Local sheriffs weigh in on SB 5904

MOSES LAKE — Four sheriffs across Eastern Washington, John Nowels of Spokane County, Glenn Blakeslee of Pend Orielle County, Brad Manke of Stevens County and Ray Maycumber of Ferry County, have taken legal action to challenge SB 5974, which was signed by Governor Bob Ferguson on April 1. Those four sheriffs, along with others across the state, have stated that there are aspects of the bill that go against the rights of the voter to choose their leaders in law enforcement.

“The big piece of it is how it removes the right of the voters to be able to specifically select their sheriff as well as (the ability) to remove that sheriff from office if need be,” said Grant County Sheriff Joey Kriete. “The whole philosophy of removing and stripping the right of voters is the primary concern of this whole bill.”

According to the Washington State Legislature, SB 5974 is a way to modernize and strengthen laws concerning sheriffs, police chiefs, town marshals, law enforcement agency volunteers, youth cadets, specially commissioned officers and police matrons.

These changes as outlined in Sec. 9 of the bill include updating eligibility requirements, duties and responsibilities in law enforcement.

The bill also included a new section, Sec. 11, that states, “In addition to the causes for vacancy of elective office set forth in RCW 42.12.010, a vacancy in the office of sheriff is created if the incumbent does not maintain certification as required under chapter 43.101 RCW, is decertified pursuant to a final decision by the criminal justice training commission under chapter 43.101 RCW or a final decision on appeal, or if the other requirements of RCW 36.28.025 have not been met or have not been complied with while in office. When a vacancy has been created, the vacancy shall be filled pursuant to RCW 36.16.110. The person appointed must meet the requirements of RCW 36.28.025.”

When the bill was brought to the legislature, it was met with scrutiny from multiple law enforcement agencies. A statement from the Washington Council of Police and Sheriffs (WACOPS) released March 18 said the organization supported the sentiment of the bill more broadly, but the details of SB 5974 stated in Sections 9, 11 and 12 allow a politically appointed commission to interfere with the constitutionally protected selection process for elected sheriffs.

“Accountability for the position of sheriff belongs directly to the will of the voters – not to a politically influenced body with expanded power to remove an elected official,” said WACOPS in the statement. “Signing this bill into law would directly undermine the democratic process.”

Kriete said, prior to the law, anybody could run for sheriff and once elected they had 12 months to become a certified peace officer. Some of the new qualifications limit who can be on the ballot if they are not deemed qualified, he said, even if they are seen as a good leader of the community they serve.

“That requirement was there already in law. There are requirements that sheriffs (must meet) to remain certified,” Kriete said. “We have specific mandated trainings to maintain that certification that you’re required to do.”

The process for removing an elected official from office prior to the law came down to the voting booth or by process of recall, which was triggered by petition, said Kriete. This process is something that had been used by the state in the past in Benton County.

“You have two systems that work very well; they have worked that way for many years and now we’re in a system to where they’re decided by state-appointed people,” said Kriete. “It just removes all those options and all those rights from the voters being able to select the person they want to vote in as sheriff.”

Adams County Sheriff Dale Wagner released a statement in support of the pending litigation made by the four sheriffs, stating that allowing a board appointed by the governor to make these decisions limits the voice of the people.

“As elected Sheriffs, we swore an oath to support the Constitution and laws of the United States and the State of Washington, while serving and protecting the people of our counties. Our oath is not just words spoken; it is the very core of our truly held beliefs and a solemn promise we will not break,” said Wagner in the statement. “By taking this action today, we stand together, unwavering in our oath and steadfast in our commitment to protect the inherent rights of the communities we serve.”

While the law did pass, Kriete said, sheriffs across the state are working together to fight the legislation.