WSR 18-23-093
[Filed November 20, 2018, 9:53 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-20-037.
Title of Rule and Other Identifying Information: WAC 139-05-810 Requirement of basic training requirement level I reserve 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, by March 9, 2019.
Assistance for Persons with Disabilities: Contact Sonja Peterson, phone 206-835-7356, TTY 206-835-7300, email, by March 9, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to the chapter heading gives clear direction that this section is for reserve officers. Adds a start date for the beginning of the different reserve officer classification, when approved. Clarifies that specific elements are to be completed: Poly, psych, background (reinforces working [wording] already in the WAC). Adds wording that a statement of fitness, as required by WAC 139-05-230 is completed by each applicant. Reinforces the attestation that at a minimum, the background is completed before the start of the reserve academy.
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 15-19-076, filed 9/14/15, effective 10/15/15)
WAC 139-05-810Requirement of basic training requirement for level I reserve 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 reserve law enforcement academy certificate, regardless of the officer's prior years of law enforcement service.
(2) Beginning January 1, 2016, as a condition of continuing employment, volunteering, or otherwise representing a law enforcement agency, all reserve peace officers must be reported to the commission.
(3) "Reserve peace officer" for the purposes of this chapter, means any officer who does not serve as a law enforcement officer of this state on a full-time basis, but who, when called by such agency into active service, is fully commissioned on the same basis as full-time officers to enforce the criminal laws of this state.
(4) Beginning (*Date to be determined*), within the initial six months of hire, unless otherwise extended by the commission, all reserve peace officers must attend a basic law enforcement reserve academy as prescribed by the commission.
(5) Eligibility for participation in the basic reserve academy process is limited to:
(a) Specially commissioned reserve peace officers of the state of Washington;
(b) Commissioned Washington state tribal peace officers;
(c) Persons employed by a limited authority Washington law enforcement agency as defined under RCW 10.93.020;
(d) Persons employed as security by public colleges and universities as defined under RCW 28B.10.016; or
(e) Persons employed as security in the K-12 Washington state public school system as defined under RCW 28A.150.010.
(((5)))(6) 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.
(((6)))(7) 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.
(((7)))(8) 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.
(((8)))(9) As a precondition of participating in the reserve basic law enforcement academy, it is the responsibility of each applying agency to ((conduct a complete criminal records check to include a search of state and national criminal history records information regarding its applicant through the submission of the applicant's fingerprints to an appropriate agency or agencies)):
(a) Ensure the requirements of RCW 43.101.080(19) as described in chapter 139-07 WAC are met.
(b) No individual will be granted reserve academy admission or allowed continued participation if the individual has been convicted of a felony offense, or any misdemeanor or gross misdemeanor crime of dishonesty within the meaning of Evidence Rule 609(a), or domestic violence.
((Each application for academy attendance must be accompanied by a written attestation by the applying agency that (a) the criminal records check has been completed, and (b) There are no disqualifying convictions. Upon approval of an applicant's eligibility to participate in the reserve process, the applicant's employing agency must submit to the commission all requested records, information and proof of background check as a precondition of participation within such process. The decision to request an officer's participation in the basic reserve law enforcement academy shall be approved by the head of the officer's employing agency.
(9)))(10) A basic reserve level I certificate will be issued by the commission to any specially commissioned reserve peace officer who successfully completes the requirements set forth in RCW 43.101.080(19) and the basic reserve law enforcement academy course of instruction as prescribed and required by the commission.
(((10)))(11) A certificate of attendance may be issued to those who successfully complete the basic reserve law enforcement academy, but who are not appointed as a reserve peace officer by a general authority Washington law enforcement agency as defined under RCW 10.93.020(1).
(((11)))(12) Level I or II reserve officers are not eligible to apply for peace officer or tribal police officer certification, furthermore, appointment as a reserve peace officer is not considered continuous employment for the purposes set forth in RCW 43.101.095 and 43.101.157.