Team call out

resulted; and

12. A copy of the operational budget per each Metro Team. Section 12. Press Releases.

A. Signatory Agencies to this agreement will coordinate any press releases relating to mutual aid activities only through the Primary Responsible Agency in an effort to fully and fairly acknowledge the contributions of participating agencies and with due regard for the integrity of the operations and the safety of officers.

Section 13. Arrest Policies.

A. Arrest policies will be determined by mutual agreement of the Primarily Responsible Agency and assisting agencies or specialty teams providing e m e r g e n c y , M a j o r I n c i d e n t , o r Major Law Enforcement Operation Services consistent with State and Federal Guidelines.

Section 14. Prisoner Transportation.

A. Transportation of prisoners will be coordinated by the Incident Commander. supervising officer in charge of the incident.

SUPPLY REPLACEMENT.

A. The Primarily Responsible Agency will be responsible for supplying and/or replacing supplies needed and/or used by officers from an Assisting Agency. These supplies shall include food, tear or CS gas, or any other supplies that are reasonably needed to sustain the officers in providing assistance with respect to the Major Law Enforcement Operation. Each agency shall be responsible for any repairs and/or damages done to their own vehicles or equipment as a result of participation in a Major Law Enforcement Operation.

Section 15. Liability for Indemnification and Defense from Third Party Claims.

A. General. It is the intent of the Signatory Agencies to provide and receive services of Metro Teams without the threat of being subject to liability to one another and to fully cooperate

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in the defense of any claims or lawsuits arising out of or connected with any Metro Team actions that are brought against the jurisdictions. It is the intent of the Signatory Agencies to add up the total combined judgment against any Signatory Agency and/or officer and/or employee for compensatory damages and/or plaintiff’s attorney's fees and costs and each Signatory Agency would then pay its proportionate share of the total combined judgment to satisfy the judgment. This general agreement on liability sharing is subject to the following terms and conditions set for the below in Sections 15 (B) to Section 15 (I).

B. Liability Sharing. 1. Signatory Agencies agree that liability for the negligent or unintentionally tortious

actions of the Metro Teams or any police officer or employee working for or on behalf of a Metro Team be shared proportionately between all Signatory Agencies based on the average of:

a. The percentage of each Signatory Agency’s population to the total population of all

Metro Team Signatory Agencies, per the most recent Washington Office of Financial Management (OFM) numbers, weighted as 50%; and

b. The percentage of each Signatory Agency’s respective rate of use of the Metro Team of which the claim or lawsuit is made against to the total use of that Metro Team by all Signatory Agencies over the most recent full two-year period, weighted as 50%.

2. Any Signatory Agency which refused to pay its share would then be liable to the

Signatory Agencies who paid that Signatory Agency’s share in order to satisfy the judgment plus any attorney's fees incurred in the collection of said monies from the non-paying Signatory Agency.

3. No Signatory Agency should be required to pay more than their proportionate share of the cost of payment of any judgment or settlement for liability claim which arises out of and is proximately caused by the actions of any officer, employee or Signatory Agency which is acting on behalf of or in support of the Metro Teams and acting within the scope of any person's employment or duties to said Metro Teams.

C. Hold Harmless. Each Signatory Agency agrees to hold harmless and indemnify the other

Signatory Agencies from any loss, claim or liability arising from or out of the negligent or unintentional tortious actions or inactions of its officers and employees or each other as related to any Metro Team activity. Such liability shall be apportioned among the Signatory Agencies pursuant to Section 15(B), subject to any limitation set forth below.

D. Punitive Damages. There is a growing concern regarding the liability of public safety personnel for acts performed in good faith and on behalf of the Signatory Agencies in connection with the regular duties of Metro Teams. Each Signatory Agency shall pay any award for punitive or exemplary damages awarded against a Metro Team personnel pursuant to Section 15(B), provided that the officer(s) are found by an Independent

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Counsel, selected pursuant to Section 15(E), to have: 1. Acted, or failed to act, in the performance of the duties of their respective position; and

2. Acted, or failed to act, in good faith, without actual malice and in the apparent best

interests of the public entity for which the Metro Team services were solicited. 3. If the individual or jurisdiction is found by the Independent Counsel to have acted

outside the course and scope of their employment and/or that the individual or jurisdiction acted, or failed to act, with actual malice, then any and all obligations found in Section 15(A) shall be terminated and payment of any award for punitive damages shall be the sole responsibility of the person or the jurisdiction that employs the person against whom such award is rendered.

E. Independent Counsel. An independent special prosecutor, with an appropriate level of

experience with public safety issues, shall be jointly appointed by the governing bodies of the four most populous Signatory Agencies, per the most recent Washington Office of Financial Management (OFM), plus any member jurisdiction with personnel named in a lawsuit that is not one of the four most populous Signatory Agencies. The Independent Counsel shall: 1. Ensure a fair, objective, and impartial Metro Team investigation; and

2. Make an initial determination on all major cases, which shall include cases that pose the

potential for an award of punitive damages against personnel of any jurisdiction serving on a Metro Teams, such as certain tort and civil rights actions, and all incidents involving loss of life; and

3. Be used for instances that may involve punitive damages; and 4. Render a determination of Metro Team personnel’s actions according to Section 15

(D).

F. Defense of Lawsuits. Each Signatory Agency shall be responsible for selecting and retaining legal counsel of said Signatory Agency who is named in a lawsuit alleging liability arising out of Metro Team operations. Signatory Agencies may subsequently agree to a collective defense determination.

G. Settlement Procedure.

1. Any Signatory Agency who believes that it would be liable for settlement or judgment

which should be shared by the other Signatory Agencies to this Agreement pursuant to Section 15(B) shall have the burden of notifying each other Signatory Agencies of all settlement demands made to that Signatory Agency and any claims and/or lawsuits naming that Signatory Agency and/or its officers and employees for what may be joint liability. Furthermore, if the other Signatory Agencies are not named as parties to the

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actions, it shall be the burden of the Signatory Agency named in the lawsuit to keep the other Signatory Agencies fully apprised of all developments in the case and all settlements demands, mediations or any other efforts made towards settlement. Settlements require the specific consent of all Signatory Agencies to this Agreement before any obligations for payment by all Signatory Agencies becomes effective.

2. No Signatory Agency shall enter into settlement with claimant or plaintiff unless said settlement ends the liability of all participants to this Agreement and on behalf of their respective employees and officers. It is the intent of this Agreement that the Signatory Agencies act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all Signatory Agencies to this Agreement agree with the settlement costs or, in the alternative, that all Signatory Agencies to this Agreement reject settlement demands and agree to go to trial and share in any judgment, pursuant to Section 15(B), incurred as result of the decision to go to trial. However, in the event that settlement demand is presented to all the Signatory Agencies to this Agreement and there is not unanimous consent to pay the settlement, then and only then the following results shall occur:

a. The Signatory Agencies shall be free to seek a separate settlement with the claimant

and/or plaintiff which would eliminate the liability of that Signatory Agency and/or its officers and employees and, if such separate settlement is reached, that Signatory Agency would have no responsibility to pay any amount of any judgment rendered against the Signatory Agencies and/or their officers and employees that did not settle. Signatory Agency making a separate settlement would not have to pay any amount of any subsequent settlement that others might reach. Any Signatory Agency making separate settlement would have no right to seek any reimbursement or contribution for any portion of settlement which said Signatory Agency had reached separately with the claimant and/or plaintiff.

H. Cooperation in Defense of Lawsuits. The Signatory Agencies and their respective

defense counsel shall, to the extent reasonably legally possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of the operations of any Metro Team and shall agree, wherever possible, to share non-attorney fee-related costs such as records gathering, preparation of trial exhibits, and the retention and payment of expert witnesses.

I. Nothing Herein Shall Require or Be Interpreted To:

1. Waive any defense arising out of RCW Title 51.

2. Limit or restrict the ability of any Signatory Agency, officer or employee to exercise any right, defense or remedy which party to lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against party by any proper means allowed under the civil rules in either state or federal court.

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13. LIABILITY FOR INDEMNIFICATION AND DEFENSE FROM THIRD PARTY CLAIMS- NON-PARTICIPATING CITIES. The Signatory Agencies that are not a Participating City agree that financial liability for the alleged negligent or tortious actions of any police officer or employee working for or on behalf of any Specialty Team operated under this agreement and for those Participating Cities supplying personnel to those Specialty Teams or responding to a request for Major Law Enforcement Operation Services shall belong to the Signatory Agency (City) whose Police Chief or designee has requested the use and deployment of any Specialty Team to assist his/her agency in a Major Law E11forcement Operation. This general agreement on liability sharing is subject to the following terms and conditions set for the below in Section 13.1. 13.1 HOLD HARMLESS. Each Signatory Agency receiving assistance of a specialty team(s) agrees to hold harmless and indemnify and defend the other Participating Cities and their officers, officials, and employees from any loss, claim or liability arising from or out of the negligent or tortious actions or inactions of any Specialty Team members, supervisors, and the municipal corporations that employ them. 14. LIABILITY FOR SPECIALTY TEAMS- PARTICIPATING CITIES. Each Participating City shall be responsible for the wrongful or negligent actions of its own employees while assigned to any Specialty Teams as their respective liability shall appear under the laws of the State of Washington and/or Federal Laws. The language under this section is not intended to diminish or expand such liability. 14.1 HOLD HARMLESS. Each Participating City promises to hold harmless and release all other Participating Cities from loss, claim, or liability arising from or out of the negligent actions or inactions of its employees, officers, and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington. 14.2 Nothing herein shall require or be interpreted to: Waive any defense arising out of RCW Title 51.

14.2.1 Limit or restrict the ability of any Signatory Agency or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 14.2.2 Cover or apportion or require proportionate payment of any judgment against any individual or Signatory Agency for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages, fines or sanctions against any individual or municipal corporation. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer

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elect to make said payment voluntarily. This agreement does not require equal sharing of any punitive damage awards, fines or sanctions.

15. NOTICE OF CLAIMS AND LAWSUITS AND SETTLEMENTS. In the event that a claim or lawsuit is brought against a Signatory Agency or its employee for actions arising out of their conduct in support of mutual aid or specialty team operations, it shall be the duty of each Signatory Agency to notify the other Signatory Agencies that said claims or lawsuit has been initiated. 16. COOPERATION IN DEFENSE OF LAWSUITS. The Signatory Agencies and their respective defense counsel shall, to the extent reasonably legally possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of any specialty team operations and shall agree, wherever possible, to share non-attorney fee-related costs such as records gathering, preparation of trial exhibits, and the retention and payment of expert witnesses. Section 16. Insurance Coverage.

A. The Signatory Agencies shall, to the best of their ability, coordinate their liability insurance coverage and/or self-insured coverage to the extent possible to fully implement and follow the agreement set forth herein and each agency shall maintain police liability insurance of self-insurance organization liability coverage with at least a minimum of Ten Million Dollars ($10,000,000.00) per occurrence while this agreement is in effect.

Section 17. Injury Benefits.

A. Whenever any commissioned officer of a Signatory Agency is injured while acting pursuant to this agreement, even though such injury may have occurred while the officer was under the direction of a Signatory Agency which was not the employer of the injured officer at the time of such injury, such officer and/or his/her dependents shall receive from that Officer’s employer, the same benefits which such officer would have received had said officer been acting under the immediate direction of said officer's employer and within said employer's jurisdiction.

Section 18. Automatic Commission.

A. Full time commissioned officers who are responding to any request for assistance under

this agreement shall be automatically commissioned by virtue of this agreement, pursuant to RCW10.93.070 (1), through the commissioning authority of the Primarily Responsible Agency, and therefore shall be empowered to exercise the same police authority during the entirety of their response to the Major Law Enforcement Operation as though they were full-time commissioned officers of the Primarily Responsible Agency. This provision shall apply whether the request for assistance is based upon a formal request between department heads, a request through commanders or supervisors, or when the officers of one jurisdiction cross jurisdictional boundaries to aid or assist the officers of another Signatory Agency.

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Section 19. Reserve Officer Commission.

A. Reserve officers or part-time officers, shall be exempt from the automatic commissioning authorized in Section 19, unless such reserve officers shall work under the immediate supervision of a full time officer. Reserve or part-time officers may be extended automatic commissioning at the direction of the department head who requests the assistance, PROVIDED HOWEVER that such determination should be worked out in advance among the heads of the Signatory Agencies.

21. TERM OF AGREEMENT/WITHDRAWAL FROM AGREEMENT. The term of this agreement shall be of indefinite duration. Any Signatory Agency may withdraw from this agreement when a period of thirty (30) days has elapsed after notification is made by letter to the other Signatory Agencies' normal business address. Withdrawal or non-execution of this agreement by any one agency shall not affect the continued efficacy of the agreement with regard to other Signatory Agencies.

Section 20. Severability.

A. Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement and/or their application to other parties and circumstances, not declared invalid or void, shall remain in full force and effect.

Section 21. Term.

A. The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the Signatory Agency jurisdictions, unless and until terminated pursuant to the terms of this agreement.

Section 22. Termination.

A. Any Signatory Agency may withdraw from and terminate participation in under this Agreement upon the giving of thirty (30) calendar days’ advance written notice of intent to withdraw/terminate to the other Signatory Agencies herein. Withdrawal during any calendar year shall not entitle the withdrawing Party to a reduction or refund with respect to funds budgeted for or otherwise committed with respect to the withdrawing Party for any calendar year. Termination of this Agreement and/or withdrawal of Party shall not terminate Section 15 hereof with respect to the withdrawing Signatory Agency as to any incident arising prior to the withdrawal of the Signatory Agency and Section 15 shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination.

a) In the event that Signatory Agency withdraws from and terminates participation

under this Agreement, property that was provided by that Signatory Agency and was used and/or in the possession of the Metro Team pursuant to the terms and

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conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class low explosives, shall belong to and shall be returned to the withdrawing/terminating Signatory Agency.

b) Items that were jointly purchased through the Metro Team general operating budget by the Signatory Agencies will continue to remain with and be available for use by the Metro Team until such time that this Agreement is terminated in its entirety, then items that were jointly purchased by the Signatory Agencies will be distributed proportionately between all Signatory Agencies based on the average of:

i. The percentage of each Signatory Agency’s population to the total

population of all Metro Team Signatory Agencies, per the most recent Washington Office of Financial Management (OFM) numbers, weighted as 50%; and

ii. The percentage of each Signatory Agency’s respective rate of use of the

Metro Team of which the claim or lawsuit is made against to the total use of that Metro Team by all Signatory Agencies over the most recent full two-year period, weighted as 50%.

Section 23. Contract Administration.

A. The Signatory Agencies do not by this agreement intend to create any separate legal or administrative entity. The Signatory Agencies will cooperatively work together to further the intent and purpose of this agreement. The Chief Law Enforcement Officer from the Signatory Agencies shall be responsible for administering the terms of this agreement.

23. MODIFICATION AND SEVERABILITY. The parties may amend, modify, or supplement this Agreement only by written agreement of all the parties. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudged. Section 24. Extent of Agreement. A. This agreement contains the complete understanding of the Signatory Agencies regarding

the subject matter of this agreement. Section 25. Authorization. A. By resolution or ordinance or otherwise pursuant to law, the governing bodies of the

Signatory Agencies listed below have authorized their respective designated officials to execute this agreement on their behalf. This agreement may be executed by counterparts and if so, shall be deemed valid as if each designated official had signed the original.

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CITY OF BONNEY LAKE CITY OF BUCKLEY By:_________________________ By:_________________________

Mayor date Mayor date

__________________________ __________________________ City Administrator date City Administrator date

__________________________ __________________________ City Attorney date City Attorney date

__________________________ __________________________

City Clerk date City Clerk date

CITY OF DUPONT CITY OF FIFE By:_________________________ By:_________________________

Mayor date Mayor date

__________________________ __________________________ City Administrator date City Manager date

__________________________ __________________________ City Attorney date City Attorney date

__________________________ __________________________

City Clerk date City Clerk date

CITY OF FIRCREST CITY OF GIG HARBOR By:_________________________ By:_________________________

Mayor date Mayor date

__________________________ __________________________ City Manager date City Administrator date

__________________________ __________________________ City Attorney date City Attorney date

__________________________ __________________________

City Clerk date City Clerk date

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CITY OF LAKEWOOD CITY OF ORTING By:_________________________ By:_________________________

Mayor date Mayor date

__________________________ __________________________ City Manager date City Administrator date

__________________________ __________________________ City Attorney date City Attorney date

__________________________ __________________________

City Clerk date City Clerk date

CITY OF PUYALLUP CITY OF MILTON By:_________________________ By:_________________________

City Manager date Mayor date

__________________________ __________________________ City Administrator date City Administrator date

__________________________ __________________________ City Attorney date City Attorney date

__________________________ __________________________

City Clerk date City Clerk date

CITY OF ROY CITY OF SUMNER By:_________________________ By:_________________________

Mayor date Mayor date

__________________________ __________________________ City Manager date City Administrator date

__________________________ __________________________ City Attorney date City Attorney date

__________________________ __________________________

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City Clerk date City Clerk date

TOWN OF STEILACOOM TOWN OF WILKESON By:_________________________ By:_________________________

Mayor date Mayor date

__________________________ __________________________ City Administrator date City Administrator date

__________________________ __________________________ City Attorney date City Attorney date

__________________________ __________________________

City Clerk date City Clerk date

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June 15, 2018 Jim Heishman, Chief of Operations Pierce County Sheriff’s Department 930 Tacoma Ave. S. Tacoma, WA 98402 Chief Heishman, The City of Lakewood is currently evaluating its provision of SWAT services. As part of this process, the City is formally requesting that the Piece County Sheriff’s Department (PCSD) provide a response as whether PCSD would consider supplying SWAT services to Lakewood in any of the following capacities:

1. Comprehensive SWAT provision in Lakewood, including high risk warrant services. On average this would amount to approximately 10.6 callouts per year.

2. SWAT provision for active incidents only (e.g. hostage situations or armed barricaded suspects). The Lakewood Police Department would maintain a high risk warrant team that would response to all other incidents. For this option, the City would request that PCSD allow Lakewood’s high risk warrant team to train with the PCSD SWAT team and utilize PCSD armored vehicle and other specialized SWAT equipment. On average this would amount to approximately 2-3 callouts per year.

3. Integrate Lakewood personnel onto the PCSD SWAT team. The City would then

receive comprehensive SWAT provision from this joint team. Again, PCSD SWAT with Lakewood personnel would respond to an average of 10.6 additional callouts per year.

For each option, please provide the cost to the City of Lakewood. The City of Lakewood values its partnership with PCSD and understands that the options above may or may not be feasible for your department. Whichever is the case, please let the City know by July 9th as we are in the middle of our budget process and need ample time to plan for future SWAT provision. Sincerely, Mike Zaro Police Chief, City of Lakewood

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TABLE OF CONTENTS

1. Mission Statement2. Operation Manual3. Organization4. Command Structure5. Chain of Command6. Callout Criteria7. Callout Procedures8. Communications9. Use of Force10. Internal Complaints11. Selection Process12. Probationary Status13. Equipment14. Firearms15. Physical Fitness16. Training17. Training Safety18. SRT Records19. Verbal Commands20. Hand Signals21. Site Identification22. Scouting23. Snipers24. Covert Entry25. Dynamic Warrant Service26. Hostage Rescue27. Vehicle Options28. Immediate Action Drills29. AT & Suburban Use Criteria and Operation

ATTACHMENT D

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METRO SWAT

Chapter 1

METRO SWAT STATEMENT OF MISSION 1.1 SWAT OPERATIONS MANUAL PURPOSE

The mission of the Metro Special Weapons and Tactics Team is to support the extraordinary enforcement needs of the participating Police Departments.

1.2 SWAT OPERATIONS MANUAL NEED These extraordinary enforcement needs include, but are not limited to: a. High-risk arrest warrant service. b. High-risk search warrant service. c. Barricaded subject situations. d. Hostage situations. e. Sniper situations. f. Terrorist acts. g. Weapons of mass destruction. h. In progress workplace/school violence. i. Dignitary Protect (V.I.P) j. Any other unusual occurrence outside the capabilities of normal police

response. 1.3 SWAT OPERATIONS MANUAL CONCEPT

The objective of the Metro SWAT Team is the resolution of high risk/crisis situations while minimizing the potential of injury or loss of life.

The Unit priorities for minimizing injury or loss of life are: a. Hostages. b. Citizens in the danger area. c. Team Members d. Police Officers. e. Suspect(s).

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METRO SWAT

CHAPTER 2

METRO SWAT OPERATIONS MANUAL

2.1 PURPOSE OF THE METRO SWAT OPERATIONS MANUAL

A SWAT operations manual will be developed to provide guidelines for Metro SWAT operations. The manual will be based on SWAT best practices and established SWAT standards.

The Metro SWAT Commander will be provided a complete copy of the Metro SWAT Operations Manual. The Metro SWAT Commander will ensure that the Metro SWAT Team Leader duplicates and distributes copies of the manual to all Team Members.

2.2 NEED FOR THE METRO SWAT OPERATIONS MANUAL

The Metro SWAT Team needs established policy and procedure to assist the team with decision making and guiding principles for the team.

Metro SWAT Team Members shall be provided with manual updates and revisions as they are made and shall be responsible to maintain an updated manual

It is the responsibility of the individual team member to read and comply with the policies, procedures, and regulations described within the Metro SWAT Operations Manual.

Metro SWAT Operations Manuals shall be maintained in a secure manner to avoid loss and/or destruction and avoid unauthorized access.

2.3 BUDGET

Metro SWAT will complete a budget in June of every year. The Team Leader will be responsible for completing the budget and presenting it to the SWAT Oversight Committee for inclusion in the upcoming year’s budget process. The budget will consist of capital items as well as supplies for the upcoming year. The SOC will discuss the items and budget for them as appropriate.

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METRO SWAT

CHAPTER 2

METRO SWAT OPERATIONS MANUAL

2.1 PURPOSE OF THE METRO SWAT OPERATIONS MANUAL

A SWAT operations manual will be developed to provide guidelines for Metro SWAT operations. The manual will be based on SWAT best practices and established SWAT standards.

The Metro SWAT Commander will be provided a complete copy of the Metro SWAT Operations Manual. The Metro SWAT Commander will ensure that the Metro SWAT Team Leader duplicates and distributes copies of the manual to all Team Members via the method described in 2.2.

2.2 NEED FOR THE METRO SWAT OPERATIONS MANUAL

The Metro SWAT Team needs established policy and procedure to assist the team with decision making and guiding principles for the team.

Metro SWAT Team Members shall be provided with manual updates and revisions as they are made and shall be responsible to maintain an updated manual. Each Metro SWAT Team Member will be issued a USB drive by their department for the purpose of maintaining the SWAT manual. Updates will be downloaded to the officer’s USB drive when policies are updated. The Metro SWAT Team Leader will notify the Team Commander if any personnel are not able to receive the update via this method. The Team Leader will coordinate the update for members not able to receive the update at the scheduled time.

It is the responsibility of the individual team member to read and comply with the policies, procedures, and regulations described within the Metro SWAT Operations Manual.

Metro SWAT Operations Manuals shall be maintained in a secure manner to avoid loss and/or destruction and avoid unauthorized access.

2.3 BUDGET

Metro SWAT will complete a budget in June of every year. The Team Leader will be responsible for completing the budget and presenting it to the SWAT Oversight Committee for inclusion in the upcoming year’s budget process. The

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METRO SWAT

budget will consist of capital items as well as supplies for the upcoming year. The SOC will discuss the items and budget for them as appropriate.

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CHAPTER 3

ORGANIZATION OF METRO SWAT

3.1 PURPOSE OF THE ORGANIZATION OF METRO SWAT

Recognizing the presence of highly trained, highly skilled police tactical unit has been shown to substantially reduce the risk of injury or loss of life to citizens, police officers and suspects and recognizing that a well managed team response to critical incidents usually results in successful resolution of critical incidents, it is the intent of Metro SWAT to work with law enforcement agencies to provide a highly trained tactical team as a resource for law enforcement agencies who need assistance with critical incidents.

The Metro Special Weapons and Tactics (SWAT) Team should include a designated Metro SWAT Tactical Commander, Assistant Metro SWAT Tactical Commander(s), Team Leaders, and specialized Team Members.

Tactical operations may include the formation of smaller teams within the team to accomplish specific tactical objectives. These tactical elements may include:

a. Perimeter/Containment Team(s). b. Sniper Team(s). 4 – 2 person teams c. Go Team(s). d. Entry Team(s). e. Tactical Emergency Medical Support

Team members must understand their role and how it affects the outcome and success of the team’s missions.

3.2 NEED FOR THE ORGANIZATION OF METRO SWAT

3.3.1. Incident Commander The Incident Commander should be a command level officer from the jurisdiction in which the incident is occurring. The Incident Commander shall assume overall command and responsibility for the incident. Incident Commanders may vary from incident to incident, and jurisdiction to jurisdiction, and as such, Incident Commanders are not an organizational component of the Metro SWAT

3.3.2. Metro SWAT Tactical Commander(s) The Metro SWAT Tactical Commander (or in his/her absence the Assistant Metro SWAT Tactical Commander) shall operate under the direction of the Incident Commander. The Metro SWAT Tactical Commander shall confer with the Incident Commander and offer feasible tactical solutions to the situation. The Metro SWAT Tactical Commander is responsible for assigning tactical objectives

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to Team Leaders and assuring their implementation. The Metro SWAT Tactical Commander, in conjunction with Team Leaders, shall formulate tactical plans to assist the direction of the Incident Commander. The Metro SWAT Tactical Commander shall monitor the incident and provide periodic tactical updates to the Incident Commander. The Metro SWAT Tactical Commander shall normally staff the Tactical Operations Command Post and coordinate the field activities of the Metro Special Weapons and Tactics Team.

3.3.3 Metro SWAT Team Leaders Metro SWAT Team Leaders shall be responsible for implementing tactical objectives and carrying out the tactical plans as outlined by the Metro SWAT Tactical Commander. Team leaders shall assure that assigned team members fully understand the tactical plan and act within the intent of that plan. Team leaders shall monitor, control, and direct the actions of assigned team members. Team Leaders shall report directly to the Metro SWAT Tactical Commander.

3.3.4 Metro SWAT Perimeter Team (s) Perimeter team(s) shall be under the direct supervision of a designated team leader who shall be responsible for completion of the tactical plan. The perimeter team has primary responsibility of establishing an inner perimeter. The inner perimeter shall contain the location, prevent the escape of suspects and/or hostages, gather intelligence information, complete scouting reports, and prepare location diagrams. Additional responsibilities include chemical munitions and less lethal weapons deployment.

3.3.5 Metro SWAT Marksman Team (s) Sniper Team(s) shall be under the direct supervision of a designated team leader who shall be responsible for completion of the tactical plan. The sniper team has primary responsibility for long-range precision fire at selected targets from concealed places in response to a specific threat or upon specific order to terminate or initiate an action. The sniper also gathers and disseminates updated intelligence information pertaining to the incident location and suspect/hostage movements.

3.3.6 Go Team (s) Go Team(s) shall be under the direct supervision of a designated team leader who shall be responsible for completion of the tactical plan. The Go Team has primary responsibility to immediately react to unexpected actions surrounding and within the tactical location. The Go Team shall complete suspect/hostage confrontation, downed officer/hostage rescues, emergency entries/search plans, hostage rescues, and other emergency team deployment within the inner perimeter as dictated by the tactical situation.

3.3.7 Entry Team (s)

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Entry Team(s) shall be under the direct supervision of a designated team leader who shall be responsible for completion of the tactical plan. The entry team has primary responsibility for initiating a resolution plan for tactical incidents. The entry team shall formulate and rehearse assaults, site searches, hostage rescue, suspect neutralization, vehicle assaults, and other deliberate tactical resolutions as dictated by the situation. 3.3.8 Tactical Emergency Medical Support Metro SWAT will use medical personnel from the venue agency’s fire department for transport and care of patients. The venue agency’s medical personnel will assess the need for a private ambulance carrier if necessary. Absent an extraordinary circumstance, medical personnel who are not trained on tactical medical support will not be allowed in the inner perimeter. Typically, medical personnel will stage at the direction of the tactical commander. Metro SWAT may use Cooperative Cities’ police officers who are Emergency Medical Technicians to assist with warm zone medical treatment as available. These members will be familiar with tactical medical support and will be allowed in the inner perimeter at the tactical commander’s discretion. The criteria for these EMTs are described below:

GOALS OF TACTICAL MEDICAL SUPPORT ACTIVITY

Implementation of an effective tactical medical support program is directed at achieving these important goals:

a. Enhance mission accomplishment; b. Reduce death, injury and illness, and related effects, among officers, citizens,

and suspects; c. Reduce the agency's posture in liability-prone circumstances; d. Reduce line of duty injury and disability costs to the agency; e. Reduce lost work time for officers; f. Maintain good team morale when true concern for the member's good health

is realized.

SELECTION OF THE TACTICAL MEDIC

Tactical Medic team members will be selected and assigned as necessary by the SWAT Tactical Operations Commander and Team Leader of Metro SWAT based on the following criteria:

a. The Tactical Medic must have a minimum of three years of pre-hospital care

experience at the minimum level of Emergency Medical Technician (EMT). b. The Tactical Medic must be in good standing with the Pierce County Medical

Program Director. c. The Tactical Medic must be, and maintain all necessary certifications required

for performing their medical duties. d. The Tactical Medic must demonstrate strong medical knowledge and practical

skills.

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e. The Tactical Medic must be able to follow strict orders and react calmly under pressure.

f. The Tactical Medic will be covered by their parent agency for L & I or medical malpractice issues.

DESIRABLE CHARACTERISTICS

a. Good physical condition; b. Emotional stability; c. Above average medical skill; d. Common sense and good judgment.

Medical team members may be removed from the Tactical Medical element at the discretion of the Commander of the Metro SWAT or his/her parent agency.

TRAINING

The optimum configuration of tactical medical support for a particular team will also vary as much as the tactical teams themselves. However, certain basic principles guide the development of a sound medical support program.

Team Medical Officers must be trained to, at least, the basic Emergency Medical Technician level and are required to maintain current certification through a bona fide certifying body, such as the National Registry of Emergency Medical Technicians. Every effort should be made to provide Paramedic -ALS (Advanced Life Support) service at the outer perimeter of the area of operation.

Team Medical Officers must be familiar with, and able to effectively coordinate, with the entire Emergency Medical System, from the area of operation to the receiving medical facility.

Tactical Medics may be organic to the team, sworn officers, or members of other agencies such as EMS services or fire departments who are specifically selected and trained. These personnel should be familiar with the tactical team and have a basic understanding of mission objectives, tactics used, weapons, pyrotechnics and other devices likely to be employed, as well as communication policies and procedures. In order to function effectively in support of a tactical team, the medic should have a general working knowledge of the team, its tools and tactics.

All personnel assigned as Tactical Medics must maintain their clinical skills by actively participating in patient care activities on a regular basis. In general, the activity levels of most law enforcement tactical teams are inadequate to support this requirement, and medics should be required to seek outside patient care activities.

Medical support for tactical law enforcement operations requires a unique expertise beyond medical competence. Not every EMT, Paramedic or Physician is trained or qualified to provide this type of support. Team Medical Officers should complete specialized training, which teaches the skills necessary to operate in the austere environment, and should be required to maintain such-certification.

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The Tactical Medic may complete a Tactical EMS training course. TACTICAL MEDIC EQUIPMENT

The Tactical Medic must carry or have immediate access to the following equipment at the very minimum.

a. Personal infectious control equipment. b. Basic Life Support equipment on their person to perform Basic airway

management and hemorrhage control. c. Immediate access to ALS trained services, equipment, and transportation as

set forth by Pierce County Medical Protocols.

RESPONSIBILITIES OF THE TACTICAL MEDIC:

A Tactical Medic is an important component of tactical law enforcement teams. Their responsibilities include: a. Safely and promptly respond to staging areas for METRO SWAT incidents

prepared to fulfill your mission duties. b. Report to the Tactical Commander for accountability purposes. c. Interface with private, municipal or fire district ambulance service on standby

at the staging area. d. Complete the medical plan. e. Determine the closest medical facility for trauma and include the location in

the medical plan. f. Be cognizant of environmental factors (heat, cold, or toxic materials)and

recommend rest/recovery measures for long term missions. g. Enter the warm zone at the request of the Tactical Commander or Team

Leader to render aid to injured persons and extract them to the cold zone (medical staging area).

h. Decontaminate persons exposed to irritants. i. Follow Pierce County Patient Care Protocols and make base station contact

when appropriate. j. Coordinate continued care with transport service. k. Maintain medical skills through training and practice.

Tactical Medics will not be armed unless they are full-time, commissioned law enforcement officers who have been through the Washington State Criminal Justice Basic Law Enforcement Academy or equivalent and it is approved by the team commander. CONFIDENTIALITY OF MEDICAL INFORMATION Medical information remains confidential and is treated in accordance with the Health Information Portability Accountability Act (HIPAA). Release of medical information to specified persons or agencies as requested to do so by the patient will be complied with.

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Metro SWAT TEAM

Serving the Communities of Lakewood, Milton, Fife, DuPont, Steilacoom, Bonney Lake, Puyallup, Sumner, Buckley, Roy & Orting

Team Leader Expectations

Leadership: Influences others to carry out tactical objectives and plans authorized by command. Leads by example. Controls the team’s movements and actions. Is a positive motivator. Establishes rapport and gains respect of subordinates.

COMMUNICATION SKILLS: Effectively pass and receive information, suggestions, and directives. Listens and considers others input. Provides feedback with the goal of improving the team. Gives operation orders and debriefs in a clear and organized manner.

INTEGRITY: Gives no reason for superiors or team members to question your honesty, truthfulness, and unwavering commitment to do the right thing.

DECISION MAKING/GOOD JUDGMENT: Makes timely and appropriate decisions during stressful and critical situations. Needs no or little guidance from Command. Mitigates and/or limits risks within the parameters of the mission. Knows and deploys the team in accordance with their capabilities.

UNIT STANDARDS: Qualifies with primary long gun and sidearm. Passes the annual physical fitness test.

TECHNICAL KNOWLEDGE: Has working knowledge of the Metro SWAT Tactical Manual. Understands the capabilities of the team’s specialized weapons and tools.

TACTICAL PROFICIENCY: Performs all the tactical skills required of the individual operator, to include dynamic and covert clearing, scouting, breaching, and target discrimination.

TACTICAL PLANNING: Prepares operation plans that include avenues of approach, breach points, fields of fire, appropriate equipment and personnel, and contingency plans to counter possible suspect actions. Considers timing, tactics, options, and risks when planning a mission.

COMMITMENT: Committed to the overall success of the team, the accomplishment of the mission, and the development of the team members. Is present for training, operations, and meetings.

PROFFESSIONALISM: Carries oneself in a professional manner. Gives respect to superiors and subordinates alike. Has a respect for the profession of being a SWAT team member and leader. Does not engage in conduct that would tarnish the reputation of the team or SWAT in general.

Team Leader _____________________________ Date _____________________________ Tactical Commander____________________________

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CHAPTER 4

METRO SWAT COMMAND STRUCTURE

4.1 PURPOSE OF THE COMMAND STRUCTURE

Metro SWAT must have a command structure in place to ensure an efficient span of control. The command structure must be well defined so each member knows who he or she reports to. The Metro SWAT Team shall not attempt any tactical operation that in the opinion of the Metro SWAT commander and team leaders;

a. believe the team is not properly trained, or b. believes the mission unnecessarily endangers SWAT personnel. 4.2 NEED FOR THE COMMAND STRUCTURE

Each team member must know who he/she reports to in the SWAT chain of command. During a critical incident it is imperative that each member know his/her assigned duties. A clear chain of command is required so that specific duties are carried out in an efficient and timely manner.

4.3 CONCEPT OF THE COMMAND STRUCTURE 4.3.1 INCIDENT COMMANDER

The Incident Commander should be a command level officer from the jurisdiction in which the situation is occurring. The Incident Commander shall assume overall command and responsibility for the incident. The Incident Commander shall establish a Command Post outside the inner perimeter away from the suspect's line of sight and fire. Incident Commander shall consult with the Metro SWAT Tactical Commander and evaluate the tactical options presented. Once determination is made as to tactical objectives or mission and the Incident Commander has authorized the plan, the Metro SWAT Commander assumes responsibility for initiating that resolution objective. Within the command post the Incident Commander shall:

a. Monitor incident developments. b. Maintain the incident outer perimeter (non-SWAT personnel). c. Establish a staging area for responding resources. d. Designate a Public Information Officer or media contact location.

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e. Assign an incident record keeper to record radio traffic and gather tactical/intelligence information.

f. Coordinate tactical support and negotiations with the suspects. g. Investigate and gather intelligence information pertaining to the incident. 4.3.2 SWAT TACTICAL COMMANDER (S)

The SWAT commander shall respond to the crisis site and assume operational command of Metro SWAT personnel. The SWAT commander shall establish a Tactical Operations Command Post from which SWAT operations can be directed. Non-crisis operations, intelligence, and support services shall be conducted separate from the Tactical Operations Command Post. The SWAT commander shall obtain incident information from the Incident Commander and recommend options for tactical response/resolution. Upon determination as to the tactical objectives, and authorization from the Incident Commander, the SWAT commander will brief the team leaders. The SWAT Commander in conjunction with the designated team leaders shall formulate a tactical plan to accomplish the objective/mission. Assault plans against a suspect stronghold will not be initiated without prior approval of the Incident Commander, except in an emergency response to unanticipated incident, at which time the SWAT commander may authorize an immediate crisis intervention response.

4.3.3 SWAT TEAM LEADER

Team leaders are responsible for carrying out the identified tactical plan of the SWAT commander. The team leaders shall brief assigned SWAT personnel as to the objective/mission and tactical plan. The team leaders will assure that necessary Team equipment and weapons are procured, and that no unauthorized equipment is deployed into the tactical situation. Team leaders shall prepare tactical contingency plans to counter possible suspect actions. Tactical operations shall be approved by the SWAT commander except in an emergency response to precipitous actions by the suspect.

4.3.4 SWAT TEAM MEMBER

Team members are responsible for carrying out the tactical plan as directed by the designated team leader. Team members shall only utilize weapons and/or equipment for which they are fully trained and qualified, and only those that are in compliance with Team policy/procedure. Team member actions shall be directed by the team leader except in emergency response to precipitous actions by the suspect. Tactical plans will not be executed without prior approval of the SWAT Commander.

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CHAPTER 5

METRO SWAT CHAIN OF COMMAND 5.1 PURPOSE OF CHAIN OF COMMAND

The chain of command is established to provide clear delineation of persons in charge and information dissemination.

All SWAT operational matters, and those pertaining to interaction of the participating Cities and Team Members, shall be directed to your department’s SWAT commander, department’s SWAT Liaison, team leader or member of the Oversight Committee. Operational matters include but are not limited to, team assignments, training issues, personnel issues, team policy/procedure, unresolved individual department matters, etc.

All matters pertaining only to an individual participating city and not affecting the overall team operation and other participating cities (ie: overtime compensation, budgeting, equipment, etc) shall be directed to the designated SWAT commander or SWAT Liaison within the team member’s individual department.

Team leaders shall complete operational and administrative assignments as directed, but shall not be considered as a first step in the team chain of command for department administrative purposes.

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CHAPTER 6

METRO SWAT CALLOUT CRITERIA 6.1 PURPOSE SWAT CALLOUT CRITERIA

To provide criteria as to when the team may be called for service. 6.2 NEED SWAT CALLOUT CRITERIA

The team should only be activated when the threat level or circumstances are such that general patrol or investigative response cannot effectively handle the situation. A “Risk Matrix” should be completed and submitted to the SWAT tactical commander for review.

6.3 CONCEPT SWAT CALLOUT CRITERIA

High Risk Warrant Service shall include, but are not limited to situations involving:

a. Armed/violent suspect(s), or b. Automatic weapons, or c. Barricaded/fortified locations, or d. Suspect affiliation with violent anti-social organizations/groups, or e. Suspect threats of violence towards police, or f. Other hazardous conditions.

Barricaded Subject Situations shall include, but are not limited to situations involving:

a. Commission of a criminal offense, and b. A suspect believed to be armed, and c. Suspect has concealed self within a structure or vehicle, and d. Suspect fails to obey police commands to resolve the situation.

Unusual Occurrences Requiring Extraordinary Police Response shall include, but are not limited to, Terrorist Acts, Weapons of Mass Destruction, crowd control, civil disobedience, disasters, dignitary protection, etc.

The SWAT team shall respond to formal requests for assistance from mutual aid police departments for occurrences that fit within the above callout criteria.

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CHAPTER 7

METRO SWAT CALLOUT PROCEDURES 7.1 PURPOSE OF CALLOUT PROCEDURES

Any command level officer of any participating police department may request the SWAT Team through the SWAT commander or designated member of the SWAT Oversight Committee. Command level officers shall normally be the department’s Command Duty Officer (CDO) and should be of the rank of Lieutenant or above. Individual police department policy shall govern the criteria for activation the SWAT.

7.2 NEED FOR CALLOUT PROCEDURES

An emergency tactical situation may mandate the callout of the entire SWAT Team. Once command level authorization has been obtained, the requesting police department shall notify the SWAT Commander. The SWAT Commander shall be provided the below information pertaining to the incident:

a. Name and title of authorizing command level officer. b. Brief description of the situation. c. Location and route to which Team Members should respond. 7.3 CONCEPT OF CALLOUT PROCEDURES

The SWAT Commander will ensure notification is made to personnel from each participating police department. The SWAT commander shall authorize a SWAT group page. Sumner Police Department shall record the names and estimated response time of each responding team member. At a later time the SWAT commander may re-contact the Sumner Police Department to verify team members that are responding.

Individual police departments shall make administrative notification to their on-duty Shift Supervisor and/or CDO.

The jurisdiction in which the tactical incident is occurring shall designate an Incident Commander to oversee the operation.

The first SWAT team leader arriving at the crisis site shall obtain information from the on-site supervisor in preparation for briefing the SWAT commander and establish a Tactical Operations Command Post.

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In the event of a limited call-out (such as a warrant service) or a non-emergency activation, the SWAT commander shall be notified first. The SWAT commander will discuss the situation with a team leader and determine if additional SWAT personnel are needed. If additional personnel are needed the SWAT commander will request additional resources from other participating police departments. Those agencies will be notified when their personnel are assigned to missions. The SWAT commander will respond to all missions involving personnel from the SWAT team. The jurisdiction in which the limited callout is occurring shall have the option of designating an Incident Commander to oversee the operation.

In the event of a mutual aid request for assistance from an outside (non-Coop Cities) police department, the SWAT commander shall be notified and advised as to the situation. Mutual aid requests by outside agencies must meet the specified callout criteria for SWAT activation.

Each participating police department shall maintain a callout roster for their assigned team members. Team members shall assure that the SWAT commander and their individual department is provided with current work, home, and pager telephone numbers. Team members shall immediately report any change in telephone numbers to the SWAT commander.

A current list of team members shall be maintained by each participating police department and the Sumner Police Department Communications Center. In the event the SWAT commander cannot be reached, notification shall be directed to the assistant SWAT commander.

7.4 Outside Agencies (OSA) and Metro SWAT

For in-progress incidents, if requested by an OSA supervisor anywhere in King or Pierce Counties, Metro SWAT may respond under mutual aid with the approval of the Chief of Police or designee. (This does not preclude response to an incident outside that area when there are extraordinary circumstances.)

Planned Operations Protocol

OSA has a warrant for service inside a Metro SWAT jurisdiction, and

• The OSA has a SWAT team.

First preference: OSA uses their own team. Metro SWAT offers a liaison. Alternative: By request from OSA mid-manager (Lt. or above), Metro SWAT may serve it.

OSA has a warrant for service inside a Metro SWAT jurisdiction, and

• The OSA has no SWAT team.

By mutual aid request from OSA supervisor or above, Metro SWAT may serve it.

OSA has a warrant for service inside the By mutual aid request from the OSA’s

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OSA’s own jurisdiction.

supervisor or above, Metro SWAT may serve it.

OSA has a warrant for service inside a different OSA’s jurisdiction.

First preference: refer the OSA with the warrant to the agency having jurisdiction over the location. Alternative: By request from a mid-manager (Lt. or above) of the OSA having the warrant, Metro SWAT may serve it.

A Coop Cities agency has a warrant for service in an outside jurisdiction.

First preference: Metro SWAT serves the warrant. Alternative (due to excessive distance or other prohibitive circumstances): a command representative from the agency having the warrant makes a mutual aid request for the OSA’s team to serve it.

In all planned tactical operations (such as warrant service) that will occur outside the Metro SWAT jurisdictions, the SWAT tactical commander will ensure that contact was made with the OSA prior to the operation, notifying the OSA of the anticipated date, time and location. Whenever that jurisdiction is known to have a SWAT team, the tactical commander will also contact the OSA’s SWAT commander and, as a courtesy, give the right of first refusal to that agency’s SWAT team. 7.5 Photographs

A member of Metro SWAT will be assigned to take pictures on all missions, where appropriate, to document, damage or lack there of, evidence or other information critical to the mission. The team member assigned to photograph the scene will take the first photo of a piece of paper with the date, time, case number, mission number and address of the mission listed on it. After the photographs are taken, they will be burned to two CDs. The original will be turned over to the venue agency and a copy will be given to the team commander for inclusion in the mission file. Photographs can be valuable training aids in the SWAT environment and this is recognized. In order to use any mission photos as training aids, the requestor will put his/her request in writing to the team commander stating the reason that the photographs would benefit the law enforcement community. If the team commander agrees that the photographs would have value, he/she will submit a request to the venue agency seeking permission to use the photographs. If permission is granted, the team commander will provide the photographs to the requestor. Documentation of the request will be kept in the mission file.

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Any unauthorized distribution of photographs will be treated as a breach of evidentiary protocol and will be handled by Metro SWAT Command and the SWAT operator’s home agency.

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OPERATIONS ORDER

SITUATION:

SUSPECT(S): 1. Race: Sex:. DOB: Height: Weight: Hair: Eyes:

Armed: Photo: P/C for arrest: Criminal History: A. LOCATION DESCRIPTION: Exact street address: Name of Business or Apartment: Address visible on approach: Colors: Stories: Structure Type: Distinctive: Fences/Gates: Fortifications: Hazards / Flammables / Methamphetamine: Children / Elderly / Medical / Conditions: Criminal History at Location: Areas of Observation: Additional Location Information: Sketch Information: B. THREAT LEVEL:

C. SPECIAL HAZARDS:

MISSION:

A.

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B. .

III. EXECUTION:

A. Entry Units:

1. Type of Entry: 2. Jump Off: .

3. Method of Entry:

4. Primary Entry: Hinges: Secondary Entry: Hinges: Route to Secondary:

5. NFDD(s):

B. Perimeter Units: C. Sniper Units: D. Marked Units:

E. Negotiators:

IV. ADMINISTRATION AND LOGISTICS:

A. EQUIPMENT:

B. TRANSPORTATION:

C. COMMAND POST LOCATION:

D. MEDICAL:

E. COMMUNICATION:

Tactical Alternate 1. Radio Frequencies:

F. DESIGNATED 1 SIDE:

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G. RULES OF ENGAGEMENT:

H. CONTINGENCY PLAN / IAD: I. RALLY POINT: J. POST ENTRY ASSIGNMENTS:

V. COMMAND AND CONTROL

A. INCIDENT/METRO COMMANDER:

B. TACTICAL COMMANDER:

C. MARKSMAN COMMANDER:

D. TACTICAL TEAM LEADER 1:

E. TACTICAL TEAM LEADER 2:

F. MARKSMAN TEAM LEADER:

G. NEGOTIATOR TEAM LEADER:

H. SUPPORT COMMAND:

VI. ADDITIONAL INFORMATION:

B. SUPPORT PERSONNEL: C. ORDER OF MOVEMENT:

Vehicle Line-Up:

ENTRY PERSONNEL AND ASSIGNMENTS

ENTRY ORDER

NAME

WEAPON ASSIGNMENT

SPECIAL EQUIPMENT

ASSIGNMENT

1 TL

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2 3 4 5 6 7 8 9

10 11 12

SUPPORT PERSONNEL

NAME ASSIGNMENT PERIMETER SNIPER

DRIVERS/MEDICS

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FLOOR PLAN

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AREA DIAGRAM/APPROACH ROUTE

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AFTER-ACTION REPORT

Type of Call-out: Date/Time: Location: Case Agency: Case Number: Call-out Authorization by: Description of Team Actions: Injuries: Property Damage: Name of the risk manager (from the originating agency) who was notified regarding the damage and/or injuries: Number of Actual Suspects: Disposition of Suspects: Debrief Notes: Other: Prepared by:

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OPERATION CHECKLIST (Reminder for Planning Purposes Only)

Aid Car Arrest Signals Briefings Building Approach Command Notified Communications Crossfire Destruction of Evidence Diagrams Direction of Door Swing Diversion Evacuation Hazardous Materials Fences Fire Extinguisher Floor Plans Barricades Primary Entry Secondary Entry Immediate Action plan Rules of engagement Informant Involvement Informant Reliability Innocent Parties – Kids, Etc. Intelligence Gathered Jurisdiction Advised Copy of Search Warrant

Knock & Announce Type of Crime Look Outs / Surveillance Outer Perimeter Point of No Return Inner Perimeter Suspect Present Pry Bars Rally Point Ram Rescue Plan Risk Matrix Special Risks Hand Signals Speed of Entry Staging Areas Supervision Police Surveillance Criminal History Time of Day Uniform Presence Dispatch Advised Vehicles Warrant and Affidavit Weapons Involved 360 Degree Coverage

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CHAPTER 8

METRO SWAT COMMUNICATIONS 8.1 PURPOSE OF COMMUNICATIONS

Communication amongst team members and the Command Post are vital to ensure a successful resolution to a critical incident or warrant service. The SWAT commander must also be able to contact team members during their off duty time so they can respond in timely manner to an on-going critical incident.

8.2 NEED FOR COMMUNICATIONS

Protocol must be established so that proper procedures are followed during incidents.

8.3 CONCEPT OF COMMUNICATIONS 8.3.1 RADIO

During all team activations a tactical radio frequency shall be designated. Use of that tactical radio frequency shall be restricted to only SWAT communications. A secondary tactical frequency may be used and designated the “Sniper” tactical frequency. All Command Post and support services radio traffic shall be conducted on a different radio frequency.

During tactical incident activation all SWAT tactical radio traffic may be monitored and recorded. An incident "record-keeper" should be designated by the Command Post and a written record maintained of all SWAT actions. In the absence of a designated record-keeper, all SWAT radio communications shall be conducted on a Puyallup or Bonney Lake monitored and recorded frequency, if available. Once an incident record-keeper is in place, tactical radio traffic may be switched to a non-recorded frequency if necessary.

8.3.2 PAGERS

Team members shall maintain department issued pagers. Pagers shall remain functional 24 hours a day, and will be carried by the individual team member at all times that they are available for callout response. Tactical incident call outs will initially be completed only by pager notification.

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CHAPTER 9

METRO SWAT USE OF FORCE "RULES OF ENGAGEMENT”

9.1 PURPOSE USE OF FORCE "RULES OF ENGAGEMENT"

Team members shall utilize only the level of force that is reasonable and necessary to protect themselves or others from bodily injury or harm. The protection of life is more important than either the apprehension of criminal offenders or the protection of property. The member’s responsibility to protect life must include his/her own life.

9.2 NEED FOR USE OF FORCE "RULES OF ENGAGEMENT"

Members shall use a reasonable amount of force necessary to accomplish the arrest, overcome resistance to arrest, defend themselves or others from harm, or to control a situation.

The degree of force used should be in direct relationship to the amount of resistance perceived by the member, or the imminent threat the person poses to the member or others.

Definitions:

“Necessary” means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.

[RCW 9A.16.010 (1)]

“Deadly force” means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury.

[RCW 9A.16.010 (2)]

In certain situations, it may be necessary to use deadly force to stop a suspect who is not an immediate threat to SWAT members. On those occasions, the SWAT Commander has the authority to issue a “DELTA” order to stop a suspect.

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9.3 CONCEPT USE OF FORCE "RULES OF ENGAGEMENT"

9.3.1 Deadly Force a. Deadly force may only be used when reasonably necessary to protect the member or others from what he or she reasonably believes is an imminent threat of death or serious physical injury.

b. Metro SWAT personnel are authorized to use deadly force to capture or seize a dangerous suspect when there is probable cause to believe that the suspect has committed a crime involving the infliction of serious bodily harm, and there is no reasonable safe means of preventing the suspect’s escape.

9.3.2 Delta Order “Delta” shall be the command order authorizing the use of deadly force to stop the actions of the suspect at the first reasonable opportunity.

Only the Incident Commander shall authorize the “Delta” order.

The Metro SWAT Tactical Commander will issue the Delta order to affected team Members. Team members will acknowledge receipt of “Delta” order.

The Delta order will always identify the incident commander authorizing the order.

The Delta order will always identify the affected team member(s) receiving the order.

9.3.3 Warning Shots Warning shots are not authorized.

9.3.4 Less-Lethal Weapons Less-lethal weapons may be used to control persons or to defend the member or others from harm.

9.3.5 Rendering Aid After the Use of Force

Appropriate medical treatment will be provided after force is used, whenever:

a. There is any obvious injury.

b. There is any complaint of injury.

c. There is an application of any neck restraint.

d. The member or the member’s supervisor requests medical treatment be provided.

e. Medical treatment will be offered if injury is suspected.

When safe to do so, initial medical treatment should be provided by a team member depending on the training and expertise of that member.

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9.3.6 Use Of Force – Reporting A use of force report will be completed, and a supervisor will be notified verbally, whenever a member:

a. Intentionally discharges a firearm for other than training.

b. Takes any action that results in, or is alleged to have resulted in, injury or death of another person.

c. Applies force through the use of lethal or less-lethal weapon;

d. Applies force when:

1. Obvious injury or complaint of injury results, or

2. Medical treatment is requested or required, or

3. The force used results from a criminal charge (i.e. resisting arrest),

4. The member or the member’s supervisor requests documentation.

Use of force reports shall be submitted through the member’s respective department for review. All use of force reports will be filled with the After Action packet.

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METRO SWAT CHAPTER 10

CHAPTER 10

METRO SWAT INTERNAL COMPLAINTS 10.1 PURPOSE OF INTERNAL COMPLAINTS

The internal complaint process is established for a structured and fair means to address allegations of misconduct regarding members of the Metro SWAT Team members will be thoroughly investigated.

10.2 NEED FOR INTERNAL COMPLAINTS POLICY

Metro SWAT Team consists of members from different agencies. Each agency must comply with their respective policies and labor agreements while investigating complaints of misconduct.

To avoid duplication of efforts, the following guideline should be followed to ensure a complete, thorough, and fair investigation for all parties involved.

10.3 CONCEPT OF INTERNAL COMPLAINTS

10.3.1 Receiving the Complaint

The agency that receives the complaint will be designated as the Lead Agency. It is likely that the complainant will make the complaint in the jurisdiction where Metro SWAT was used.

If the complaint is a result of an action that occurred outside of the jurisdictions of the participating agencies, the Lead Agency will fall to who ever requested Metro SWAT’s assistance. If the complaint stems from a jurisdiction that is not a member of the Coop Cities then the officer’s agency who received the complaint will serve as the Lead Agency.

10.3.2 Lead Agency Responsibilities

The Lead Agency will be responsible for:

a. Interviewing the complainant; b. Notifying the SWAT Commanders of the allegation; c. Interviewing all civilian witnesses; d. Obtaining copies of reports, dispatch tapes, etc. e. Forwarding copies of all investigative materials to affected agencies involved; f. Notifying the Complainant of the outcome of the investigation.

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10.3.3 Participating Agency Responsibilities

Each agency will be responsible for:

a. Interviewing their respective officers. b. Coordinating witness officer statements with the Lead Agency. c. Forward a copy of the investigation through their respective process for a

finding. d. Disciplining the officer, if sustained. e. Notifying the Lead Agency and the SWAT commander of the finding of the

investigation. f. If the complaint is sustained, team discipline may also occur.

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CHAPTER 11

METRO SWAT SELECTION PROCESS

11.1 PURPOSE OF THE SELECTION PROCESS

Due to the critical nature of SWAT operations, it is essential that only qualified officers be selected to be members of the team. The purpose of the selection process is to establish a structured, best practice approach to team member selection.

11.2 NEED OF THE SELECTION PROCESS

Due to the need to select qualified individuals, the following criteria are guidelines for each agency to better determine the qualifications and standards necessary to be selected as a team member.

11.4 SELECTION CRITERIA

Metro SWAT shall maintain a selection criteria and process to select the most qualified individuals for appointment to the Metro SWAT Team. The sole purpose of SWAT selection criteria is to assure appointment of the best individual suited for the SWAT Team.

The selection criteria will be maintained in written policy within each agency. Selection criteria should include review and evaluation of the applicants:

a. Experience - Minimum of 3 years law enforcement experience with current department or as a lateral from another department, , military, or specialized training such as EMS, firearms or tactical experience.

b. Psychological make-up - Mentally and emotionally stable, and

demonstrates self-discipline.

c. Ability to function as team member. d. Minimal citizen complaints, disciplinary actions, and internal

investigations. Demonstrate high levels of performance, and review of past performance evaluations.

f. Demonstrate high level of physical fitness.

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g. Demonstrate interest in and aptitude for SWAT. 11.5 SELECTION PROCESS

It is recommended that the selection process be maintained in writing within each Department. Selection process should include:

1. Written application, resume, and/or letter of interest. 2. Internal review of qualifications and oral board. 3. Successful completion of physical fitness standard (see section on Unit

Fitness Standards). 4. The final appointment will be made by the Chief of Police from the

agency with the open position. 11.6 TEAM MEMBERS WHO HAVE LEFT METRO SWAT

Past SWAT Team members who have left the team under circumstances involving a leave of absence, voluntary withdrawal, or failure to maintain adequate levels of performance or physical fitness, may reapply to SWAT. Preference for filling an existing opening may be given to past member when a consensus of the team leadership feels it is appropriate. Under these circumstances, past members do not need to go through the applicant process. The past member will be given a physical fitness test, which they must pass, and then will be brought back to the team. All standards for continued membership on the team then apply.

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CHAPTER 12

METRO SWAT TEAM MEMBER PROBATIONARY

STATUS 12.1 PURPOSE OF PROBATIONARY STATUS To provide a trial service period for new members to the Metro SWAT team.

New team members assigned to Metro SWAT shall be in probationary status for a one-year period of time. New team members will not be assigned to entry teams until receiving written confirmation from their team leader that they possess the requisite skills for the assignment and they have successfully completed a Washington State Criminal Justice Training Commission recognized Basic SWAT Course or equivalent. Their abilities, attitude, teamwork, and general progress will be continually evaluated during the probationary period. The team leader will collect a monthly evaluation form for each probationary team member from the Team Field Training Officer. Inability of a probationary team member to meet standards may be cause for removal from the team.

12.2 NEED FOR PROBATIONARY STATUS

In order to evaluate new members to Metro SWAT, a period of time needs to pass to ensure that officers are meeting the requirements of SWAT.

Existing team members may be assigned to temporary "limited duty" for failure to meet minimum team standards. "Limited duty" may include but not limited to: restricted use of specific team equipment/weapons, tactical utilization, or tactical assignments. A temporary "limited duty” assignment can be made as a result of a team member's:

a. Failure to successfully complete firearms qualifications. b. Failure to attend two consecutive firearm qualification sessions. c. Failure to attend scheduled training without SWAT Commander approval. d. Failure to obtain necessary operator training in the use of team

equipment/weapons. e. Failure to maintain team minimum standards.

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Inability of a team member to correct the reason for a "limited duty" assignment may be cause for removal from the team.

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Metro SWAT Probationary Member Checkoff

Officer’s Name _______________________________ Date assigned to Metro SWAT_____________ Agency__________________

Passed all Metro SWAT physical fitness requirements on _________________ Basic SWAT, dates _____________________

Submachine Gun user certification, dates ______________________

Noise-Flash Diversion Device certification, date ______________________

Metro SWAT pup school, dates _____________________

Attended the following monthly team training sessions:

________________________________________________________________________________________________________________________________________

Metro SWAT handgun qualifications on: ____________________________________________________________________ Metro SWAT automatic weapon qualifications on: ____________________________________________________________________ Other ____________________________________________

Agency commander’s signature ___________________________ Date _______________

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METRO SWAT CHAPTER 13

CHAPTER 13

METRO SWAT EQUIPMENT 13.1 PURPOSE OF SWAT EQUIPMENT

Policy on specialized SWAT equipment is established to ensure that team equipment is uniform and conforms to established guidelines. Each participating Police Agency shall strive to secure and maintain individual equipment that meets or exceeds standards of the Metro SWAT Team.

13.2 NEED FOR SWAT EQUIPMENT

Due to the specialized nature of SWAT operations, special equipment is needed to conduct SWAT operations. Each individual Police Department shall be responsible for the purchase, maintenance, and repair of equipment and supplies utilized by its assigned team members.

13.3 CONCEPT OF SWAT EQUIPMENT 13.3.1 TEAM MEMBER RESPONSIBILITIES

Each team member has a responsibility for appropriate care and use of team equipment. No team member shall utilize any piece of team equipment for which they have not been fully trained or have not demonstrated knowledge and proficiency with.

Each team member shall assure proper functioning and sight adjustment of any firearm prior to tactical utilization.

Team members shall wear ballistic body armor during all call outs and tactical applications. Limited exceptions may be approved by the SWAT commander or designated team leader, and only when a necessary tactical maneuver cannot be accomplished while wearing the armor or when potential danger to the affected team member(s) is not excessive.

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13.3.2 EXPLOSIVES Explosives are not currently authorized for use by Metro SWAT Team members.

13.3.3 BREACHING PROJECTILES

Breaching projectiles, commonly known as "Shock Lock Rounds" or equivalent, are weapon fired projectiles used to defeat entry point hinges and/or lock mechanisms. Only team members trained in the use, effects, hazards, and methods of deployment, shall be authorized to utilize breaching projectiles.

Breaching projectiles shall only be utilized with prior approval of the SWAT commander, except in emergency response to precipitous actions by the suspect. This projectile may be authorized if the team encounters a vicious, hostile animal that poses an imminent threat to a member’s safety and less lethal options are not available. 13.3.4 LESS LETHAL/SPECIALTY IMPACT MUNITIONS

For the purpose of this policy, less lethal impact projectiles are defined as those munitions which can be fired launched or otherwise propelled for the purpose of encouraging compliance, overcoming resistance or preventing serious injury without posing a significant potential for causing death. Examples of less lethal impact projectiles include:

Beanbags. Foam or rubber batons. Rubber pellets. Taser Darts. Launchable wooden dowels.

Other approved specialty impact munitions.

Only personnel who have successfully completed a Metro SWAT approved training course in the proper deployment of less than lethal munitions will be authorized to deploy them in actual operations. In order to remain authorized to use the less lethal munitions, members will successfully complete a refresher course on an annual basis. All Metro SWAT approved training courses will be instructed by personnel who have successfully completed the respective manufacturer’s instructor course and re-certifications as required.

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Except in extreme emergencies, less lethal munitions will not be used without prior authorization from the SWAT tactical commander. In absence of SWAT tactical commander, the team leader and or assistant team leader may authorize their use. 13.3.5 Noise Flash Diversionary Devices Metro SWAT will use Noise Flash Diversionary Devices (NFDD) per training and SOP to gain a tactical advantage. All SWAT personnel will be certified yearly on the use of NFDDs. A member of Metro SWAT will be designated to document the use of NFDDs by team members. Generally, the use of NFDDs will be authorized by the team commander unless an emergency situation arises where the use of an NFDD is necessary to avoid injury to a member or innocent person. NFDDs will never be used as a weapon against a suspect unless deadly force is justified. All NFDDs will be deployed in full view of the deploying team member. Absent exigent circumstances and team commander authorization, an NFDD will never be “blindly deployed” by the team. Adequate fire suppression equipment will be carried by team members when NFDDs are deployed to mitigate potential fire hazard from the use of the NFDDs. NFDDs will NEVER be deployed outside of the SWAT environment without approval of the tactical commander.

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CHAPTER 14

METRO SWAT FIREARMS 14.1 PURPOSE OF SWAT FIREARMS

A firearms policy is established to govern the use of firearms as they relate to their use and deployment on the Metro SWAT Team.

Team personnel will adhere to the Firearms Policy of their parent Police Department. Team members shall utilize only those firearms for which they are fully trained and qualified. Members will qualify with their assigned weapons on a quarterly basis.

14.2 NEED FOR SWAT FIREARMS

Due to the need for specialized firearms and increased firearms proficiency for tactical operations, the following policy will be implemented.

Each participating police department shall assure that their team members have received all necessary specialized firearms training, orientation, familiarization, and demonstrated proficiency in the operation of all firearms utilized. Each individual police department shall maintain documented training records pertaining to firearms training and qualifications of the assigned team members. A copy of all records will be forwarded to the SWAT Training Coordinator. Each police department shall assure their team members have received sufficient basic training to be competent with all assigned unit firearms.

All team members shall practice and utilize a sighted method of fire and/or close quarter battle method and/or laser sited method of fire.

Only specified department ammunition shall be utilized during a tactical activation.

14.3 CONCEPT OF SWAT FIREARMS 14.3.1 HANDGUNS

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Metro SWAT will conduct quarterly handgun qualifications for team members. Metro SWAT has established handgun qualification standards and assures that all assigned team members meet those standards without exception. This standard may be in addition to the parent agency handgun standards for members. Team members shall only utilize the make, model, and caliber of handgun authorized by their department and with which they have successfully qualified.

14.3.2 RIFLE MARKSMEN

SWAT Marksmen will conduct monthly rifle qualifications with their assigned rifle. Metro SWAT Marksman will establish a rifle qualification standard and assure that all assigned members meet those standards without exception.

Marksmen must establish and maintain expertise with their assigned rifle. Persistent practice of proper fundamentals in technique and the ability to concentrate will deliver the objective of an accurate shot. Marksmen will attend monthly training and quarterly qualification with their assigned rifle. The training and qualification scores will be documented and forwarded to the SWAT Training Coordinator for record keeping. The documentation will include but not be limited to: Date of training Cold shot placement Target distances External conditions at time of firing Accuracy notations

14.3.3 SUB-MACHINE GUNS

Only qualified team members shall operate unit sub-machine guns. Each team member shall utilize trained and practiced trigger control methods to fire only the minimum number of rounds dictated by the situation. Full-automatic fire shall be limited to short controlled bursts. Team members shall maintain fire discipline at all times. Individual team members have the discretion to select a “multi round burst", semi-automatic, or full automatic fire modes as circumstances dictate.

14.3.4 CARBINE RIFLES

Only qualified team members shall operate unit carbine rifles (.223 caliber). Each team member shall utilize trained and practiced trigger control methods to fire only the minimum number of rounds dictated by the situation. Full-automatic fire shall be limited to short controlled bursts. Team members shall maintain fire discipline at all times. Individual team members have the discretion to select a “multi round burst", semi-automatic, or full automatic fire modes as circumstances dictate.

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See Appendix I for copies of SWAT qualification courses.

14.4 Negligent Discharge

A Negligent Discharge (ND) by a team member, at any time, whether while performing SWAT duties or other duties, both on and off shift, will result in the following actions. If the ND did not impact another person, the team member will be immediately placed in a non-deployable status for 30 days and will be remedialized in the handling of weapons. If the ND impacted another person, the team member will be immediately dismissed with no possibility of return to the team. Every ND by a team member will be reviewed by SWAT command and the SWAT Oversight Committee to determine the appropriate course of action.

14.5 Shooting Review Board Every intentional discharge of a firearm by a team member during a mission will

be reviewed by the SWAT Oversight Committee. The review will consist of the SWAT Oversight Committee Chair or his/her designee, a member of the operator who discharged his/her firearm’s command staff, a SWAT Team Leader and a member of the SWAT team chosen by the officer who discharged their weapon. The Review Board will render a written decision ruling the discharge either justified or not justified. The original finding will be kept with the Metro SWAT records and a copy of the findings will be forwarded to the operator’s agency. If the discharge is ruled not justified, the Review Board will make a recommendation for possible sanctions with regards to SWAT participation to the operator’s agency. If the operator’s agency is conducting a shooting review board surrounding the incident, the SWAT Oversight Committee may accept the findings of this process as their official review.

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Metro SWAT Long Gun Qualification Course

All drills begin with the Officer standing, holding their shoulder weapon at low ready position. All shots are fired at the target’s chest unless specified otherwise. The word “press” for autos means fire two rounds with a single press of the trigger. (There is no penalty fofiring more than two, provided that all rounds are fired within the time limit and all are on target). For semi-auto, “press” means fire onround. All rounds fired must be fully contained inside the silhouette. Any “air” at the edge of the silhouette or any miss is automatically disqualifying. Holes that break the line between scoring rings get the higher value. Semi-auto: 67 total rounds, 201 points possible, 191 is the mini passing score (95%). Automatics: 114 total rounds, 342 points possible, 325 is the mini passing score (95%).

Distance to the

Target

Performance Instructions

Time Limit

Auto- Round Count

SemRouCou

50 yard line

On semi-auto. When the signal is given, fire 2 rounds standing, kneel and fire 2 rounds; go prone and fire 2 rounds.

25

Seconds

6 6

25 yard line

On semi-auto. When the signal is given, fire 2 rounds standing, kneel and fire 2 rounds; go prone and fire 2 rounds.

18

Seconds

6 6

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25 yard line

On semi-auto. Done standing. When the signal is given, aim and fire 2 rounds.

3

Seconds

2 2

Repeat

Repeat the above

Repeat

2

2

15 yard line

On semi-auto. When the signal is given, aim and fire one round to the head.

3

Seconds

1 1

Repeat

Repeat the above.

Repeat

1 1

*********

*Score targets: verify 16 hits in the body, 2 in the head*

******

******

****

Full-Auto

Suggested fresh magazine (Auto will need 20 rounds) For officers who deploy their weapon on full-auto at any time all remaining stages of fire must be in the FULL-auto mode

10 yard line

When the signal is given, fire two presses to the body.

2 Seconds

4 2

Repeat

Repeat the above

Repeat

4 2

7 yard line

When the signal is given, fire two presses to the body.

1.5 Seconds

4 2

Repeat Repeat the above Repeat 4 2

Repeat Repeat the above Repeat 4 2 10 yard line to 5 yard line

When the signal is given, begin walking toward the target and fire two presses to the body, followed by one press to the head, all while moving.

5 Seconds

6 6

Repeat

Repeat the above

Repeat

6 6

10 yard line to 3 yard line

AUTOS set up with a round in the chamber and three rounds in the magazine. SEMIS are set up with a round in the chamber and one round in the magazine. When the signal is given, walk toward the target and fire your long gun until it has a stoppage, TRANSITION to your pistol and fire one round to the head, all while walking toward your target.

8 Seconds

4, plus 1

pistol 2, pl

pis

Repeat

Repeat the above

Repeat

4, plus 1

pistol 2, pl

pis 7 yards to 3 yard line

Line up in front of your own target. When the signal is given, walk straight ahead and fire two presses to the body followed by one press to the head, all while on the move

4 Seconds

6 3

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7 yards to 3 yard line

Line up one lane to the left of your own target. When the signal is given, walk straight ahead and fire two presses to the body followed by one press to the head, all while on the move

4 Seconds

6 3

7 yards to 3 yard line

Line up one lane to the right of your own target. When the signal is given, walk straight ahead and fire two presses to the body followed by one press to the head, all while on the move

4 Seconds

6 3

5 yard line

When the signal is given, fire two presses to the body, followed by one press to the head.

2.5 Seconds

6 3

5 yard line

When the signal is given, fire two presses to the body, followed by one press to the head.

2.5 Seconds

6 3

3 yard line

Wear your chemical agent mask. When the signal is given, fire two presses to the body, followed by one press to the head.

2 Seconds

6 3

3 yard line

Wear your chemical agent mask. When the signal is given, fire two presses to the body, followed by one press to the head.

2 Seconds

6 3

3yard line

Wear your chemical agent mask. When the signal is given, fire two presses to the body, then step forward and fire one press to the head.

4. Seconds

6 3

3yard line

Wear your chemical agent mask. When the signal is given, fire two presses to the body, then step back and fire one press to the head.

4. Seconds

6 3

Metro SWAT Pistol Qualification Course

Distance to the Target

Performance Instructions

Time Limit

Begin at 25 yard line….. ….shoot from the 15 yard line.

Standing at the 25 yard line with your pistol in a low ready position. On the command of “Move” start walking toward the target. At about the 15-yard line the signal to engage will be given:

• Fire 5 rounds standing in the open; • Step behind cover and do a reload; • Fire 5 rounds standing behind cover; • Do another reload; • Kneel behind cover and fire 5 Rounds.

50 Seconds

Begin at 7 yard line.. ….finish before 3 yard line.

With the pistol in a low ready position, on the command of “Move” the signal to engage will be given. Walk forward and fire 2 rounds to the body followed by 1 round to the head. For each of these drills you will walk straight ahead, staying in the designated lane while engaging your own target. Finish shooting before you get to the 3 yard line.

1. Line up in your own lane, you will shoot straight ahead. 2. Line up one lane to the LEFT, shot “oblique” to the right. 3. Line up one lane to the RIGHT, shoot “oblique” to the left.

4 Seconds

Done 3 Times

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Begin at the 15 yard line… … finish before the 3 yard line.

With one round in your long gun. Line up in front of your target. On the command of “Move” begin to walk towards your target. When given the signal to engage, fire 2 presses at center mass of the target. When you get a stoppage, transition to handgun, fire 4 additional rounds at your target.

6 Seconds

At the 3 yard line

Wearing your chemical agent mask for each of there drills. Your pistol begins secured in the holster and each repetition. When the signal is given, you will draw and fire 4 rounds to the body. On one of these drills the range official will call out “Body Armor!”. For that drill you will fire 1 round to the head after the four body shot.

1. Stand still while drawing and shooting. 2. Take one step to the left while drawing and then engage. 3. Take one step to the right while drawing and then engage. 4. Take one step to the rear while drawing and then engage. 5. Take one step forward while drawing and the engage.

4 Seconds

SCORING: • 50 Rounds total: 45 to the body, 5 at head. • Any round that touches any air off the silhouette is automatically disqualifying. • 150 points possible. 135 points (90%) is the minimum passing score.

Metro SWAT Shield Qualification Course

All stages of fire begin with the weapon in the ready position.

Distance to the Target

Performance Instructions

Time Limit

3 yard line With the weapon in the strong hand, when the signal is given, fire 4 rounds center mass. With the weapon in the support hand, when the signal is given, fire 4 rounds center mass.

3 Seconds

5 yard line With the weapon in the strong hand, when the signal is given, fire 3 rounds center mass. With the weapon in the support hand, when the signal is given, fire 3 rounds center mass.

4 Seconds

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Begin at the 10 yard line… … finish before the 3 yard line.

Beginning at the 10 yard line with the weapon in the strong hand. When the signal is given begin to walking toward your target and fire 5 rounds while moving. Finish shooting before you reach the 3 yard line. Beginning at the 10 yard line with the weapon in the support hand. When the signal is given begin to walking toward your target and fire 5 rounds while moving. Finish shooting before you reach the 3 yard line.

No Time Lim

Begin at the 10 yard line… … finish before the 3 yard line.

Beginning at the 10 yard line with the weapon in the strong hand. When the signal is given begin to walking toward your target and fire 2 rounds center mass and 1 round to the head while moving. Finish shooting before you reach the 3 yard line. Beginning at the 10 yard line with the weapon in the support hand. When the signal is given begin to walking toward your target and fire 2 rounds center mass and 1 round to the head while moving. Finish shooting before you reach the 3 yard line.

No Time Lim

SCORING: • 30 Rounds total: 28 to the body, 2 at head. • Any round that touches any air off the silhouette is automatically disqualifying. • 90 points possible. 81 points (90%) is the minimum passing score.

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METRO SWAT

CHAPTER 15

METRO SWAT PHYSICAL FITNESS STANDARDS

15.1 PURPOSE OF SWAT PHYSCIAL FITNESS STANDARDS

To ensure that team members are physically able to perform all essential functions of a SWAT Operator.

Physical fitness standards for members of Metro SWAT shall be based upon the SWAT fitness standards as identified by the Washington State Tactical Officers Association (WSTOA) and Washington State Criminal Justice Training Commission (CJTC).

15.2 NEED OF SWAT PHYSCIAL FITNESS STANDARDS

Each team member shall maintain a level of physical fitness to ensure that they are capable of completing all of the unit’s missions. The test is used to determine an “overall” level of fitness.

15.3 PHYSCIAL FITNESS STANDARDS

The fitness standards required prior to each Team Member being placed on the team will be the following:

a. 6 pull-ups, no time limit b. 35 sit-ups, one minute c. 35 push-ups, one minute d. Aerobic Fitness (1.5 mile run) Under 12:30 minutes

After successfully passing the initial physical fitness requirements, all team members shall complete a fitness evaluation annually. The fitness evaluation will be an agility test. This standard reflects bona fide job related skills such as upper body strength, endurance and coordination. The agility test is job specific and features challenges that SWAT members are likely to encounter while on a mission. The agility test is to be taken while wearing their tactical boots, BDU pants and BDU top and will be timed. Gloves are optional. Team members must complete the course in 9 minutes and 30 seconds or less. The agility test will consist of the following: 1) Monkey Bars 2) Elevated Pushups (20) 3) Balance Beam (Log Jump Obstacle)

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4) Pull Ups (6) 5) Box Jump (10)(Sitting Hamstring Obstacle) 6) Standing Crunches (15)(Vertical Curl Obstacle) 7) Wall Climb 8) Balance Beam 9) Tires 10) Dips (10)

Team members that fail to meet the team’s physical fitness standards during the fitness evaluation will be placed on limited duty until successfully passing the physical fitness

test. Team members will have 30 days from the date of the initial test to successfully pass the physical fitness test. Members who fail the second test are subject for review by the team’s command staff and are subject for removal from the team. When a team member fails an event of the fitness evaluation, the second test shall consist of all the events and not only the event previously failed.

Team members who do not attempt the fitness evaluation due to a documented injury will be given sufficient time to prepare for the physical fitness test prior to being required to perform the test. Sufficient time shall be time equal to the amount of time the officer missed work and was on limited duty at their respective agency. Additional time may be allowed to an officer recovering from an injury if requested in writing prior to the expiration of the above listed period, but not to exceed 90 days from full return to duty.

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CHAPTER 15

METRO SWAT PHYSICAL FITNESS STANDARDS

15.1 PURPOSE OF SWAT PHYSCIAL FITNESS STANDARDS

To ensure that team members are physically able to perform all essential functions of a SWAT Operator.

Physical fitness standards for members of Metro SWAT shall be based upon the SWAT fitness standards as identified by the Washington State Tactical Officers Association (WSTOA) and Washington State Criminal Justice Training Commission (CJTC).

15.2 NEED OF SWAT PHYSCIAL FITNESS STANDARDS

Each team member shall maintain a level of physical fitness to ensure that they are capable of completing all of the unit’s missions. The test is used to determine an “overall” level of fitness.

15.3 PHYSCIAL FITNESS STANDARDS The fitness standards for each Team Member will be the following: a. 6 pull-ups, no time limit b. 35 sit-ups, one minute c. 35 push-ups, one minute d. Aerobic Fitness (1.5 mile run) Under 12:30 minutes

All team members shall complete a fitness evaluation annually. New team members shall be able to meet the physical fitness standard prior to appointment to the team.

Team members that fail to meet the team’s physical fitness standards during the fitness evaluation will be placed on limited duty until successfully passing the physical fitness

test. Team members will have 30 days from the date of the initial test to successfully pass the physical fitness test. Members who fail the second test are subject for review by the team’s command staff and are subject for removal from the team. When a team member fails an event of the fitness evaluation, the second test shall consist of all the events and not only the event previously failed.

Team members who do not attempt the fitness evaluation due to a documented injury will be given sufficient time to prepare for the physical fitness test prior to being required to perform the test. Sufficient time shall be time equal to the amount of time the officer missed work and was on limited duty at their respective agency. Additional time may be allowed to an officer recovering from

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an injury if requested in writing prior to the expiration of the above listed period, but not to exceed 90 days from full return to duty.

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CHAPTER 16

METRO SWAT TRAINING 16.1 PURPOSE OF SWAT TRAINING

Advanced training for all SWAT team members is imperative to operate effectively in a SWAT environment. Each participating Police Department shall make every effort to schedule all assigned team members to attend monthly SWAT training sessions.

16.2 NEED FOR SWAT TRAINING

Due to the limited time available for SWAT training, the complicated nature of tactical operations, and the potential consequences for the actions of an untrained team member, it is imperative that all team members attend every scheduled SWAT training session.

16.3 CONCEPT OF SWAT TRAINING

Each new team member assigned to the team shall attend a Washington State Criminal Justice Training Commission certified Basic SWAT course and/or State Certified Equivalent, or be scheduled to attend as soon as possible after assignment. Newly assigned team members shall only be utilized in a limited capacity until completion of Basic SWAT.

The Metro SWAT team leader shall assure that team members have received documented user training for their assigned weapons, chemical agents, less lethal and diversion devices.

The participating police departments shall determine the type, make, model, and caliber of firearm to be utilized by its team members. Metro SWAT will complete a specifically designed SWAT quarterly firearm qualification course for each of their assigned weapons.

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METRO SWAT METRO SWAT

Attendance Roster/Training Synopsis

Training:

Date:

Lead Instructor:

Name Weapon System

SYNOPSIS OF TRAINING:

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OVERALL:

AREAS TO SUSTAIN:

AREAS FOR IMPROVEMENT:

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METRO SWAT CHAPTER 17

CHAPTER 17

METRO SWAT TRAINING SAFETY

17.1 PURPOSE OF SWAT TRAINING SAFETY

To provide SWAT members with rules and regulations which will govern how the team trains with certain equipment, role players, and duty weapons.

17.2 NEED FOR SWAT TRAINING SAFETY

Metro SWAT endeavors to provide training for its members that are realistic, challenging and fun. It is imperative that the team takes active measures to ensure the safety of role players, team members, and observers during training. The following guidelines will be strictly enforced and any team member found violating these rules will stand down for the remainder of the training day. In addition, team members who willfully ignore these rules and/or are repeat offenders will be considered for removal from the team.

17.3 CONCEPT OF SWAT TRAINING SAFETY

These rules are enforceable by any team member and should be brought to the attention of the team leaders and team commanders immediately. These rules will be broken into categories.

17.3.1 WEAPONS

Prior to using duty weapons for any scenario, role playing, or other assignment, a designated safety officer who is familiar with all of the weapons present will conduct a weapons check. The safety officer will be responsible for weapons check for the entire training day. The weapons check will consist of checking each officer’s primary and secondary weapon to ensure that the weapon is incapable of firing and/or loading a live round. This can be accomplished by: Simunitions barrel replacement Removing firing pins Removing Bolts Installing Magazine Blocks or Chamber Checkers

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Placing a piece of string down the barrel of the weapon. The string should be tied so that it will not fall out and should be of sufficient diameter to prevent the gun from locking into battery and preventing a live round from entering the chamber or any other means which will prevent the gun from firing/chambering a live round. The weapons check will be conducted prior to the start of training and after any break in training such as lunch or classroom instruction. In addition to checking the team weapons, team members will also be checked to ensure that they have removed ALL live ammunition from their magazine pouches, tactical vests, pockets, etc. No firearms capable of firing a live round will be permitted during role playing scenarios!

17.3.2 SIMUNITIONS When the team uses Simunition-marking cartridges as part of the training, team members and all participants, whether actively involved or evaluating training will be required to wear adequate eye and ear canal protection. This can be a Simunition helmet with face shields or goggles that are rated to stop a 68 cal. paint ball traveling at 300 fps, and ear canal protection. A balaclava is not sufficient for ear protection because simunition cartridges will tear cloth material and could enter the ear canal causing damage. Military issued goggles are also insufficient because the lens is too thin to reliably stop the Simunition round.

17.4. ROLE PLAYERS When role players are used for scenario or entry training they will become immediately compliant when touched by a team member. If the training requires the use of defensive tactics, the role player will be outfitted with appropriate protective gear, i.e. Fist or Red Man suit. This does not include defensive tactics training that is not incorporated into role-playing scenarios. The officer who is running the training scenarios will also brief role Players of the team’s expectations. The role player will also be checked for any weapons by the designated safety officer prior to the start of training. The expectations for role players include, but are not limited to: Ensuring they understand that they must adhere to the instructions of the officer coordinating training and to become immediately compliant when touched. They must wear appropriate safety gear at all times.

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17.5 LIVE FIRE TRAINING

When conducting live fire training team members will follow the Four Universal Safety Rules. These Rules will be followed whether the team is conducting static drills or live fire entries.

The four universal safety rules are: a. All Guns are always loaded. b. Never point your muzzle at anything you are not willing to destroy.

c. Keep your finger off of the trigger until your sights are on target and you are

ready to shoot.

d. Be sure of your target. You must identify your target and know what is behind and beyond it.

Metro SWAT will run ranges in a “Hot” mode. This means that team members will keep their weapons loaded at all times. If the need should arise to load a weapon with an empty chamber, team members will do so from the firing line. Team member will ensure that no one is in front of the firing line prior to loading their weapons. Example: The team is at the 25-yard line and someone is hanging targets in front of them. NO ONE should be loading a gun unless that person comes back to the 25 yard line, or the shooter moves up to the target line in front of the person hanging targets.

17.6 SWAT MEMBER RESPONSIBILITY

All team members will familiarize themselves with this SOP and strictly adhere to the guidelines herein. By following these rules we can ensure the safety of team members, role players and evaluators.

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CHAPTER 18

METRO SWAT RECORDS 18.1 PURPOSE OF SWAT RECORDS

Metro SWAT must maintain all records pertaining to training, call-outs, planned actions, firearms qualifications, physical fitness, and team equipment.

18.2 NEED OF SWAT RECORDS

The SWAT commanders and team leaders must have instant access to records to successfully plan missions and training. This can only be accomplished if the information needed is stored in a central location rather than dispersed amongst each parent agency.

18.3 CONCEPT OF SWAT RECORDS 18.3.1 TRAINING

The parent police department shall be responsible to maintain training records for all SWAT equipment authorized for use by their assigned team members such as firearms, chemical agents and diversion devices. All documents will be copied and forwarded to the SWAT Records Coordinator.

The SWAT team leader shall assure that officers are utilizing only the specialized SWAT equipment for which sufficient documented training is recorded.

18.3.2 UNIT ACTIVITY

The SWAT team leader shall prepare an outline and after action report of all team in-service training and distribute a copy to each participating police department through the SWAT Oversight Committee.

The SWAT Commander shall prepare monthly team activity reports and distribute a copy to all Cooperative Cities members.

At the conclusion of any team activation, a designated team leader shall complete an "After Action Report" form and forward it to the SWAT Records Coordinator which will be forwarded to the SWAT Oversight Committee. Further, all team

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members will complete their after action report prior to the debrief and prior to being relieved for other duties.

18.3.3 ANNUAL EVALUATIONS

All non-probationary team members will receive written evaluations on a annual basis. Team members’ evaluations will be completed by the team leader or the assistant team leaders during the team week. All evaluations will be kept with the other records.

18.4 SWAT COMMANDER

The SWAT Commander shall oversee the maintenance of a records system of team activities, including: in-service training, training outlines, firearms qualification scores, physical fitness evaluations, "After Action Report" forms, OP Orders/Plans and pertinent correspondence related to the operation of Metro SWAT.

The SWAT Commander will ensure a copy of in-service training outlines and roster of team members attending training is completed and disseminated to each participating agency as requested.

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Metro SWAT Team Member Evaluation

Officer’s Name ___________________________ Date appointed to team _____________ Date(s) covered for this evaluation _____________________

Acceptable / Needs Improvement / Not Observed

Attitude & attentiveness

Equipment

Firearms skill

Judgment

Physical fitness

SOP - team tactics

COMMENTS

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

______________________________________

Evaluation done by _____________________________ Officer’s initials _____________ Date ______________

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Metro SWAT Probationary Member Checkoff

Officer’s Name _______________________________ Date assigned to Metro SWAT_____________ Agency__________________

Passed all Metro SWAT physical fitness requirements on _________________ Basic SWAT, dates _____________________

Submachine Gun user certification, dates ______________________

Noise-Flash Diversion Device certification, date ______________________

Metro SWAT pup school, dates _____________________

Attended the following monthly team training sessions: ___________________________________________________________

___________________________________________________________

__________________ Metro SWAT handgun qualifications on: ____________________________________________________________________ Metro SWAT automatic weapon qualifications on: ____________________________________________________________________ Other ____________________________________________

Agency commander’s signature ___________________________ Date _______________

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CHAPTER 18

METRO SWAT RECORDS 18.1 PURPOSE OF SWAT RECORDS

Metro SWAT must maintain all records pertaining to training, call-outs, firearms qualifications, physical fitness, and team equipment.

18.2 NEED OF SWAT RECORDS

The SWAT commanders and team leaders must have instant access to records to successfully plan missions and training. This can only be accomplished if the information needed is stored in a central location rather than dispersed amongst each parent agency.

18.3 CONCEPT OF SWAT RECORDS 18.3.1 TRAINING

The parent police department shall be responsible to maintain training records for all SWAT equipment authorized for use by their assigned team members such as firearms, chemical agents and diversion devices. All documents will be copied and forwarded to the SWAT Training Coordinator.

The SWAT team leader shall assure that officers are utilizing only the specialized SWAT equipment for which sufficient documented training is recorded.

18.3.2 UNIT ACTIVITY

The SWAT team leader shall prepare an outline and after action report of all team in-service training and distribute a copy to each participating police department through the SWAT Oversight Committee.

The SWAT Commander shall prepare monthly team activity reports and distribute a copy to all Cooperative Cities members.

At the conclusion of any team activation, a designated team leader shall complete an "After Action Report" form and forward it to the SWAT Training Coordinator which will be forwarded to the SWAT Oversight Committee. Further, all team

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members will complete their after action report prior to the debrief and prior to being relieved for other duties.

18.3.3 QUARTERLY EVALUATIONS

All non-probationary team members will receive written evaluations on a quarterly basis. Team members’ evaluations will be completed by the team leader or the assistant team leaders. All evaluations will be kept with the other records.

18.4 SWAT COMMANDER

The SWAT Commander shall oversee the maintenance of a records system of team activities, including: in-service training, training outlines, firearms qualification scores, physical fitness evaluations, "After Action Report" forms, and pertinent correspondence related to the operation of Metro SWAT.

The SWAT Commander will ensure a copy of in-service training outlines and roster of team members attending training is completed and disseminated to each participating agency as requested.

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Metro SWAT Team Member Evaluation

Officer’s Name ___________________________ Date appointed to team _____________ Date(s) covered for this evaluation _____________________

Acceptable / Needs Improvement / Not Observed

Attitude & attentiveness

Equipment

Firearms skill

Judgment

Physical fitness

SOP - team tactics

COMMENTS

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

______________________________________

Evaluation done by _____________________________ Officer’s initials _____________ Date ______________

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Metro SWAT Probationary Member Checkoff

Officer’s Name _______________________________ Date assigned to Metro SWAT_____________ Agency__________________

Passed all Metro SWAT physical fitness requirements on _________________ Basic SWAT, dates _____________________

Submachine Gun user certification, dates ______________________

Noise-Flash Diversion Device certification, date ______________________

Metro SWAT pup school, dates _____________________

Attended the following monthly team training sessions: ___________________________________________________________

___________________________________________________________

__________________ Metro SWAT handgun qualifications on: ____________________________________________________________________ Metro SWAT automatic weapon qualifications on: ____________________________________________________________________ Other ____________________________________________

Agency commander’s signature ___________________________ Date _______________

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CHAPTER 19

METRO SWAT VERBAL COMMANDS 19.1 PURPOSE OF VERBAL COMMANDS

To provide SWAT member with a standard set of verbal commands for frequently occurring situations, such as reloading, entering and leaving rooms.

19.2 NEED OF VERBAL COMMANDS

To prevent confusion amongst team members during critical incidents. By setting forth standard verbiage, all team members will understand exactly what is being communicated and what they should do to respond immediately.

19.3 CONCEPT OF VERBAL COMMANDS Team members need to be able to communicate effectively while being clear and concise as to what they need or what they have accomplished. The following verbal commands will be used by all team members whenever feasible. It should be noted that some of the verbal commands will be accompanied by hand signals or physical touching to ensure that the command has been heard and that the officer giving the command has been acknowledged. 19.3.1 ENTERING BUILDINGS Whenever feasible the team will conduct a “Squeeze up” from the rear of an element to the front. As the team is lined up and ready to go, all of the team members will designate that they are ready by showing a “thumbs up” with their non-firing hand. As soon as the last person is ready he/she will squeeze the shoulder of the person in front of him/her twice. By squeezing twice it prevents accidental bumping or grabbing from being confused with a squeeze to indicate you are ready. Each person will then squeeze the person’s shoulder in front of him/her until the first person in line has been squeezed. Once the first person in line is squeezed, he/she will initiate the entry. The first entry person in line will make eye contact with breacher and then give a head nod to indicate the team is ready. The knock and announce will initiate the mission based on the nod. Once the knock and announce is complete the breacher will begin to breach. This will also be the case for a break & rake or any other action that has been designated as the start of the actual incident.

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a. Knock and Announce: The team member designated as knock and announce officer will identify the team then clearly and loudly announce the intent and authority to enter. The purpose and desired response may be changed depending on mission and type of breach, i.e. when using “shotlock” rounds the knock and announce member will identify the team then clearly and loudly announce the intent and authority to enter along with advising the occupants to move away from the door.

The first member in each room will clearly and loudly state, “POLICE, SEARCH WARRANT, GET DOWN” or words similar (so there is no question as to who is entering the dwelling, what the purpose for the entry is and what is expected of the occupants) as the team enters. Each officer who finds himself in the number one position to enter any interior room should make the same announcement as he/she and his/her second enter the room. 19.3.2 Compromise on approach. As the team is approaching a building all members should be looking ahead to determine if the suspect (s) have surveillance in place. They should also be looking for friends, relatives, or the suspect to exit the residence at the same moment that the team is making their approach. The first team member to see something indicating that the team has lost the element of surprise should announce loudly and clearly “COMPROMISE”! All team members should echo this command to ensure that everyone has heard it. The team leader will determine if the team should continue or fall back to a designated rally point. If the team continues to the objective, the building should be breached immediately and the team should enter rapidly. The only requirement at this point should be the announcement that we are the police and we have a warrant for the residence. If the initial plan called for a knock & announce, breach, NFDD and then entry, the team would delete the knock portion and announce as the team breaches the door. Team members should understand that the NFDD should go into the residence prior to us entering. In fact, an NFDD should be deployed every time we are compromised in an effort to regain the initiative and surprise that have been lost. The exception to this rule would be those taught during NFDD certification and re-certification. 19.3.3 Entering interior rooms One of our basic tenets is that team members never enter a room alone. It is not feasible for team members to look over their shoulder to determine if they have a second team member with them before they enter a room. The team member who is about to enter a room will announce loudly “SECOND”! Team members

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hearing this command will realize that the officer needs help clearing a room and attempt to move to help. The first officer will maintain his position and continue to announce. “SECOND” until help arrives. Once the assisting officer arrives he will squeeze the first officer’s shoulder and announce “MOVE”! The two officers will then enter the room as s fighting pair. 19.3.4 Exiting Clear Rooms Due to the dynamic pace with which the team clears buildings, officers need to verbalize that they have cleared a room before stepping out of the room. By doing so, it lets the other team members know that the room is clear and that officers are about to exit. This prevents team members from running into one another and alleviates misidentification of officers and suspects. Prior to leaving a room, one officer will stick his non-firing hand through the doorway in a “thumbs up” configuration. Simultaneously the officer will announce “ROOM CLEAR”! Officers in the room will yield the right of way to officers outside of the room. Once the last officer has passed, the officers in the room can then exit and rejoin the flow. 19.3.5 Weapon Reloads If an officer experiences a stoppage during an incident, he should immediately transition to a secondary weapon. Once there is no longer a threat or the officer has time to check his primary weapon; he should announce clearly “COVER”! Officers nearby should immediately move to cover the officer when feasible. It is not absolutely necessary to make physical contact with the officer who has asked for cover. It is absolutely imperative that the cover officer be in a position where they can cover all of the area that the officer who needs help can see. This may require the cover officer moving to ensure all of the angles are covered. Once the cover officer can effectively provide cover he will announce “COVERING”!

The first officer will then take a knee and reload their secondary weapon to full capacity first. If the primary weapon has completely failed for mechanical reasons, the officer will have a fully loaded and ready weapon. Once the secondary weapon has been taken care of, the officer should quickly clear or reload the primary weapon. Once finished, the officer will announce “READY”! The cover officer will then tell the first officer when it is safe for him to stand. The first officer should stay on his knee until told to stand. The cover officer will announce “UP”! when he wants the officer to stand up. The entire sequence will go in this fashion: COVER! COVERING! READY! UP!

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19.3.6 Deploying Noise/Flash Diversionary Devices (NFDD) If an officer is covering a doorway and he would like a NFDD deployed into the interior of the room, he will announce “BANG UP”! This will alert other team members that an NFDD is about to be deployed. All other requests should be made using plain language. If you need a ram, halligan tool, fire extinguisher, etc. ask for them by name. The commands listed above are used frequently and singled out to provide brevity and clarity.

19.4 SWAT MEMBER RESPONSIBILITY

All team members will familiarize themselves with these terms and use them in training and during actual incidents.

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CHAPTER 20

METRO SWAT HAND SIGNALS

20.1 PURPOSE OF HAND SIGNALS

To provide SWAT members with a simple and effective means of non-verbal communication by the use of hand signals, arm signals or gestures.

20.2 NEED FOR HAND SIGNALS

Problems arise in situations where radio or verbal communication is dangerous, impractical or impossible. The hand signal method eases the communication problem by providing team members with the ability to give orders, give information and ask questions all in non-verbal form.

If a suspect becomes aware of the Metro SWAT Team presence the element of

surprise will be lost and the situation could deteriorate. 20.3 WHEN USED

This method works best in daylight conditions but can be effectively used during the hours of darkness, providing there is ample ambient light available. Hand signals are especially valuable in four types of situations:

a. Situations when the suspect is unaware of the team’s presence. The element of

surprise, combined with a communications method, allows the team to better prepare to deal with the suspect prior to the actual confrontation with the suspect.

b. Barricaded suspects. Hand signals allow the team to communicate without

alerting the suspect of our movement or telegraphing our plan of action.

c. Situations where moderate to long distance surveillance, scouting or deployment make verbal communication impractical.

d. Situations of extreme noise where verbal communication is impossible.

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20.4 CONCEPT OF HAND SIGNALS Four fundamental ideas are followed in the development of hand signals.

a. If the hand signal is simple in structure, it will be easily learned and remembered by SWAT members.

b. If the gestures learned are designed so that the meaning of the gesture is

exemplified by the gesture itself, the gesture will be easy to learn and remember.

c. The method is designed strictly for law enforcement and has specific

applications. The gestures are kept to a minimum, thus not complicating the learning process.

d. The hand signal is designed so that many of the gestures can be performed

from any position and be performed with one hand, leaving the other free to grasp a pistol, long gun or other piece of equipment.

20.5 BASIC GESTURES

The “basic” gestures represent an idea. This idea can be an object or an action. These “basic” gestures are given in a series to transmit a complete thought.

20.6 SWAT MEMBER RESPONSIBILITY

Metro SWAT non-verbal communication in field situations will use the gestures illustrated. All members shall familiarize themselves with the Hand Signal method and be competent in sending and receiving Hand Signals.

Standardized Hand Signals For Close Range Engagement (C.R.E.) Operations: Numbers

One

Two

Three

Four

Five

Six

Seven

Eight

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Nine

Ten

Standardized Hand Signals For Close Range Engagement (C.R.E.) Operations

You

Me

Come

Listen or I Hear

Watch or I See

Hurry Up

Stop

Freeze

Cover This Area

Go Here or Move Up

Enemy Hostage

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Column Formation Sniper obstacle Cell Leader

File Formation Wedge Formation Line Abreast Formation Rally Point

Pistol Rifle Shotgun Ammunition

Vehicle I Don't Understand I Understand Crouch or Go Prone

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Door

Window

Point of Entry

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CHAPTER 20

METRO SWAT HAND SIGNALS

20.1 PURPOSE OF HAND SIGNALS

To provide SWAT members with a simple and effective means of non-verbal communication by the use of hand signals, arm signals or gestures.

20.2 NEED FOR HAND SIGNALS

Problems arise in situations where radio or verbal communication is dangerous, impractical or impossible. The hand signal method eases the communication problem by providing team members with the ability to give orders, give information and ask questions all in non-verbal form.

If a suspect becomes aware of the Metro SWAT Team presence the element of

surprise will be lost and the situation could deteriorate. 20.3 WHEN USED

This method works best in daylight conditions but can be effectively used during the hours of darkness, providing there is ample ambient light available. Hand signals are especially valuable in four types of situations:

a. Situations when the suspect is unaware of the team’s presence. The element of

surprise, combined with a communications method, allows the team to better prepare to deal with the suspect prior to the actual confrontation with the suspect.

b. Barricaded suspects. Hand signals allow the team to communicate without

alerting the suspect of our movement or telegraphing our plan of action.

c. Situations where moderate to long distance surveillance, scouting or deployment make verbal communication impractical.

d. Situations of extreme noise where verbal communication is impossible.

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20.4 CONCEPT OF HAND SIGNALS Four fundamental ideas are followed in the development of hand signals.

a. If the hand signal is simple in structure, it will be easily learned and remembered by SWAT members.

b. If the gestures learned are designed so that the meaning of the gesture is

exemplified by the gesture itself, the gesture will be easy to learn and remember.

c. The method is designed strictly for law enforcement and has specific

applications. The gestures are kept to a minimum, thus not complicating the learning process.

d. The hand signal is designed so that many of the gestures can be performed

from any position and be performed with one hand, leaving the other free to grasp a pistol, long gun or other piece of equipment.

20.5 BASIC GESTURES

The “basic” gestures represent an idea. This idea can be an object or an action. These “basic” gestures are given in a series to transmit a complete thought.

20.6 SWAT MEMBER RESPONSIBILITY

Metro SWAT non-verbal communication in field situations will use the gestures illustrated. All members shall familiarize themselves with the Hand Signal method and be competent in sending and receiving Hand Signals.

Standardized Hand Signals For Close Range Engagement (C.R.E.) Operations: Numbers

One

Two

Three

Four

Five

Six

Seven

Eight

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Nine

Ten

Standardized Hand Signals For Close Range Engagement (C.R.E.) Operations

You

Me

Come

Listen or I Hear

Watch or I See

Hurry Up

Stop

Freeze

Cover This Area

Go Here or Move Up

Enemy Hostage

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Column Formation Sniper obstacle Cell Leader

File Formation Wedge Formation Line Abreast Formation Rally Point

Pistol Rifle Shotgun Ammunition

Vehicle I Don't Understand I Understand Crouch or Go Prone

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Door

Window

Point of Entry

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CHAPTER 21

METRO SWAT SITE IDENTIFICATION

21.1 PURPOSE OF SITE IDENTIFICATION To provide SWAT team members with a simple and effective means of identifying

locations around a building or structure that can be understood quickly. 21.2 NEED FOR SITE IDENTIFICATION It is imperative that tactical team members have the ability to respond quickly to

high-risk incidents. One common problem has been the inability to give location commands that are quick and easy to understand. In an effort to report the location of suspects inside a building quickly and efficiently, the Metro SWAT has adopted a numerical system for identifying the all sides of a building and their subsequent doors and windows. The numbering system is currently in use by most tactical teams and will enable us to communicate with other teams if the need arises on a joint incident.

21.3 CONCEPT OF SITE IDENTIFICATION The building numbering system begins with #1 generally being the front of the

building. If the front of the building cannot be identified, then the closest major roadway will indicate the front. Numbers continue in a clockwise fashion.

#3 #2 #4

#1 Irregular shaped buildings are numbered the same, the sides are numbered based on the direction they face.

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#3 #2 #4 #3 #4

FRONT #1 Corner numbers refer to the corner area, not the specific corner. #3 #2 #4 #1 1-4

corner

3-4 corner 2-3

corner

1-2 corner

Read openings from left to right by “side” and ‘level”.

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1 2 3LEVEL 1

LEVEL 2 1 2 3 4

Windows and doors are referred to as “Openings” to prevent confusion when counting. All buildings will be numbered from the top of the building down.

LEVEL 1

LEVEL 2

LEVEL 3

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In this example the star represents the suspect. The proper reporting dialog would be: “ Suspect is on Side 1, Level 1, Opening 3.

The front door for this building is on the opposite side of this one. So the proper reporting dialog would be: “Suspect is on Side 3, Level 2, Opening 4”.

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21.4 SWAT MEMBER RESPONSIBILITY Metro SWAT will use the numbering system for site identification as previously

illustrated. Members shall familiarize themselves with the numbering system and be competent in its use.

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CHAPTER 22

METRO SWAT SCOUTING

22.1 PURPOSE OF SCOUTING To provide SWAT officers with general guidelines as to how the team will survey

a possible site for tactical deployment. Each site and circumstance will be different; however several principles of gathering information will apply to all sites.

22.2 NEED FOR SCOUTING In order for the team commanders and leaders to establish a viable plan they must

have certain intelligence concerning the structure that a suspect may be located in. The scout survey is used to identify elements and physical hazards of a site and accurately document them for future use. The survey should contain pertinent information that is easy to read and provide an overview as well as specific information concerning the location. It should be complete, concise and easily understood.

22.3 CONCEPT OF SCOUTING

22.3.1 As stated above scout surveys are extremely useful to tactical teams by providing information about a location prior to an incident. If time permits, a scout survey should be conducted before any attempt at entry or intervention is made. The survey should include: a) Floor plans b) Photographs (35MM preferred, Polaroid or Digital are acceptable) c) Exterior sketches (Include location of lights, fences, etc.) d) Video e) Sketch or detailed map of surrounding buildings.

Scout surveys should be used for large-scale events such as dignitary visits and sporting events. They should also be conducted when the team is activated for an on-going event. The survey should be as complete as the situation permits.

Team members assigned the task of conducting a site survey should have access to special equipment. Those items of equipment may include:

f) 35MM camera w/lenses and flash

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g) Polaroid or Digital camera h) Video recorder i) Film & batteries for all equipment j) Pocket Tape recorder k) Blueprints l) Maps m) Aerial Photos n) Notebooks / Sketch Pads / Graph Paper / Clipboards

This list is by no means considered complete and can be modified to suit the site. The purpose of each of these items is self-explanatory. The items listed will assist the scouting team in providing the most accurate, detailed information available to the tactical team.

The scouting team should conduct the scout with an eye toward how the team can successfully assault and control the location. They should also document how the suspects will be able to control and impede the team’s response.

The scout survey should contain an aerial view of the location, whether drawn or obtained from an aerial photo. All buildings in and around the site should be identified. All windows, doors and openings should also be documented on the site.

The complex nature of these site surveys requires the use of checklists. A checklist is included with this SOP. It is important to remember that not all of the items on the checklist are applicable to every location and should be modified to suit any location. Senior members of the team should be designated to conduct scout surveys. Generally, senior members have more experience and as a result have a better understanding of the issues the team will face during an incident. Junior members should be given the opportunity to practice scouting sites during training or as an assistant to the senior member.

Each location that the team responds to should be documented completely. This includes exterior and interior photographs, video, and sketches of the location. The information obtained will be stored in a target folder by the team-training officer. If the team is called back to the location a thorough scout survey will already be done. All scout surveys should be conducted with the safety of the team members and citizens in mind.

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Tactical Scouting Report 1. Type of Structure (Business, residence, multi-story) Composition of structure. 2. Size and type of windows (double hung, louvered, casement, side shingled, sliding)\ 3. Are the windows barred? Covered with screens or storm windows? 4. Size and type of doors. (Sliding, solid, hollow core, Dutch, French) 5. Are the doors barred? Protected by screen or storm door? 6. Do doors open in or out? 7. Utility Shutoff locations. 8. Location of bathrooms. 9. Exterior lighting. 10. Diversion location. 11. Location to make announcements. 12. Best locations to introduce chemical agents. 13. Potential hazards. (Dogs, fences, holes, clothesline, etc.) 14. General description of adjacent residences or buildings. 15. Locations, which may require evacuation. 16. Hostile neighbors? 17. Suggested locations for personnel. (Cover & concealment) 18. Suggested position for entry team. 19. Suggested exit points for surrendering suspects. 20. Marksmen locations: Day/Night 21. Accurate sketch.

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CHAPTER 23

METRO SWAT SNIPER 23.1 PURPOSE OF SNIPER POLICY

To provide SWAT snipers with basic information and requirements of their position.

23.2 NEED FOR SNIPER TEAMS

In a hostage situation where negotiations fail and the hostage/s life is in danger, the sniper option may be the safest and if possible, first choice to resolve a hostage crisis. During tactical operations, sniper teams will be deployed by the team leader. The sniper team forms the eyes and ears of a tactical team. It is placed in a position to gather intelligence and engage a target if necessary. The sniper team is a unique 2-person position that requires committed and well-trained tactical members.

The sniper team will probably have “eyes on” the adversary before other

tactical team members. They must understand that they have the authority of a peace officer, and may deploy a deadly force option when necessary, without the immediate approval of a superior.

23.3 CONCEPT AND DUTIES OF SNIPER TEAMS

The sniper team should be well equipped and highly trained. Team members willing to be snipers should meet strict guidelines to ensure that they are suitable for the position. Information obtained by the sniper team can be the foundation on which the team leader begins to formulate a plan of action.

The sniper and the observer form a team that has trained and worked together to

perfect their marksmanship and observation skills. It is critical for these two tactical team members to function on their own with little supervision since they will be assigned on post for many hours with limited radio contact. They may also be called upon to rapidly deploy, and neutralize an adversary when there is an immediate threat to a hostage or other innocent person. The sniper and observer positions are interchangeable. During deployment, the two may rotate positions.

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23.3.1 Duties of the sniper include:

a) Gain the best possible position for engaging a target. Obviously, this would be the best vantage for observations as well. A conscious effort must prevail to preserve life without jeopardizing the team.

b) He is in a firing position at all times ready to react to a command or threat. c) Confirm or deny information on hand, routes in and out, identification of

suspects, types of weapons, explosives, and construction features of the target site.

d) Cover the approach and the movement of the assault team. ♦ Deployment ♦ Scouting ♦ Deliveries ♦ Stronghold assaults

e) Remain undetected by the suspects. f) Engage a target on command. g) Predictable target area. Target exit point where suspects and hostage are likely

to move from the target to a vehicle. h) Total coverage of the target, with overlapping fields of fire. i) Containment to prevent ingress or egress of unauthorized persons. j) Neutralize a vehicle. k) Snipers will have a clear understanding of “Rules of engagement”. l) Snipers will not be assigned duties or responsibilities (chemical agent

application, utility duties) that interfere with their primary function. 23.3.2 Duties of the observer include:

a) Maintain visual contact with the target site using optics. b) Report their location and any initial observations. c) Once the post has been established, a continuous flow of information is

relayed to the team leader and/or the sniper team leader. d) Update the marksman with critical information concerning suspects, hostages,

range estimation, etc. e) Organize intelligence, (maintain log, develop sketch of target site, etc.). f) Prepare essential equipment, (spotting scope, communication gear, video

camera, etc.). g) Handle all communications. h) Relieve the sniper and assume the full duties and responsibilities of the Sniper i) Engage selected targets when authorized to do so by law, policy, and/or the

team leader or tactical commander. j) Observers will not be assigned duties or responsibilities (chemical agent

application, utility duties) that interfere with their primary function.

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23.4 SWAT SNIPER OPERATIONS

23.4.1 Vantage Point

It is critical to the mission of the sniper team to be in the best position available to observe the target. A vantage point should afford the best protection as well as the best observation and shooting location.

A vantage point should:

a) Be within the shooters and weapons capabilities. b) In a field of view, that covers their area of responsibility. (Predictable target

area.) c) Have proper cover and hide concealment. d) Protection from adverse weather conditions, (if possible). e) Out of view to the curious and media. f) Comfort for prolonged operations. g) Have an alternate position. h) Teams will be assigned based on the side of the building they are covering,

i.e. Sierra 1 side 1, Sierra 2 Side 2 etc.

23.4.2 Movement

A sniper team should be well versed in the principles of movement. If they are unable to obtain a proper vantagepoint, they are of little use to the tactical team. It may be appropriate to wear civilian attire when moving to a marksman position. Weapons and gear should be concealed in nondescript containers/bags.

Marksman should:

a) Be conscious of movement other than natural causes, i.e., wind, water, lights clouds, etc.

b) Select a route, use concealment, and look as you move. c) Avoid going beyond the capabilities of your weapon during movement. d) Select approach routes that are hidden from the target sites view.

23.4.3 Deadly Force Snipers will only fire when the following conditions are met:

a. When defending him or herself, when there is an imminent threat of life of an innocent person, another police officer, or hostage.

b. When the target is believed to be the indentified suspect.

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c. As a part of an organized assault by tactical team elements. In this event, the sniper would use deadly force against designated targets or targets of opportunity, as the situation or assault plan dictates. The target(s) would be prioritized and engaged based on the threat they pose to other team members, hostages and civilian personnel. The use of deadly force can be based on collective knowledge, as passed on from other team members or command element.

d. To prevent the escape from a tactical situation’s containment perimeter, if there is reason to believe the subject would pose a greater danger of death or great bodily harm to the general public if allowed to continue their actions or succeed in escaping.

e. When the sniper can safely make the shot.

If a sniper intends to take a shot, this information should be relayed to the command post prior to firing, if practical. If this is not possible, the sniper or sniper team will inform the command post immediately after firing. The SWAT tactical commander or his/her designee will be responsible for the countdown on coordinated fire. If a sniper discharges a weapon as a use of deadly force, the shooting location will be left undisturbed and treated as evidence upon the conclusion of the critical incident. 23.4.4 Operational Consideration When snipers have a target of opportunity, they may protect the life of hostage(s), citizens or other persons with the precision application of deadly force. Considerations should include: 1. Obtain total coverage of the target site, with overlapping fields of fire, 2. Field of view 3. Field of fire 4. Discuss compromise authority 5. Consider background (penetration) 6. Choice of weapon 7. Multiple suspects – Coordinate target selection

a. Predictable target area b. Two snipers per target c. Snipers should deploy to cover controlled overlapping fields of

fire (360 degrees) – “L” shaped configuration or Zone coverage. 8. Be aware of crossfire situations 9. Environment dictates deployment 10. Commands on Open Target/Command Directed Fire:

a. Shooters stand by (no time limit) b. Ready, ready (3-5 seconds) c. Fire!

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d. Down. Not a command!! Shooters will automatically come to the “Down” mode, if the command “Fire” is not given within the 3-5 second time period after the second command “Ready”

e. Again, snipers/observers may shoot when the “target of opportunity” is available after being given the “Fire” command or on their own action.

23.4.4.1Tactical Disarmament

Tactical Disarmament – defined: The application of precision gunfire against a firearm or other weapon carried by a suspect, in an attempt to destroy that weapon or render it inoperable, when the use of deadly force against the suspect would otherwise be unwarranted, unreasonable and unnecessary. Due to the inherent risks of tactical disarmament (shrapnel from the damaged firearm, sympathetic detonation of ammunition in the weapon, serious injury to the suspect), it is not an authorized use of deadly force against inanimate objects for Metro SWAT officers. If deadly force against a suspect is indeed reasonable and necessary, and the suspect’s weapon is the only available target, officers may use their discretion in using deadly force against the suspect’s weapon. Aimed gunfire that unintentionally strikes suspect’s firearm will not be considered to be tactical disarmament.

23.5 Communications with Team

Sniper Teams and Perimeter Teams will be designated by the side of the structure they are covering. i.e... A sniper team on the 1 side of a structure should be called, “Sierra 1”. A Perimeter team covering the 3 side will be called, “Paul 3”.

In some situations a sniper or perimeter unit must use deadly force to prevent the loss of life; the unit(s) using deadly force will give a report. The report should include at a minimum the unit designator followed by “shot out, bolt up”. The command of “bolt up” notifies the entry team that it is safe to enter. If the entry team hears for example, “Sierra 1 shot out” with no other command, the entry team will hold and ask the unit for a “Status”. The command of “Status” is used to clarify the suspect’s condition and if it is safe to enter.

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23.6 Sniper Selection

Snipers will be assigned only after serving at least a year as a member of the entry team and coming to a full understanding of entry team duties as determined by the team leader or his/her designee with review by the SWAT Oversight Committee. If a member wishing to be a sniper does not have a year on, he/she must have a letter of endorsement from the team leader or team commander stating that the applicant has adequate proficiency of entry tactics and is ready for the sniper team assignment.

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CHAPTER 24

METRO SWAT COVERT ENTRY

24.1 PURPOSE OF COVERT ENRY

To provide SWAT members with general guidelines and procedures when clearing a structure when time is of no consequence.

24.2. NEED FOR COVERT ENTRIES

Moving with stealth and precision are time-tested tactics. These tactics involve slow, quiet, and methodical search techniques. Generally, when entries are made during a barricaded incident, the suspect’s behavior is consistent - they hide. When hiding in attics or crawl spaces (under the location), there is a tendency for the suspect to go to the deepest corner away from the point of entry. Although this behavior is consistent, never assume that it is the case all of the time.

24.3 CONCEPT OF COVERT ENTRY

24.3.1 Individual Responsibilities

Every team member is proficient with all weapons and the various individual responsibilities of an entry team. Upon entry, these are some of the individual responsibilities:

Team Leader: Coordinates and supervises activities of element. He does not become actively involved in search or cover, if possible.

1.

2.

3.

4.

Mirror Officer (Searching Officer): Actively involved in search of suspect using a mirror or pole camera. Often operates near the floor. Relies on primary cover officer, and cover officers for protection. Mirror Cover Officer: The primary cover officer usually armed with a long gun, and his responsibility is to provide cover/protection for the mirror officer. The primary cover officer and mirror officer act as a two-man search element and generally enter rooms/areas together after the mirror officer has mirrored the room/area. Cover Officer: Additional members of the element act as cover officers. Their responsibility is to cover danger areas not yet cleared by the scout and primary cover officer and become arrest team if necessary.

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Cover/Less Lethal: In most scenarios, it may be appropriate to arm an entry team member with less lethal munitions. The team leader can also carry a less lethal shotgun or Taser.

5.

24.3.2 Equipment Considerations

1. Robot 2. Mirrors 3. Nylon cord (tie-off) 4. Flashlight 5. Door stops 6. Poles 7. Flashlights and/or High intensity lights 8. Infrared camera 9. Ballistic shields A mechanical means of clearing should be used prior to team members making entry if possible!

24.3.3 Mirror Techniques When the decision to enter has been made, the mirror officer will use a mirror to clear the entry point. Time is on your side – use it.

When using a mirror:

1. Clear threshold 2. Wide-angle search of the room 3. Check behind doors 4. Search low – run walls 5. Search high – up to ceiling 6. Look for body parts and not the whole body. Remember that the suspect is

probably hiding.

While searching look for:

1. Furniture that has been moved 2. Debris on the floor 3. Attic crawl spaces 4. Dust prints 5. Smudges on wall 6. Look for reset areas 24.3.4 Room Clearing

If you are able to locate a light switch, it may be helpful to search with interior lighting. The advantages of using available lighting may outweigh the

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disadvantages. After the mirror officer is confident, an area/room has been cleared for the obvious (using the mirror) entry must be made.

1. Enter the area/room with a minimum of two officers. Enter with your weapon

at the “low ready” and with your “head up.” 2. Once committed do not stop, clear the threshold and enter the area/room. 3. Signal that the room is clear after a detailed search. 4. Take your time!

24.3.5 Working Hallways

When working hallways, consider the following:

1. Use mirror to clear the hallway before entering. 2. Minimize exposure; use cleared rooms as cover. This will minimize the

number of personnel in the hallway. 3. Mirror officer may move with a shield, with the primary cover officer directly

behind providing cover. The shield would have the primary responsibility of long cover.

4. Use high intensity lights in front of the search team. Elevate lights slightly (eye-level). This will have maximum effect against suspects attempting to observe search team movement.

5. When using high intensity lights ensure that the area behind you is dark. 6. Avoid contact with walls. 7. May “tie-off” closed doors. Maintain a cover officer on that doorway until it

can be searched/cleared. 24.3.6 Stairways

Whenever possible, work from the top to the bottom.

1. Working up; use outside of stairwell 2. Working down; use inside of stairwell 3. Be flexible-TAKE YOUR TIME!

24.3.7 Suspect Apprehension

There are usually two types of scenarios when the suspect has been located:

1. Detected

If the search team locates the suspect, and determines they have been detected, the officer finding the suspect will use voice commands to alert the team of the find and take control of the suspect. The search team will then:

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a) Officer finding the suspect should continue to verbalize with him/her. b) Officers should cautiously move to position of cover while maintaining focus

toward the threat.

The Team Leader will then: c) Direct search team members to positions of cover. d) Designate an arrest team. e) Order the suspect into a secure area, handcuffed, searched, and removed from the

location. f) Search the location for additional suspects.

2. Unexpected Hostage The search team will then:

a) The mirror officer should immediately sound off with “HOSTAGE”! b) The next two operators who were in position to enter and clear should

immediately enter the room and contact the hostage taker. The team leader will then: a) Evacuate and/or provide first aid for any injured hostage(s) b) Evacuate and/or provide first aid for any injured suspect(s), if applicable. c) Continue to search the building for additional suspects.

24.3.8 Non-Compliance

In the event that the suspect is located and does not respond to commands, there are several options available. Some of these options are:

a) Deployment of Less Lethal Munitions. b) Deployment of hand-held chemical agent (CS gas canister). c) Deployment of hand-held chemical spray (CS or OC).

24.3.9 Officer Down Shooting

If an officer involved shooting with an officer down occurs; immediate and aggressive action must be taken. By following the acronym, “RESCUE” you can accomplish that task. Return Fire: The officer nearest to the downed/injured officer should

immediately return fire against a “target specific” adversary. If the source of fire is unknown, cover fire aimed at the area of

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the threat may be appropriate. The officer should use their best judgement.

Extract: The officers in close proximity to the downed/injured officer

should immediately extract the officer from the line of fire. Safe Area: The downed/injured officer should be taken to a safe area.

Control Team: Control of the team is critical. The team leader must decide whether it is appropriate to continue aggressive momentum toward the suspect, or hold ground and re-evaluate tactical options.

Urgency of Care: If possible, have an Emergency Medical Technician or Tactical

paramedic determine the urgency of care. Non-life threatening injuries can be treated and an ambulance waited.

Evacuate: If the injury to the officer is life threatening and the response of

medical personnel too lengthy, evacuation of the officer via police vehicle may be necessary.

Note: Experience has shown that evacuation by medically trained personnel is the best option if practical.

24.3.10 Critique

Conduct a complete critique after the incident (at scene or station).

1. Cover the crime and suspects background. 2. Cover overall operational background. 3. Cover any problems encountered. 4. Cover actual solution to the incident. 5. Look for training/equipment needs.

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CHAPTER 25

METRO SWAT DYNAMIC WARRANT SERVICE

25.1 PURPOSE OF DYNAMIC WARRANT SERVICE

This type of mission serves a specific purpose of overwhelming a suspect’s residence quickly to give officers the best chance of securing the residence peacefully. This method is commonly been referred to as “High Risk” and is generally broken down into two categories: (1) narcotic or where destruction of evidence is to be prevented and (2) other felonies, such as, but not limited to, murder and robbery.

25.2 NEED FOR DYNAMIC WARRANT SERVICE As officers, we must remember; the recovery of evidence is not the same as the recovery of hostages. However; the need to enter and secure a residence is a vital function of SWAT. It should be understood that if a shooting occurs from within the residence before entry, a more serious crime has now occurred and tactics may have to change. Containment and barricaded suspect tactics may be more appropriate. There are four primary steps in high risk warrant service: Planning, Briefing, Initiation, and Critique. The following text will cover these steps.

25.3 CONCEPT OF DYNAMIC WARRANT SERVICE

25.3.1 Categorizing Warrants based on threat matrix

“HIGH-RISK” (SWAT service)

a) The circumstances are unusual and beyond the capabilities of normal warrant service.

b) The location is heavily fortified. c) Shooters are known to be present. d) Weapons are present and being used (high power, high volume,

automatic, etc.) e) Gang members are known to be present f) The propensity for violence exists. g) Dynamic entry is necessary to prevent destruction of evidence.

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Medium / Low Risk

a) Suspect(s) demeanor, not violent in the past. b) Type of crime involved. c) Easy access to the structure. d) Weapons may be present. e) Danger to SWAT members is minimal (all warrants are dangerous).

25.3.2 Types of Service

a) Dynamic: Normally narcotic or where the destruction of evidence is to be

prevented. b) Surround and call out: Felony/misdemeanor where the destruction of

evidence is not an issue.

25.3.3 Entry Methods

a) Bar pulls: Large hooks or hooks with locking gates. b) Breaching Shotgun (10 or 12 gage). Avon round, referred to as

“Shotlock”. c) Mechanical (Hand-held ram, halligan, sledge hammer, bolt cutters, etc.) d) Break & Rake: Breaking of a window to provide a port into the structure.

25.3.4 Final Planning

a) Command staff verifies authority to enter by reviewing the warrant. b) Determine primary and secondary entry points. c) Complete diagram, identify sides of the target: side-1 is always the front

of the house; number the other sides clockwise. Windows and doors are numbered left to right.

d) Check all equipment necessary for completion of the mission. e) Complete assignment sheet(s).

♦ Officers name ♦ Assignment ♦ Equipment ♦ Vehicle ♦ Hospital information ♦ Emergency transport vehicle

25.3.5 Briefing

a) Inform officers of situation: type of warrant, location (describe in detail), and type of fortification.

b) Describe suspects and weapons in detail. c) Operational plan: individual assignment, equipment needs, weapons, logistics,

compromise authority, and vehicle assignments. This will be signed by a

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member of the venue agency’s command staff as well as the tactical commander.

d) Compromise authority – Explain what constitutes a compromise to the warrant.

e) Medical brief / nearest hospital (trauma center)? f) Conduct rehearsal: involves vehicle line up, officers position within the

vehicles, equipment removed from the vehicle and designated cover officers responsibilities. Radio checks, patrol/det. assignments, routes and a brief back.

23.5.6 Initiation - Dynamic Entries must be predicated upon Speed, Diversion,

and Surprise.

a) If enough personnel are available, there should be two entry teams, PRIMARY and SECONDARY at two different entry points. Both teams attempt to breach their respective entry points but ONLY ONE TEAM MAKES ENTRY. If PRIMARY cannot gain entry and SECONDARY indicates they have an opening, PRIMARY will pass-off to SECONDARY. PRIMARY continues to breach their entry point but does not enter. Communication is essential to prevent friendly fire.

b) Window port and cover teams (minimum of two officers). First officer provides

cover; second officer then breaks the window, removes any covering enabling an unobstructed view into the room. Officers may deploy diversionary devices (NFDD, fire extinguisher etc). Officers will provide cover and cover any suspects until the entry team enters the room.

c) Ladder teams (two officers per ladder), one holder, and one port and/or cover

officer on each ladder. Place one additional cover officer on the ground.

d) Minimum two officers to a room, no exceptions!

e) Prevent destruction of evidence, and control suspects.

NOTE: If team receives fire from the warrant location (unknown area within location) you should treat this situation as a barricade.

1. Point Officer

a) If you know the location will require a point, assign that position during your planning phase.

b) If no point was planned, be FLEXIBLE if there is a need for a point take that position. Communicate! “I have point!” This will normally occur in a large structure with long hallways and multiple doors. The team leader

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also has the option of assigning a point during the mission. If point is used, follow the guidelines as described in Hostage Rescue.

c) Point needs to communicate to the team what he can see in front of him/her (closed door right, open door left, suspect(s) running, etc.). Never chase a suspect! Systematically clear to his/her location (remember, there are cover officers at selected windows).

d) In most residential homes there is no need for a point. However, there is a need for long hall cover as team member’s clear rooms.

e) Team members should move through the house taking each room as they come. The first officer in line has the responsibility to cover the area in front of him as the team moves.

f) When the first officer encounters an opening, he/she should stop and announce “SECOND”.

g) The next team member in line should look behind to ensure that there is at least one more team member behind him/her.

h) As this occurs, the “SECOND” should squeeze the shoulder of the first officer and announce “MOVE”.

i) Those two officers will enter the room and the officer behind them will take over long hall cover. This continues until the structure is clear.

j) The team leader will take a position where they can monitor and give direction as needed.

2. Closed Doors

a) First officer should cross the closed door and set up as long hall cover.

The second officer should also cross and set up on the opposite side facing the door.

b) Hinge officer should cover. c) Doorknob officer makes eye contact with hinge officer, acknowledgment

made by both officers. d) Doorknob officer opens the door. e) Hinge officer enters first followed by doorknob officer. f) Next officer moves to the officer covering long hall and then they proceed

to next opening where the technique will repeat.

3. Open Doors

a) The first officer approaching the open door should stop and cover. b) The second officer should then squeeze-up the first officer and both

should enter the room once they have ensured that another officer will remain in the hallway to provide long hall cover.

4. Room Clearing

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a) Upon entering, DO NOT STOP! Shooting on the move could include oblique angles. You must clear the doorway and allow your partner to enter and help.

b) Visually and/or physically clear corners into the center of the room. c) Cover your area of responsibility. d) Communication is ESSENTIAL! Use appropriate voice commands (clear,

second, covering, searching, coming out, etc.) e) When your respective Area of Responsibility (AOR) is clear, each officer

will sound off with their “LAST NAME” and “CLEAR”.

5. Contacting Suspects

a) Prone suspect/s or have suspect kneel if you would lose sight of the suspect/s hands.

b) Minimum of one officer stays covering the suspect(s). If feasible, handcuff everyone prior to leaving one officer with multiple subjects.

c) Request “seconds” if necessary. d) Continue clearing the location. e) Once the location is secure, handcuff, and then search suspect(s). f) Based on the mission, the team leader will either consolidate all subjects

in one room or leave them in place for detectives.

6. Secure Location

a) Designated officers will conduct a second sweep of location for hiding suspects.

b) Team leader -Verify the location is clear and all suspects are secured. c) Identify any damage with the case agent (Photograph and/or video.) d) Release location to the case agent.

25.3.7 Critique

a. Return to the station and debrief the operation. b. cover overall plan c. Cover any problems encountered. d. Open debrief/critique for questions. e. Identify any training or equipment needs.

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CHAPTER 26

METRO SWAT HOSTAGE RESCUE

26.1 PURPOSE FOR HOSTAGE RESCUE

This section will introduce the tactical officer to the stronghold option in hostage rescue tactics, including room clearing, individual team member responsibilities, and advanced clearing techniques.

26.2 NEED FOR HOSTAGE RESCUE

These tactics separate a special weapons team from conventional tactics used by patrol and/or detectives. In order for Metro SWAT to be proficient with these techniques, maintenance training should occur frequently.

26.3 SWAT Commander Responsibilities

The SWAT commander must delegate the following supervisory missions:

a) Develop an Emergency Assault Plan. The emergency go-team must be in position and ready to respond in case of a mishap, or surrender within 30 minutes of arrival.

♦ Sniper deployment ♦ Emergency stronghold assault, T/L can make the call to

assault based on the circumstances. Notify C/P of the assault. ♦ Officer rescue

b) Develop Negotiations . c) Develop Tactical Command Post. d) Develop a deliberate assault plan. e) Establish inner perimeter to contain suspect/s (Containment on all four sides,

number sides, levels, and openings). f) SWAT personnel must have a clear understanding of the “rules of

engagement.” The SWAT commander will notify SWAT members of the ROE as soon as feasible.

26.3.1 Tactical Considerations

a) Situation. b) Duration. c) Number of hostages.

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d) Number of suspects. e) Type and size of the structure. f) Options available (open-air, mobile, and stronghold).

26.3.2 Team Members’ Responsibilities

a) Long Hall Cover/Point (First officer in line)

♦ Protects advancing team from the front. ♦ Unless directed otherwise, crosses one opening at a time. ♦ Maintains contact with team. ♦ Communicates open doorways, suspect/s movement.

b) Team Members

♦ Enter and clear rooms. ♦ Engage suspect/s. ♦ Primary responsibility to secure hostages. ♦ Hands on evacuation of hostages.

c) Rear Security (If applicable)

♦ Protects the advancing team from the rear. ♦ Remains at breach point if necessary. ♦ Maintain contact with team.

d) Team Leader

♦ Monitors movement of team, controls pace if necessary. ♦ Gives direction when necessary. ♦ Not a primary assaulter. ♦ Obtains count, and orders evacuation.

26.3.3 Stronghold Assault Tactics

a) Factors needed in Hostage Rescue Tactics

♦ Aggressiveness ♦ Momentum ♦ Control / Discipline ♦ Teamwork ♦ Accurate shooting

b) Three Essential Elements of a hostage rescue team

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1. Speed (controlled) ♦ Multiple entry points when feasible. ♦ Appropriate number of assaulters for size of location and number

of hostages and hostage takers. ♦ If hostage/s location is known, a designated team will advance

directly to that location. The rest of the team will conduct a systematic search.

♦ If hostage location is unknown, then the team will conduct a systematic search of the location.

♦ Rehearsal to enhance flow of movement.

2. Diversion ♦ Noise Flash Device. ♦ Ruse. ♦ Dialogue with negotiator.

3. Surprise

♦ Stealth probe to contact. Used when the hostage location is unknown. The team will go dynamic once they are compromised or they have identified the location of the hostages.

♦ At a time when least expected. ♦ Fatigue factor (hostage taker/s).

c) Activity at Breach Point (POE)

♦ The team will stack lining-up in a column next to the breach point. The last

operator in the column will pass a “squeeze” to the shoulder area of the operator in front of him/her. The squeeze will continue up the line until the lead operator receives a squeeze.

♦ The second operator will maintain a shooting grip, while indexing, on his/her weapon with the primary hand. With his/her attention focused toward entry point, he/she will raise his/her support hand, (thumb extended), over his/her near shoulder. This will indicate that the team is ready.

♦ If a mechanical breach is used at the breach point, an operator will deploy a NFDD if appropriate. This may be altered at the discretion of the team leader.

d) Stronghold Entry

♦ If the structure requires a point man, the team leader will designate an

officer at the briefing. ♦ At least two team members will enter each room, No Exceptions!

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♦ Team members will move through the structure taking each opening as they come. The first officer in line has the responsibility to cover the area in front of him as the team moves through the structure.

♦ When the first officer encounters an opening he will stop and announce “SECOND”.

♦ The next team member in line will check to ensure that at least one team member is behind him.

♦ Once this occurs, the “SECOND” will squeeze the shoulder of the first officer and announce “MOVE”.

♦ Those two officers will enter the room and the third officer will assume long hall cover. This continues until the structure is clear.

♦ The team leader will take a position where they can monitor and give direction as needed.

♦ The team leader will ensure the site is clear and coordinate removal of hostages and suspects.

e) Double Stacked Columns in Hallways

If the target hallways can accommodate two columns of assaulters, this should be pre-determined before entry.

The advantages are:

♦ Provides two point operators for added cover while proceeding through

the target site. Allows quicker reaction to suspects exiting openings and entering the hallway.

♦ Provides effective cross cover. ♦ Allows rooms on both sides of the hallway to be cleared quickly.

26.3.4 Room Clearing Tactics

a) Two Operator Entry - Open Door

♦ First operator stops short of the doorway and assumes ready position. ♦ Second operator to doorway stops behind first operator and may remove a

NFDD from pouch. ♦ Second operator reaches around first operator and deploys the NFDD just

inside of the doorway. ♦ After NFDD deployment, the first operator steps in to the room clearing

his/her corner to the center of the room. ♦ Upon entering, the second operator will clear the opposite corner clearing

to the center of the room. ♦ When their respective Area of Responsibility (AOR) is clear, each

operator will sound off with their “LAST NAME” and “CLEAR”.

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Note: The initial clear is given if no immediate contact is made.

♦ One operator will conduct a quick but adequate search for suspects, who may be hiding, while the other operator provides cover.

♦ If contact is made, the occupants in the room must be controlled; (this includes the subject of an officer involved shooting.). At least one operator must stay with the occupant(s).

♦ If no contact is made, both operators exit the room and continue. ♦ The operator nearest the door will look into the hallway to ensure passage

is clear. He/she will then announce “COMING OUT,” exit the room, and join the advancing assault team. The second operator will follow the same procedure as the first operator.

b) Two Operator Entry - Closed Door (Door opens inward.)

♦ First operator crosses doorway, turns inward, and positions him/herself

facing the doorway. ♦ Second operator stops short of the doorway and faces the first operator. ♦ The operator next to the hinge will be the first one into the room.

Note: As the door opens, the operator positioned next to the hinge has an immediate view of the room. He/she will be in the ready position, able to engage if necessary.

♦ The operator on the doorknob side will open the door and deploy the

NFDD. ♦ After the NFDD deployment, the operator on the hinge side will step in and

clear his/her corner to the center of the room. ♦ The next operator will step in and across the doorway clearing his/her

corner to the center of the room.

Note: After the team members have entered the room, they will follow the procedure as in the 2-operator open door entry.

c) Three Operator Entry - Closed Door (Door opens out.)

♦ First operator crosses the doorway, turns and positions him/herself facing the doorway.

♦ The first operator will communicate to the second that the door opens out. ♦ The operator nearest the hinge will reach across and open the doors after

the other two operators are set. ♦ After the door is opened, the third operator will reach around the second

and deploy the NFDD (you are treating the door as an open door). ♦ The second and third operators will enter the room in the same manner as

described in open door entry.

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♦ The first operator enters the room and positions him/herself in the center of the room, not to exceed the position of the second and third operators.

♦ The team members will then follow the procedures previously described.

26.3.5 Advanced Room Clearing Techniques

a) Multiple Entry Points

There are several advantages when using multiple entry points into the target site:

♦ Allows target site to be flooded with assault team members more

efficiently. ♦ Provides greater confusion to hostage takers inside of the target. ♦ If the breach fails at any entry point, additional entries are being made.

Note: The assault plan must take into consideration fields of fire when planning multiple entries. Coordination of multiple entries is essential.

b) Link-up Points

When multiple entries are made, it will be necessary to determine the location of link-up points. This is a location where separate assault elements will merge. On multiple level assaults, the link-up might be a stairwell. A chemlite could be thrown at the intermediate landing to indicate team members have cleared to that point.

c) Multiple Floors

When assaulting multiple floors, the entry team should attempt initial entry on each level, (hostage location unknown). Multiple level entries can add to the confusion of hostage takers inside of the stronghold. If hostage location is known, entry shall be focused on that level first.

d) Stealth Probe

It is not always necessary to go dynamic from the breach point. If a quiet non-dynamic search can be used to enter the target site without being detected, the team should enter and position themselves as close as possible to the hostages.

There are two stealth probe options available:

♦ Stealth Probe to Breach Point This is a non-dynamic entry/search where the assault team enters a stronghold and proceeds to a pre-designated breach point. This tactic is especially valuable

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when large buildings are involved. When continued penetration could cause a compromise, dynamic tactics could be deployed from that point. This tactic could also be used to place a go-team in a more advantageous position in case of an emergency assault is ordered.

♦ Stealth Probe to Contact

This is an entry where the assault team uses a non-dynamic search in the stronghold until contact is made. If contact is made with an undeclared hostage, or an unknown, and no compromise has occurred, that person should be questioned regarding location of additional hostages, suspects, and unknowns. The decision to continue the probe will be based on the additional information gleaned from the recovered person. If the probe continues, the team will penetrate the location until dynamic tactics are necessary.

e) Designated Rescue Team (Known Hostage Location) This team will be designated to move directly to the location of known

hostages. They will use the diamond formation, which consists of a point officer. Left and right flank officer, a team leader and a rear security officer. The team can be bigger based on the circumstances, but should not be smaller than outlined above. If hostages are located, the Team Leader for the element will notify command with the code word “JACKPOT”. If the hostages are not located the team leader for the element will notify command with the code word “DRYHOLE”.

f) Stairwells

If stairwells have to be negotiated, it is better to go from top to bottom. If clearing from bottom to top is the only available option, team members should make deliberate strides “up” a stairwell, maintaining attention on direction of travel and not their feet. Stairwells are difficult to maneuver and require practice, avoid if possible.

g) Hostage/Suspect Handling

♦ Upon entry into the room, hostage/s and suspect/s are ordered down. Resistance will be dealt with accordingly. Hostage/s may become hysterical and possibly hostile. Immediate control is essential.

♦ Once in a prone position, ensure that no additional hostage/s or suspect/s are hiding. One officer then completes the cuffing procedures before a cursory search, and the other officer provides cover. All persons within the room are handcuffed.

h) Evacuation

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Once the hostages and suspects have been secured, the team leader will verify the number of hostages/suspects and coordinate the evacuation. This is a pre-planned event. 1. Hostage Evacuation Point (HEP)

Once the order to evacuate is given, designated team members will immediately move hostages and/or unknowns to the pre-determined evacuation point. At that location, identification and medical needs are determined. The Hostage Evacuation Point (HEP) can be located within the target site or anywhere convenient near the site.

2. Hostage Holding Area

The Hostage Holding Area (HHA) is the location where the assault team will transfer custody of the hostages to detectives or patrol.

Considerations for the HHA:

♦ Security located away from family members, press and outside visual observation.

♦ Limited access

3. Evacuation of the Assault Team

In most law enforcement situations, the assault element functions in a permissive environment. An outer and inner perimeter contains the target site. Evacuation of the assault team may be no more than releasing the location to patrol and/ or investigators

When special circumstances arise, (explosives, unstable structure, . etc.), it may be necessary to proceed with a structured evacuation. The team member finding the device or calling for the immediate evacuation will state loudly and clearly “AVALANCHE”

♦ The team leader will conduct a walk through of the location. He will

then place himself in a position of control. This should be a position where he can observe the evacuation. Usually at a location farthest from the P.O.E.

♦ If the evacuation is due to an explosive, danger area, or other an area that can be marked, a red chem lite will be placed on both sides.

♦ When the evacuation order is given, the team leader will control the evacuation by room.

♦ As the team members exit the room, the last operator out should announce, “LAST OUT”. The team leader can direct the next room to evacuate.

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26.3.6 Summary

The tactics mentioned in this section can be utilized as guidelines for hostage rescue. This section does not mandate specific training, discount other techniques, or set policy. The primary concern for SWAT members is the safe recovery of the hostage/s.

Basic “SOP” of Hostage Rescue Dynamic Entries:

a) “The Stack” and “Squeeze-up” at entry point. b) Proper set-up on open and closed doors. c) At least two officers per room. d) Clearing corners in to the center of the room and 12 inches in front of your

partner’s muzzle. (AOR). e) Long cover integrity. f) Shooting on the move (do not stop!). g) Appropriate commands (“clear”, “second”, “coming out”, etc.) h) Control / Discipline. i) Maintenance training.

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CHAPTER 27

METRO SWAT VEHICLE OPTIONS

27.1 PURPOSE OF VEHICLE OPTIONS

To provide SWAT members with general guidelines on the proper methods for stopping a dangerous suspect or hostage taker from fleeing a scene in a vehicle.

27.2 NEED FOR VEHILCE OPTIONS

The vehicle takedown option is considered by many to be the second best option when confronted with a hostage rescue scenario. When a hostage(s) and hostage taker are secreted inside a structure (stronghold), it is difficult or impossible to observe movement. The vehicle option is preferred over the stronghold option because the hostage taker has the temporary disadvantage of being in a vulnerable or exposed position. This could enable an open-air resolution (sniper) if the suspect stays exposed. If not, the vehicle option is a quick, controlled method of stopping the suspect without causing undue risk to the hostages. By letting the hostage taker escape with the hostage(s), they are in more danger than they would be by executing a well-rehearsed vehicle option.

27.3 CONCEPT OF VEHICLE OPTIONS

27.3.1. Suspect Vehicle Escape This option should be considered well in advance. In almost all hostage scenarios, the hostage taker will at some point want to escape. Some mode of transportation will probably be requested. Have negotiators attempt to talk the suspect into the smallest vehicle possible. A hostage taker will be less mobile in a crowded environment and smaller vehicles are easier to control than large ones. a) Obtain a vehicle that will accommodate all of the hostages and hostage takers. b) Duplicate the vehicle to be delivered and rehearse every conceivable option

scenario. c) Prepare the vehicle to cause confusion for the hostage taker once he has

entered the vehicle. Altering the steering wheel can do this, adjusting the front seat (all the way forward or back), turn on the windshield wipers, and leave the stereo turned on so the volume will cover the team’s advance. Don’t crank the volume or the suspect may become alerted.

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d) If at all possible, deliver the vehicle with the windows down. This eliminates

any possible shot deflection and increases visibility. Remove the headrests and readjust all the mirrors, inward and down. In addition, open the trunk to provide concealment for the approaching team.

e) The SWAT element should be no further than 50 feet from the vehicle.

Geography and barriers will determine the actual distance.

f) Have contingencies in place for the suspect to leave unannounced, attempt to use their own vehicle or resolution for a covered pile.

g) Due to the confined space and the presence of hostages, team members

should be armed with handguns.

h) Have an alternate plan in place to stop the vehicle if the vehicle option is unsuccessful. These plans may include Road Spikes, Tactical Intervention, Ignition kill switch, etc. A second SWAT element must be ready to intervene once the vehicle is disabled.

i) If deadly force criteria have been met, then the open-air option is the

safest most effective resolution to this type of incident! 27.3.2 Mid Size Vehicles (Sedans and Coupes)

Mid size vehicles are generally the types of transportation requested by most hostage takers. A minimum of six officers are required to assault this type of vehicle. The SWAT element can be initiated from the side or rear of the vehicle however; the rear is the best choice if available. If the approach occurs from the rear:

a) The assault team will line up in two columns standing abreast (See diagram #1); the primary shooters will occupy the first four positions. The hostage handlers will be positioned behind the shooters

b) The team leader will stand to the rear of the columns in a position

affording a clear view of the assault.

c) On the command “Move” the team moves forward toward the rear of the vehicle.

d) A diversionary device should be deployed away from the assault team,

preferably in front of the vehicle. This is done to divert the suspect’s attention away from the team.

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e) The first two officers position themselves on the right and left side of the vehicle in front of the doors looking down into the driver and front passenger area of the vehicle and facing the rear of the car. Their areas of responsibility are divided down the center of the vehicle and to their respective sides.

f) The next two officers position themselves in front of the rear doors

looking down into the rear passenger area and facing the rear of the vehicle. Their area of responsibility is also divided down the center and to their respective sides. This is critical to avoid a crossfire situation.

g) When the officers have cleared their AOR, (Area of Responsibility) by

neutralizing and/or controlling the hostage taker, they will sound off with their “LAST NAME” and “CLEAR”.

h) The team leader will assess the situation and order the hostage

handlers forward.

i) The officers will then shift their positions to allow a pathway for the handlers while maintaining cover on the vehicle.

j) Handlers will remove the hostage(s) from the vehicle and secure them

in a safe area away from the vehicle.

k) The suspect(s) will be removed last, taken into custody and treated for injuries.

If the approach occurs from the side:

a) The assault team will line up to the side of the vehicle.

b) On the command “Move” a NFDD will be deployed as the assault team moves forward to the side of the vehicle.

c) Officers #1 and #2 will divide the vehicle between the front and rear

seat. Officer #3 will deploy to the right of #2, covering the driver’s seat area through the windshield.

d) Officer #4 will shift to the rear of the vehicle to form an L-shape

configuration. This officer should not go beyond the rear of the vehicle, as this would create a crossfire situation.

e) The rest of the mission will continue as outlined above.

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27.3.3 VANS Vans require more personnel due to their size and/or configuration. This type of mission requires a minimum of eight officers. If the vehicle has windows along the sides, and the assault occurs from the rear:

a) Assault team will line up to the rear of the van.

b) On the command “Move” an NFDD will be deployed as the team moves forward.

c) The first two officers approach the rear of the vehicle and cover their

AOR, which are the rear doors divided down the center.

d) The third officer in line will obtain a position near the right, rear portion of the vehicle next to the first opening. His AOR covers the rear seat.

e) The fourth officer will pass number three on the right side and obtain a

position to cover his AOR, which is the center of the vehicle.

f) The fifth officer will pass number four on the right and move to his AOR, which is the front seat area.

g) After the officers have cleared their AOR, they will sound off with

their “LAST NAME” and “CLEAR”.

h) The two officers at the rear will then open the back doors and clear the rear of the vehicle. One will open the doors while the other covers.

i) After the rear of the vehicle has been cleared, the officers at the side

doors will open the doors and clear the area under of the seat.

j) The suspect and hostages will be removed in the same manner as the sedan assault.

Approaching the van from the side:

a) The SWAT element will lineup at the side of the van with the same number of personnel.

b) They will approach the van from the side as described in the sedan

side assault.

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c) The tactics, clearing process, and evacuation will occur the same as above.

27.3.4 BUSES/TRAINS Large vehicles such as a school buses, metro buses and trains require large numbers of personnel (20+) and special equipment.

a) Initial approach involves teams of three officers, ladder holder, primary shooter, and cover officer.

b) Cover officer is armed with a shoulder weapon loaded with

appropriate ammunition. Primary shooter is armed with a handgun.

c) During approach, an NFDD is deployed away from the assault team.

d) The cover officers cover the team as they approach the bus/train.

e) Ladder holder sets the ladder against the bus/train and holds it in position.

f) The primary shooter mounts the ladder to obtain a visual inside the

bus. His job is to control/neutralize potential threats. They will give the occupants commands to “GET DOWN”! Once their AOR is clear they will sound off with their “LAST NAME” and “CLEAR”.

g) The entry team will simultaneously enter the bus with the first two

officers armed with shoulder weapons. These officers will take up long cover positions down the left and right side of the bus/train. The first officer on the bus/train will cross the aisle and take up a position on the right side. The second officer will take a position on the left side. These officers will also sound off with the command “GET DOWN!”

h) The entry team members will immediately begin working their way

down the aisle giving occupants the command “PUT YOUR HANDS ON YOUR HEAD”. The lead element will consist of two officers working close together but not touching. Additional officers will be spaced down the aisle of the bus/train covering all of the occupants.

i) After the bus/train has been controlled, evacuation of the hostages will

occur. The evacuation will proceed from front to rear. The cover teams can assist with hostage handling at this point if they are no longer needed. The hostages will be taken to a hostage holding area for debriefing.

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j) The suspect will then be taken into custody and treated for injuries if applicable.

Newer buses have Plexiglas windows that are resistant to being shot through. Mylar coverings for advertisements are also prevalent for metro buses. The team may be required to make an entry to the bus without the assistance of ladder teams. Sniper teams should be positioned in an area where they can see into the bus/train through the front windshield. This will enable them to provide Intel about the suspects and hostage movements. Additionally, they may be able to end the conflict with an open-air resolution. See the attached diagrams of metro buses and their controls. SWAT MEMBER RESPONSIBILITY SWAT members will familiarize themselves with this SOP and have a basic understanding of the concepts.

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Mobile Assault Option (Sedan)

H 3 1 TL H 4 2

3 1

NFDD

H

TL 2 H

4

TL – Team Leader H – Hostage Handler #1-4 – Contact Team

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Mobile Assault Option (Sedan)

3 H 1 TL 2

4 H 2

TL – Team Leader H – Hostage Handler #1-4 – Contact team

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Side Approach

#1 #2 #4 #3

H H

TL

NFDD

#4

#2 #1 #2

#3

H H

TL – Team Leader H – Hostage Handler #1-4 – Contact Team

TL

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Mobile Assault Option (Van)

1 TL

H H 5 4 3 2

NFDD

1 TL

2 H H 3 4 5

1

2

3

TL H 4 H 5

TL – Team Leader H – Hostage Handler #’s – Contact Team

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Mobile Assault Option (Bus)

1-5

16-20

TL 1-5 Entry Team 6-10 Ladder Holders 11-15 Clearing Team 16-20 Cover Team TL Team Leader M Marksman

1-5 TL Cover Team

Ladder Holders & Clearing Team

Cover

Marksmen

NFDDNFDD

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TL

Cover

Ladder Holders & Clearing Team

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CHAPTER 28

METRO SWAT IMMEDIATE ACTION DRILLS

28.1 PURPOSE OF IMMEDIATE ACTION DRILLS

To provide team members with a pre-planned response to aggressive actions by a suspect.

28.2 NEED FOR IMMEDIATE ACTION DRILLS

When confronted with violent situations it is essential that the team respond immediately in an effort to limit a suspect’s ability to kill or harm team members. Since time is critical at these moments, pre-planned actions are required in order to ensure that the threat is handled appropriately and decisively.

28.3. CONCEPT OF IMMEDIATE ACTION DRILLS 28.3.1 Planning

The first part of immediate action drills is ensuring that the raid plan addresses certain pertinent issues. a. Discuss IAD’s during the briefing and describe potential escape routes,

positions of cover at the target location, down officer safe area, etc. 28.3.2 IAD on approach a. Dedicate cover officers to watch the entry teams approach to the target.

Cover officers should fill in the gaps where snipers cannot see or cover due to dead space, foliage, or obstacles. These cover officers will generally deploy with or just before the entry team.

b. The entry team will provide their own 360-degree security as they

approach. In essence, the team has provided a three-pronged security blanket if snipers, cover officers, and entry members are all doing their job.

c. If the team is fired upon, the officer who is responsible for covering the

window/door where the firing came from will immediately engage the

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target with lethal force. The engagement will be aggressive and hopefully decisive.

d. The rest of the team should pause during the firing and maintain cover on

their assigned area of responsibility. e. The team leader will make a quick assessment of the situation and

determine if the team should retreat or advance to the target. This process will be done quickly and will include, but is not limited to consideration of the following:

♦ Mission ♦ Availability of cover ♦ Down officer ♦ Down suspect ♦ Suspect weapon

f. If an officer goes down as a result of the suspect’s gunfire, the first officer to see the officer will announce loudly “OFFICER DOWN”. The two officers closest to the down officer will move to extract the down officer. No extraction will take place until the team leader orders it to occur.

g. The team leader will make the decision to extract or advance based on the

same criteria outlined in “e”. h. If the team leader is the officer who is down, the nearest officer will

announce “TEAM LEADER DOWN”. That officer will immediately make the decision to extract the T/L or advance on the target base on the criteria in “e”.

i. If the team is ordered to withdraw, all members will move to positions of

cover. Once the team is behind cover, the T/L will determine if the team should continue to extract to a designated rally point for a head count or remain in their positions for a barricaded subject.

23.3.3 IAD inside the structure a. Upon receiving fire from a suspect while inside the structure, the team

member who recognizes where the firing came from will immediately and aggressively return fire.

b. Team members will pause momentarily and cover threats c. The team leader will make the decision to advance, hold ground, or retreat

from the structure. This decision will be made quickly and will be based on, but not limited to the following criteria:

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♦ Mission ♦ Officer down ♦ Suspect down ♦ Suspect weapon ♦ Sphere of control over team members (Have they already moved to

areas of the house where recall would be impossible)

d. If an officer goes down inside the structure, the first two team members who see this occur will announce “OFFICER DOWN”. Those officers will step over the down officer and aggressively engage the suspect. The next two officers will move up to extract the down officer to a safe position inside the house unless otherwise ordered by the Team Leader.

e. At all times, prior to leaving the structure the team leader or designee will

conduct a head count to ensure that all team members are accounted for and no one is left behind.

23.4 Team Member Responsibility

Any team member who is injured, as a result of gunfire should make every effort to extract themselves from harms way. By doing so, the injured officer could prevent other team members from being harmed. All team members will familiarize themselves with this SOP. It is imperative that team members pay attention in raid briefings and react immediately to the threat and subsequent orders from the team leader.

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CHAPTER 29

METRO SWAT Armored Truck and Suburban Use Criteria and Operation Policy

29.1 PURPOSE OF ARMORED TRUCK AND SUBURBAN USE CRITERIA

To provide team leaders with a pre-planned criteria of for the use of the Metro SWAT Team’s Armored Truck (AT) and Suburban operational guide for their appropriate use.

29.2 NEED FOR ARMORED TRUCK AND SUBURBAN USE CRITERIA

When confronted with violent situations it is essential that the team utilize the protective qualities of our Heavy Armored Vehicle. Appropriate response with this vehicle limits a suspect’s ability to kill or harm team members through direct fire weapons.

29.3 CONCEPT OF ARMORED TRUCK AND SUBURBAN USE CRITERIA 29.3.1 Planning

The armored truck will be considered heavy armor and the suburban will be considered to have no ballistic armor. The AT provides mobile cover from most handgun and rifle rounds. The known/assumed weapons of an assailant(s) shall be a primary factor in the team leader’s choice of vehicles and when to request additional armor from an outside agency.

a. Team leaders shall plan to the utilize AT in accordance with the perceived threat of the situation. This perception is based on the facts and intelligence known to the officers at the time of the situation as well as their reasonable assumptions based on the above facts and intelligence.

29.3.2 Criteria:

a. AT shall be brought to the staging area for use on all In Progress - Emergency calls for service. These calls include, but not limited to; Barricaded Suspects/Subjects, Hostage Rescues, Counter-Sniper situations, Officer/Citizen Rescues, Terrorist/WMD acts, Workplace/school violence scenes, and other extra-ordinary occurrences when time is of the essence and the potential for extreme violence is at hand.

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b. The suburban shall be brought to the staging area on all the above calls

and on all high-risk search/arrest warrants served by Metro SWAT. 29.3.3 Deployment:

a. The AT and suburban shall be driven on public streets with the side and rear doors locked open until the vehicle departs the final staging area and are closing on the emergency scene.

b. Only qualified and trained drivers shall drive either vehicle during

operations. Unqualified drivers, only under the immediate supervision of a qualified Metro SWAT driver-trainer may drive the vehicles during training.

29.3.4 Driver Qualification:

a. Driver training shall include hands on orientation to each vehicle and successful completion of the Metro SWAT driving course set up at a training location. This training will consist of at least the following:

1. Physically driving the vehicles 2. Maneuvering the vehicles through a series of obstacles 3. Backing the vehicles 4. Diminishing clearance drill 5. Turning the vehicles around within a distance that represents a

city street

In addition to the skills portion, operators will be have basic equipment operational familiarization and mechanical check to include:

• Fuel requirements/level • Engine oil • Coolant level • Heater/air conditioning • Radio • Power steering fluid • Drive belts • Lighting equipment (headlights, brake lights, turn signals) • Emergency lights • Siren/PA • Spot light • Door latches • Wipers • Tires (inflation, sidewall inspection, tread)

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b. Driver qualification shall include the above training and approval by

the officer’s team leader that a satisfactory level of driver competence has been reached prior to assignment

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Chapter 30

METRO SWAT CRISIS NEGOTIATIONS TEAM 30.1 CNT PURPOSE

The Metro SWAT Crisis Negotiations Team is responsible for communicating with and collecting intelligence regarding subjects, who may be barricaded, involved in suicidal situations and/or in the taking of hostages. The team is comprised of trained Crisis Negotiators from various Pierce County law enforcement agencies working together towards a peaceful resolution in a volatile incident.

30.2 CNT NEED

Statistics overwhelming show that negotiators end a majority of SWAT missions peacefully. The need is clearly established to have a team of highly trained individuals who are capable of dealing with dynamic, high stress situations while still focusing on the needs of the SWAT Team.

30.3 TEAM ORGANIZATION

The team operates under the direction of the Tactical Commander. The team is composed of the following members:

The NEGOTIATIONS TEAM LEADER will direct the team. The first qualified negotiator on the scene will be the PRIMARY negotiator. The second negotiator on the scene will become the SECONDARY negotiator. He/she will assist the PRIMARY in the negotiation process and become a relief negotiator should it be necessary.

The third negotiator on the scene will be the INTELLIGENCE OFFICER. He/she will maintain the CNT time line, and will also serve as a relief negotiator if needed. The intelligence officer may also collect information and background as necessary.

The fourth negotiator on the scene will be the NEGOTIATIONS LIAISON. He/she will coordinate operations between negotiators, command post and investigators. The liaison position may be filled by the Crisis Negotiations Team Leader.

As needed, negotiators arriving on scene will be assigned as INVESTIGATORS. He/she will conduct interviews, gather intelligence, write

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search/arrest warrants, de-brief hostages, and can be utilized as part of any logistical support.

Should the need for additional personnel arise, a mutual aid request can be made to other law enforcement agency having trained crisis negotiators.

30.4 CRISIS NEGOTIATIORS DUTIES AND RESPONSIBILITIES

The negotiation process is delicate and requires sensitivity by all officers involved, but especially by negotiators. Because incidents vary and might require unique responses, negotiators must possess the ability to adapt to varying personalities and circumstances. Therefore, designing specific negotiation procedures and responsibilities are difficult to formulate. The basic functions of the negotiators are as follows:

a. Establish and maintain dialogue with suspects or hostages. b. Develop rapport with subject by utilizing negotiation, persuasion and problem

solving techniques to reduce anxiety and strive for peaceful resolution rather than a tactical response.

c. Gather intelligence through conversations and interviews with suspects, hostages, witnesses, and immediate family members, other relatives, friends, neighbors, etc. This information is to be shared with negotiators and the command post.

d. Attempt to evaluate the physical, mental and emotional conditions of suspect(s) and hostages connected with the operation.

e. Arrange for and instruct suspect(s) and hostages on the exact details of how surrender or release will be performed as coordinated with the SWAT Tactical Commander.

f. Negotiators may function as perimeter team or command post security if the mission does not need negotiators. These duties will be at the Incident Commander’s discretion provided that the negotiators are current on training for those duties and they have received their parent agency's authorization.

g. The duties of specific negotiators may include all or portions of the responsibility as outlined.

30.4 DUTIES AND RESPONSIBILITIES OF SPECIFIC CRISIS

NEGOTIATORS NEGOTIATIONS TEAM LEADER a. Assure the necessary personnel respond. b. Assure the necessary equipment is transported to the scene. c. Obtain a briefing and select a site for negotiations free from unnecessary

distractions with the approval of the SWAT Tactical Commander. d. Coordinate activities with the SWAT Tactical Commander regarding the

benefits and/or detrimental affects disrupting utilities. e. Keep the SWAT Tactical Commander apprised of significant developments

and periodic updates. f. Prepare and coordinate quarterly CNT training.

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PRIMARY NEGOTIATOR

a. Establish and maintain communications. b. Build rapport with subject. c. Develop intelligence. d. Negotiate for a peaceful resolution of the incident.

SECONDARY NEGOTIATOR a. Monitor negotiations. b. Back-up negotiator. c. Assist PRIMARY negotiator:

i. Categorizing intelligence obtained from suspects and/or hostages, and forward information to intelligence officer; ii. Aid PRIMARY negotiator in formulating questions, responses and negotiation approached to use with suspect, etc.

INTELLIGENCE OFFICER a. Maintain critical data board on all gathered intelligence. b. Keep a summary log of negotiation process. c. Facilitate efforts between negotiators and the NEGOTIATIONS

LIAISON. d. Provide relief for other NEGOTIATORS if necessary. e. Function as an information gatherer.

NEGOTIATIONS LIAISON a. Facilitate efforts between the negotiators and Command Post. b. Relay information from investigators to the negotiators and Command Post.. c. Provide relief to the INTELLIGENCE OFFICER or NEGOTIATORS. INVESTIGATORS a. Interview witnesses. b. Complete other investigatory assignments. c. Resource person for negotiators. d. Forward intelligence to NEGOTIATIONS LIAISON. e. Other responsibilities as needed and directed by the on scene incident

commander or tactical operations commander. 30.6 Selection of Crisis Negotiators

a. Recommendation by supervisor or agency head. b. Letter of interest submitted to the SWAT Oversight Committee through the

parent agency chain of command. c. Three years of current police experience (this qualification may be waived

depending on prior experience, knowledge, skills and ability). d. Review of officer’s background. e. Oral board consisting of Crisis Negotiations Team Leader, SWAT Tactical

Commander, SWAT Team Leader, Team Members as designated.

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f. Practical scenario assessment

Desirable traits

a. Ability to adapt to changing situations under extreme stress. b. Ability to remain calm during extreme stress situations. c. Ability to effectively communicate with a wide range of personalities and ethic

backgrounds. d. Demonstrated ability to make good decisions under pressure. Ability to work

long periods of time under stressful situations. Ability to demonstrate team cohesiveness.

e. Commitment to the team. 30.7 TRAINING

Each negotiator selected for the Crisis Negotiations Team will attend a basic hostage negotiation course recognized by the Washington State Criminal Justice Training Commission and mandatory quarterly CNT training prior to acting as a PRIMARY NEGOTIATOR. In addition the following training is highly recommended:

a. Monthly SWAT training to gain familiarity and to integrate with team tactics. b. Advanced Crisis Negotiations training (FBI Academy, Quantico, VA). c. Hostage Negotiator's annual seminar. d. Other training opportunities as they become available. e. Negotiators will be required to have at least 40 hours of Crisis Negotiation's

Training per year to remain an active negotiator on Metro SWAT. HNT members will be required to have 10 hours of mandatory quarterly training for a minimum total of 40 hours per year in Crisis Negotiations.

30.8 Equipment

a. Department authorized firearm. b. Vehicle specifically dedicated for HNT members. c. Secondary body armor, helmet, flight suit, eye protection. d. Bull horn. e. Throw phone. f. Hailer. g. Critical data board. h. Administrative supplies. i. Personal needs for extended operations.

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CHAPTER 31

METRO SWAT K-9

31.1 PURPOSE OF THE SWAT K–9

The integration of police service dog teams into the SWAT environment has become commonplace in many areas of the United States. SWAT teams are successfully using canine teams as an additional tool in certain high- risk situations. However, increased usage of these teams has emphasized the need for developing policy in this important area. The purpose of this suggested policy is to establish minimum training standards for both canine and SWAT teams.

31.2 NEED FOR SWAT K-9

Due to the need to utilize all of the tools available to SWAT, adding canine teams for another apprehension/searching tool is imperative to the success of the team.

31.3 SELECTION CRITERIA

A K-9 team (handler and dog) is not selected solely on the experience of the dog and or handler. An assessment will determine the suitability of K-9 teams for selection. The assessment will be conducted by senior team members and leaders as well as the master/assistant trainers of the Metro K-9 unit.

The Police Service Dog (PSD) itself should be able to perform most of the following functions:

• Take basic commands from SWAT team members after they are trained to do

so. • Allow SWAT members to control his lead. • Hold its position while team members move around its body. • Able to work independently of the handler, i.e. search without being in visual

contact of handler. • Able to work off voice, light-source or hand commands when needed. • Able to “down” at a distance from the handler and stay there to hold an un-

cleared area or hazard. • Limit its barking mostly to on doing so on command.

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• Ride in armored vehicles in and around team members. (may be muzzled.) • Able to ride in standard vehicles around other team members for covert

deployments. • Able to function appropriately around loud noises such as gunfire, NFDD

deployments, glass breakage, etc.

The handler should possess the following traits:

• Good tactical skills and basic knowledge of tactical concepts. • Good officer safety skills. • Able to employ deployment decisions that are different than routine patrol

deployments. • Good team-member skills and able to work amongst a large group. • Be comfortable with SWAT personnel giving commands or controlling their

dog if needed. • Able to recall dog from a distance (with or without ECD.) • Able to give voice, light-source or hand commands to control dog. • Able to pass a SWAT physical agility test. (bi-annually.)

31.4 TRAINING OF SWAT K-9

Newly selected SWAT K-9 teams will attend SWAT Basic to learn the basics of tactical deployment, equipment, K-9 functions and other pertinent information.

SWAT K-9 teams will attend at least one training day a quarter after an initial two day orientation with the team. K-9 handlers will attend SWAT firearms with their K-9 partners in close proximity twice a year.

SWAT K-9 teams will also attend any scenario based training deemed necessary by the SWAT Team Leader and Team Commander.

31.5 CORE COMPETENCIES FOR K-9 TEAMS AND SWAT TEAM

• Team and stealth movement techniques (tactical obedience) • Team approach to objective • Team entry into objective • Directed and non-directed tactical searches • Confined space and limited access insertion and extraction • Limited access search (confined spaces, attics, crawl spaces, vehicle

interiors, etc.) • Long-line utilization • Ability to recall K-9 during tactical searches • Auditory alert by K-9 upon locating inaccessible suspect • Hand and/or audible down commands for K-9 during tactical search • Calm/controlled behavior by K-9 during search exercises

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• Calm/controlled behavior by K-9 with team during live fire exercises • Operating in a chemical agent and smoke environment • Operating in conjunction with diversionary device deployment • Tactical out and team arrest procedures • Tactical tracking consistent with agency procedures • Suspect containment • Suspect apprehension • Suspect distraction • Clearing high-risk areas (entryways, stairwells, hallways, etc.) • Extraction of a non-compliant high-risk subject

31.6 K-9 RESPONSE TO SWAT MISSIONS

When a K-9 team has been selected to work and train with SWAT, that team will have the SWAT all page. If there is more than one K-9 team assigned to SWAT, the nearest K-9 team will deploy on a call. The team leader will notify the appropriate handler if a K-9 team is not needed on any particular mission.

If the handler will not be able to respond or is planning on being out of town he will need to notify the SWAT team leader

31.7 EQUIPMENT

K-9 teams should be properly equipped with tactical body armor and compatible communications equipment. Other SWAT equipment can be optional.

31.8 HOW SWAT/K-9 TEAM MAY BE DEPLOYED:

Warrants: • Containment positions

o They may deploy from their patrol cars or an armored vehicle depending on the tactical plan.

• Secondary searches of buildings. o Off lead o On lead

• Area searches outside of buildings. • Blocking traffic for SWAT vehicles en-route to the warrant location.

Barricaded type incidents:

• Part of the GO team. • Clearing buildings. • To prevent escape or to shut off an area of access by suspect. • As deterrent or force multiplier. • Within gas environment.

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Rural situations:

• Open area searches o On lead (track, block searches) o Off lead (woodland, field, non-track searches) o From vehicles (cast and recall)

31.9 K-9 warnings:

During most, but not all, situations, a K-9 warning will usually be given by either the handler or another team member. When practical, the announcement should also be given over the radio so that it may be recorded.

SWAT Command Post personnel will be responsible for documenting the time of the announcement as well as how many times the announcement was made.

Personnel giving K-9 announcements will indicate such in their post-warrant incident summary.

31.10 HANDLING A K-9 IF THE HANDLER IS INCAPACITATED

Canines are taught to protect their handler. If the K-9 handler is incapacitated, it is imperative that the K-9 be secured prior to rendering aid to the handler. If possible, at least one other SWAT officer will know how to control the canine. Techniques for securing the canine: • Try calling the canine to you. Use a playful voice and call the canine by name.

Try to secure the canine in the officer’s vehicle. Use the command the K-9 officer would use to load the canine.

• Use the canine’s favorite toy to get the canine away from their handler. Try to throw the toy away from the handler or into the back of the K-9 vehicle.

• Use a bite sleeve to distract the canine and walk him over to a secure area and tie off the canine and release the sleeve. Make sure that you don’t present an area of your body that is not protected from the sleeve. Most K-9 officers keep an extra leash or rope in their vehicles that can be used.

• If none of these methods are successful, request the master trainer or another K-9 officer respond immediately to the scene to assist with securing the canine.

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Chapter 32

METRO SWAT EXPLOSIVE BREACHING PROGRAM

32.1 MISSION OBJECTIVES:

To construct and deploy explosive breaching devices which use the minimum amount of explosive material necessary in order to gain successful entry into an intended target. Such devices will be designed and deployed in a manner which minimizes the potential hazards (overpressure and fragmentation) to the public, officers, suspects, and property.

32.2 DEFINITIONS

Active Breacher An officer whom has been agreed upon by all operational breachers to be under apprenticeship into the program. An active breacher will not conduct any explosive breaching or training without being under the direct guidance of an operational breacher.

Charge Clear A command given by Operational Breacher indicating that the charge is safe to approach. This command is commonly used when a charge is placed on a target and an officer must approach it or work near it for various reasons.

Center Punch Initiator (CPI) A mechanical device designed to initiate shock tube/NONEL priming system. Such a device uses a center punch to strike a #209 primer thereby detonating the, “explosive train.”

Day Box A class 3 explosive magazine as defined by ATF regulations. Such magazines are used for storage of small amounts of explosives inside vehicles.

Det. Cord Detonation cord, a commercially manufactured explosive product consisting of secondary high explosive, usually PETN or RDX based.

Explosive Breaching The use of an explosive device, constructed of both explosive and non-explosive materials, to successfully gain entry into an intended target. Explosive Breach A structured technique of employing explosive materials to create an opening through a wall, door, or other barrier that will then allow an immediate partial or full entry by a SWAT team.

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Failed Breach A term describing the result of an explosive breach that did not achieve its intended objective/s.

Fragmentation Solid and non-sold materials propelled at high velocity as a result of an explosive detonation.

Initiator A mechanical, chemical, or electrical device used to initiate an explosive charge.

Initiator Well The large hold inside the Center Punch Initiator’s body which accommodates the center punch.

Interior Residual Overpressure Overpressure created as a direct result of an explosive detonation inside a confined space. Such overpressure can be calculated using a mathematical equation which takes into consideration the quantity of explosives and the volume of space in which it is detonated.

LCC Last Cover and Concealment.

Manual Breaching Element A general term used to describe a secondary breaching option used in conjunction with any explosive breaching element. Such an element may consist of one or more of the following tool categories: mechanical, ballistic, or hydraulic.

Minimum Safe Distance (MSD) A predetermined distance from a specific charge intended to place officers and other personnel away from hazardous exposure to dangerous levels of overpressure. Such distance is calculated using a mathematical formula which takes into consideration both the quantity and type of explosives.

Misfire A term used to describe a failure in the initiation of an explosive breaching charge. Such a failure may result from a variety of causes.

N.E.W. Net Explosive Weight as compared to TNT.

NONEL Shock-Tube Non-Electric Shock-Tube.

“No Breach” Procedure Refers to the specific guidelines mandating the handling of situations in which a suspect or victim opens a door and stands in close proximity to a pre-placed

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explosive breaching charge. This will render its use undesirable under most situations.

Operational Breacher A Metro SWAT officer who is certified in the safe and proper handling of explosives for the purpose of constructing, deploying, and initiating explosive breaching charges in the commission of tactical exercises, live missions, and demonstrations. The Operational Breacher must maintain their certificate and proficiency with ongoing training in accordance with the Washington State Labor and Industry and Commercial Industrial standards.

Overpressure (OP) Any pressure generated as a result of an explosive detonation which results in an atmospheric pressure greater than that which exists in the immediate area. Such OP is commonly expressed in Pounds per Square Inch (PSI).

Pigtail A small, predetermined length of Det. Cord extending outward from the main body of the charge, designed strictly as an attachment point for the blasting cap/s.

Positive Breach The initiation of an explosive breaching charge resulting in a predictable and desirable compromise of its intended target.

Primary Breacher An Operational breacher tasked with the responsibility of initiating an explosive breaching charge.

Priming A term used to describe the process of connecting a NONEL Shock Tube to an initiator and connecting its blasting caps to the charge, thereby making it ready for detonation.

Priming System NONEL Shock Tube/s connected to an Initiator. (Note: A standard priming system carried inside the Priming Satchel consists of 2 NONEL Shock Tubes of similar length and delay, connected together through their entire length by tape or other means. For standards regarding Priming Systems inside a Priming Satchel and Length and Configurations see section 32.4 B 2 b)

RDC Rapid Deployment Charge/s. Commonly constructed with NONEL Shock Tube and blasting cap pre-connected to the charge and CPI.

Reflective Overpressure Overpressure which collides with one or more surfaces that can’t be compromised and as a result, “bounces back,” (is reflected back) toward the general direction

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from which the blast originated. Such overpressure cannot be accurately calculated.

Render Safe Procedures Guidelines describing a step-by-step process for, “disarming,” an explosive breaching charge and/or an initiator.

Residual Interior Over-Pressure Overpressure existing inside a confined area resulting immediately upon explosive detonation. It is determined by the type and amount of explosives as they relate to the volume of space in which the detonation occurred. Residual Interior Over-Pressure is commonly expressed in Pounds per Square Inch (PSI).

Secondary Breacher An Operational Breacher tasked with the responsibility of placing an explosive breaching charge on an intended target.

Shot Out A verbal confirmation provided by a sniper and/or sniper team indicating the intentional firing of their weapon/s.

Stack A tactical term used to describe a formation of SWAT officers lining up in preparation for entry.

Tamping The harnessing and redirecting of energy (overpressure) generated from an explosive detonation toward a desired location/direction.

X-File A name describing the designated secure file cabinet used for storing all breaching reports, secondary copies of Metro SWAT explosive inventory, and other related paperwork.

32.3 STANDARDS OF OPERATION AND TRAINING

A. General Guidelines Under normal and non-emergency situations and when mitigating circumstances do not exist, the Basic Training Requirements will be met, without exception, by all Metro SWAT officers prior to handling, storing, or using any of the following: 1. Shock tube / NONEL; 2. Any type of blasting caps (NONEL, electrical, or other); 3. Any type of initiator or similar equipment (mechanical, chemical, and/or

electrical) designed to initiate a NONEL Shock Tube, blasting caps, and/or any explosives;

4. Explosives, for the purpose of constructing explosive breaching charges;

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5. Explosive breaching charges for the purpose of: a. Placement on an intended target (whether for training exercises or live

operations); b. Detonation (other than breaching); c. Storage;

6. Other explosive handling tasks and materials which are not listed but which require fundamental knowledge of explosive handling and breaching.

B. Basic Training Requirements

Metro SWAT officers will acquire the following training prior to handling, storing, and/or deploying any explosive breaching charges and/or related equipment (whether in training or live operations): 1. 8 hour Basic Explosive Handling Course. 2. 40 hour Explosive Breaching Course. 3. Certificate of successful completion obtained from the training entity and

kept on file. 4. State certification obtained and kept on file.

C. Active Breacher Status A Metro SWAT officer will be considered an Active Breacher when all of the following have been completed: 1. 20 hour Introduction to Explosive Breaching course conducted by Metro

SWAT Operational Breaching cadre. 2. Assignment of all explosive breaching gear and equipment 3. An Active Breacher will be accompanied/supervised by an Operational

Breacher during all explosive breaching events.

D. Operational Breacher Status In order to obtain the status of Operational Breacher, an Active Breacher will be evaluated by the Operational Breacher cadre and a team leader to determine readiness, ability, effectiveness, and safety in the performance of the following: 1. Understanding and execution of the mission objective as defined in this

manual. 2. Proper construction of explosive breaching charges 3. Accurate calculation of MSD and Interior Residual Overpressure 4. Proper use and deployment of charges 5. Proper target analysis 6. Ability to estimate the effects of a charge on the target and surrounding

areas 7. An in-depth understanding of tactical considerations 8. Proper storage and maintenance of all personal-issued explosive breaching

materials and equipment 9. Proper decision-making capabilities

E. Maintaining Status

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The Standards of Operation and Training will be maintained by all Active and Operational Breachers throughout the duration of their active and/or operational status. The following standards must be met by each breacher in order to maintain their respective status: 1. Regular attendance of Metro SWAT quarterly explosive breaching

training 2. Maintenance of a personal explosive breaching log including of all

operational and training breaches conducted as Primary or Secondary Breacher.

3. Assignment and deployment of all necessary explosives, equipment, and related gear during SWAT operations

4. Attendance at a minimum of one 40 hour Explosive Breaching training course conducted by an outside entity every 3 years.

32.4 SAFETY PROCEDURES

A. Charge Construction In keeping with the Mission Objectives, the following considerations and precautions should be exercised by all breachers while constructing an explosive breaching charge: 1. Construction Area

a. Unless exigent circumstances exist, explosive breaching charges will not be constructed in the same immediate vicinity as blasting caps and/or initiators.

b. No Primary High Explosive will be present in the immediate construction area.

c. Smoking is strictly forbidden in or around the construction area. d. Open fires of any kind are strictly forbidden in or around the

construction area.

2. Charge Configuration and Construction a. Based on training and experience, every attempt should be made to use

the minimum amount of explosive necessary to achieve a positive breach.

b. When applicable, every attempt should be made to use materials in the construction of the charge which are less likely to produce and/or become hazardous fragmentation.

c. Every attempt should be made to construct a charge in such a manner as to increase its overall shelf-life, taking into consideration long storage in extreme temperatures (low and high) as well as repeated deployments.

3. Fully Constructed Charges All fully constructed charges which are ready for storage and/or deployment will have the following: a. A clearly legible label indicating the following:

- Common descriptive name of the charge

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- N.E.W expressed in grains (without the priming system) - Lbs. TNT not including the priming system - Priming system including lbs. TNT - MSD - Date of construction - Name of operator who constructed it

b. Ready-to-be-used adhesives pre-placed on the charge Note: Placement of the adhesives will indicate the part or side of the charge which should be in contact with the intended target.

c. Hanging or placement devices (when applicable)

B. Priming Procedures The priming procedures must be completed by no less than two breachers, one of whom must be of Operational status. This will assure that each step is observed and checked by more than one person. 1. Initiators

a. CPI - Remove center punch from the initiator well. - Secure center punch on the Primary Breacher’s body. - Place tape over the well opening to prevent foreign objects from

accidentally entering the well. - Place a shotgun primer inside the brass. - Firmly secure the brass head onto the initiator body.

2. Connecting the NONEL Shock Tube to the Initiator a. General guidelines - The following priming procedures are designed to maximize the

safety to the breachers, team, and all other personnel at the immediate vicinity.

- Priming onto a charge should be accomplished by no less than two breachers. At least one of the two must be of Operational status.

- Priming into the charge should be done in an area which affords reasonable separation from the team and other personnel.

- While priming, breachers should be focused on the task at hand and refrain from becoming sidetracked or involved in other activities.

b. Order of Priming Note: as a general rule always work from the initiator to the charge not the other way around. This procedure should be followed exactly each time a breacher primes into a charge. Whenever conditions allow, perform priming procedures at LCC.)

- Separate the NONEL Shock Tube from the charge. - Remove the NONEL Shock Tube from the priming satchel and

extend the factory crimped end. - Cut the NONEL Shock Tube at least 6 inches away from the

crimped ends. - Cut the NONEL Shock Tube for the second time at least 6 inches

away from the previous cut.

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- Both cuts should be made on the straight part of the NONEL Shock TUBE away from the bent areas.

- Connect and secure cut end/s to the initiator. - When feasible, create a “tension relief” to assure that the NONEL

Shock Tube does not pull free of the initiator if tugged. Note: From this point on, positive control of the initiator must be

maintained. - Remove the blasting caps from their protective case. - Attach the blasting caps to the charge. - When feasible, create a “tension relief” to assure that the blasting

caps do not pull free from the charge if tugged on.

C. Charge and Initiator Render Safe Procedures Render safe procedures are to be followed precisely each time the NONEL Shock Tube is connected into a loaded into a loaded initiator (an initiator loaded with shotgun primer/s and/or blasting caps connected to an explosive breaching charge.)

1. Initiator Render Safe Procedures a. CPI

- Remove NONEL Shock Tube from the brass head. - Separate the Initiator body from the NONEL Shock Tube. - Remove Center Punch from the Initiator well and secure it on your

body.

2. Charge Render Safe Procedures a. Removing the charge from the target.

The following procedures will be executed under normal non-emergency situations and when mitigating circumstances do not exist.

- Secondary Breacher escorted by a Cover Officer will quickly approach the target.

- Secondary Breacher will remove the charge from the target. - The charge will be brought back to a safe location where the

blasting caps will be removed from the “Pigtail.”

b. Removing the blasting caps from the charge. - Any breacher, Active and/or Operational, will expedite an

approach to the target. - Immediately cut the pigtail above the blasting caps. Caution: Be sure not to cut on top of the blasting cap or apply

unnecessary pressure on the caps with the cutters. - Remove the pigtail and blasting caps away from the main charge. - Secure the pigtail and blasting caps at a safe location away from

possible gunfire, impact, and/or friction.

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- Once operationally feasible, remove the blasting caps from the cut pigtail or other explosive to which it is connected.

- When conditions allow, return the main charge and remove it from the target.

c. Considerations for removal of an explosive breaching charge from the target.

- All attempts should be made to remove an explosive breaching charge away from the immediate vicinity of any ballistic breaching deployments, gunfire, and/or manual breaching methods which are likely to cause damage to the charge. - The totality of the existing conditions will dictate which Render Safe Procedure will best complement the overall mission while taking into consideration all safety aspects associated with the charge and related equipment.

D. Misfire Procedures

The following procedure will be executed upon any failed attempt to initiate an explosive breaching charge.

1. Immediately attempt to re-fire. 2. If the attempt to re-fire fails, the Primary Breacher will immediately

announce, “Misfire, Misfire, Misfire,” thereby notifying the team of the failure.

3. The Primary Breacher will simultaneously follow the Initiator Render Safe Procedures as described in section 32.4/C/1 of this manual.

4. Once the initiator is rendered safe, the Primary Breacher will announce: “Charge Clear, Charge Clear, Charge Clear,” thereby notifying the team that it is safe to approach the charge.

5. If the charge is still needed and the surrounding circumstances provide ample time, a new priming system will be attached on top of the failed one and the process of initiating the charge for the second time will commence.

6. If the decision to remove the charge is made, the Secondary or Primary Breacher will proceed with the Render Safe Procedure as described in section 34 C 2 of this manual. Breachers will choose the best method suitable for the situation at hand.

E. Initiator Handling, Maintenance, Storage, and Deployment

Important Note: All initiators are mechanical devices and as such are susceptible to malfunction as a result of misuse, lack of routine maintenance, wear and tear, and broken parts. Breachers should follow the provided guidelines to assure their initiators are in operational condition.

1. Handling a. A center punch used to initiate a CPI system is not designed to be

forcibly slapped or hit. Center punches are designed to be pushed, using constant downward pressure causing the striking end to

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depress until it sets off the internal spring mechanism. Doing so will assure positive initiation of the shotgun primer.

b. The striking tip of the center punch should not be sharp but rather rounded to a smooth edge (much like a firearm striking pin.)

2. Maintenance a. Routine cleaning and inspections of the CPI systems should be

performed by all breachers at least quarterly or as needed. b. Maintenance should consist of the following:

- Full disassembly of the initiators. - Cleaning and removing of all carbon residue and other dirt/debris

from its main body. - Cleaning of the striking pin/mechanism. - Cleaning of the NONEL Shock Tube and shotgun primer areas. - Full visual inspections of all parts/areas. - Function test of each initiator will be performed after the

conclusion of maintenance. Note: To perform a function test:

- Assure that no NONEL Shock Tube or other explosive materials are attached to and/or near the initiator.

- Place a #209 shotgun primer in the designated area of the initiator.

- Announce your intent to fire the device. - Point the initiator in a safe direction. - Fire the initiator.

3. Storage

CPI System - Initiators will be stored in a ready configuration with 1 or 2

(depending on the type of initiator) #209 shotgun primers inserted inside the NONEL Shock Tube initiator well.

- Center Punch will be removed and stored in such an area as to assure it will not accidentally enter the initiator well.

- The open end of the CPI body/well should be taped off, using regular duct tape, to prevent the accidental insertion of a center punch as well as any other debris which may cause the initiator to malfunction.

- Under most circumstances, CPI initiators should not be pre-attached to NONEL Shock Tube. Should it become necessary to pre-attach an initiator, all safety guidelines mentioned above must be followed.

4. Deployment

CPI System - Center punch will not, under any circumstances, be inserted into

the initiator well prior to initiating countdown procedures and/or final preparation to initiate the charge during emergency incidents.

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- Center punch should be stored on the Breacher’s body until such time as he/she is in final preparation for countdown procedures.

- Under no circumstance should the Primary Breacher handle both center punch and the CPI body while the charge is being placed or handled by other breachers or operators.

- Breacher will maintain positive physical control of any initiator which is fully primed into a live charge.

F. MSD

1. Calculations a. All MSD calculations should be checked by a second breacher to

confirm or dispute the result. b. The final MSD result should always be rounded up to the highest

distance. 2. Practical Application

a. When providing the MSD to the “stack” officers, the breacher should remind everyone that the MSD is only calculating OP at a certain distance. It does not indicate safe distance from fragmentation.

b. The MSD formula/calculations are intended to be used for open air detonations.

c. When possible, refrain from stacking in the direct line of sight of the charge.

G. Interior Residual Over-Pressure

1. Calculations a. All Interior Residual Over-Pressure calculations should be checked

by a second breacher to confirm or dispute the result. b. The final OP result should always be rounded up to the highest

number. 2. Practical Applications

a. While initiating charges inside confined areas, breachers should never allow exposure to OP levels greater than 2 PSI.

b. Breachers should always remember that Interior Residual Over-Pressure calculations do not and cannot account for Reflective Overpressure.

c. The possibility of collateral damage as a result of OP should always be taken into consideration and shall be checked against provided charts (i.e. Blast Overpressure Effects on Structures and Human Body/Explosive Breaching Characterization Handbook.)

d. Breachers shall consider calculating Interior Residual Overpressure each time the immediate area, near or at the point of detonation, consists of 4 or more reflective surfaces which are likely to resemble a confined space.

e. Although MSD calculations are designed for use in outdoor environments, doubling the MSD may provide a breacher with a starting point for stack location in confined areas.

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32.5 EQUIPMENT, STORAGE, AND TRANSPORTATION REQUIREMENTS

A. Explosive Magazine Storage (Main Storage Location)

The main explosive storage location will be at a site provided by one of the cooperating cities. All explosives will be stored in accordance with Washington WAC 296-52 and federal law.

B. Drawing explosives

1. Responsibility a. Under normal, non-emergency conditions, and when mitigating

circumstances do not exist, the drawing of any explosive will be restricted only to Operational Breachers.

b. Active Breachers wishing to draw explosives will do so under the direct supervision of an Operational Breacher.

2. General Procedure

a. All drawn explosives will be properly logged at the time of the draw. b. Backup copy of the explosive log, located inside the “X-file” will be

updated no later than 24 hours after the time of the initial draw.

C. Basic Operational Requirements All equipment must be maintained in acceptable operational condition at all times. The following items will be stored in the locker for immediate deployment:

1. Breaching bag 2. Priming satchel 3. Pre-made charges 4. Additional explosives required for the construction of additional and/or

specialized charges. 5. Extra NONEL Shock Tube, above the quantity carried in the priming

satchel. 6. Non-explosive breaching supplies included but not limited to:

a. IV water bags or similar water containers b. Double sided breacher’s tape c. Duct tape d. Prop sticks (wood, foam, and/or other materials) e. Rubber strips (Hinge and RDC sizes) f. Cardboard targets

D. Breaching Bag

1. Contents a. Charges

1 – Gunport charge (water impulse) 1 – Metal door charger (water impulse) 2 – Rapid deployment charges (RDC) [minimum]

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1 – Exterior hinge charge (rolled-up) b. Explosives

50 grain Det. Cord (30 feet) c. Adhesives

Double sided breacher’s tape Duct tape

d. Tools Stud finder Calculator with MSD and IROP formulas Explosive breaching guide Misc. dry wall hangers (various sizes and weights) Misc. hangers and related materials Razor with extra blades Pruning saw Screw drivers (flat and Phillips head) Magnet Measuring tape Markers Spare 9v battery (for stud finder) Charge hanging kit Wall probing tools

e. Non-Explosive breaching materials Note: all attempts should be made to use prop sticks which cause no or low fragmentation.

Prop sticks Breacher’s info guide Electrical tape Black duct tape Carpet tape

2. Configuration In order to maintain consistency and ease of deployment by all breachers, all items contained inside the bags should be organized in a consistent manner.

E. Priming Satchel Contents

a. Explosive related items 1. x2 60 ft. NONEL Shock Tube priming systems 2. x2 30 ft NONEL Shock Tube priming systems 3. x1 20 ft NONEL Shock Tube (for RDC) 4. #209 Shotgun primers (at least 20)

b. Initiators 1. CPI (at least 2) 2. Center Punch (at least 2)

c. Adhesives 1. Electrical Tape

d. Tools

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1. NONEL Shock Tube cutter 2. Markers

F. Guidelines for Storage and Transportation of Explosives

1. Storage a. All storage will be in compliance with WAC 296-52 and federal

law. b. All compartments containing explosives of any kind will be kept

locked and secured when not in use. c. Electrical components and other munitions will not be stored in the

same box as explosives. d. No tools or other metal devices will be stored in the same

magazine as the primary high explosives/detonators/NONEL Shock Tube/Priming Systems.

e. All vehicle magazines/day boxes containing explosives, without exception, will be kept secured and locked at all times when unattended.

2. Inventory a. The breaching cadre must conduct a quarterly inventory of the

explosive materials on hand and compare it to the inventory storage record. This record will be maintained in the X-file as defined under 32.2.

b. The breaching cadre must inspect the magazine once every 7 days to determine whether there has been any attempted or unauthorized entry into the magazine, or unauthorized removal of the contents stored in the magazine. The breacher designated to conduct the inspection will be rotated on a monthly basis so the responsibility is shared within the team.

3. Transportation a. All transportation of explosives will be conducted as per the

Washington Administrative Code 296-52 and federal law. b. All transportation of explosives for non-emergency and training

events will be conducted by a breacher possessing a valid Class “C” license issued through the State of Washington, unless a variance exists.

c. Transportation of explosives for emergency and exigent circumstances will be conducted by an Operational Breacher or an Active Breacher under the direct supervision of an Operational Breacher.

1. This responsibility will be rotated on a monthly basis so the responsibility is shared within the team.

2. Should an Operational Breacher be unavailable during his/her designated month, it is that person’s responsibility to contact another Operational Breacher to conduct the retrieval.

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3. The Operational Breacher will also be responsible for transporting all of the other necessary items to conduct missions during a call-out. This includes but is not limited to: day boxes, satchels, and breaching bags.

32.6 CHARGE AND NONEL SHOCK TUBE: GENERAL STANDARDS

The following charges and priming systems have been chosen as “standard” charges due to their proven effectiveness during countless training exercises and numerous live operations. These charges and priming systems have been tested and evaluated throughout the nation and have been shown to fulfill the overall mission objectives of Metro SWAT. Note: Other charges not listed below may be constructed and carried by individual Operational Breachers. Such charges must conform to the overall Mission Objective described in Section I of this breaching manual.

A. Explosive Breaching Charges

1. Strip Charges a. Rapid Deployment Charge (RDC) b. Exterior Strip

2. Water Impulse Charges a. Gunport b. Metal Door

3. Hinge Charges 4. Metal Security Gate Charge 5. Garage Door Charge 6. Super Slap

B. NONEL Shock Tube All operational NONEL Shock Tube will be of 0 delay. 1. 20 ft.

2. 30 ft. 3. 60 ft.

32.7 DEPLOYMENT CONSIDERATIONS AND GUIDELINES

A. Charge Deployment The following considerations will be weighed by all breachers prior to the deployment of any explosive breaching charges:

1. Severity of the crime at hand. 2. Level of risk to the public, officers, and suspect/s as a direct result of the

breach. 3. The probable effectiveness of other breaching methods. 4. The risk to victims/citizens, officers, and suspect/s if other breaching

methods fail. 5. The probable outcome of the entry team’s failure to accomplish quick and

positive entry into the intended target.

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6. Overall target analysis. 7. Assessment of possible collateral damage resulting from overpressure,

fragmentation, and/or heat.

B. Field Construction 1. As a general rule, breaching during a live operation should be limited to

those targets and charges on which the individual breacher possesses sufficient experience and knowledge. Breachers are encouraged to adapt and improvise as dictated by the mission but also to stay within their individual experience, expertise, and limitations.

2. All charges constructed, modified, or improvised in the field will be done in a manner which is consistent with the mission objective provided in Section I of this manual.

3. Construction of an explosive breaching charge in the field should be accomplished by two breachers, one of whom will be of Operational Breacher status.

4. Construction should take place at a relatively secluded area away from the non-breaching team members as well as other personnel.

5. To reduce the possibility of mistakes and unsafe conditions during the construction phase, breachers should not be tasked with additional responsibilities which are not directly related to the construction of the charge.

C. Charge Placement

1. Breachers should always construct their charge in a manner which accommodates rapid placement and ease of deployment.

2. Special attention should be given to the amount of time a charge must remain on the target and any obstruction it may present.

32.8 FUNDAMENTAL TACTICS

A. Explosive Breaching Elements An explosive breaching element will consist of the following: 1. Primary Breacher (PB) a. Usually positioned 4th from the front of the stack. b. Tasked with initiating the charge.

c. Tasked with positioning the stack at the appropriate distance pre-defined by MSD calculations.

d. Assures that the NONEL is positioned in such a way as to not obstruct the entry team upon entry.

e. Responsible for assuring all safety precautions are in place prior to initiating the charge.

f. Responsible for maintaining a positive eye on the charge and target in order to notify the supervisor/s of any changes to the environment and/or situation which would warrant an immediate stop of all countdown procedures.

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g. In cases where it is not operationally feasible for the PB to maintain a positive eye on the charge he/she will assign this responsibility to another SWAT operator who is well versed in basic explosive breaching procedures to include tactical consideration, countdowns, safety protocols, etc. This person may be designated as the operator responsible for the countdown. However, at any time another team member may call a halt to the countdown if any changes warrant an immediate stop.

h. Tasked with mitigating any failures or related problems with the priming system and/or initiator.

Note: PB must possess the following items on his/her body Extra #209 shotgun primers Appropriate NONEL cutting tool/cutter Backup center punch Electrical tape

i. Announce a misfire if the explosive breaching charge fails to initiate and follow all misfire procedures described in Section IV/D.

2. Secondary Breacher (SB) a. Usually positioned 3rd from the front of the stack. b. Tasked with placing the charge on the target. c. Tasked with directing the shield/cover officer (SCO) to and

from the target. d. Assures that the NONEL is positioned in such a way as to not

obstruct the entry team upon entry. e. Responsible for assuring all safety precautions are in place

prior to initiating the charge. f. Responsible for maintaining a positive eye on the charge and

target in order to notify the primary breacher and/or supervisor/s of any changes to the environment and/or situation which would warrant an immediate stop of all countdown procedures.

g. Assist PB with misfire procedures described in section IV/D.

3. Shield/Cover Officer (SCO) a. A two-man element positioned at 1st/2nd at the front of the

stack. b. Tasked with providing cover for the SB while approaching the

target, placing the charge, and retreating back to the stack location/position.

B. Countdowns

1. Countdown guidelines a. A positive eye on the charge, target, and all other areas of

concern must be maintained by the PB, SB, and/or any other person designated to do so.

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b. It is the preferred, but not the mandatory, tactic to have the person conducting the countdown maintain a positive eye on the charge and target. Doing so allows an immediate stoppage of the countdown procedure when/if needed.

c. Due to fragmentation hazards, visibility limitation, cover and concealment concerns, as well as other tactical considerations, countdown procedures may be better executed by sniper teams (positioned at or above MSD), SWAT operators at a far containment position (positioned at or above MSD), or SWAT operators located inside an armored vehicle (positioned away from OP hazards).

d. It is the responsibility of each and every team member to stop the countdown procedure immediately if/when any undesirable condition/s arise which is/are likely to result in the following:

- Unintended injuries to the suspect. - Injuries to the victims. - Injuries to SWAT operators. - Injuries to other officers and/or citizens. - Unintended collateral damage. - Failed breach. - Other unintended results or unsafe conditions.

2. Standard Countdown To be utilized as the default countdown during all breaching operations and training. This countdown will be executed in the following manner:

a. PB will insert the Center Punch into the CPI body b. PB or other designated person will commence countdown by

announcing the following: Stand by for breach Breach – Initiation of the charge will be executed on “Breach”

3. “Quick Countdown” / Emergency Countdown To be utilized when immediate and undelayed initiation of the charge is necessary and when Standard Countdown procedures do not fulfill the mission objectives. This countdown will be executed in the following manner:

a. PB will insert Center Punch into the CPI body b. PB or other designated person will quickly announce:

- Breach, Breach, Breach (3 times) - Initiation of the charge will be executed on the 3rd

“Breach” command. Note: Due to the expedient nature of this countdown, special attention and consideration should be given to all safety concerns and related issues discussed in section VII/C/1 as well as other sections.

4. Sniper Initiated

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To be utilized when a breach must be executed upon an engagement by a sniper/sniper team and a “Shot Out” indication or confirmation is given.

a. A sniper/sniper team engages a target and advises, over the air, “Shot out, Bolt up.”

b. Immediately after hearing the radio communication from the sniper/sniper team, the PB will insert the Center Punch into the CPI body.

c. The Team Leader will determine if the team will be moving on the target. The TL will state, on the air, “Initiate the entry. Eye on the charge, call the breach.”

d. The TL, or the person with the positive eye on the charge, will then call out, “Breach, Breach, Breach.”

e. The PB will then initiate the charge.

5. Command Initiated

To be utilized when a breach must be executed regardless of successful engagement by a sniper/sniper team and whether or not a “Shot Out” indication or confirmation is given. All SWAT members will be briefed in advance as to the intent of conducting a Command Initiated breach. This countdown will be executed in the following manner:

b. The command “Stand by for Command Initiated Breach” will be aired to all SWAT operators indicating the intent to commence a Command Initiated Breach/Countdown. The PB insert the Center Punch into the CPI body immediately upon receiving this command.

c. The countdown will continue without pause or delay as follows: Fire Breach – Initiation of the charge will be executed on “Breach” and without consideration of a sniper shot.

C. “No Breach” Procedures

1. “No Breach” procedures will apply for all explosive breaching targets which become “obstructed” by an individual/s whose presence at that location elevates the hazards of implementing an explosive breaching charge and in most cases will render its use undesirable.

2. The possibility of a “No Breach” situation will be taken into consideration during all stages of explosive breaching operations. Such considerations will include but will not be limited to:

a. Charge placement. b. Attachment methods. c. Visibility. d. The ability of the breachers to render the charge safe. e. The ability of the breachers to effectively remove the

charge.

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3. The following procedures will be followed when a “No Breach” situation

arises during a “breaching countdown.” a. Any person who observes the “No Breach” situation will

immediately announce the situation by stating, “No Breach, No Breach, No Breach.”

b. All countdown procedures will stop immediately. c. Primary Breacher will immediately remove the Center

Punch from the CPI well. d. Primary Breacher will announce, “Charge Safe, Charge

Safe, Charge Safe,” upon removal of the Center Punch from the CPI well and securing of it on his/her body.

e. An explanation for the stoppage will be provided as soon as possible.

f. Primary and Secondary Breacher will decide whether or no to proceed with and complete “Render Safe Procedures” (described in section 32.4 C). Such decision will be based on the totality of the circumstances and on operational needs.

32.9 DOCUMENTATION A. Required Reports

1. Breaching Reports a. Will be completed by an Operational or Active Breacher

for each charge initiated during training and operations. b. In addition to the breaching report, an after action report

will be completed for each operation in which explosive breaching was utilized.

c. Breaching reports will be completed in a timely manner. d. All breaching reports and related paperwork will be filed

inside the X-file. e. Primary and Secondary breachers will maintain a hard copy

of each report generated for charges they initiate and/or place. Such copies will be maintained in their respective logs and be made available for inspection upon request.

2. Breaching Report Content All breaching reports will consist of the following details:

a. Descriptions of all explosive materials used in the construction of the charge.

b. Weight and/or amount of all explosive materials used in the construction of the charge.

c. Total N.E.W. in grains for all explosives used in construction of the charge.

d. Total lbs. of TNT of the constructed charge. e. MSD f. OP (when applicable)

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g. Description of all non-explosive materials used in the construction of the charge.

h. Description of methods of adhesion. i. Detailed diagram of the charge. j. Results and conclusions.

3. Additional items to added to each report

a. Pictures of the charge and target b. Pictures of the target post-initiation depicting results and

other points of interest.

B. Operational Breaching Reports All operational breaches will require an After Action Report in addition to the

standard Breaching Report. Such reports will follow the guidelines provided in section 32.9 A.

Maintaining accurate and detailed records of all operational breaches is a

critical component in the overall success of the Metro SWAT Explosive Breaching Program. Doing so assures proper historical documentation of all missions in which explosive entry was used. Such records will list various factors which may become useful at a later time. These facts will include but not be limited to:

a. Nature of the incident. b. Brief description of the incident and the facts surrounding

it. c. Articulation as to the decision to use explosive breaching. d. Overall conclusion of the incident. e. Any additional facts which may become important at a later

time. Detailed pictures taken by members of the breaching cadre will be attached to the After Action Report.

Operational Breaching reports will be regarded as sensitive material and as such will be stored inside the X-File.

C. Training Breaching Reports These reports serve multiple purposes and will be maintained for the

following reasons: a. Provide historical record of charge construction, tests,

results, and conclusions. b. Provide historical documentation to support the method,

materials, and N.E.W. used in each charge. c. Provide a training log indicating number of charges and

times each breacher has trained throughout the year and/or his career.

d. Assist in educating new breachers to various details relating to charge construction, charge placement, target analysis, and predicted results.

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Training Breaching reports will be regarded as sensitive material and as such will be stored inside the X-file.

D. Breacher’s Log

To assure a level of accountability regarding the minimum requirement needed to maintain Operational and/or Active Breacher status, all breachers are required to maintain a breaching log consisting of the following:

a. All training breaching reports with which he/she has been involved as Primary or Secondary Breacher.

b. All Operational Breaching and After Action Reports with which he/she has been involved as Primary or Secondary Breacher.

c. Records of all explosive breacher training attended outside of Metro SWAT.

d. Records of all other training which pertains to explosive and/or other breaching methods.

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