WSR 04-14-078

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed July 6, 2004, 10:06 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-11-054.

Title of Rule and Other Identifying Information: WAC 139-05-242 Readmission to basic law enforcement academy.

Hearing Location(s): Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148-2055, on September 8, 2004, at 10:00 a.m.

Date of Intended Adoption: September 8, 2004.

Submit Written Comments to: Sharon M. Tolton, Criminally Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148-2055, fax (206) 439-3860, by September 6, 2004.

Assistance for Persons with Disabilities: Contact Sonja Hirsch by September 6, 2004, TDD (206) 835-7300.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Peace officer certification and subsequent changes to RCW 43.101.010 became effective January 1, 2002. Some of the language in RCW 43.101.115 Denial of revocation of peace officer certification -- Readmission to academy -- Reinstatement, authorizes the commission to readmit and certify officers who have not completed the Basic Law Enforcement Academy. There are portions of WAC 139-05-242 that conflict with the conditions and length of time set forth in the RCW under which a person can be readmitted to an academy. (See details below.)

Summary: Stakeholders were contacted by letter to advise of the intended rule amendments. Proposals also listed on the agency website.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule sets forth the conditions under which a person may be readmitted to the Basic Law Enforcement Academy when they have been terminated from a Basic Law Enforcement Academy for academic failure, voluntary withdrawal, or disciplinary reasons to include cheating, integrity violations, failure to cooperate, or the commission of a crime.

The changes to this WAC will set the conditions for readmittance to a Basic Law Enforcement Academy to the extent that these conditions will not be in conflict with the requirements for readmission that are set forth in RCW 43.101.115. The WAC currently identifies levels of behavior and actions by an officer in the basic academy that could result in the officer being removed from the academy, and then allowed to return within twenty-four months. This same behavior under RCW 43.101.115 may be investigated as disqualifying misconduct, which if proven, would require the commission to initiate the hearing process that may result in the denial or revocation of the peace officer's certification and prohibit the officer's readmission to a basic academy for five years.

Proposal Changes the Following Existing Rules: Subsection (4) removes the act of "making a materially false statement," which under RCW 43.101.115(4) may be treated as a "disqualifying misconduct" as described in RCW 43.101.010 (7)(c). An officer found to have been terminated for disqualifying misconduct may not make application for reinstatement for five years, versus the twenty-four months allowed by the WAC. The other language added referencing violations not constituting disqualifying misconduct is necessary to clarify that if the dismissal is disqualifying misconduct, that there are other rules that set forth conditions that a person must meet prior to being readmitted to an academy.

Subsection (5) has been struck because it allowed the director to make an acceptation [exception] after a hearing. This option is in conflict with the RCW 43.101.115 that grants this authority to the hearings panel and allows them to set the conditions under which the person may return.

Subsection (6) was changed to match the changes to the exception rule that was struck in subsection (5) of the WAC.

Subsection (7) was struck because of the conflict with RCW 43.101.400 Confidentiality of records. The release of any information collected for the purpose of denying or revoking a peace officer's certification is addressed in RCW 43.101.400. The WAC language was in conflict with the confidentiality requirements of this section of the RCW.

Statutory Authority for Adoption: RCW 43.101.080.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Criminal Justice Training Commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Doug Blair, Burien, (206) 835-7309.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.

RCW 19.85.025(2), this chapter does not apply to a rule proposed for expedited adoption under **RCW 34.05.230 (1) through (8), unless a written objection is timely filed with the agency and the objection is not withdrawn.

RCW 34.05.328 does not apply to this rule adoption.

July 1, 2004

Sonja Hirsch

for Sharon M. Tolton

Deputy Director

OTS-7228.1


AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-05-242   Readmission to basic law enforcement academy.   No person may be readmitted to the basic law enforcement training academy except as provided in this section.

(1) Any request for readmission to any academy shall be made and submitted by the individual's employing or sponsoring agency.

(2) Any individual terminated from any academy for academic failure or who has voluntarily withdrawn from any academy for any reason, may be readmitted to a subsequent academy session only if:

(a) The head of the individual's current employing agency submits to the commission a written request for readmission of the individual to the academy program, and

(b) The executive director of the commission, or his or her designee, is satisfied that any conditions to the individual's readmission specified by the director or his or her designee have been met.

(3) Any individual dismissed from any academy for disciplinary reasons other than those specified by ((section)) subsection (4)((, below)) of this section, may be readmitted to a subsequent academy program only if:

(a) The head of the individual's current employing agency submits to the commission a written request for readmission, and

(b) The executive director of the commission, or his or her designee, is satisfied that any conditions to the individual's readmission specified by the director or his or her designee have been met, and determines there no longer exists "good cause" to exclude the individual from the academy program.

(4) Any person dismissed from any academy for an integrity violation, including but not limited to cheating, ((the making of materially false statements,)) or the commission of a crime, or other violations not constituting disqualifying misconduct as defined in RCW 43.101.010(7), shall not be eligible for readmission to any subsequent academy within twenty-four months from the date of dismissal. Such ineligibility shall not be affected by any new employment or reemployment during the period of ineligibility specified in the preceding sentence of this subsection.

(5) ((An exception to the ineligibility period specified in subsection (4) may be granted at the sole discretion of the director, based upon mitigating circumstances. However, no person may be considered for such early readmission after an integrity violation dismissal unless a written request is made on his or her behalf by the head of the agency employing the individual at the time of the request. Such request may be granted by the director upon hearing the matter in a proceeding conducted in accordance with the applicable procedures of the commission. The director's decision under this subsection shall be subject to further review only for abuse of discretion.

(6))) After the ineligibility period specified in subsection (4) of this section has passed, ((or after an exception thereto has been granted by the commission under subsection (5),)) the person previously dismissed for an integrity violation may be readmitted to a subsequent academy session only if:

(a) The head of the individual's current employing agency submits to the commission a written request for readmission, and

(b) The executive director of the commission, or his or her designee, is satisfied that any conditions to the individual's readmission specified by the director or his or her designee have been met, and determines there no longer exists "good cause" to exclude the individual from the academy program.

(((7) Any and all information deemed to be relevant to the eligibility for readmission under this section of any law enforcement recruit or prospective recruit may be disseminated without restriction between the commission staff and any employer or prospective employer.

(8))) (6) For purposes of this section, reserves and volunteers will be deemed to be employees of the agencies which sponsor them for participation in a training academy.

[Statutory Authority: RCW 43.101.080. 00-17-017, 139-05-242, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 93-13-103, 139-05-242, filed 6/21/93, effective 7/22/93.]

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