Section 139-06-030 - Investigative authority and duty to cooperate(1) Except when otherwise required by RCW 43.101.105(2) or (3), the commission has authority to undertake an investigation regardless of the status of any administrative or criminal investigations into the matter by other agencies.(2) An agency shall cooperate in any investigation conducted by the commission regarding a certified officer's certification status. This includes providing records and information when requested.(a) Upon receipt of a request an agency has 30 days to provide requested records.(b) If the totality of the circumstances supports a conclusion that a certified officer resigned or retired in anticipation of discipline, then the agency who employed the officer at the time of the misconduct shall timely conduct and complete an investigation and provide all relevant information to the commission in accordance with WAC 139-06-020(4) and as if the certified officer were still employed by the agency.(3) A certified officer must authorize the release of their personnel file to the employing agency and the commission including disciplinary, termination, civil or criminal investigation, and other records and information directly related to a certification before the commission under RCW 43.101.095 and 43.101.105.(4) Requests from the commission for records under chapter 43.101 RCW are not subject to any exemptions, redactions, waiting periods, or timelines associated with the Public Records Act, chapter 42.56 RCW.(5) A certified officer must also consent to and facilitate a review of the certified officer's social media accounts when relevant to an investigation brought before the commission pursuant to RCW 43.101.095(4). (a) The certified officer is not required to provide login information pursuant to RCW 49.44.200.(b) The release of records and information may not be delayed, limited, or precluded by any agreement or contract between the certified officer or the certified officer's union and the entity responsible for the records and information.(6) An employing agency may not enter into any agreement or contract with a certified officer or union that: (a) Agrees not to report conduct or to delay reporting or to preclude disclosure of any relevant records and information to the commission, including any promise not to inform the commission that the certified officer may have committed misconduct in exchange for allowing a certified officer to resign or retire or for any other reason; or(b) Allows the agency to destroy or remove any personnel record while the certified officer is employed and for 10 years thereafter. Such records must include all misconduct and equal employment opportunity complaints, progressive discipline imposed including written reprimands, supervisor coaching, suspensions, involuntary transfers, investigatory files, and other disciplinary appeals and litigation records.Wash. Admin. Code § 139-06-030
Amended by WSR 22-13-075, Filed 6/9/2022, effective 7/10/2022Amended by WSR 23-01-086, Filed 12/16/2022, effective 1/16/2023Statutory Authority: RCW 43.101.080. 03-02-010, §139-06-030, filed 12/20/02, effective 1/20/03.