Burnett bill clarifies sheriff authority and strengthens accountability to voters
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Burnett bill clarifies sheriff authority and strengthens accountability to voters
‘Sheriffs are willing to make themselves more accountable than any other elected position but that accountability should remain with the voters, not a political appointee,’ says Burnett
Legislation sponsored by Rep. Brian Burnett, R-Chelan, would clarify the authority of elected sheriffs who are not certified peace officers and ensure voters have a clear path to accountability when a sitting sheriff loses required law enforcement certification.
Burnett, a former Chelan County sheriff, said House Bill 2387 addresses gaps in state law that have created confusion for deputies, counties, and the public about what happens when an elected sheriff cannot legally perform certified law enforcement duties.
“Sheriffs are elected leaders, but they also sit at the top of a professional law enforcement organization,” said Burnett. “This bill makes it clear that if you are not a certified peace officer, you should not personally be performing actions that state law reserves for certified officers. That protects deputies, protects the public, and protects the integrity of the office.”
Under the bill, a sheriff who is not certified may still hold office and exercise the constitutional and legal authority of the position, but may not personally carry out law enforcement actions that require peace officer certification. The legislation also establishes that when a sitting sheriff loses certification for conduct that occurs during their term, that decertification initiates a recall process.
Burnett emphasized that the bill does not allow unelected bodies to remove an elected sheriff from office.
“This does not give a commission or an agency the power to fire a sheriff,” Burnett explained. “Especially an agency that is appointed by the governor. What it does is trigger a process where voters get to decide whether someone who can no longer meet professional standards should continue serving in that role.”
In the most serious cases, where certification is mandatorily revoked after due process, the bill allows a recall election to proceed without the need to collect signatures, recognizing that the underlying facts have already been formally established.
“As a former sheriff, I know how important certification, training, and professional standards are,” Burnett said. “Every deputy is held to those standards, and the person leading the agency should be no different. Sheriffs are willing to make themselves more accountable than any other elected position but that accountability should remain with the voters, not a political appointee.”
House Bill 2387 was referred to the House Community Safety Committee.
The 2026 legislative session began Monday, Jan. 12 and is scheduled to run 60 days.
