SH21-027 Resolution - Laserfiche WebLink

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Resolution No. 2021- A resolution addressing executive authority in new section of Title 10 RCW created by ESHB 1054, effective July 25, 2021, regarding use of tear gas WHEREAS, on April 23, 2021, the Washington State Legislature passed Engrossed Substitute House Bill 1054, entitled "AN ACT relating to establishing requirements for tactics and equipment used by peace officers; amending RCW 10.31.040; adding a new chapter to Title 10 RCW; repealing RCW 43.101.226, and providing an expiration date", and WHEREAS, on May 18, 2021, the Governor has signed the above referenced Act, and its effective date is July 25, 2021, and WHEREAS, Section 4 of ESHB 1054 establishes prerequisites the legislature believes to be necessary for a law enforcement agency to satisfy before it may use or authorize its peace officers or other employees to use tear gas in order to ensure its use is necessary to alleviate a present risk of serious harm posed by a riot, barricaded subject, or hostage situation, and WHEREAS, said prerequisites include exhaustion of alternatives to the use of tear gas that are available and appropriate under the circumstances, and obtaining authorization to use tear gas from a supervising officer, who must determine whether the present circumstances warrant the use of tear gas and whether available and appropriate alternatives have been exhausted, and WHEREAS, ESHB 1054 also establishes protocols for use of tear gas such as announcing to the subject or subjects the intent to use tear gas and allow sufficient time and space for the subject or subjects to comply with the officer's or employee's directives, and WHEREAS, in the case of a riot outside of a correctional, jail, or detention facility, the legislation directs that the officer or employee may use tear gas only after receiving authorization from the highest elected official of the jurisdiction in which the tear gas is to be used, and WHEREAS, according to the provisions of the above referenced act, "highest elected official" means the Chair of the Board of County Commissioners in a non -charter county such as Kittitas County, and WHEREAS, Kittitas County owns and the Kittitas County Sheriff operates a jail, and WHEREAS, the Kittitas County Board of County Commissioners, pursuant to RCW 36.32.120(7), has the authority to make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, and WHEREAS, the Kittitas County Board of County Commissioners has the inherent authority to delegate its executive duties as it determines is in the best interests of the county, and Page 1 of 2