Requirements and Options for Provision of Police & Law Enforcement Services in Cities and Towns

Requirements

State law does not contain many specific requirements regarding the level of law enforcement services to be provided by Washington cities and towns.

Code cities are required to appoint a chief law enforcement officer (RCW 35A.12.020). Towns are required to appoint a town marshal (RCW 35.27.070) and the town police department must be under the direction and control of the town marshal. Second class cities are required to appoint a police chief (RCW 35.23.021) and the city police department must be under the control and direction of the chief of police (subject to the direction of the mayor or city manager).

Neither the state constitution nor state law mandates a specific number of law enforcement officers or level of law enforcement services. This is primarily a policy decision for the city or town council or commission to determine.

If a city or town has more than two full-time law enforcement officers, including the chief of police, it is required by state law to establish a police civil service system, unless it has provided for civil service in the police department by a system which substantially accomplishes the purposes of the state provisions contained in Chapter 41.12 RCW. Those cities that have six or more full-time officers may exclude the police chief from civil service coverage and an additional number of positions depending on the total number of department personnel. RCW 41.12.050.

Service Delivery Options

A city or town may provide law enforcement protection in a number of different ways. One way is to establish a municipal police department under the direction of a locally appointed police chief or marshal. Another is to enter into a contractual arrangement with another jurisdiction to provide law enforcement services. Many cities and towns contract with the county for police services. A city or town can also contract with a neighboring city or town for police services. The level of service and cost must be negotiated between the jurisdictions. If a city or town contracts for police protection, then it is not necessary to appoint a city employee or officer to serve as chief law enforcement officer. Rather, one of the officers from the jurisdiction being contracted with can serve in that capacity.

Mutual Aid Agreements

The Interlocal Cooperation Act, chapter 39.34 RCW, and the Washington Mutual Aid Peace Officers Powers Act, chapter 10.93 RCW, authorizes for law enforcement agency to contract with any other law enforcement agency to provide mutual law enforcement assistance. Many municipalities enter into such contracts with other cities, the county, or the state patrol. Many jurisdictions in this state have such contracts to provide back-up assistance in emergency situations.

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