By Mitchell Roland and Alexandra Duggan
The Spokesman-Review, Spokane, Wash.
OLYMPIA, Wash. — Four Washington sheriffs are suing Gov. Bob Ferguson over a new law that gives an oversight board the authority to remove elected sheriffs from office.
The complaint was filed in Pend Oreille County on Friday by Spokane County Sheriff John Nowels, Pend Oreille County Sheriff Glenn Blakeslee, Stevens County Sheriff Brad Manke and Ferry County Sheriff Ray Maycumber.
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The sheriffs are requesting that the court issue a preliminary injunction to block the state from enforcing the legislation.
The bill requires sheriffs to have five years of full-time law enforcement experience, no felony or gross misdemeanor convictions, be at least 25 years old and have no previous conduct that would have their state certification as a peace officer revoked by the Criminal Justice Training Commission.
If a sheriff loses their certification, they would no longer be allowed to serve in the role. Should a vacancy occur, county officials have the authority to appoint a replacement.
The commission is comprised of 21 members appointed by the governor. The sheriffs argue that under the legislation, the board has an unconstitutional authority to remove an elected representative from office.
As the legislation worked its way through the Legislature, opponents argued it would give the state Criminal Justice Training Commission, which decides on officer certification, too much authority to remove an elected sheriff.
The lawsuit alleges the legislation “does not simply regulate how sheriffs perform their duties.”
“It alters who decides who may seek the office of sheriff, whether a sheriff may take office — and whether a sheriff may remain in office at all,” the lawsuit states.
The Washington Constitution says every public officer elected in the state is subject to recall by a petition from the voters when elected officials are believed to have violated their oath of office. Nowels has alluded to the constitution when he’s spoken about his opposition to the measure in the past, calling it “legislative overreach.”
“Voters should be the only people that have the authority to remove us from office,” Nowels said in a previous interview.
The bill passed the state Senate along party lines, while four Democrats voted with every Republican in the House of Representatives against it. As he signed the legislation on Wednesday, Ferguson said he had “some reservations” about it but said he would work to improve the process in which a sheriff could be removed.
“I’ve had good conversations with the sponsor and other legislators as well about that, and we’ll probably be doing a little work in the interim,” Ferguson said Wednesday. “But the main message today is, this is a great bill.”
Following the bill signing, Ferguson told reporters that he expected the bill to face a legal challenge, and while he takes any legal challenge seriously, “we feel confident that it’s constitutional.”
“I’ve had conversations myself with legal folks about that, among them, the AG,” Ferguson said.
The suit alleges the new law shifts authority from voters and into the hands of the unelected board at the Criminal Justice Training Commission. Most of them are appointed by the governor.
No sheriff candidate could “possibly” know what the board would deny or revoke a certification for because there are no strict guidelines, the lawsuit says.
It also alleges the new law restricts how a sheriff can exercise their “law enforcement authority” by its new certification guidelines.
All four sheriffs are up for election in the May primary. Nowels has said publicly he intends to seek re-election. The group believes they are at risk of losing their positions, the lawsuit says.
After the legislation cleared the state Senate, the Washington State Sheriff’s Association wrote to Ferguson, urging him to veto portions of the legislation and said, as passed, it would allow “a state-level decertification outcome to vacate the office of sheriff.” The association asked the governor to veto the eligibility standards and the path to removal established by the legislation.
Ferguson said Wednesday he had spoken to county sheriffs about the legislation and “I understand their concerns.” However, he said it’s “too soon” to say what changes he’d like to see to the legislation.
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