HomeMy WebLinkAboutRes-2021-106Resolution No. 2021,- tOb
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 23,202I, 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 18,202I, the Governor has signed the above referenced Act, and its effective date is
July 25,202I, and
WHEREAS, Section 4 of ESHB 1-054 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 36.32.1,20(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
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WHEREAS, Kittitas County has adopted a comprehensive emergency management plan in Kittitas County
Code Chapter 2.48 consistent with RCW 38.52.070 which delegates to and authorizes substantial
emergency management authority by the sheriff, and
WHEREAS, in order to avoid unnecessary duplication, confusion, or conflicts among laws, consistent with
the separation of powers and in the interest of good governance, the Kittitas County Board of County
Commissioners clarifies that the duties of the highest elected official in Kittitas County related to law
enforcement are assigned to the sheriff, and
WHEREAS, nothing herein is intended to be contrary to ESHB 1054, and
WHEREAS, the adoption of this resolution is in the best interest of good governance, and
WHEREAS, the Kittitas County Board of County Commissioners further deems it appropriate that this
resolution be effective prior to the effective date of the act.
NOW THEREFORE, the Kittitas County Board of County Commissioners hereby resolves as follows:
L. The foregoing recitals are incorporated herein as findings and conclusions of the Board.
2. Kittitas County hereby assigns the duties of the highest elected official pursuant to ESHB 1054 to the
Kittitas County Sheriff.
3. This resolution shall be effective immediately upon adoption by the Kittitas County Board of County
Commissioners.w day ofADOPTED this
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ATTEST:
CLERK OF THE BOARD
202r.
BOARD OF COUNTY MISSIONERS
K UNTY
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ABSENT
Commissioner
AS TO FORM
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D. R. Mitcheln Clgrk of the Board- Julie Kjorsvik
E/6eputy Clerk of the Board- Mandy Buchholz
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Deputy Prosecuting Attorney