How do certification matters come to the attention of the Commission?

• By a complaint, which can be filed by anyone here; 
• By notification from the officer’s employing agency; or
• On the Commission's own initiative where there is cause to believe a certification violation has occurred.

What conduct can result in denial or revocation?

A list of bases for mandatory and discretionary action on certifications can be found at RCW 43.101.105.

Where does the Commission’s authority over certifications come from?

State Law governs the Commission and can be found in RCW 43.101. In 2021, the state legislature adopted several police accountability laws that the Commission must implement and abide by, including new standards for certification. The RCWs are further elaborated within the relevant Washington Administrative Code (WAC).

Do the new certification rules apply to all currently employed peace and corrections officers?

Yes, E2SSB 5051 established new certification mandates for all Peace, Corrections, and Tribal Officers. Refer to RCW’s 43.101.095 and 43.101.105. 

What must agencies report to the Commission for certification review?

Within 15 days, agencies must report the following events:

• When a certified officer or reserve officer is separated from the agency for any reason;
• When the agency first learns of a use of force by a certified officer, including canine bites, that caused serious injury or death;
• When the agency first learns that a certified officer has been charged with a crime; and
• For purposes of RCW 43.101.135 WSCJTC reporting, “initial disciplinary decision” means the point at which an agency supervisor or management representative becomes aware of facts, circumstances, or allegations which if true, may constitute a violation of RCW 43.101.105 (2) – (3).
  

Additional agency reporting requirements are found in WAC 139-06-020.

Prior to certification, how do the agency and officer authorize the release of employee files?

The officer certification application will be completed at the time of graduation by the agency. The form will be used to certify that the background requirements were completed.  The form will also be used to authorize the release of personnel files including disciplinary, termination, civil or criminal investigations, or other records or information directly related to certification.

Which forms must an agency submit?

• The CJ-1903 Notice of Hire form is required prior to attendance to the academy.
• The CJ-1902 Notice of Separation form is required when separation has occurred for any reason.  This form is due with 15 days of separation.  It is mandatory to include the separated officer's email address. 
• The CJ-1915 Reporting EUFO, Suspension, Criminal Charges or Discipline. This form is required within 15 days of any of these occurrences.
• The CJ-1916 Canine Reporting form. Required within 15 days of any serious injury from Canine bite.

How do I report background verification to the Commission prior to a conditional offer of employment?

The notice of hire form has been revised to include the following statement: “Per RCW 43.101.095(2)(b), prior to a nonconditional offer of employment, this agency completed its own background investigation. This agency confirms no information has been found that would disqualify the applicant from certification, and the applicant is suitable for employment.”   This form will be submitted to the Commission prior to acceptance into an academy.  This will be the same process for law enforcement agencies as well as corrections facilities.  The form can be found in the resource  section of this page.

What are the current background requirements?

To comply with RCW 43.101.095, and per WAC 139-07-020, agencies must conduct thorough backgrounding prior to signing and submitting the notice of hire form. Recent changes include:

• Additional requirements for the psychological exam, see WAC 139-07-030.
• A review of applicants’ social media accounts, see WAC 139-07-020.
• Review of past or present affiliations with extremist groups. See definitions in WAC 139-01-310. 

Can any person make a complaint to the Commission regarding officer misconduct? How are complaints handled?

Per RCW 44.101.145 any individual may submit a complaint to the Commission regarding an officer's certification. The Commission has a webform available here for individuals to complete and submit. 

Commission staff will receive the complaint, track the information, contact the employing agency to discuss complaint, and ensure an investigation is completed if the alleged misconduct meets the requirements of the law.

Commission staff will conduct investigations regardless of the status of an agency-based investigation.  

On what basis does the Commission staff decide to put a matter forth for possible revocation or suspension of certification?

Under RCW 43.101.155, if the Commission determines that there is cause to believe that an officer’s certification should be denied, suspended, or revoked,  the Commission will prepare and serve the officer a statement of charges (SOC).

What happens if a Statement of Charges (SOC) is generated?

Once the officer (Respondent) is served with the SOC and request for hearing, the respondent has 60 days to request a hearing and defend against the Commissioner’s action. If the officer does not request a hearing, the Commission will enter an order of default and the officer’s certification will be revoked.

If the officer requests a hearing, they may present witnesses or exhibits in support of their defense at the hearing. The officer is not required to put on a defense and may simply require the Petitioner to prove its case.

The standard of proof in actions before the Commission is a preponderance of the evidence.

Can the Commission request information and proceed with certification actions when there is a pending appeal or union agreement?

Yes. Requests by the Commission for information from an agency cannot be delayed, limited, or precluded by any agreement or contract between the officer, the officer's union, and/or the entity responsible for the records or information. 

If an officer resigned or retired in lieu of termination, does an investigation need to be conducted and completed?

Yes.  Even if the alleged misconduct was not discovered at the time of separation and would have more than likely resulted in suspension or discharge, the agency shall conduct and complete the investigation and provide all relevant information to the Commission as if the officer were still employed.

How long does it take for the Commission to review and respond to complaints?

Within a few days of the Commission receiving a complaint:

• The complainant will receive confirmation of receipt and the name of a Commission point person.
• The employing agency will be notified of the complaint received.
  

Who manages complaint reviews at the Commission and conducts investigations?

The Commission has a Certification Division that consists of experienced staff that complete reviews and investigations in a fair, independent, and thorough manner. The Certifications Divisions goal is to bring certification matters to resolution as expeditiously as possible.

Are hearings open to the public?

Yes. Under RCW 43.101.380 hearings are open to the public, but the deliberations are not. 

How soon will a decision be made once the hearing concludes?

In most cases, the panel will notify the parties in writing of its decision within 90 days as required by state law.

Why was a particular officer decertified or not decertified?

Every circumstance is different. You can learn  about the reasons for decertification decisions by reviewing the information on  the certification database  here. There is also data on decertification trends available on the database.

Once a hearing has been requested, when will it take place?

The hearing will take place within 90 days of receiving the request for hearing, unless the hearing date is continued by the parties.  Once the hearing is set, the Commission shall transmit electronic and written notice of the hearing to the officer and provide public notice on the Commission's website.

Who is the final decision-maker on whether an officer keeps their certification?

A five member hearings panel will hear the case and make the Commission’s final administrative decision based on a majority of the vote.

The makeup of hearings panels can be found under RCW 43.101.380. 

Does the officer need to be present for the hearing?

Yes, whether held in person or remotely, the officer must attend the hearing. Failure to do so will result in a default order for revocation. 

How long are complaints, investigations, and certification information kept on file?

As of July 25, 2021, files relating to complaints, hearings, and investigations held or provided to the Commission are retained indefinitely.

Prior to July 25, 2021 pursuant to state law many files and documents were destroyed one year after conclusion of the case.

Other than revocation, what sanctions can a Hearings Panel impose?

In addition to revocation of certification, the Commission may impose suspension, probation, and/or mandatory retraining for misconduct that does not require mandatory decertification under RCW 43.101.105.

What happens when both the agency and the Commission impose a suspension or period of probation?

Any suspension or period of probation imposed by the Commission runs concurrently to any leave or discipline imposed by the employing agency for the same incident.

An agency may not terminate based solely on imposition of suspension or probation by the Commission.  However, this does not prohibit an agency from terminating an officer based on the underlying acts or omissions for which the commission took such action.

When does the Commission impose suspensions, probation, or re-training?

WAC 139-06-100 details the guidelines for the determination of appropriate outcomes after a finding  of misconduct.

https://app.leg.wa.gov/WAC/default.aspx?cite=139-06-100 

Can an officer lose their certification if their agency does not act because of a union appeal, the provisions of a collective bargaining agreement, or a contractual agreement between the officer’s employer and the officer?

No action or failure to act by an employing agency, or decision resulting from an appeal of that action precludes action by the Commission   to suspend or revoke.  The employing agency may not enter into an agreement or contract with the officer or union for the officer to retain certification when there is misconduct.

The agency must timely report potential misconduct and cannot preclude disclosure of any relevant information including, but not limited to, a promise not to check the box on the notice of separation form that would indicate misconduct in exchange for resigning or retiring. The agency cannot agree to destroy or remove a personnel record  of any peace officer or corrections officer.  Personnel records for any peace officer or corrections officer must be retained for the duration of the officer's employment and a minimum of 10 years thereafter. 

What are the training requirements regarding a lapsed certification vs. an expired certification?

• A break in service of less than 24 months of a WA state officer does not require additional training if certification is in good standing.
• A break in service between 24 – 60 months requires the Equivalency Academy to receive certification.
• A break in service of over 60 months requires the full basic law enforcement or corrections academy.
• Reserve Officers, part-time, or limited authority officers do not count towards certification.

What happens if an officer surrenders their certification?

The Commission retains jurisdiction to investigate, and if appropriate, take decertification action against surrendered certifications. Notice and hearing are not required when a peace officer voluntarily surrenders certification. 

If a peace officer's certification has been revoked or suspended, can they become certified as a corrections officer? If they have been revoked or suspended as a corrections officer, can they become certified as a peace officer?

No.  If a peace or corrections officer certification has been revoked, they cannot become certified in the other field unless they have successfully petitioned for reinstatement of certification.  If a peace or corrections officer certification has been suspended, they cannot become certified in the other field during the period of suspension.

How can someone request reinstatement of certification?

For reinstatement of certification that has been revoked, please see RCW 43.101.115.