Does Pierce County Sheriff’s Department need civilian oversight? It’s under consideration
Pierce County is considering the formation of a Civilian Review Board to ensure the Sheriff’s Department completes investigations involving deputies fairly and accurately.
A vote to form the board was tabled indefinitely May 8 amid ongoing negotiations with collective bargaining units within the Sheriff’s Department, Pierce County Council Chair Ryan Mello told The News Tribune on Monday.
Although details are subject to change, the preliminary vision for the Civilian Review Board calls for five volunteer members appointed by the Pierce County Executive and confirmed by the County Council, according to the agenda packet. The board would have a chair, annually elected by members, and a full-time paid director appointed by the executive and approved by the council.
The main goal would be to build public trust by having another set of eyes ensuring the Sheriff Department’s internal investigations are thorough, timely and objective, Mello said.
Sheriff Ed Troyer said last month he was not against the concept but hinted giving such a board too much power could hurt his department’s ability to hire and retain deputies.
“The word ‘oversight’ is a little dangerous because that makes it sound like there’s a problem and we need oversight,” Troyer said during a May 8 meeting of the council’s Public Safety Committee. “If it gets too ‘oversighty,’ for lack of a better term, or people feel that way, we’ll probably see a lot of early retirements and less people trying to apply for this job.”
Efforts to reach officials with the deputies’ union were not immediately successful.
The Civilian Review Board wouldn’t have the authority to conduct investigations or discipline officers for misconduct, Mello said. Instead, it would make recommendations about policies and training and have access to internal affairs investigations, he said.
Under the initial framework, all complaints alleging inappropriate use of force or serious misconduct filed with the Sheriff’s Department would be shared within a week, according to council documents. The board would have access to completed internal affairs investigations and relevant materials, including complaints, police reports, body- and dash-camera recordings, as well as 911 calls.
Annual reports of the board would be made public and include the number, percentage and nature of all complaints received, the resolution of those complaints, and any patterns or trends that could inform policy and improve practices, according to staff reports.
How are complaints investigated now?
The existing system for investigating complaints over use of force, discrimination and harassment is not subject to independent review, according to a staff report sent to the council.
Currently, the Pierce County Sheriff’s Department Board of Professional Standards investigates and reviews every accidental or intentional discharge of a firearm but does not have the authority to recommend discipline, according to the staff report. If the board finds an employee’s actions were in violation of department policy or procedure, the information is referred to the Pierce County Sheriff’s Department Internal Affairs Unit for a formal investigation within the department’s personnel complaint process.
The Internal Affairs Unit investigates serious, formal complaints, including excessive force, criminal acts, civil litigation, complaints of racial, sexual or other harassment, cases of high public interest or cases the sheriff might otherwise direct.
From 2016 to 2021, the Sheriff’s Department reported that it received 606 complaints. Of the 384 complaints the Internal Affairs Unit investigated, 4 percent, or 17 complaints, were found to be sustained.
In 2022 the department received 175 complaints. Internal Affairs investigated 115 complaints, and two were sustained. As of May 8 this year, there were four complaints under review.
“Most officers are doing great work with integrity every single day on the streets of Pierce County,” Mello said. “The public absolutely must have the utmost trust and confidence in the delivery of those charged with protecting our civil rights. That’s what this is all about.”
Criminal justice, civil rights focus
According to the May 8 proposal, members of the Civilian Review Board must have qualifications, like criminal justice and civil rights experience, be residents of Pierce County and have an understanding of the gender, race and ethnic diversity of Pierce County.
The director must have criminal justice and civil rights experience, successfully pass a background check and obtain Criminal Justice Information Services certification. They must not have been employed by a law enforcement agency in the past five years, nor have an immediate family member who is employed or has been employed by a law enforcement agency in the past five years, according to the proposal.
“We want the folks serving on the board to have some background in the subject matter that they’re overseeing,” Mello said.
The concept of citizen-appointed commissions to oversee public safety departments isn’t new but has been more common in recent years, he said. The Pierce County Council is looking at a variety of models nationwide, including Spokane’s ombudsman office model that provides civilian oversight of misconduct claims, Mello said.
“We have nothing to hide. And that’s why I’ve supported this,” Troyer during the May 8 public safety meeting. “We police our own house very well.”
Troyer said the department has “a proven track record” of investigating complaints and have been told they’re “sometimes too heavy handed” when it comes to discipline.
Hiring and retaining officers is a struggle for the department, “so anything that’s going to hurt our hiring ability, or anything that’s going to hurt our retention, we would try and not go down that path at this particular time,” he said.
