Current through Register Vol. 24-06, March 15, 2024
(1) Any individual may submit a written
complaint to the commission about a certified officer's conduct. Filing a
complaint does not make a complainant a party to the commission's action.
(a) Individuals who need assistance filing a
written complaint will be accommodated.
(b) The commission shall make the complaint
process transparent and accessible including accepting complaints in any
format, accepting anonymous and third-party complaints, making language
translation available as needed to accommodate complainants, and refraining
from inquiring about complainants' age, immigration status, or other
information not relevant to the complaint.
(c) The commission shall review complaints
thoroughly and conduct preliminary investigation to evaluate whether to
investigate.
(d) Complainants shall
receive information about the process for investigation and any potential
adjudication and receive the name of a point of contact at the commission to
answer questions as needed. Complainants shall also receive a letter providing
the final disposition of their complaint, regardless of the decision to
investigate or the outcome of the investigation.
(2) The commission shall refer criminal
complaints to the law enforcement agency with jurisdiction.
(a) The referral will also include
recommendations that the investigation be performed by a law enforcement agency
who has never employed the accused officer;
(b) Referral for criminal investigation does
not preclude the commission from taking appropriate action to investigate
decertification related aspects of the complaint and, where appropriate, from
taking action to revoke, deny, or suspend certification;
(c) The referral will include notice that
public disclosure of records relating to this investigation may jeopardize the
investigation and state that these records may be exempted from public
disclosure as an active and ongoing investigation via
RCW
42.56.240(1); and
(d) The referral will include a request that
the receiving agency provide notice to the commission should the investigative
records be part of a public records request.
(3) The commission has sole discretion
whether to investigate a complaint, and the commission has sole discretion
whether to investigate issues or concerns relating to revocation or suspension
on any other basis, without restriction as to the source or the existence of a
complaint. Referral of a criminal investigation does not preclude or
necessarily delay a commission investigation.
(4) The commission may investigate a pattern
of complaints or other conduct that individually may not have resulted in a
formal adjudication of wrongdoing, but when considered together demonstrate
conduct that would constitute a violation of
RCW
43.101.105(2) or
(3) The commission must consider the
employing agency's policies and procedures and the certified officer's job
duties and assignment in determining what constitutes a pattern.
(5) The commission shall conduct timely and
expedient investigations.
(a) The commission
may await the conclusion of an agency's internal administrative investigation
or a criminal investigation in order to gain access to greater information or
conduct a more thorough investigation.
(b) The commission shall not delay
investigations in which the employing agency does not fully cooperate per WAC
139-06-030.
(6) A person who files a complaint in good
faith under this section is immune from suit or any civil action related to the
filing or the contents of the complaint.
(7) All complaints must be resolved with a
written determination, regardless of the decision to
investigate.