Revised Code of Washington
Chapter 43.102 - Office of Independent Investigations.
43.102.060 - Personnel.

RCW 43.102.060
Personnel.

(1) The director may employ, or enter into contracts with, personnel as he or she determines necessary for the proper discharge of his or her duties. The director must request input from the advisory board on the hiring process and hiring goals, including diversity.
(2) The director may employ, or enter into contracts with, investigators to conduct investigations of cases under the jurisdiction of the office.
(a) The director shall consider the relevant experience and qualifications of the candidate including the extent to which he or she demonstrates experience or understanding of the following areas:
(i) Extensive experience with criminal investigations, including homicide investigations;
(ii) Behavioral health issues;
(iii) Youth cognitive development;
(iv) Trauma-informed interviewing;
(v) De-escalation techniques and utilization; and
(vi) Knowledge of Washington practices, including laws, policies, and procedures related to criminal law, criminal investigations, and policing.
(b) The director shall consider the following prior to employing an investigator:
(i) The investigators should not be commissioned law enforcement officers employed with any law enforcement agency as a peace officer at the time of application with the office.
(A) If the individual considered for a position as an investigator was a prior law enforcement officer, the director must conduct a review of prior disciplinary actions or complaints related to bias.
(B) The individual should not have been a commissioned law enforcement officer within 24 months of the date of the application for service as an investigator; and
(ii) The results of a background check that includes research of social media and affiliations to check for racial bias and conflicts of interest.
(c) Investigators employed or contracted with the office are prohibited from being simultaneously employed, commissioned, or have any business relationship, other than through the work of the office, with a general authority or limited authority Washington law enforcement agency, or county or city corrections agency.
(d) The director may not employ an individual who was a previously commissioned law enforcement officer who does not meet the criteria of this section without the approval of a majority of the advisory board.
(3) The director may employ or enter into contracts for services to provide additional personnel as needed to conduct investigations of cases under the jurisdiction of the office including, but not limited to, the following:
(a) Forensic services and crime scene investigators;
(b) Liaisons for community, family, and relations with a federally recognized tribe;
(c) Analysts, including analysts to conduct evaluations on use of force data;
(d) Mental health experts;
(e) Bilingual staff, translators, or interpreters;
(f) Other experts as needed; and
(g) All staffing and other needs for the office.
(4) The director shall ensure the following training is provided to staff and that there is a regular schedule for additional trainings during the course of employment:
(a) The director shall ensure that the director and staff involved in investigations, including any contracted investigators, engage in trainings that include the following areas. A training may include more than one of the following areas per training. A separate training course is not required for each topic.
(i) History of racism in policing, including tribal sovereignty and history of Native Americans within the justice system;
(ii) Implicit and explicit bias training;
(iii) Intercultural competency;
(iv) The use of a racial equity lens in conducting the work of the office;
(v) Antiracism training; and
(vi) Undoing institutional racism.
(b) The director shall ensure that investigators engage in the following training. A training may include more than one of the following areas per training. A separate training course is not required for each topic.
(i) Criminal investigations, including homicide investigations as appropriate for the assigned positions;
(ii) Washington practices, including Washington laws and policies, as well as relevant policing practices as appropriate;
(iii) Interviewing techniques; and
(iv) Other relevant trainings as needed.

[ 2021 c 318 § 305.]
NOTES:

Finding—Intent—2021 c 318: See note following RCW 43.102.020.