Despite ‘some reservations,’ Ferguson signs bill establishing new standards for sheriffs

OLYMPIA – Gov. Bob Ferguson said Wednesday he has “some reservations” about legislation that establishes new standards for elected county sheriffs and gives an oversight board authority to remove them from office.

But as he signed the bill into law, he 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. “But the main message today is, this is a great bill.”

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.

The bill passed the state Senate along party lines, while four Democrats voted with every Republican in the House of Representatives against it.

The legislation was sponsored by Sen. John Lovick, D-Mill Creek, who previously served as Snohomish County Sheriff. In a statement on Wednesday, Lovick said the bill was “about accountability.”

“As a former sheriff, I know that trust between law enforcement leaders and the communities they are sworn to protect is built on maintaining the highest standards of professionalism and accountability,” Lovick said. “Under this legislation, our law enforcement leaders will be held to the same standards of conduct which they ask of every other officer in the state.”

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.

“Sheriffs and police chiefs should be held to the same standards as their own officers and deputies,” Ferguson said.

As the legislation worked 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. Spokane County Sheriff John Nowels said Wednesday the legislation and the ability of the unelected board to remove sheriffs “really flies in the face of what our rights as voters are.”

“I think the Constitution is clear that voters put us in office and voters should be the only people that have the authority to remove us from office,” Nowels said. “This legislation severely restricts authorities and responsibilities given to electeds in the county.”

Nowels expressed fear that the legislation could be “weaponized politically.”

“I think that was the intent,” Nowels said. “Weaponization for political gain.”

Nowels, who serves as president of the Washington Association of Sheriffs and Police Chiefs, said during a January committee hearing the legislation will “do very little to hold anybody more accountable than we already are as peace officers in the state of Washington.”

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.

The letter adds that the legislation was a “fundamental change in the balance between administrative oversight and democratic governance.”

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.

Lovick said Wednesday that sheriffs would not be removed from office for political reasons.

“To be clear, no one is decertified for being unpopular,” Lovick said. “It is an apolitical process guided by the clear and objective conduct standards followed by every other officer in our state.”

Spokesman-Review reporter Alexandra Duggan contributed to this report