Other LanguagesA county sheriff or director of a county department of corrections is not authorized to refuse to accept custody of persons ordered by a court of competent jurisdiction to be confined in a county jail, or to release other prisoners to make room for such persons, for the sole purpose of avoiding overcrowding in violation of State Jail Commission custodial care standards.
A sheriff, as chief law enforcement officer of a county, has the authority to investigate upon his own initiative all felony cases which occur within cities of the third and fourth class in his county.
A road patrolman employed in a dual capacity by the county commissioners and the county sheriff and who was appointed deputy sheriff prior to the effective date of Initiative No. 23 is covered by the provisions of chapter 41.14 RCW, the civil service act for sheriffs.
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.
A county sheriff may not legally adopt and enforce an administrative rule under which no civil service commission member or members would be allowed on the sheriff's department's premises during the course of an inspection or investigation conducted under RCW 41.14.060(3) unless accompanied by a member of the sheriff's staff.
(1) The sheriff as appointing authority under Initiative No. 23 who dismisses a probationer is not required to notify the civil service commission of the basis for the dismissal. (2) A probationer who has been dismissed does not have the right to have his dismissal reviewed by the civil service commission.
(1) A deputy sheriff with a regular commission must be a resident of the county in which he holds such commission. (2) An elected sheriff may not be appointed a regular deputy sheriff in another county; if he is so appointed he is a de facto officer and is not entitled to compensation from the appointing authority.
1. RCW 73.16.010, which provides that veterans shall be preferred for appointment and employment in every public department is not applicable to positions covered by Initiative No. 23. 2. RCW 41.04.010, which provides that veterans shall be given a preference in all competitive examinations for public office, position or employment is applicable to position covered by Initiative No. 23. 3. Either a "newspaper article" or a "paid legal publication" is sufficient to meet one of the requirements of public notice of civil service examination contained in proposed civil service Rule V, § 1.
Even though the statutes relating to duties of a county sheriff do not, themselves, expressly require him to conduct search and rescue operations he may well have a duty to do so either because of his involvement in the county emergency services organization or because a criminal investigation may be called for under the facts of a given case.
A county sheriff is no longer liable for the acts of his deputies who are in the classified service since the enactment of Initiative 23; but he is liable for acts of his deputies who are not in the classified service.