BILL REQ. #:  H-1157.2 

Read first time 02/11/13.   Referred to Committee on Labor & Workforce Development.

     AN ACT Relating to the removal and discharge of peace officers; amending RCW 41.12.080, 41.14.110, and 43.43.070; and adding a new section to chapter 43.101 RCW.

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

Sec. 1   RCW 41.12.080 and 2007 c 218 s 13 are each amended to read as follows:
     (1) The tenure of everyone holding an office, place, position or employment under the provisions of this chapter shall be only during good behavior, and except as provided in subsection (2) of this section, any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons:
     (((1))) (a) Incompetency, inefficiency or inattention to or dereliction of duty;
     (((2))) (b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself or herself; or any willful violation of the provisions of this chapter or the rules and regulation to be adopted hereunder;
     (((3))) (c) Mental or physical unfitness for the position which the employee holds;
     (((4))) (d) Dishonest, disgraceful, immoral or prejudicial conduct;
     (((5))) (e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the function and duties of any position under civil service;
     (((6))) (f) Conviction of a felony, or a misdemeanor, involving moral turpitude;
     (((7))) (g) Any other act or failure to act which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.
     (2) If an employer removes or discharges a person who holds an office, place, position, or employment under this chapter for committing an illegal act or an act of dishonesty or untruthfulness, and an arbitrator finds that the employer established that the person engaged in the act or acts by clear and convincing evidence, the employer is deemed to have had just cause for the removal or discharge, and the arbitrator may not overturn the removal or discharge.
     (3) For purposes of this section, "illegal act" and an "act of dishonesty or untruthfulness" mean the same as defined in section 4 of this act.

Sec. 2   RCW 41.14.110 and 2012 c 117 s 14 are each amended to read as follows:
     (1) The tenure of every person holding an office, place, position, or employment under the provisions of this chapter shall be only during good behavior, and except as provided in subsection (2) of this section, any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons:
     (((1))) (a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
     (((2))) (b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself or herself; or any willful violation of the provisions of this chapter or the rules and regulations to be adopted hereunder;
     (((3))) (c) Mental or physical unfitness for the position which the employee holds;
     (((4))) (d) Dishonest, disgraceful, or prejudicial conduct;
     (((5))) (e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid, or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the function and duties of any position under civil service;
     (((6))) (f) Conviction of a felony, or a misdemeanor involving moral turpitude;
     (((7))) (g) Any other act or failure to act which in the judgment of the civil service commission is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.
     (2) If an employer removes or discharges a person who holds an office, place, position, or employment under this chapter for committing an illegal act or an act of dishonesty or untruthfulness, and an arbitrator finds that the employer established that the person engaged in the act or acts by clear and convincing evidence, the employer is deemed to have had just cause for the removal or discharge, and the arbitrator may not overturn the removal or discharge.
     (3) For purposes of this section, "illegal act" and an "act of dishonesty or untruthfulness" mean the same as defined in section 4 of this act.

Sec. 3   RCW 43.43.070 and 1984 c 141 s 2 are each amended to read as follows:
     (1) Discharge of any officer with probationary status and discharge, demotion, or suspension of any officer with nonprobationary status shall be only for cause, which shall be clearly stated in a written complaint, sworn to by the person preferring the charges, and served upon the officer complained of.
     (2) Removal or discharge of any officer for committing an illegal act or an act of dishonesty or untruthfulness established by clear and convincing evidence shall be deemed to satisfy the reasonableness and lawfulness standard set forth in RCW 43.43.100.
     (3) Upon being ((so)) served with a written complaint, any such officer shall be entitled to a public hearing before a trial board consisting of two Washington state patrol officers of the rank of captain, and one officer of equal rank with the officer complained of, who shall be selected by the chief of the Washington state patrol by lot from the roster of the patrol. In the case of complaint by an officer, such officer shall not be a member of the trial board.
     (4) For purposes of this section, "illegal act" and an "act of dishonesty or untruthfulness" mean the same as defined in section 4 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.101 RCW to read as follows:
     (1) If an employer removes or discharges a person who holds an office, place, position, or employment under this chapter for committing an illegal act or an act of dishonesty or untruthfulness, and an arbitrator finds that the employer established that the person engaged in the act or acts by clear and convincing evidence, the employer is deemed to have had just cause for the removal or discharge, and the arbitrator may not overturn the removal or discharge.
     (2) For purposes of this section, the following terms have the following meanings:
     (a) "Illegal act" means the commission of a crime involving moral turpitude in the discharge of the person's official duties, including but not limited to: A violent offense, as defined in RCW 9.94A.030; a sex offense, as defined in RCW 9.94A.030; theft, as defined in RCW 9A.56.030 through 9A.56.050; fraud under chapter 9A.60 RCW; malicious mischief, as defined in RCW 9A.48.070 through 9A.48.090; and indecent exposure, as defined in RCW 9A.88.010.
     (b) "An act of dishonesty or untruthfulness" means intentionally making a false statement in response to a direct question in an official investigation or disciplinary process or intentionally making a false statement in an official public document.

NEW SECTION.  Sec. 5   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.