Sterk’S Plan Triggers Barb From Senator Politicians, Concealed Weapons Aren’T A Good Mix, State Official Says

A Seattle senator has taken a disliking to Spokane County Sheriff Mark Sterk’s offer to deputize elected county officials.

Sterk made the offer last August so officials could carry concealed weapons past courthouse metal detectors. So far, however, none has taken him up on the offer.

Sen. Darlene Fairley, D-Lake Forest Park, asked the state attorney general’s office for an opinion about the legality of Sterk’s offer. She said she wants to know who would be liable if a commissioned official actually shot someone in or around the courthouse.

Fairley is also considering drafting a bill that would either require more training for those officials who wish to be deputized, or eliminate the possibility altogether.

Sterk said he wanted elected officials to feel protected from cranky citizens who sometimes threaten public figures.

Since no elected officials bring guns to work, Sterk said he doesn’t understand why Fairley is concerned.

“It’s really a moot point because no one’s taking us up on that,” Sterk said.

Fairley, whose father was a Seattle police chief, said the courthouse ought to have enough security to make officials feel safe.

Sterk argued that he isn’t worried about safety inside the courthouse, but is concerned about elected officials who work late hours and have to walk to and from their cars in the dark.

“We have security here in the courthouse,” Sterk said. “It was so they would be allowed to carry guns in on their way from their cars.”

Fairley said she feels vulnerable as a public person as well, but doesn’t believe carrying a gun is the solution.

County Commissioner Phil Harris agreed that potentially dangerous people come along with the job, but he supports a public official’s right to carry a weapon.

“I think she’d be shocked if she started checking her colleagues (and learned) how many of them started carrying guns,” Harris said.

Harris, who declined the opportunity to carry his gun into the courthouse, said having a weapon at work and the training to use it wouldn’t make him feel more protected from angry citizens.

“You can get all of the training you can get. That doesn’t keep a nut from being a nut,” Harris said.

Though no Spokane County elected officials have chosen to be deputized, Fairley said the idea is dangerous and could cost Spokane County time and money if an official ever shot someone.

“You’ve deputized someone with no training,” Fairley said. “That puts them at risk for huge lawsuits.”

Dave Reagan, a public information officer for the sheriff’s office, said commissioned officials must in fact undergo some training.

“We’ve had some concerns too,” Reagan said.

State law prohibits anyone besides law enforcement officials from carrying weapons into a courthouse. Once deputized, Spokane elected officials would be considered commissioned officers.

They must obtain a gun permit, get a renewal every year and learn about trajectory and gun safety, Reagan said.

“We don’t want them leaving it in the courthouse where it can be handled by someone else,” Reagan said.

Reagan said the 100-year-old courthouse has plenty of “weak links” in security, but since the installation of metal detectors four years ago, protecting county employees isn’t one of them.

One problem with the building, Reagan said, is that inmates must be escorted through a public space from the jail to the courtroom for their trials.

“We put the best system in place that we can afford, and that’s the best that we can have,” Reagan said.

Jeffrey Even, assistant attorney general, looked into some questions Fairley had about whether it’s legal for Sterk to deputize elected officials, and who is liable if they use their weapons.

Even’s opinion is that the law allows sheriffs to commission deputies in order to carry out the duties of his office. And if something goes wrong, Even said, the county will most likely have to pay.

He cited a past case involving a deputized city police officer in Kitsap County. While off-duty from his job as a city policeman, the officer used his deputy privileges to help out another county deputy. While the two were working, the city policeman shot the other deputy, injuring him.

The wounded deputy sued the officer as well as the county, claiming the county was responsible for the city police officer while he was working as a deputy. The court ruled the county liable because the police officer was acting as an employee of the county at the time of the shooting.

From this and other deputy-related cases, Even concluded: “If the person is acting ostensibly for the county, then there probably is a liability issue.”

Fairley said that risk is one no county should be willing to take.

After considering her busy schedule for the Legislature and the fact that no Spokane officials have taken Sterk’s offer, Fairley said she will most likely hold off on any legislation until later this session or next year.

“I have so many bills this session,” Fairley said. “This is something we’re hanging loose on.”