WSR 18-23-094
PROPOSED RULES
CRIMINAL JUSTICE
TRAINING COMMISSION
[Filed November 20, 2018, 10:02 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-20-038.
Title of Rule and Other Identifying Information: WAC 139-05-825 Basic reserve law enforcement academy certificate of equivalency.
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 speterson@cjtc.state.wa.us, by March 9, 2019.
Assistance for Persons with Disabilities: Contact Sonja Peterson, phone 206-835-7356, TTY 206-835-7300, email speterson@cjtc.state.wa.us, by March 9, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Helps clarify the different classifications of reserves (Level 1 or 2) and their effects on prior experience reserve officers from in and out of state. Provides guidance for in and out of state full-time officers who either retire or returned to reserve duty or those who have a full-time peace officer certificate that are no longer working full-time for any number of reasons but want to work as a reserve [officer]. Clarifies that a qualifying lateral must participate in the equivalency process as required by the commission.
Statutory Authority for Adoption: RCW 43.101.080.
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: Tisha Jones, Lacey, Washington, 360-486-2431; Implementation and Enforcement: Tom Hill, Burien, Washington, 206-835-7344.
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
Sonja Peterson
Rules Coordinator
AMENDATORY SECTION(Amending WSR 15-19-080, filed 9/15/15, effective 10/16/15)
WAC 139-05-825Basic reserve law enforcement academy certificate of equivalency.
(1) Unless certification eligibility has been reinstated, a peace officer or tribal peace 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 reserve law enforcement academy certificate of equivalency, regardless of the officer's prior years of law enforcement service.
(2) A certificate of equivalency for the basic reserve law enforcement academy shall be issued only to applicants who successfully complete the equivalency process as required by the commission. For this purpose, the term "process" shall include all documentation and prerequisites set forth in subsection (8) of this section and successful completion of all knowledge and skills requirements within the basic reserve law enforcement equivalency academy. A certificate of completion of equivalent reserve law enforcement training is recognized in the same manner as the certificate of completion of the basic reserve law enforcement academy. For this purpose, the term "basic training program" does not include any military or any federal training program not otherwise approved by the commission.
(3) Eligibility for participation in the basic reserve law enforcement equivalency process shall be limited to:
(a) Reserve peace officers who have previously attained a ((basic))level I or II reserve certificate through completion of a basic reserve law enforcement academy or program in Washington state and who has incurred a break in service of:
(i) Less than twelve months are not required to complete the reserve equivalency or skills requirement. Agencies are required to submit a notice of hire form, and comply with RCW 43.101.080(19);
(ii) More than twelve but less than twenty-four months must successfully complete the requirements of RCW 43.101.080(19), current documentation showing all requirements outlined in subsection (8) of this section have been completed within six months, and the comprehensive reserve final test proctored by the commission; ((or
(ii)))
(iii) More than twenty-four months break in service requires the person to attend the basic reserve law enforcement academy; or
(iv) Applicants with less than twenty-four months break in service may retain their level I or II reserve officer classification.
(b) Fully commissioned general authority peace officers or tribal police officers of this state who have attained peace officer certification through completion of an approved basic training program in this or another state who has incurred a break in service of:
(i) Less than twenty-four months must submit an application to be recognized as a reserve officer to the commission and successfully complete the requirements of RCW 43.101.080(19); or
(ii) More than twenty-four months and less than sixty months requires the applicant to successfully complete the requirements of RCW 43.101.080(19) and the comprehensive reserve final test proctored by the commission; or
(iii) More than sixty month break in service requires the applicant to attend the basic reserve law enforcement academy.
(c) Fully commissioned peace officers of another state who have incurred a break in service of:
Less than sixty months requires the applicant to successfully complete the requirements of RCW 43.101.080(19) and the comprehensive reserve final test proctored by the commission.
All out-of-state full-time peace officers applying for reserve equivalency will begin as a level I reserve.
(d) For this purpose, the term "basic training program" does not include any military or any federal training program not otherwise approved by the commission.
(4) The decision to request an officer's participation within the equivalency process shall be discretionary with the head of the officer's employing agency. It shall be the responsibility of the applicant's agency to ensure that all necessary forms and documentation are completed and submitted to the commission in a timely manner.
(5) Upon appointment of a reserve peace officer, the appointing law enforcement agency shall immediately notify the commission on a personnel action report form provided by the commission.
(6) Upon termination of a reserve peace officer for any reason, including resignation, the agency of termination shall, within fifteen days of the termination, notify the commission on a personnel action report form provided by the commission.
(7) For the purposes of the Washington Mutual Aid Peace Officers Powers Act, chapter 10.93 RCW, every individual who is commissioned as a specially commissioned reserve peace officer in this state will obtain a basic reserve certificate as a precondition of the exercise of authority pursuant to such act.
(8) Upon approval of an applicant's eligibility to participate in the equivalency process, the applicant's employing agency must submit to the commission the following documentation as a precondition of participation within such process:
(a) A copy of the applicant's certificate of successful completion of an approved basic reserve academy or program and/or a copy of the applicant's peace officer certification certificate;
(b) Proof the applicant has successfully completed the requirements set forth in RCW 43.101.080(19);
(c) ((A))Submit a current record showing the applicant has met the firearms training with an approved instructor as set forth by the commission;
(d) ((A))Submit a current record showing the applicant has met the defensive tactics training with an approved instructor as set forth by the commission; and
(e) ((A))Submit a current record showing the applicant has met the emergency vehicle operations training with an approved instructor as set forth by the commission.
(9) Upon completion of the equivalency process and review and evaluation of the applicant's performance, the commission will issue a certificate of completion of equivalent basic reserve law enforcement training.
(10) Reserve officers are not eligible to apply for peace officer or tribal police officer certification, furthermore, employment as a specially commissioned peace officer/reserve officer is not considered continuous full-time employment for the purposes set forth in RCW 43.101.095 and 43.101.157.