OFFICES AND OFFICERS - CITY - POLICE - COUNTY - SHERIFF - LAW ENFORCEMENT - COMMUNICATIONS
RECORDING OF EMERGENCY PHONE CALLS TO A POLICE AGENCY (1) Under the provisions of chapter 9.73 RCW, the "incoming phone calls" exception in RCW 9.73.090(1)(a) does permit a police agency to record those incoming calls which are not of an "emergency" nature(2) Assuming the foregoing, however, care must be taken in applying the "incoming phone calls" exception in RCW 9.73.090(1)(a) where the call is received by a police agent who has deliberately induced a criminal suspect, not yet arrested or formally charged, to make an incoming call to the police agency; there, wherever the spirit or the letter of the statute dictates taped mutual consent or judicial authorization prior to recording a telephone conversation with a criminal suspect, the "incoming calls" exception could well be held inapplicable even if single party consent is present.(3) The several statutory exceptions to the Privacy Act set forth in RCW 9.73.030(2), RCW 9.73.090(1)(a), RCW 9.73.090(1)(b) and RCW 9.73.090(2) do not overlap each other in such a way as to render any such exception(s) totally duplicative of another and therefore unnecessary and superfluous.
OFFICES AND OFFICERS - CITY - POLICE - AUTHORITY OF OFFICER TO ARREST WITHIN CITY WITH ARREST WARRANT ISSUED BY SEATTLE MUNICIPAL COURT FOR VIOLATION OF SEATTLE ORDINANCES AND ACCEPTING BAIL IN CASH OR CHECK
OFFICES AND OFFICERS ‑- CITY ‑- POLICE ‑- AUTHORITY OF OFFICER TO ARREST WITHIN CITY WITH ARREST WARRANT ISSUED BY SEATTLE MUNICIPAL COURT FOR VIOLATION OF SEATTLE ORDINANCES AND ACCEPTING BAIL IN... (1) An officer of the Seattle police department may not arrest a person within another city under authority of an arrest warrant issued by the Seattle city municipal court charging violation of Seattle ordinances (parking violations).(2) Such officer may not accept bail either in cash or by check in lieu of returning the person named in the warrant to Seattle.(3) A sheriff or his deputy from one county, without a warrant, may not enter another county and arrest a person for a felony offense previously committed in his county except where specifically authorized by statute, unless he is exercising the authority of a private individual in effecting such an arrest.
COURTS - JUSTICE - ARREST - WARRANTS - CITIES AND TOWNS - POLICE - EXECUTION OF WARRANT
COURTS ‑- JUSTICE ‑- ARREST ‑- WARRANTS ‑- CITIES AND TOWNS ‑- POLICE ‑- EXECUTION OF WARRANT A municipal peace officer may not execute a warrant issued by a municipal court under RCW 3.50.180 outside of the territorial boundaries of the peace officer's municipality.
COURTS - POLICE - VIOLATION OF STATE MOTOR VEHICLE CODE - JURY TRIAL
COURTS ‑- POLICE ‑- VIOLATION OF STATE MOTOR VEHICLE CODE ‑- JURY TRIAL A person charged with a criminal violation of the state motor vehicle code before a police court judge who is not also a justice of the peace in a second class city does not have a constitutional right to a trial by jury in that court but said right is insured on appeal to the superior court where a jury de novo trial may be demanded.
COUNTIES - CITIES AND TOWNS - CIVIL SERVICE - SHERIFF - POLICE
Seniority status of city police officer transferring to county sheriff's office RCW 41.14.260 provides that a city police officer transferring to a county sheriff's office pursuant to RCW 41.14.250 shall have the same rights, benefits and privileges as the officer would have been entitled to if the officer had been a member of the sheriff's office since the beginning of the officer's employment with the city. Pursuant to this statute, the officer's seniority is determined by the date of the officer's original hire with the city.
TAXATION - PROPERTY - PENSIIONS - RETIREMENT - POLICE - FIREMEN - LEOFF
TAXATION ‑- PROPERTY ‑- PENSIIONS ‑- RETIREMENT ‑- POLICE ‑- FIREMEN ‑- LEOFF ‑- PROPERTY TAXES FOR FIREMEN'S PENSION FUND (1) RCW 41.26.040(3) does not prohibit a city or town from using property tax revenues obtained under RCW 41.16.060 for municipal purposes other than the funding of firemen's pensions in those cases where such other uses are permitted by the terms of the latter statute. (2) A municipality which first created a full time, paid fire department after March 1, 1970, the date upon which the LEOFF system became operative, is not authorized to levy the additional property tax provided for in RCW 41.16.060.
PUBLIC DISCLOSURE LAW - POLICE - AUTOMOBILES
Public disclosure status of vehicle accident investigation reports prepared by law enforcement officers When a law enforcement officer prepares and files a vehicle accident report pursuant to RCW 46.52.030 and/or .070, such a report is not rendered automatically confidential by RCW 46.52.080 and is subject to public inspection and copying, except to the extent some other exemption wholly or partially applies to the record in question.
CITIES AND TOWNS - POLICE - CIVIL SERVICE COMMISSION
AUTHORITY TO INVESTIGATE PERFORMANCE OF INDIVIDUAL OFFICER A police civil service commission does not have statutory authority under chapter 41.12 RCW to investigate allegations of misconduct in the performance of police duties made by a citizen against an individual police officer.
CITIES AND TOWNS - CIVIL SERVICE - POLICE - CITY CHARTER
APPEAL RIGHT OF CITY POLICE EMPLOYEE FOR SUSPENSION OF LESS THAN FIVE DAYS A city civil service system for city police provided by charter does not substantially accomplish the purpose of chapter 41.12 RCW if it does not provide for any appeal in the case of an employee suspended for less than five days.
PENSIONS - POLICE - RETIREMENT - CITIES AND TOWNS - LAW ENFORCEMENT OFFICERS
Change in Pension of Retired Member RCW 41.20.050 and .060 provide that a retired police officer will receive a pension equal to 50 percent of the amount of salary at any time attached to the position held at the date of retirement. If a city creates a new step in its civil service classification and advances all officers at the next lower step to the new step, an officer who retired at that next lower step will receive a pension equal to 50 percent of the salary attached to the new step.
PENSIONS - POLICE - FIRST CLASS CITIES - COMPUTATION OF PENSION FOR CERTAIN POLICE WIDOWS
PENSIONS - POLICE - FIRST CLASS CITIES - COMPUTATION OF PENSION FOR CERTAIN POLICE WIDOWS (1) The proviso contained in the second paragraph of § 1, chapter 140, Laws of 1961 (RCW 41.20.085), which requires certain police widows' pensions to be reduced by the amount being received by the recipient "under social security or any other pension grant" applies only against the special pension of $150 per month for those surviving spouses not otherwise qualified for a pension under § 2, chapter 78, Laws of 1959, and does not require offsetting social security or any other pension grant against the general pension provided for by the 1959 act, as amended. (2) In the case of a surviving spouse who is in receipt of a pension to which the "offset" proviso is applicable, all social security and all other pension benefits that the surviving spouse is receiving, whether in her own right or as a survivor, must be offset against the amount of the pension.
CITIES - CIVIL SERVICE - POLICE - FIREFIGHTERS
CITIES ‑- FIREFIGHTERS ‑- POLICE ‑- CIVIL SERVICE Because of RCW 41.08.040 and RCW 41.12.040, the secretary/chief examiner of a civil service commission created under chapter 41.08 or chapter 41.12 RCW must be either an existing employee of the city or a city resident; these provisions were left undisturbed when the current versions of RCW 41.08.075 and 41.12.075 were enacted.
CITIES AND TOWNS - COUNTIES - SHERIFF - POLICE - PUBLIC EMPLOYMENT
Transfer rights of sheriff's employees laid off as a result of formation of police department in city incoporated before enactment of statutes granting transfer rights RCW 35.13.360 through .400 do not entitle sheriff's employees to transfer to the police department of a city which, having incorporated prior to the effective date of those statutes, but having contracted with the county for law enforcement services for several years, then (subsequent to the enactment of the statutes) forms its own police department.
CITIES AND TOWNS - POLICE - SICK AND DISABILITY BENEFITS - ELIGIBILITY
CITIES AND TOWNS ‑- POLICE ‑- SICK AND DISABILITY BENEFITS ‑- ELIGIBILITY A policeman who is incapacitated for any reason, either from sickness or disability, except when the incapacity results from his own dissipation or abuse, or when it results while engaged for compensation in outside work not of a police nature, is eligible for benefits under the police pension act of full salary for a period not exceeding six months when the incapacity necessitates confinement requiring nursing, care or attention, or of half salary when it does not, or where the confinement continues after six months. The determination is a factual one to be made by the police pension board.
OFFICES AND OFFICERS - STATE - CRIMINAL JUSTICE TRAINING COMMISSION - POLICE
MINIMUM STANDARDS OF FITNESS FOR LAW ENFORCEMENT PERSONNEL Consideration of questions regarding the legal authority of the Washington Criminal Justice Training Commission to adopt certain proposed regulations establishing minimum standards of mental, physical and moral fitness for appointment to various state and local law enforcement positions.
PENSIONS - RETIREMENT - CITIES AND TOWNS - POLICE - FIREMEN - LEOFF
USE OF MUNICIPAL FIREMEN'S PENSION FUND (1) Monies in a prior municipal firemen's pension fund may now lawfully be used for the payment of service retirement, disability retirement and other pension benefits to qualified members of the former paid firemen's pension system and, as well, for the payment of hospitalization costs and other medical expenses incurred by firefighters covered by the Law Enforcement Officers' and Fire Fighters' System Plan I.
CRIMES - ARREST - POLICE - RECORDING SOUNDS INCIDENT TO ISSUANCE OF CITATIONS
CRIMES ‑- ARREST ‑- POLICE ‑- RECORDING SOUNDS INCIDENT TO ISSUANCE OF CITATIONS
(1) Mere sounds, as distinguished from verbal conversation, occurring in connection with an event where a police officer is issuing a citation to a citizen on a public street do not constitute "private conversations" within the meaning of RCW 9.73.030(2).
(2) Verbal conversations occurring in connection with such an event may fall within the scope of a "private conversation" depending upon whether the factual circumstances are such as to indicate that at least one of the conversants reasonably intended that the conversation was to be for the ears of the participants only.
(3) The fact that the parties to a "private conversation" are aware that such conversation is being recorded does not constitute "consent" for the purposes of RCW 9.73.030(2) except to the limited extent provided for therein with respect to certain recordings by the news media.