Law Enforcement Personnel and Peace Officers.
For purposes of the Washington Mutual Aid Peace Officers Powers Act, a general authority law enforcement agency is a state or local governmental entity with the primary purpose of detecting and apprehending persons committing infractions or violating the traffic or criminal laws. The Washington State Patrol and the Department of Fish and Wildlife are general authority law enforcement agencies.
A limited authority law enforcement agency is a state or local government entity that apprehends or detects persons committing infractions or violating traffic or criminal laws related to limited subject areas. These entities include: the Departments of Natural Resources, Social and Health Services, and Corrections; the Gambling Commission, Lottery Commission, Parks and Recreation Commission, and Utilities and Transportation Commission; the Liquor and Cannabis Board; and the Office of the Insurance Commissioner, and Office of Independent Investigations.
There are multiple definitions of peace officers in Washington laws. Law enforcement personnel include any general authority peace officers. A general authority peace officer is a full-time officer of a state or local government or agency whose primary function is violations of traffic or criminal laws. The Washington State Patrol and the Washington Department of Fish and Wildlife are general authority law enforcement agencies. Corrections personnel, corrections officers, criminal justice personnel, federal peace officers, specially commissioned peace officers, sworn peace officers, reserve peace officers, and tribal police officers are separately defined. A reserve peace officer is not employed full time, but may be called by an agency into active service to enforce criminal laws.
Collective Bargaining and Retirement Plan.
The Public Employees' Collective Bargaining Act (PECBA) allows collective bargaining of wages, hours, and working conditions with employees of cities, counties, and other political subdivisions. Law enforcement officers have the authority to collectively bargain under PECBA, which is administered by the Public Employment Relations Commission.
The Law Enforcement Officers' and Fire Fighters' Retirement System Plan 2 (LEOFF 2) is one of the public employee retirement systems managed by the Department of Retirement Services. It provides retirement benefits to certain law enforcement officers and firefighters employed by the state, cities, counties, and special districts. In order to participate in the LEOFF 2, a law enforcement officer must be employed full time, fully compensated, and commissioned and employed to enforce Washington's criminal laws.
For purposes of the LEOFF 2, a law enforcement officers includes:
A person whose position is clerical or secretarial, and not commissioned, is not a law enforcement officer.
Flexible Work Policies.
Any general authority or limited authority law enforcement agency may adopt a flexible work policy that fits the needs of the employing agency. The policy may:
The flexible work policy may not alter any laws or workplace policies relating to restrictions on secondary employment. If a flexible work policy is adopted, it may not cause a reduction in full-time officers.
The authorization for flexible work does not alter any existing collective bargaining agreement or the duty of a law enforcement agency to bargain. A law enforcement agency that employs both full-time and part-time officers must include those officers in the same bargaining unit for any collective bargaining agreement.
Part-Time Law Enforcement Officers.
The definition of a general or limited authority peace officer under the Washington Mutual Aid Peace Officer Powers Act is amended to remove the requirement that an officer be employed full time.
Beginning July 1, 2023, a person who is employed part time, and who meets the existing criteria, is included in the definition of a law enforcement officer eligible for the LEOFF 2.