Office Of Independent Investigations Bill Passes WA House

OLYMPIA, WA — Washington's top lawmakers are debating the creation of a new agency, one which would independently investigate deadly uses of force by the state's law enforcement officers.

On Wednesday, House Bill 1267 passed the House on a vote of 57-39. If approved by the Senate, the bill would create the Office of Independent Investigations — an agency serving under the governor, comprised of non-law enforcement personnel and tasked solely with reviewing incidents in which police kill civilians.

HB 1267 requires the new team be trained on several pertinent issues, including:

• The history of racism in policing.
• Tribal sovereignty and the history of Native Americans within the justice system
• Implicit and explicit bias.
• Racial equity.
• Antiracism and how to undo institutional racism.

Otherwise, it would not change how use of force investigations are performed, only who is in charge of performing them.

Gov. Jay Inslee requested the bill on behalf of his Task Force on Independent Investigations of Police Use of Force. Inslee created the task force in response to last summer's national reckoning with police brutality and racism. They met 12 times over the last six months, and ultimately recommended the creation of a new, fully separate agency, setting the grounds for HB 1267.

They and others like HB 1267 co-sponsor David Hackney (D-Seattle) say a new agency is necessary to address significant police accountability issues in Washington state.

"After a long summer of protests, communities all over this great country sent a message that investigations of police-involved uses of deadly force have not been conducted independently or competently," Hackney said.

In November 2018, voters passed Initiative 940, which required investigations on use of deadly force be conducted by independent law enforcement agencies. Before, police departments had been allowed to investigate their own officers, which critics argued allowed those departments too much power to sweep misconduct under the rug.

However, HB 1267 sponsor Rep. Debra Entenman (D-Kent) says I-940 hasn't been enough to keep these investigations fair and transparent.

"We simply cannot have police investigating police," Entenman said. "Creating the Office of Independent Investigation is a bold step that will begin to rebuild trust between the community and law enforcement.”

Entenman also points to a recent inquiry by the Attorney General's Office. The AG's office studied 18 incidents from the first half of 2020. In each, police had been tasked with investigating other agencies and their officer's use of deadly force. Of those 18, just five investigations fully complied with I-940.

Two agencies, the Pierce County Sheriff's Department and Region III Critical Incident Investigation Team, even refused to cooperate with the Attorney General's Office, preventing them from fully completing the inquiry.

“Unnecessary police violence and a complete lack of accountability for that violence has eroded the community’s trust in law enforcement,” said Entenman.

House Democrats note that the bill passed exactly one year after the death of Manuel Ellis. Ellis was killed by Tacoma police on March 3, 2020. The investigation into the use of force that killed Ellis has yet to be resolved, in part because the Pierce County Sheriff's Department did not follow I-940's legal requirements during their investigation. After working the case for several months, it was found the sheriff's department had not provided a liaison for Ellis' family as required by law, and had not disclosed they had a deputy on scene, meaning their investigation was not legally independent.

Read more: 1 Year Since Manuel Ellis' Death, Local Leaders Call For Closure

The sheriff's department's failure caused a significant uproar at the time, including a sharp rebuke from Tacoma Mayor Victoria Woodards.

Woodards has recently expressed her support for House Bill 1267 as a way to bring closure to her community. She released a statement on the issue Friday, reading in part:

"In the wake of the tragic death of Mr. Manuel Ellis in Tacoma Police custody one year ago, I heard our community’s frustration and lack of trust in the investigation process. It became clear that keeping deadly use of force investigations at the local level would not serve the public interest ... I have been honored to support the efforts of legislative leadership and the many community members and families of individuals impacted by deadly use of force by police. I am committed to working to advance this crucial legislation as it is considered in the Senate."

For more context on Ellis' death and police violence in Tacoma specifically, check this article from the Tacoma News Tribune studying how Tacoma police used force 657 times over the past five years, killing 8 and injuring more than 200 people.