Thurston County Sheriff Derek Sanders has become well known in the community, even beyond the usual standard of an elected official.
Beyond his strong and consistent social media presence while he’s out on patrol with deputies, he often stands out from other law enforcement leaders on his stances on relevant issues of the day, whether they’re local, state or national.
During this year's legislative session, he has weighed in on proposed law enforcement bills and at times broke with other law enforcement officials in his stances.
In the first week of the session, Sanders joined a long list of other sheriffs to oppose a bill that in part would allow an unelected state body more control over the certification and possibly removal of sheriffs and police chiefs.
At the same time, he cut against the grain on another bill that would bar law enforcement from wearing face coverings, with certain exceptions.
He is also interested in a bill that would regulate license plate reading camera systems, but has not come out clearly in favor or against.
These three bills are some of the most closely watched for law enforcement this year. Most, if not all of them, are at least in part a response to a broad federal immigration crackdown; the legislation seeks to manage concerns with accountability and surveillance.
One of the highest profile bills is Senate Bill 5855, which would bar law enforcement in the state of Washington from wearing face coverings, with certain exceptions for things such as gas masks and protective SWAT helmets.
Senate Bill 5974 has drawn lots of attention, especially after highly-viewed testimony from Pierce County Sheriff Keith Swank, who is vehemently against it. That bill raises the criteria for those who wish to be elected sheriff and makes changes to the ways volunteer law enforcement can operate in the state.
Some are concerned it gives the state too much power over locally elected law enforcement leaders.
The third bill that Sanders is watching is legislation that seeks to put guardrails on the use of license plate reading camera systems. Senate Bill 6002 has received support from law enforcement as well as advocate groups, but with opposing requests for changes that could greatly impact the use of the systems in the future.
Senate Bill 5974
On Thursday, Jan. 15, Sanders appeared in front of the Washington state Senate Law and Justice Committee to formally oppose SB 5974. The sheriff joined with many other law enforcement leaders in opposing the bill, citing concerns that it would give an unelected committee too much power over sheriffs and police chiefs, even in some cases allowing them to be removed from office.
That hearing grabbed headlines after Swank testified in what some referred to as a threatening manor. Swank received condemnation from the Washington Law Enforcement Association which, according to Seattle Times reporting, may seek to expel him from the organization. Even so, Swank was not alone in his concerns.
SB 5974 proposes increased requirements to become a sheriff or police chief, including a new minimum age of 25 years old, a minimum of five years in law enforcement, no prior felonies or gross misdemeanors, having Criminal Justice Training Commission certification, maintaining that certification and more. It also bars volunteer law enforcement from many duties, including carrying a firearm.
Sanders, along with some others, supports many of these changes. He said some even come from his own recommendations. But it's the certification rules that have many opposing the bill.
Sanders and his peers shared concerns earlier this month that the rules give unelected officials in charge of certification for law enforcement officers outsized power to unilaterally remove elected law enforcement officials from office.
“I think right now we should be turning to voters more often,” Sanders said. “We should be allowing voters to have more control over their elected officials, and I don't like the sentiment that this bill allows the state to intervene in that process. Give voters more control, not less.”
In an interview roughly a week after his testimony, Sanders expanded on his opposition to the bill and doubled down on his concerns over state overreach in the case of elected sheriffs and police chiefs. He is in strong support of some of the changes made by the bill, including a minimum age requirement and a longer law enforcement experience requirement, but says he cannot support it in its current form.
“I cannot and will not ever support any elected official being removed by a panel of people who were not elected,” Sanders said. “This has nothing to do with the certifying sheriffs who have committed serious misconduct. The rules in the future will be bent to remove the people who are not liked and install the ones who are, and that is not democracy.”
Senate Bill 5855
Senate Bill 5855 is described by legislative staff as a bill concerning the use of facial coverings by members of law enforcement in the state. It comes in direct response to public outcry in Washington state and other parts of the country over a federal immigration crackdown that has seen federal immigration officers use masks to cover their faces to avoid being identified. The bill looks to enforce the new rule by allowing private citizens to sue local state and federal governments if a law enforcement officer wears a mask when not allowed.
The proposed rule change has faced some resistance from law enforcement leaders. The Washington State Association of Sheriffs and Police Chiefs testified, along with others, in a public hearing on the bill looking for more exceptions to the mask restriction. The bill currently makes an exception to the no mask rule for gas masks, SWAT, riot gear and similar equipment.
Sanders did not testify for the bill, but was referenced as a supporter by the chair of the Law and Justice Committee, state Sen. Manka Dhingra, early on in this year's legislative session. Sanders seems to be more personally indifferent to the bill than anything, but also understanding and supportive of those who feel its passage is important. He added candidly in an interview that he was happy to get to take his mask off as the impacts of COVID-19 began to recede and is in no rush to put one back on.
“It basically just clarifies the status quo for us in law enforcement,” Sanders said. “This bill means a lot to a lot of people for a lot of different reasons, and for me and my role, and the role that local law enforcement plays, that has no impact on our operations. We do not wear masks when we drive around and conduct our law enforcement operations.”
Supporters of the bill, including the bill's prime sponsor state Sen. Javier Valdez, D-Seattle, say law enforcement wearing masks contributes to intimidation and spreads fear. Valdez added that the masks can impede accountability for officers that overreach. Those opposed to the bill worry that it will restrict the flexibility of law enforcement and open law enforcement agencies to more lawsuits should they enter a situation that requires a mask and have no exception under state law.
Senate Bill 6002
Sanders has been less vocal on Senate Bill 6002, which seeks to regulate license plate reading cameras, such as the Flock Safety cameras used by Centralia, Chehalis, Napavine and other jurisdictions across the country.
He says if he were to weigh in officially on the bill he would sign in as “other” rather than opposed or in favor. Like many other law enforcement officials, he feels some regulation on the system is necessary to protect privacy, but also hopes the use of the system can be preserved enough for continued use by law enforcement as an investigative tool.
In a brief interview, Sanders echoed some of the requests that others such as Centralia Police Chief Andy Caldwell expressed in a public hearing earlier this month. He said he would like the data to be exempt from public records requests, and he pushed back against the idea that a deputy should be required to have a warrant to use the tool.
“I think that if you require a deputy to get a search warrant every time they want to use the system, you have defeated the purpose, which is quick, instantaneous information that we can respond to immediately,” Sanders said.
For more information and previous reporting on SB 6002, visit https://tinyurl.com/yptb2m6u.
