New Legislation Could Reshape Sheriff Accountability In Our Area
A Senate bill under consideration in Olympia (SB 5974) has raised concerns about eligibility and training requirements for sheriffs and whether local control and voter authority are threatened.
State Representative Brian Burnett, R-12th, is sponsoring legislation he hopes will clarify the authority of elected sheriffs who are not certified peace officers and ensure voters have a clear path to accountability when a sitting sheriff loses required law enforcement certification.
A former Chelan County Sheriff, Burnett, said House Bill 2387 addresses gaps in state law that have created confusion for deputies, counties, and the public about what happens when an elected sheriff cannot legally perform certified law enforcement duties.
"Sheriffs are elected leaders, but they also sit at the top of a professional law enforcement organization. This bill makes it clear that if you are not a certified peace officer, you should not personally be performing actions that state law reserves for certified officers. That protects deputies, protects the public, and protects the integrity of the office."
Burnett's bill says a sheriff who is not certified may still hold office with the constitutional and legal authority of the position but may not personally carry out law enforcement actions that require peace officer certification. HB 2387 also establishes that when a sitting sheriff loses certification for conduct while in office, a decertification would initiate a recall process. But unelected commissions or agencies could not remove a sheriff from office.
Burnett explained in a news release that HB 2387 does not give a commission or an agency the power to fire a sheriff. Specifically an agency that is appointed by the governor. His bill would trigger a process where voters decide whether someone who can no longer meet professional standards should continue serving in that role.
Under HB 2387, when a sheriff's certification is revoked after due process, the bill allows a recall election to proceed without the need to collect recall petition signatures.
"As a former sheriff, I know how important certification, training, and professional standards are. Every deputy is held to those standards, and the person leading the agency should be no different. Sheriffs are willing to make themselves more accountable than any other elected position, but that accountability should remain with the voters, not a political appointee."
House Bill 2387 was referred to the House Community Safety Committee. The 60-day legislative session began Monday, Jan. 12th, and is scheduled to run through March 12th.
Rep. Burnett will join the KPQ Legislative Hotline this Thursday, Jan. 16th, at 8:05am. 12th District Senator Keith Goehner will kick off the series of legislative updates on Thursday, Jan. 15th, at 8:05am. Lawmakers from the 7th, 12th and 13th Legislative Districts in both the House and Senate will participate on a weekly basis, rotating throughout the short 60-day session
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