[Filed November 20, 2018, 8:40 a.m.]
Preproposal statement of inquiry was filed as WSR 18-20-039.
Title of Rule and Other Identifying Information: WAC 139-05-200 Requirement of basic law enforcement training for general authority peace officers.
Hearing Location(s): On Wednesday, March 13, 2019, at 10 a.m., at the Washington State Criminal Justice Training Commission (WSCJTC), 19010 1st Avenue South, Room C-121, Burien, WA 98148.
Date of Intended Adoption: March 13, 2019.
Submit Written Comments to: Sonja Peterson, 19010 1st Avenue South, Burien, WA 98148, email firstname.lastname@example.org, by March 9, 2019.
Assistance for Persons with Disabilities: Contact Sonja Peterson, phone 206-835-7356, TTY 206-835-7300, email email@example.com, by March 9, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed change makes this WAC applicable to full-time, general authority peace officers. Also, a paragraph was added to clearly state ineligibility for previously revoked, suspended, sanctioned, etc., peace officers. This closes the loophole in the existing WAC.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSCJTC staff, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Tisha Jones, Lacey, Washington, 360-486-2431.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is not required under RCW 34.05.328
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025
(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
November 20, 2018
AMENDATORY SECTION(Amending WSR 06-17-021, filed 8/7/06, effective 9/7/06)
WAC 139-05-200Requirement of basic law enforcement training for general authority peace officers.
(1) Unless certification eligibility has been reinstated, a peace officer or tribal police officer whose certification, commission and/or licensing has been revoked, sanctioned, suspended, or is under review by this state or any other state or territory, is not eligible for a basic law enforcement academy certificate, regardless of the officer's prior years of law enforcement service.
(2) All fully commissioned law enforcement officers of a city, county, or political subdivision of the state of Washington, ((except volunteers and reserve officers, whether paid or unpaid,)) and officers of the Washington state patrol, unless otherwise exempted by the commission must, as a condition of continued employment, successfully complete a basic law enforcement academy or an equivalent basic academy sponsored or conducted by the commission. Basic law enforcement training must be commenced within the initial six-month period of law enforcement employment, unless otherwise extended by the commission.
(((2)))(3) Law enforcement personnel exempted from the requirement of subsection (((1)))(2) of this section include:
(a) Individuals holding the office of sheriff of any county on September 1, 1979; and
(b) Commissioned personnel:
(i) Whose initial date of full-time, regular and commissioned law enforcement employment within the state of Washington precedes January 1, 1978;
(ii) Who have received a certificate of completion in accordance with the requirement of subsection (((1)))(2) of this section, and thereafter have engaged in regular and commissioned law enforcement employment without break or interruption in excess of twenty-four months duration; or
(iii) Who are employed as tribal police officers in Washington state, natural resource investigators employed by the Washington department of natural resources, special agents employed by the Washington state gambling commission, and liquor enforcement officers employed by the Washington state liquor control board who have received a certificate of successful completion from the basic law enforcement academy or the basic law enforcement equivalency and thereafter engage in regular and commissioned law enforcement employment with that agency without break or interruption in excess of twenty-four months duration.
(((3)))(4) Each law enforcement agency of the state of Washington, or any political subdivision thereof, must immediately notify the commission by approved form of each instance where a commissioned officer begins continuing and regular employment with that agency.
(((4)))(5) Failure to comply with any of the above requirements of basic law enforcement training will result in notification of noncompliance by the commission to:
(a) The individual in noncompliance;
(b) The head of his/her agency; and
(c) Any other agency or individual, as determined by the commission.