An investigation by InvestigateWest shows that Washington's 2021 police certification law is failing to remove officers with histories of misconduct. Despite the intent of the legislation, some troubled officers have even been promoted to leadership roles within law enforcement agencies.
The failure of Senate Bill 5051 to purge misconduct
Washington's Senate Bill 5051 was enacted in 2021 with the explicit goal of strengthening the state's power to strip certifications from officers who engage in misconduct. However, an analysis of state employment records dating back to 2000, conducted by InvestigateWest, reveals that the law has not functioned as a reliable barrier. According to InvestigateWest, law enforcement agencies across the state have continued to hire and promote individuals with serious histories of misconduct, effectively bypassing the state's intended enforcement mechanisms.
This pattern suggests a systemic gap between legislative intent and operational reality. While the state created a framework for decertification, the actual implementation relies heavily on the cooperation of local agencies, which the InvestigateWest report suggests is often lacking.
From taxpayer fraud to DUI: Three cases of certification failure
The InvestigateWest report highlights three specific instances where the certification system failed to protect the public. in one case, an officer who faced repeated accusations of misconduct was not only retained but promoted to the rank of police chief, while allegedly defrauding taxpayers.. In another instance, an officer charged with driving under the influence (DUI) and fleeing the scene of an accident was never formally investigated by the state commission.
Perhaps most alarming is the case of an officer who remained certified to work in Washington despite having his certification revoked in another state following a felony conviction. These examples illustrate a fragmented system where state-level oversight is easily undermined by local hiring decisions or a lack of inter-state communication.
The 'separation' requirement that shields troubled officers
A critical loophole exists in the current regulatory framework: the state commission can only revoke an officer's certification for felony convictions, specific misdemeanors, or severe excessive force if the officer is first separated from the agency where the misconduct occurred.. As the InvestigateWest report details, this creates a perverse incentive for local agencies to retain troubled officers rather than firing them, as keeping the officer on the payroll effectively shields them from state-level decertification.
This "separation" requirement means that as long as a local department is willing to overlook misconduct or refuse to report it, the state commission remains powerless to intervene. This mechanism transforms a state-wide safety standard into a voluntary guideline that local chiefs can choose to ignore.
Rep. Roger Goodman's response to the InvestigateWest findings
Rep. Roger Goodman, the Democratic lawmaker from Kirkland who spearheaded Senate Bill 5051, expressed surprise and discomfort after being presented with the InvestigateWest findings. goodman has vowed to continue working on the legislation to close these gaps, acknowledging that the current system is not meeting its objectives.
However, several critical questions remain unanswered. The source does not specify which local agencies failed to report the aforementioned misconduct, nor does it clarify why the state commission failed to flag the officer with an out-of-state felony conviction. Furthermore, it remains unclear whether the state commission has the resources to proactively audit employment records or if it must rely entirely on reports from the very agencies it is meant to oversee.
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