6316-S

AN ACT Relating to minimum qualifications for the office of sheriff; and amending RCW 36.28.025.

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

Sec. 1. RCW 36.28.025 and 1979 ex.s. c 153 s 6 are each amended to read as follows:

((A person who files a declaration of candidacy for the office of sheriff after September 1, 1979, shall have, within twelve months of assuming office, a certificate of completion of a basic law enforcement training program which complies with standards adopted by the criminal justice training commission pursuant to RCW 43.101.080 and 43.101.160.

~~This requirement does not apply to persons holding the office of sheriff in any county on September 1, 1979.~~)) (1) On and after November 9, 1994, except as otherwise provided in this section, no person is eligible to be a candidate for sheriff or hold the office of sheriff and no person may be elected or appointed to the office of sheriff or continue to hold the office of sheriff unless at the time of filing the person:

(a) Is a registered voter in the county in which the candidate is filing;

(b) Has been awarded a high school diploma or a recognized equivalent of a high school diploma;

(c) Has not been convicted of or pleaded guilty to a felony under the laws of this state, another state, or the United States;

(d) Has not been convicted of a gross misdemeanor or any crime involving moral turpitude within the past ten years;

(e) Has been fingerprinted by the state patrol within the last sixty days;

(f) Has a certificate of completion of a basic law enforcement training program which complies with standards adopted by the criminal justice training commission pursuant to RCW 43.101.080. Completion of the state patrol's academy shall constitute meeting the standards set by the criminal justice training commission. If the certificate of completion is not obtained prior to the date of assuming office, the person shall have twelve months after assuming office to obtain the certificate of completion. The criminal justice training commission shall not require a newly elected or appointed sheriff to participate in the physical training portion of basic law enforcement training. This subsection does not apply to any persons holding the office of sheriff in any county on September 1, 1994;

(g) Has completed at least two years of full-time law enforcement employment involving enforcement responsibilities with a government law enforcement agency or has at least two years full-time experience as a corrections officer for a government agency; or has at least two years of law enforcement or correctional management experience.

This subsection shall be waived for any candidate filing during a special filing period when after the regular filing period no one qualified under this section has filed to run for the office of sheriff. When an appointment is being made to the office of sheriff, the appointing authority must seek individuals who are qualified under this section. However, this section may be waived when there are no applicants who meet these requirements.

(2)(a) If the county auditor determines that a candidate does not meet the qualifications described in subsection (1) of this section, and does not qualify for the waiver in subsection (1)(g) of this section, the county auditor shall disqualify the candidate and the name of the disqualified candidate shall not appear on the general election ballot. If election ballots for the office have been ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.

(b) The county prosecutor or any interested citizen may bring an action in superior court to declare the office of sheriff vacant if the sheriff does not meet the qualifications described in subsection (1) of this section.

(3) Every sheriff must obtain thirty training hours of continuing education each year as certified, or otherwise approved, by the criminal justice training commission.

(4) For the purposes of this section, "county auditor" has the meaning provided in RCW 29.01.043.

(5) The Washington state patrol shall search local, state, and national fingerprint files to disclose any criminal record as described in subsection (1) (c) and (d) of this section. If such an offense is discovered, the state patrol shall notify the county auditor for the county in which the sheriff candidate is running or holds office.