Certification of Employment Termination - PDF - PDF

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					        Peace Officer
        Certification


Employment and Termination
   Peace Officer Certification
Effective January 1, 2002

Authority through RCW and WAC

Condition of continuing employment that all
Washington peace officers become certified.
How Do Officer Become Certified?

Completion of BLEA; or,

Completion of the Equivalency; or,

Issuance of an Administrative Exemption; and

All officers must sign the “peace officer
certification form” as a condition of
certification.
       Certification Case History

70
60
50
40                                   Received
                                     Declined
30                                   Active
20                                   Revoke/Denied

10
0
     2002 2003 2004 2005 2006 2007
   Causes For Loss of Certification
Sexual Assault                False Reporting
Domestic Violence             Perjury
Child Molestation             Drug Use
Prisoner Assault              Computer Trespass
Felony Conviction             Child Rape
Criminal Contact w/Minor      Tampering with Evidence
Criminal Prostitution         VUCSA
Custodial Sexual Misconduct   Firearm Violation
Official Misconduct           False Misleading Statement
Failure of Duty               Theft
Insurance Fraud               False Swearing
Stalking
Agency are required to:
 Report all new hires.

 Report all terminations regardless of reason
 within 15 days.

 When the termination is for “disqualifying
 misconduct” the agency must provide all
 records associated with the termination to the
 Commission. (RCW 43.101.135)
  What Happens When A Case Is
          Submitted?
Contact agency within 5 days of receipt of notice of
termination.
Monitor status of the appeal process—every 60 to 90
days. (appeal can go for years)
Investigate case to determine probable cause– 30
days.
Respondent must request a hearing within 60 days of
the date that the statement of charges is received.
Date of hearing must be set not earlier than 90 nor
more than 180 days from statement of charges.
Written notice of hearing sent 20 days prior.
  Hearings Board Membership
One Sheriff
One Police Chief
Two officers at or below the rank of Sergeant with at
least 10 years experience
One person from a University or Community College
not currently involved in law enforcement.
The Board makes the final decision for the
Commission regarding the officer’s certification
Psychological and Polygraph Testing

RCW 43.101.080 (19) Each applicant that
has been made a conditional offer of
employment.
RCW 43.101.095 (2)(a)(i)(ii) sets the
standards for testing.
(b) Allows the agency to recover up to $400
for the cost of the examinations.
Both a condition of employment as a peace
officer and a condition of certification.
       Equivalency Academy
WAC 139-05-210
Who must attend?
  Any certified peace officer from out of state;
  Any peace officer with a twenty-four month break in
  service;
When musts they attend?
  The first available Equivalency (4 per year)
  Unless it occurs within the first 60 days of employment.
  Then must attend the next as a condition of continued
  employment.
              What If ???
A certified officer leaves a neighboring
department and laterals to my department.
The break in service is less than twenty-four
months. The officer just had a poly and psych
6 months ago. We use the same persons to
conduct our tests.
Are they considered a certified peace officer?
Do we have give them the psych and poly?
     OK, So Now What If???
We have made a conditional offer of
employment as a fully-commissioned peace
officer to one of our Reserve officers. The
person was administered the psych and poly
by us when they were hired as a Reserve.
Do I need to administer these tests again?
            Let’s Talk About
Full-time fully commissioned peace officers

Part-time fully commissioned peace officer

Reserve officer

Provisional officer

RCW 43.101.200 “initial employment as a peace
officer”.
   Administrative Exemption
WAC 139-05-205
  Agency must have 11 commissioned officers.
  May not engage in patrol or other general
  enforcement activity.
  Restricted to the position and term of service
  for which it was granted.
  Can be revoked by the Commission if
  conditions are not being met.
        WAC 139-05-200
Recent language changes:
  Full-time commissioned vs. fully
  commissioned.
  Included Tribal Police, Liquor Control,
  Gambling Commission, and DNR Enforcement
           Other Changes
Allow officers with BLEA only to attend the
equivalency

Break in service of 60 months would require
the person to attend a BLEA.

 Reserve Officers: RCW to address use of
reserve officers.
                      Peace Officer Certification

Glossary of terms:
Case: Notice of termination for disqualifying misconduct that is assigned a case
      number.
        Active case: Under investigation by CJTC, or awaiting action such as;
        criminal charges, arbitration or civil service appeal.
        Declined action: Case has been reviewed by the certification
        investigator and insufficient probable cause exists to continue action
        against the officer’s certification. (Notice is sent to the employing
        agency)

Certification: A law enforcement officer’s license. A condition of continuing
                 employment as a peace officer.
           Denied: An application for certification has been received, but the
           request will not be granted.
           Revoked: Action has been completed and the officer’s certification has
           been removed.
           Default: The officer failed to request a hearing within the 60 day period
           following the statement of charges and the officer’s certification is
           revoked through default.
           Voluntary surrender: The officer has entered into an agreement with
           CJTC which results in the officer voluntarily relinquishing his
           certification.
           Finding of the Hearing Board: The board may elect to revoke an
           officer’s certification, or to not take action against the certification.
           Voluntary withdrawal of application for certification: An administrative
           process whereby the student requests his/her application for peace
           officer certification to be withdrawn.

Options available to the Hearing Board:
         Action to revoke: Results in loss of certification for 5 years unless the
         cause is for a felony conviction, in which case revocation is for life.
         No action: Officer’s certification remains in effect.

Termination: An officer’s employment with an agency is terminated for any
reason, including resignation, retirement or termination for cause. Notice to the
Commission is due within 15 days of the officer leaving the agency.
             Most Frequently Referenced
                   WAC and RCW

       Polygraph and Psychological testing:

RCW 43.101.080 (19) requires psychological and polygraph test as a
condition of employment for peace officers and reserve officers.

RCW 43.101.095 (2) (a) (i) (ii) and (b) sets standards for the tests and
allows recovery of up to $400.00 from applicant.

RCW 43.101.105 (2) addresses twenty-four month break in service
and requirement for psychological and polygraph as a condition of
certification.

            Employment / Termination / Lateral

WAC 139-05-200 (3) requires the employing agency to notify the
Commission when a person is employed as a fully-commissioned
peace officer.

WAC 139-06-020 (1) requires employing agency to notify the
Commission of any termination within 15 days of the person leaving
employment for any reason.

WAC 139-05-210 sets the rule for eligibility and attendance of the
Equivalency Academy.

WAC 139-05-205 Administrative Exemption: Available to agencies
with 11commissioned officers. Usually for Chief of Police or Sheriff.
Does not allow law enforcement action to be taken by the exempted
person.

				
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