Washington Bill Could Strip Voters of Power to Elect Sheriffs and Police Chiefs

OLYMPIA, WA – House Bill 1399, currently under consideration in the Washington State Legislature, seeks to modernize and clarify laws pertaining to sheriffs, police chiefs, marshals, and police matrons. Sponsored by Representatives Goodman, Fitzgibbon, Reed, Doglio, and Ormsby, the bill has generated significant debate regarding its potential impact on law enforcement operations and local governance.

Key Provisions of HB 1399

The proposed legislation introduces several changes aimed at standardizing the qualifications and duties of law enforcement officials across the state:

  • Eligibility Requirements: Candidates for sheriff, police chief, or marshal must be at least 25 years old, possess a minimum of two years of law enforcement experience, obtain certification within 12 months of assuming office, and pass background checks conducted by the Criminal Justice Training Commission (CJTC) and the Washington State Patrol.¹
  • Enforcement Duties: The bill mandates that sheriffs “shall enforce the constitution and laws of the state, as interpreted by the courts,” a provision some interpret as potentially limiting local discretion in law enforcement.²
  • Use of Volunteers and Special Commissions: Restrictions are placed on the use of volunteers and specially commissioned officers, which could affect programs that utilize civilian analysts and volunteers for tasks such as traffic control and enforcement of specific regulations.¹

Support and Opposition

Proponents argue that HB 1399 establishes consistent professional standards for law enforcement leadership, ensuring that all officials meet specific qualifications and adhere to uniform duties. This, they contend, could enhance accountability and public trust in law enforcement agencies.

Opponents, however, raise concerns about the bill’s implications for local autonomy and voter representation. Sheriff John Nowels of Spokane County has voiced opposition, stating that the legislation could undermine the authority of elected sheriffs by allowing their removal without a vote from the public, effectively placing control in the hands of an unelected commission.²

Additionally, James McMahon, policy director with the Washington Association of Sheriffs and Police Chiefs, testified that certain provisions may violate the Washington State Constitution, particularly those related to free elections and the recall process.¹

Current Status

As of February 26, 2025, HB 1399 is scheduled for an executive session in the House Committee on Appropriations at 1:30 PM.³ The outcome of this session will determine the bill’s progression within the legislative process.

The debate surrounding HB 1399 highlights the complex balance between standardizing law enforcement practices and preserving local control over elected positions. As the legislative process continues, stakeholders from various sectors are actively voicing their perspectives, underscoring the bill’s significance in shaping the future of law enforcement governance in Washington State.

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