Commission reviews proposed WAC 139.12 edits intended to clarify independent-investigation roles
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Summary
Commission staff briefed commissioners on proposed edits to WAC 139.12 to align with RCW guidance and state-auditor recommendations; commissioners discussed practical implications including a nonbinding 'should' recommending officers avoid full uniform during death notifications.
Commission staff presented proposed updates to WAC 139.12, the Washington Administrative Code chapter that guides independent-investigation practices, and answered commissioners’ questions about specific language and audit recommendations.
Lacey Ledford, legislative liaison and roles coordinator, summarized stakeholder outreach and the ad hoc commissioners' review process. Staff said the last comprehensive update to the WAC was in 2012 and that the new draft incorporates recommendations from the state auditor and clarifies roles for independent-investigation teams and their interactions with the Office of Independent Investigations.
Program manager Alex Spice summarized the statutory drivers staff used in drafting the changes and said the updates split and reorganized prior language to improve clarity for investigators and auditing authorities. He emphasized the draft is not a final rulemaking package; today’s briefing was informational to identify and resolve concerns before the formal hearing period.
Commissioners focused on several operationally sensitive points. One example drew extended discussion: a proposed recommendation that the officer making an in-person death notification “should wear clothing other than their duty uniform.” Commissioners noted the recommendation is framed as guidance (a “should”) not a mandate and discussed officer safety and practicality for smaller agencies that may need to travel long distances to make notifications. Several commissioners, including family-members and impacted-person representatives, supported the guidance as a trauma-informed best practice; others warned about safety and logistics in rural jurisdictions.
Staff confirmed cross-references to RCW language will be retained via links rather than duplicating statutory definitions in the WAC and that final language may remain guidance-oriented where practicable. The Commission asked staff to continue outreach and to bring a revised draft back for the formal hearing in June.
No final rule was adopted during this meeting; staff will incorporate feedback from today’s discussion and the ad hoc committee review before the public hearing stage.