Washington Peace Officer Certification Guidelines

RCW 43.101.095 & WAC 139-06 PEACE OFFICER CERTIFICATION PEACE OFFICER CERTIFICATION

WAC 139 WAC 139- -05 05- -200 200 Each law enforcement must immediately notify the commission of each instance where a commissioned officer begins continuing and regular employment with that agency.

RCW RCW 43.101.135 & 43.101.135 & WAC 139 WAC 139- -06 06- -020 020 Employing agencies must notify the WSCJTC upon termination for any reason, including resignation, within 15 days of the officers departure.

COMMISSION V. CERTIFICATION COMMISSION V. CERTIFICATION Certification Issued by the State Will lapse after a break in service of 24-60 months Will expire after a break in service greater than 60 months Commission Issued by the appointing authority of the law enforcement agency Lose this when separating from employment

PEACE OFFICER CERTIFICATION PEACE OFFICER CERTIFICATION As a condition of continuing employment as peace officers, all Washington peace officers: (a) Shall timely obtain certification as peace officers, or timely obtain certification or exemption therefrom, by meeting all requirements of RCW 43.101.200 as that section is administered under the rules of the commission, as well by meeting any additional requirements under this chapter; and (b) shall maintain the basic certification as peace officers under this chapter.

SPECIAL COMMISSION & SPECIAL COMMISSION & LIMITED AUTHORITY LIMITED AUTHORITY Not Eligible for Peace Officer Certification. Reserve officers Railroad police officers Limited Authority Agencies

ACADEMY ACADEMY Training is part of ethics class Dismissal (may constitute denial) Repercussion of being terminated from academy Cheating & integrity violations WAC 139-05-242 Readmission to basic law enforcement academy

DISQUALIFYING MISCONDUCT DISQUALIFYING MISCONDUCT RCW 43.101.010 (8) Discharge is required: Conviction of any crime committed under color of authority as a peace officer Any crime involving dishonesty or false statement under Evidence Rule # 609(a) Any crime involving the use or possession of a controlled substance Conduct that would constitute any of the crimes above. Conviction of any crime which disqualifies the person of the right to possess a firearm Knowingly making false statements during the disciplinary investigations where the false statements are the sole basis for the termination.

NO DISCHARGE REQUIRED NO DISCHARGE REQUIRED RCW 43.101.105 Failure to timely meet the basic training requirements; Knowingly omitting or falsifying material information on an application for certification or training to the Commission; Conviction of a felony; The peace officer has interfered with an investigation or action for denial or revocation by: Knowingly making materially false statement to the commission; Or In any matter under investigation by or otherwise before the commission, tampered with evidence or tampered with or intimidated any witness.

DISCHARGE IS FINAL DISCHARGE IS FINAL RCW 43.101.010 (10) Final" means that the peace officer has exhausted all available civil service appeals, collective bargaining remedies, and all other such direct administrative appeals, and the officer has not been reinstated as the result of the action. Finality is not affected by the pendency or availability of state or federal administrative or court actions for discrimination, or by the pendency or availability of state or federal administrative or court actions for discrimination, or by the pendency or availability of any remedies other than direct civil service and collective bargaining remedies. A federal civil rights lawsuit is a separate cause of action and is not a direct review or appeal from a disciplinary discharge.

RESIGN OR RETIRE RESIGN OR RETIRE IN ANTICIPATION OF DISCIPLINE IN ANTICIPATION OF DISCIPLINE RCW 43.101.010 (9) When the totality of the circumstances support a finding that the officer resigned in anticipation of discipline, whether or not the misconduct was discovered at the time of resignation, and when such discipline, if carried forward, would more likely than not have led to discharge for disqualifying conduct

CERTIFICATION APPLICATION CERTIFICATION APPLICATION RCW 43.101.095 (5) Must be signed A condition of continuing employment Signed at BLEA or Equivalency Academy Authorizes the release of information from Officer s personnel file Termination records Any other information related to certification Including internal investigations

LAPSE IN SERVICE LAPSE IN SERVICE RCW 43.101.125 A peace officer s certification lapses automatically when there is a break of more than 24 consecutive months in service as a fully commissioned peace officer. A break solely due to direct review of an appeal, or work related injury does not count as part of the 24 months. Work related injury (i.e. placed on L & I injury leave) Doesn t count if officer resigns

CAN CERTIFICATION/ELIGIBILTY CAN CERTIFICATION/ELIGIBILTY BE REINSTATED? BE REINSTATED? WAC 139-06-120 Yes, except for conviction of a felony, there are processes to reinstate after a specified period of time. 2 years if terminated from the BLEA WAC 139-05-242 5 years if revoked Must petition the Commission and meet standards described in WAC 139-06-130. Probation period may be required.

WHEN WILL THE PEACE OFFICER WHEN WILL THE PEACE OFFICER BE NOTIFIED? BE NOTIFIED? WAC 139-06-050 A statement of charges must be served upon the officer by mail or personal service. A copy is sent to the employing agency. The officer must request a hearing within 60 days or an Order of Default is entered.

IF A HEARING IS REQUESTED: IF A HEARING IS REQUESTED: RCW 43.101.155 & WAC 139-06 Date of the hearing: Not earlier than 90 days nor later than 180 days after communication of the SOC. Written notice of the hearing: At least 20 days prior to the hearing. Requesting officer MUST be present at the hearing. WAC 139-06-100 The final order will be enter within 90 days of the conclusion of hearing. WAC 139-06-110

PEACE OFFICER PEACE OFFICER HEARINGS BOARD HEARINGS BOARD WAC 139-06-060 1 Police Chief 1 Sheriff 2 peace officers with 10 years experience at or below sergeant 1 college or university representative, not a peace officer

WASHINGTON STATE PATROL WASHINGTON STATE PATROL HEARINGS BOARD HEARINGS BOARD WAC 139-06-060 1 Chief or 1 Sheriff 1 Administrator of the State Patrol 1 peace officer and 1 trooper with 10 years experience, at or below sergeant 1 college or university representative who is not a peace officer

TRIBAL POLICE OFFICER TRIBAL POLICE OFFICER HEARINGS BOARD HEARINGS BOARD WAC 139-06-060 1 Police Chief or 1 Sheriff. 1 Tribal Police Chief. 1 police officer and 1 tribal officer with a minimum of 10 years experience at or below the rank of Sgt. 1 person not currently a police officer who represents a community college or 4 year college or university.

WHO WILL HAVE ACCESS TO THE WHO WILL HAVE ACCESS TO THE COMMISSION RECORDS COMMISSION RECORDS RCW 43.101.400 All papers, files and information are confidential, NOT subject to public disclosure, subpoena, or discovery proceedings in any civil action. RCW 43.101.400 The hearings, but not the deliberations of the board, are open to the public. Our office is completely secure, including the fax machine.

CERTIFICATION CONTACTS CERTIFICATION CONTACTS Tisha Jones, Certification Manager tjones@cjtc.state.wa.us Sonja Hirsch, Hearings Coordinator shirsch@cjtc.state.wa.us