Olympia – Legislation to strengthen eligibility requirements and professional conduct standards for Police Chiefs, Marshals, and Sheriffs was signed by Governor Ferguson today. 

Senate Bill 5974, introduced by Sen. John Lovick (D-Mill Creek), will establish standardized eligibility requirements to serve as a Police Chief, Marshal, or Sheriff and require that they maintain CJTC certification for the duration of their terms. If a law enforcement leader is decertified for misconduct, they willl not longer be allowed to continue serving as a law enforcement leader.

Regardless of whether the position is elected or appointed, all law enforcement leaders must: 

  • Be at least 25 years old; 
  • Be certified as a law enforcement officer or get certified within 9 months of taking office; 
  • Have no felony convictions; 
  • Have no gross misdemeanor convictions unless those convictions have been vacated; 
  • Have not engaged in any conduct that would lead to mandatory revocation of their certification; 
  • Have not surrendered their certification or had their certification denied or revoked and not reinstated by any state; 
  • Have a minimum of five years total full-time government law enforcement agency experience; 
  • Have a high school diploma or equivalent; 
  • Be a U.S. citizen; 
  • Have been honorably discharged if served in the military; 

Police Chiefs and Marshals will be required to pass a full peace officer background check. All law enforcement leaders will need to go through an eligibility background check to confirm they adhere to the outlined requirements. 

If certification is not obtained and maintained as required, if decertified, or if other eligibility requirements are determined to have not been met, the office will be considered vacant and local government will go about the standard process of appointing or electing a replacement.  

Rank and file officers have long been subject to eligibility and certification requirements, including the mandate that they vacate their position if decertified for misconduct. However, prior to signing this bill, Police Chiefs and Marshals had few eligibility requirements and Sheriffs had none. The RCW outlining the office of sheriff had not been updated in almost two-hundred years. 

“This legislation is about accountability. As a former sheriff, I know that trust between law enforcement leaders and the communities they are sworn to protect is built on maintaining the highest standards of professionalism and accountability,” said Lovick. “Under this legislation, our law enforcement leaders will be held to the same standards of conduct which they ask of every other officer in the state.” 

“Making these updates to our laws means that no matter where anyone lives in Washington, all of the law enforcement officers in their area have the same training and professional expectations, and they are held equally accountable for instances of serious misconduct,” said Rep. Roger Goodman (D-Kirkland), Chair of the House Community Safety Committee.   

The law also imposes guardrails on deputized volunteers and “posses,” preventing any individual not certified as a peace officer to be directed to enforce criminal laws or civil immigration laws, detain, arrest, or use deadly force on Washingtonians. It also clarifies that law enforcement leaders are legally obligated to uphold the constitution and state law as interpreted by the Washington Supreme Court. 

“Law enforcement may not pick and choose which laws they want to enforce. This policy clarifies that it is the courts, not sheriffs, that decide whether a law is constitutional,” Goodman continued. “Implementing these standards, qualifications, and accountability measures align the duties of law enforcement leaders with the modern-day expectations of our communities. With this legislation, we will continue to build confidence and trust between law enforcement and the communities they serve.” 

When polled, 75% of likely Washington voters supported the aims of SB 5974 according to Emerson College Polling. That includes the provision ensuring a law enforcement leader who is decertified for misconduct must step down so local leaders can appoint a replacement. 

“To be clear, no one is decertified for being unpopular,” Lovick continued. “It is an apolitical process guided by the clear and objective conduct standards followed by every other officer in our state.. We must look at this through the lens of leadership. The best leaders understand the importance of excellence and responsibility starting at the top. If a leader at the top commits misconduct, the burden shouldn’t be on the community to remove them. We are making a promise to Washingtonians that everyone with the power to detain, arrest and use deadly force are well-trained, highly prepared, and professional” 

An overview of the law’s movement as legislation can be found here. The full text of the law as signed can be found here.