COMMISSION 
AGENDA MEMORANDUM                        Item No.          8d 
ACTION ITEM                            Date of Meeting    September 28, 2021 

DATE:     July 19, 2021 
TO:        Stephen P. Metruck, Executive Director 
FROM:    Michael Villa, Acting Chief of Police 
SUBJECT:  Sea-Tac Municipal Court ILA 
Amount of this request:               $1,500,000 
Total estimated project cost:          $1,500,000 
ACTION REQUESTED 
Request Commission authorization for the Executive Director to approve the Sea-Tac Municipal
Court Interlocal Agreement 2021-2024. This will allow the Port of Seattle to utilize City of Sea-Tac
court and prosecutorial services. 
EXECUTIVE SUMMARY 
The purpose of this Interlocal Agreement is to make necessary arrangements for the prosecution
and adjudication of misdemeanor offenses and civil infractions filed by the Port of Seattle Police
that occur on Seattle-Tacoma International Airport (SEA) property within the boundaries of the
City of Sea-Tac.
The Port will pay Sea-Tac $376,240 plus additional service contract fees estimated at no more
than $10,000 in 2022. The Port will pay a service fee based on actual costs in 2021 for high repeat
offenders referred to the Sea-Tac Prosecutor. Annually, the parties shall engage in a financial
analysis to ensure that the City's costs are fully recovered, and no additional revenues accrue
from the Port to the City for providing court services, as required by State Law. 
The Port will hire public defender law firm Stewart MacNichols Harmell, Inc., PS to represent a
defendant when a prosecution occurs. Stewart MacNichols will cost approximately $75,000 per
year. That amount is not budgeted in the $376,240 above and is not part of the ILA with SeaTac.
However, funds are included in the 2022 Police Department budget for the public defender. 
Under the Delegation of Authority (dated June 13, 2017), the legal department has the authority to
execute a contract for public defender services for the police department under Section 9. Legal 
Services, Claims and Other Representation. 


Template revised January 10, 2019.

COMMISSION AGENDA  Action Item No. 8d                                  Page 2 of 4 
Meeting Date: September 28, 2021 
JUSTIFICATION 
The Interlocal Agreement supports the Century Agenda goals: 
1.  Goal 2, objective 3: Continuously improve the operational efficiency and customer
experience at SEA. 
2.  Goal 6, Objective 16: Advance the Port's dedication to employee safety. 
3.  Goal 6, Objective 18: Partner and engage with external stakeholders to build healthy, safe, 
and equitable communities. 
The Port of Seattle presently adjudicates misdemeanor cases and infractions utilizing King County
Prosecuting Attorney's Office (KCPAO) and King County District Court. By state statute we can 
adjudicate misdemeanor and civil infraction cases through the county court system or may do so
through a municipal court where the offense occurred. The King County Prosecutor's Office has
continued to decrease the number of cases they will file due to decreased capacity and
prioritization  of  violent  crimes  over  property  and  disorder  related  crimes.  Most  crimes
committed at SEA properties are property crimes such as thefts or disorder crimes such as
trespassing. In 2019, pre-COVID, only 48% of cases referred to KCPAO were filed. In 2020, only
21% of cases were filed. As of June 30, 2021, 199 cases were referred to the KCPAO. Only 26
cases, 13%, have been filed to date. We do not expect these numbers to improve. 
Additionally, when referring in-custody cases to KCPAO we are required to book the defendant
into the King County Jail. Due to King County Jail policy changes during 2020 and 2021, we are
severely limited in when we can book an in-custody arrest. Therefore, many offenders at SEA are
arrested, escorted off property, released, and return soon thereafter to the airport. Some
offenders have over 40, 50 or even 60 trespass admonishments. Some have returned after
leaving and have committed more serious crimes. 
An interlocal agreement with Sea-Tac Municipal Court will enable the Police Department to refer
misdemeanor cases for prosecutorial and court services and will enable the department to book
in-custody arrests into South Correctional Entity (SCORE). 
Sea-Tac contracts with SCORE. The Commission approved a contract with SCORE in 2020. Unlike
King County Jail, SCORE will accept and then hold most defendants until their first appearance,
and officers will not have to release arrestees where they can walk right back onto Port
properties. 
Safety and security of all those at the airport is a high priority. This recommendation aligns with
and compliments strategies being implemented by SEA Cares and is thus supported by the
Steering Committee and Aviation Director Lance Lyttle. 


Template revised June 27, 2019 (Diversity in Contracting).

COMMISSION AGENDA  Action Item No. 8d                                  Page 3 of 4 
Meeting Date: September 28, 2021 
DETAILS 
Beginning at the execution of the ILA, misdemeanor cases will be referred and reviewed by the
Sea-Tac Prosecutor and filed if appropriate into the Sea-Tac Municipal Court. The Port is securing
a contract with a Public Defender who will defend these cases. That contract is not part of this
Interlocal Agreement. The court will provide all other services required for adjudication.
The Interlocal Agreement has been reviewed and approved by Legal and is supported by
Executive Director Metruck. Funding for the ILA has been approved. Expenditures for 2021 will
be absorbed in the Police Department budget. Funding has been approved and included in the
2022 budget. 
Scope of Work 
Scope of work is included in the ILA and includes the following: 
(1)   Filing, processing, adjudication of misdemeanor offenses 
(2)   Adjudication of traffic offenses 
(3)   Processing and tracking fines, payments, bail and other forfeitures 
(4)   Issuance of summons and notifications and subpoenaing of witnesses and parties 
(5)   Maintenance of court cases 
(6)   Probation services including overseeing community service work 
(7)   Domestic Violence Advocate as required 
(8)   Provide monthly case load report 
ALTERNATIVES AND IMPLICATIONS CONSIDERED 
The alternative is to continue to refer cases to the King County Prosecuting Attorney's Office. This
alternative is not recommended and does not further the Century Agenda and Aviation Division
Goals regarding customer experience and public safety. 
Alternative 1  Continue utilizing King County Prosecuting Attorney's Office 
Cost Implications: There is no budgetary cost to this alternative. 
Pros: 
(1)   No cost 
Cons: 
(1)   Low rate of prosecution 
(2)   Limited ability to book in-custody and repeat offenders 
(3)   Less officer productivity as they continue to respond to repeat offenders 
(4)   Higher rate of criminal activity at SEA properties 
(5)   Decreased Customer Experience 
(6)   Decreased safety at SEA 
This is not the recommended alternative. 

Template revised June 27, 2019 (Diversity in Contracting).

COMMISSION AGENDA  Action Item No. 8d                                  Page 4 of 4 
Meeting Date: September 28, 2021 
Alternative 2  Enter into an ILA with Sea-Tac for prosecutorial and court services 
Cost Implications: Increase of approximately $400,000 per year 
Pros: 
(1)   Higher rate of prosecution 
(2)   Ability to book in-custody misdemeanor offenders into SCORE 
(3)   Reduction of repeat offenses from the same offenders 
(4)   Increase in officer productivity 
(5)   Improved customer experience at SEA 
(6)   Improved public safety at SEA 
Cons: 
(1)   Cost of services 
This is the recommended alternative. 
FINANCIAL IMPLICATIONS 
The 2021 costs will be based on actual cost and dependent on the number of referrals made. The
costs will be absorbed within the Police Department budget. It is estimated at $20,000. The 2022
cost is estimated at $386,240. The 2023 and 2024 costs will include cost of living and may be
adjusted based on usage analysis. An annual reconciliation will ensure Sea-Tac has full cost
recovery and the Port is not overcharged. We are therefore requesting authorization for
$1,500,000 for three (3) years to ensure sufficient funds for services. 
Cost Estimate/Authorization Summary              Capital        Expense           Total 
AUTHORIZATION 
Current request for authorization                          0       1,500,000       1,500,000 
Total authorizations, including this request                  0       1,500,000       1,500,000 
Remaining amount to be authorized                    $0     $1,500,000     $1,500,000 

Annual Budget Status and Source of Funds 
The funds for the services have been approved in the 2022 budget. 
ATTACHMENTS TO THIS REQUEST 
(1)   Interlocal Agreement Between the Port of Seattle and the City of Sea-Tac for the
Provision of Municipal Court and Prosecutorial Services 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS 
None 

Template revised June 27, 2019 (Diversity in Contracting).