S-1035               _______________________________________________

                                                   SENATE BILL NO. 5552

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Bailey, Bender, Nelson and Johnson

Read first time 2/4/87 and referred to Committee on Governmental Operations.

AN ACT Relating to candidates for chief law enforcement officers; adding new sections to chapter 35.27 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The intent of this act is to require certain qualifications for candidates for the office of chief of police; chief law enforcement officer; marshal; director of public safety, who in part oversees law enforcement personnel or activities; or constable.

          The legislature finds that over the past century the field of law enforcement has become increasingly complex and many new techniques and resources have evolved both socially and technically.  In addition the ever-changing requirements of law, both constitutional and statutory provisions protecting the individual and imposing responsibilities and legal liabilities of law enforcement officers and the government of which they represent, require an increased level of training and experience in the field of law enforcement.

          The legislature, therefore finds that minimum requirements are reasonable and necessary to seek and hold the offices or office of chief of police, chief law enforcement officer, marshal, director of public safety, or constable and that such requirements are in the public interest.

NEW SECTION. Sec. 2.     (1) A person seeking appointment to the office of chief of police, chief law enforcement officer, marshal, director of public safety, or constable, is not eligible to be a candidate for that office unless the following requirements are met:

          (a) Is a citizen of the United States of America;

          (b) Has obtained a high school diploma or general equivalency diploma;

          (c) Has not been convicted under the laws of this state, another state, or the United States of a felony, any crime involving moral turpitude, or a gross misdemeanor within the past five years from the date of application;

          (d) Has not been less than honorably discharged from the armed services;

          (e) Has at least two years of regular full-time commissioned law enforcement employment involving general enforcement responsibilities with a governmental law enforcement agency; and

          (f) The person has been certified as a regular and commissioned enforcement officer through compliance with this state's basic training requirement or equivalency.

          (2) A person seeking appointment to the office of chief of police, chief law enforcement officer, marshal, director of public safety, or constable, shall provide a sworn statement under penalty of perjury to the appointing authority in which the candidate seeks office that the person meets the requirements of this section.

NEW SECTION. Sec. 3.     Prior to an appointment in the office of chief of police, chief law enforcement officer, marshal, director of public safety, or constable, the appointing agency shall complete a thorough background investigation on the candidate according to standards set by the Washington association of sheriffs and police chiefs.

NEW SECTION. Sec. 4.     In the case of a vacancy in the office of chief of police, chief law enforcement officer, marshal, director of public safety, or constable, all requirements and procedures of section 2 of this act shall be followed in filling said vacancy.

NEW SECTION. Sec. 5.     Sections 2 through 4 of this act are each added to chapter 35.27 RCW.

NEW SECTION. Sec. 6.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.