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Commissioners request legal review of proposed ordinance on federal law enforcement coordination during local emergencies
Summary
Commissioner Wayne Fournier presented draft ordinance language invoking RCW 38.52 authority to require identification and coordination by federal law enforcement during county-led emergencies. The board directed the county manager to have legal and EMS staff review the proposal and bring it back for consideration.
At a Sept. 3 work session, Commissioner Wayne Fournier asked the Thurston County Board of County Commissioners to direct staff to review a draft ordinance intended to protect continuity of emergency operations by requiring federal law enforcement to identify themselves and coordinate with county incident command during county-declared emergencies.
Fournier described the request as a response to an incident in the Bear Gulch area where, he said, federal agents detained firefighters during an active wildfire response. He told the board the draft ordinance would "protect the continuity of emergency operations, ensure due process for all workers and disaster zones, and require identification coordination by any federal law enforcement operating during county led emergencies."
County leaders said the legal basis cited in the draft is RCW 38.52, the Washington State Emergency Management Act, which assigns certain authorities to local emergency management during declared local emergencies. County Manager Leonard Hernandez and other staff said they would send the draft to legal for review and coordinate with local EMS and the clerk to determine the appropriate adoption process.
Board action and next steps: Commissioners unanimously directed the county manager to coordinate legal review, consult with local emergency medical services and relevant staff, and return the draft ordinance for formal consideration at a future business meeting. Staff indicated the draft would go to legal and then follow the county's standard ordinance adoption process if legal review found it appropriate.
Context and limits: Commissioners and staff stressed that the request applies to actions during county-declared emergencies and that other areas of federal activity remain outside county authority; they asked legal staff to identify the limits and any enforcement implications. The board did not adopt an ordinance at the work session; it authorized further review and coordination.
