Bill that would strengthen standards for Washington sheriffs headed to governor

SEATTLE — After a contentious hourslong debate in the state House of Representatives, a bill that would strengthen standards for Washington's elected sheriffs and make it easier to oust them is set to land on the governor's desk.

Senate Bill 5974 cleared one of its final hurdles on Monday when state senators approved amendments made in the House. It will now be up to Gov. Bob Ferguson to decide whether to make it law.

The bill does many things. It would require sheriffs to have five years of law enforcement experience and to undergo background checks through the Washington State Patrol before they qualify to hold office. It would raise the minimum age to serve as sheriff from 18 to 25. And it would tighten rules around volunteers and volunteer-run sheriff's posses," preventing them from enforcing laws or accessing police databases.

But most of the debate has centered on the bill granting the ability to remove a sheriff from power if they are decertified by the Criminal Justice Training Commission.

The bill’s passage is a significant win for sponsors Sen. John Lovick, D-Mill Creek, and Rep. Roger Goodman, D-Kirkland, as both have attempted similar legislation in the past.

Lovick, a former state trooper who served as Snohomish County sheriff from 2007 to 2013, said he was "proud" of the passage and grateful to his colleagues for their work on the legislation.

"This legislation is about accountability and public safety," he said in an emailed statement Monday. "Communities will be able to trust that their law enforcement leaders are highly prepared and held to the same standards of conduct and accountability as every other officer in our state."

Rep. Jim Walsh, R-Aberdeen, who spoke at length against the bill in the House, said in a text Monday that it was unconstitutional and a "political attack on county sheriffs."

"It's bad policy, built on fearmongering and disinformation about what sheriffs do," he wrote.

Evening the playing field

A law enforcement officer in Washington must obtain a peace officer certification through the Criminal Justice Training Commission. If someone without a background in law enforcement is elected sheriff, current law requires them to complete the commission's training within 12 months of assuming office. But if a sheriff doesn't comply or is decertified, there is no automatic removal process under current law.

The bill mandates that any sheriff who doesn’t get certified through the training commission within nine months, or gets decertified by the commission, would be automatically removed from power. County lawmakers would be tasked with filling the role until the next election.

The bill, which also applies to police chiefs, disqualifies sheriff candidates with a revoked or surrendered peace officer certification.

Both Lovick and Goodman have said the legislation evens the playing field between law enforcement and their bosses.

“A police officer, a deputy, would have to … leave that position if they are decertified,” Lovick said in an interview last month, “and I think it’s only fair that our leaders are held to the same standards.”

Conflict in the House

Goodman took the baton from Lovick after the Senate sent the bill to the House last month.

While the first version of the bill moved through the Senate with ease, the bill had a bumpier time in the House.

Dozens of people packed into a house hearing room on Feb. 23 to attend the community safety committee. Among the speakers was Pacific County Sheriff Daniel Garcia.

Garcia, who wasn’t a law enforcement officer before becoming sheriff, faced the risk of losing his job due to the bill’s requirement that police leaders have five years of experience. He appears to be the only current sheriff in the state who wouldn't meet that bar, Goodman said. House members amended the legislation to exempt those currently holding the position of police chief or sheriff from the eligibility requirement, effectively grandfathering Garcia and letting him keep his role.

Then, on Thursday, lawmakers spent nearly seven hours disputing the bill on the House floor as Republicans proposed dozens of amendments. One by one, Democrats swiftly voted them down.

One notable moment happened when Rep. Joshua Penner, R-Orting, called the legislation the "Let's get rid of Keith Swank" bill, referring to the Pierce County sheriff. He was then told by Rep. Joe Timmons, the assistant speaker of the House, to refrain from speculating about the "motives of members."

Lawmakers adopted technical amendments that slightly modify eligibility and background check requirements. The amendments also allowed candidates with vacated gross misdemeanor convictions to serve. Officers and their attorneys can also review Criminal Justice Training Commission records, even if no formal charges have been filed.

In the end, the bill passed 54-42, with no Republicans voting for the amended bill. Four Democrats voted against it.

'I'm not afraid'

Senate Bill 5974 made waves among sheriffs, with many saying it undermines the will of voters. The Washington Association of Sheriffs and Police Chiefs also opposed the legislation.

Swank has been one of the most outspoken opponents of the bill. At one point, he said that if the law is passed and he is removed from power, he suggested thousands of supporters would show up at the County-City Building in downtown Tacoma in protest.

Lovick and Goodman have both pointed to Swank's threats as justification for the bill.

"Sheriff Swank stood up in the Senate and said he does not recognize our authority, and he threatened to surround government buildings with masked supporters," Goodman said in an interview on Feb. 25. "Those statements justify why we need to pass this bill."

In an interview Monday, Swank said he wasn't surprised about the bill's passing but still thinks it's an overreach by Democrats. He said the bill, in his eyes, will be used to get rid of sheriffs the Democrats don't like to further their political goals.

Swank has nine open cases with the training commission, CJTC spokesperson David Quinlan said. Of the 39 sheriffs in Washington, about 18, or about 46%, have open cases with the commission, Quinlan said.

"I don't want to use the term afraid, because nothing scares me, so I'm not afraid," he said. "But do I believe that the Democrats that passed this want the Criminal Justice Training Commission to decertify me so that I'm removed from office? Yes."

Anne Levinson, a former Seattle judge who became a subject matter expert on police accountability, worked on the legislation with Lovick.

"Not sure I am an expert, but I do believe in accountability for law enforcement officers of all types," Levinson said in a text message Monday. "This bill offers extra guardrails on sheriff behavior. Why is that considered controversial?