Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1989 NO. 2 >

WAC 139-05-200 is unenforceable insofar as it purports to require commissioned law enforcement personnel employed before January 1, 1978, to complete a 440-hour basic law enforcement academy if they experience an interruption of employment in excess of 90 days.

AGO 1974 NO. 5 >

In view of the enactment of chapter 181, Laws of 1973, 1st Ex. Sess., establishing a $300 per month minimum with respect to the pensions payable to certain retired municipal firemen and law enforcement officers and their survivors, this figure now constitutes the minimum basis to be used in computing the annual two percent cost of living pension increases provided for in RCW 41.16.145, RCW 41.18.104, and RCW 41.26.250.

AGO 1999 NO. 6 >

There is no statute barring a person over 18 years of age but less than 21 years of age from serving as a law enforcement officer, a prison guard, a firefighter, or a paramedic, provided that the person otherwise meets all qualifications for the job in question.

AGO 2009 NO. 7 >

1.      Community corrections officers, corrections officers, and other Department of Corrections employees who qualify as limited authority Washington peace officers are exempt from the prohibition against carrying a concealed pistol without a license to the extent that they are authorized to do so by the Department in order to carry out the law enforcement duties the Department authorizes them to perform.  2.      Limited authority Washington peace officers who have retired are not authorized to carry a concealed pistol without a license.

AGO 2006 NO. 15 >

1.  Corrections officers may carry concealed pistols without obtaining a concealed weapon permit if they meet the statutory definition of a law enforcement officer and are authorized by the Department of Corrections to carry a concealed weapon.  2.  Under RCW 10.93.020(4), corrections officers are limited authority Washington peace officers if they meet the requirements set forth in that statute.  3.  Corrections officers who meet the definition of “limited authority Washington peace officers” under RCW 10.93.020(4) are “law enforcement officers” for the purposes of RCW 9.41, but not necessarily for other purposes.

AGO 1991 NO. 18 >

RCW 41.26.470(2) provides that a disabled member who has recovered from an incapacitating disability, shall be restored to duty.  The Criminal Justice Training Commission may not require law enforcement officers to obtain basic training pursuant to WAC 139-05-200(2)(c)(iii), as a condition of reemployment, when these officers have had a break or interruption in service due solely to disability under RCW 41.26.470.

AGO 1992 NO. 24 >

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.

AGO 1959 NO. 88 >

A law enforcement officer has no authority, either statutory or common law, to stop a motorist for the sole purpose of determining whether the motorist has a valid operator's license on his person.