Domestic Violence Accusation Policy

Thank you for your interest in obtaining public records held by the King County Sheriff’s Office. Your request has been received and is being processed. Your request was received in this office on January 31, 2023 and given the reference number P090628-013123 for tracking purposes.

Within five business days (excluding holidays) after receiving your request, we will:


* Provide the record(s);
* Or Acknowledge your request and give you a reasonable estimate of how long it will take to respond;
* Or Deny the request in writing, stating the reasons for the denial (this could also include a denial of part of your request and a granting of the remainder).
Record(s) Requested: To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

1. I am formally requesting to receive any and all of the policies that pertain to officers that are accused of, have been charged with, and/or convicted of either misdemeanor or felony domestic violence/assault.

2. Any and all policies or rules that pertain to the officers requirements to self-report and also disciplinary actions if there is a failure to report.

3. All policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order(DVPO) and the effects of that order directly related to the officers duties and abilities to continue work during a DVPO.

4. All policies related to officers use of excessive or unnecessary use of force.

5. Policies relating to any acts in violation of directives, rules, policies or procedures and subsequent disciplinary actions.

6. All policies or rules mandating required self-reporting of incidents while on duty.

7. All policies or rules mandating required self-reporting of incidents while not on duty.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

TIMOTHY JENKINS

Upload documents directly: https://www.muckrock.com/

Once the records have been collected, we will notify you of any copying charges. Any records or portion of records that are exempt from disclosure will be withheld or redacted. We will specify the exemption that applies to any documents withheld or redactions made.


You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the King County Sheriff’s Office online request system.

King County Sheriff’s Office | Public Disclosure Unit

(206) 263-2103 | www.kingcounty.gov/sheriff

--- Please respond above this line ---
Subject: Public Disclosure Request Reference #P090628-013123 Thank you for your request made via the King County Sheriff’s Office (KCSO) Online Request System on January 31, 2023. You requested:
“To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

1. I am formally requesting to receive any and all of the policies that pertain to officers that are accused of, have been charged with, and/or convicted of either misdemeanor or felony domestic violence/assault.

2. Any and all policies or rules that pertain to the officers requirements to self-report and also disciplinary actions if there is a failure to report.

3. All policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order(DVPO) and the effects of that order directly related to the officers duties and abilities to continue work during a DVPO.

4. All policies related to officers use of excessive or unnecessary use of force.

5. Policies relating to any acts in violation of directives, rules, policies or procedures and subsequent disciplinary actions.

6. All policies or rules mandating required self-reporting of incidents while on duty.

7. All policies or rules mandating required self-reporting of incidents while not on duty.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

TIMOTHY JENKINS

Upload documents directly: https://www.muckrock.com/
Based on the verbiage of your request, our General Orders Manual (GOM) contains all the related policies sought, and can be viewed at the following site: https://kingcounty.gov/depts/sheriff/about-us/manual.aspx
Specific to your request, Chapters 3 & 6 are most applicable to the policies which you are seeking information on. If after reviewing this GOM, you find there are any policies not covered or contained herein, please let us know as soon as possible. If we do not hear from you by March 8, 2023, we will consider your request completed, and close your request as such. Your request is subject to fees as allowed under King County Ordinance 18949 and the Public Records Act, RCW 42.56.120 . Please visit our website and select "What is the cost to obtain records" for more information. Once we have determined the scope of your request and responsive records, we may provide an estimate for fees requiring 10% down prior to processing your request. PLEASE NOTE: Per RCW 42.56.120(4), the KCSO reserves the right to close a records request after 30 days if a requester does not inspect, view, download, and/or pick up the records we provide. There is no obligation for us to continue producing records that are not being collected by a requester.
RCW 42.56.120(4) states that if an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request.
WAC 44-14-04006(1) states that a records request has been fulfilled and can be closed if an entirely unclear request has not been clarified, a request or installment has not been claimed or reviewed, or the requester cancels the request. Please reply to this message or log in to the Online Request System if you have any questions or would like to clarify or cancel this request.
Sincerely, Sakilyne Kally | P/P Manager II | Public Disclosure Unit 206-263-2637 | www.kingcounty.gov/sheriff

--- Please respond above this line ---
Subject: Public Disclosure Request Reference #P090628-013123 Thank you for your request made via the King County Sheriff’s Office (KCSO) Online Request System on January 31, 2023. You requested: “To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

1. I am formally requesting to receive any and all of the policies that pertain to officers that are accused of, have been charged with, and/or convicted of either misdemeanor or felony domestic violence/assault.

2. Any and all policies or rules that pertain to the officers requirements to self-report and also disciplinary actions if there is a failure to report.

3. All policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order(DVPO) and the effects of that order directly related to the officers duties and abilities to continue work during a DVPO.

4. All policies related to officers use of excessive or unnecessary use of force.

5. Policies relating to any acts in violation of directives, rules, policies or procedures and subsequent disciplinary actions.

6. All policies or rules mandating required self-reporting of incidents while on duty.

7. All policies or rules mandating required self-reporting of incidents while not on duty.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

TIMOTHY JENKINS

Upload documents directly: https://www.muckrock.com/ We are also in receipt of your subsequent response on February 8, 2023, as follows: "It has been over 5 business days and so I'm checking back in to touch base and see what progress is being made." On February 8, 2023, we provided the following link to the KCSO General Orders Manual (GOM), which is responsive to your request as it contains all the related policies sought:
https://kingcounty.gov/depts/sheriff/about-us/manual.aspx Specific to your request, Chapters 3 & 6 are most applicable to the policies which you are seeking information on. If after reviewing this GOM, you find there are any policies not covered or contained therein, please let us know as soon as possible. If we do not receive a response back from you by March 8, 2023, we will consider your request completed, and close your request as such. If you are using a mobile device and are having trouble downloading or seeing the records, we recommend using a laptop or desktop computer to access the documents. To open and review PDF documents you will need an application that can view PDF documents. PLEASE NOTE: Per RCW 42.56.120(4), the KCSO reserves the right to close a records request after 30 days if a requester does not inspect, view, download, and/or pick up the records we provide. There is no obligation for us to continue producing records that are not being collected by a requester.
RCW 42.56.120(4) states that if an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request.
WAC 44-14-04006(1) states that a records request has been fulfilled and can be closed if an entirely unclear request has not been clarified, a request or installment has not been claimed or reviewed, or the requester cancels the request. Please reply to this message or log in to the Online Request System if you have any questions or would like to clarify or cancel this request. Sincerely, Sakilyne Kally | P/P Manager II | Public Disclosure Unit 206-263-2637 | www.kingcounty.gov/sheriff

--- Please respond above this line ---
Subject: Public Disclosure Request Reference #P090628-013123 Thank you for your request made via the King County Sheriff’s Office (KCSO) Online Request System on January 31, 2023. You requested: “To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

1. I am formally requesting to receive any and all of the policies that pertain to officers that are accused of, have been charged with, and/or convicted of either misdemeanor or felony domestic violence/assault.

2. Any and all policies or rules that pertain to the officers requirements to self-report and also disciplinary actions if there is a failure to report.

3. All policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order(DVPO) and the effects of that order directly related to the officers duties and abilities to continue work during a DVPO.

4. All policies related to officers use of excessive or unnecessary use of force.

5. Policies relating to any acts in violation of directives, rules, policies or procedures and subsequent disciplinary actions.

6. All policies or rules mandating required self-reporting of incidents while on duty.

7. All policies or rules mandating required self-reporting of incidents while not on duty.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

TIMOTHY JENKINS

Upload documents directly: https://www.muckrock.com/ We are also in receipt of your subsequent follow-ups, received as follows:

* 2/12/2023 9:40:52 PM: I am currently going through the chapters of the GOM and will be referencing the questions asked to make sure everything has been address. Do not close this request. I believe the date given to respond by is March 8th, 2023.
* 2/15/2023 11:23:58 PM: I was able to find all of the answers to the questions except for #3. Policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order (DVPO) and the effects of that order directly related to the officers duties and abilities to continue work during a DVPO. 2/28/2023 10:50:13 PM: I've responded two previous times. I need question #3 answered. The policies in the GOM seem to not cover that question. 3. All policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order(DVPO) and the effects of that order directly related to the officers duties and abilities to continue work during a DVPO. Due to a recent death in the family, and having been out with the flu for some time, I am just returning to your messages. Additionally, we are experiencing a high volume of open requests, with an average of 1085+ active requests at any given time. That said, and based on your responses, the remainder of your request will require more extensive research in order to ensure an adequate search for responsive records. We expect to provide an update of our research efforts second installment by or June 12, 2023. If we are unable to meet this self-imposed deadline, we will let you know. If we are able to provide a response sooner, we will also do so.
To retrieve previously released records, please log in to the Records Center at the following link: Public Records Request - P090628-013123 Once you log in and go to your request, you will find the uploaded records in the "Files" section. If you are using a mobile device and are having trouble downloading or seeing the records, we recommend using a laptop or desktop computer to access the documents. To open and review PDF documents you will need an application that can view PDF documents. PLEASE NOTE: Per RCW 42.56.120(4), the KCSO reserves the right to close a records request after 30 days if a requester does not inspect, view, download, and/or pick up the records we provide. There is no obligation for us to continue producing records that are not being collected by a requester.
RCW 42.56.120(4) states that if an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request.
WAC 44-14-04006(1) states that a records request has been fulfilled and can be closed if an entirely unclear request has not been clarified, a request or installment has not been claimed or reviewed, or the requester cancels the request. Please reply to this message or log in to the Online Request System if you have any questions or would like to clarify or cancel this request. Sincerely, Sakilyne Kally | P/P Manager II | Public Disclosure Unit 206-263-2637 | www.kingcounty.gov/sheriff

If you wish to track or respond to this request, please login to the Online Request System.

--- Please respond above this line ---
Subject: Public Disclosure Request Reference #P090628-013123 Thank you for your request made via the King County Sheriff’s Office (KCSO) Online Request System on January 31, 2023. You requested: “To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

1. I am formally requesting to receive any and all of the policies that pertain to officers that are accused of, have been charged with, and/or convicted of either misdemeanor or felony domestic violence/assault.

2. Any and all policies or rules that pertain to the officers requirements to self-report and also disciplinary actions if there is a failure to report.

3. All policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order(DVPO) and the effects of that order directly related to the officers duties and abilities to continue work during a DVPO.

4. All policies related to officers use of excessive or unnecessary use of force.

5. Policies relating to any acts in violation of directives, rules, policies or procedures and subsequent disciplinary actions.

6. All policies or rules mandating required self-reporting of incidents while on duty.

7. All policies or rules mandating required self-reporting of incidents while not on duty.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

TIMOTHY JENKINS

Upload documents directly: https://www.muckrock.com/ The KCSO Public Disclosure Unit has also received your subsequent response for additional information on the following: "3. All policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order (DVPO) and the effects of that order directly related to the officers’ duties and abilities to continue work during a DVPO."

In further reviewing the General Orders Manual (GOM) pertaining to this portion of your request, we have determined the following:

* Chapter 3 pertaining to PERSONNEL CONDUCT addresses your question most adequately regarding Domestic Violence Protection Order (DVPO).
* Section 3.00.015 discusses RULES OF MISCONDUCT, clarifying on what would be considered SERIOUS MISCONDUCT, warranting potential dismissal, and MISCONDUCT in general, which may result in discipline.
* An example of SERIOUS MISCONDUCT consists of conduct that is criminal in nature, such as any felony level conviction, or or conviction of any crime that precludes the possession of firearms.
* DOMESTIC VIOLENCE (DV) events in WA state may not always be felony level crimes, however depending on the severity of the original offense warranting the issuance of a protection order, may involve forfeiture of firearms rights.
* Additionally, per Section 3.00.020, KCSO PERFORMANCE STANDARDS dictate that all members must abide by both federal or state laws and local ordinances, whether on or off-duty, of which being the respondent of a DVPO would be in direct violation of KCSO PERFORMANCE STANDARDS.
* Section 3.02.020 addresses KCSO MEMBER RESPONSIBILITIES of DV-related incidents, with Section 3.02.030 specific to PATROL MEMBER'S RESPONSIBILITIES and Section 3.02.035 covering SUPERVISOR'S RESPONSIBILITIES at DV calls.
* Section 3.03.030 goes into further detail of INVESTIGATING COMPLAINTS OF SERIOUS POLICY VIOLATIONS, and Section 3.03.035 INVESTIGATING COMPLAINTS OF MINOR POLICY VIOLATIONS. Regardless of whether a SERIOUS or MINOR investigation, Section 3.02.040 addresses the potential for CRIMINAL INVESTIGATIONS while Section 3.02.045 discusses ADMINISTRATIVE INVESTIGATIONS. In short, the policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order (DVPO), and the effects of that order directly related to the officers’ duties and abilities to continue work depends on the severity of the original DV offense or crime level warranting the Protection Order. Once that is determined, further investigation, whether criminal, administrative or both may need to be conducted to determine an officer's ability to work. Please review the GOM again in it's entirety based on the bullet points listed above, and advise on whether the breakdown by bullet points suffices for your needs to address part #3 of your request. Again, our General Orders Manual (GOM) contains all the related policies sought, and can be viewed at the following site:
General Orders Manual - King County https://kingcounty.gov/depts/sheriff/about-us/manual.aspx
Chapters 3 is most applicable to part #3 of your request. If after reviewing Chapter 3 of the GOM, you find that part #3 is not adequately covered, please let us know as soon as possible. If we do not hear from you by July 12, 2023, we will consider your request completed, and close your request as such. PLEASE NOTE: Per RCW 42.56.120(4), the KCSO reserves the right to close a records request after 30 days if a requester does not inspect, view, download, and/or pick up the records we provide. There is no obligation for us to continue producing records that are not being collected by a requester.
RCW 42.56.120(4) states that if an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request.
WAC 44-14-04006(1) states that a records request has been fulfilled and can be closed if an entirely unclear request has not been clarified, a request or installment has not been claimed or reviewed, or the requester cancels the request. Please reply to this message or log in to the Online Request System if you have any questions or would like to clarify or cancel this request. Sincerely, Sakilyne Kally | P/P Manager II | Public Disclosure Unit 206-263-2637 | www.kingcounty.gov/sheriff

--- Please respond above this line ---
Subject: Public Disclosure Request Reference #P090628-013123 Thank you for your request made via the King County Sheriff’s Office (KCSO) Online Request System on January 31, 2023. You requested: “To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

1. I am formally requesting to receive any and all of the policies that pertain to officers that are accused of, have been charged with, and/or convicted of either misdemeanor or felony domestic violence/assault.

2. Any and all policies or rules that pertain to the officers requirements to self-report and also disciplinary actions if there is a failure to report.

3. All policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order(DVPO) and the effects of that order directly related to the officers duties and abilities to continue work during a DVPO.

4. All policies related to officers use of excessive or unnecessary use of force.

5. Policies relating to any acts in violation of directives, rules, policies or procedures and subsequent disciplinary actions.

6. All policies or rules mandating required self-reporting of incidents while on duty.

7. All policies or rules mandating required self-reporting of incidents while not on duty.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

TIMOTHY JENKINS

Upload documents directly: https://www.muckrock.com/ Correspondence was sent to you on June 12, 2023, providing clarification and further direction to you that the policies or rules that pertain to officers that are subject to a Domestic Violence Protection Order (DVPO), and the effects of that order directly related to the officers’ duties and abilities to continue work depends on the severity of the original DV offense or crime level warranting the Protection Order are primarily contained in Chapter 3 of KCSO's General Orders Manual (GOM). Specific sections addressing part 3 of your request include the following:

* Chapter 3 pertaining to PERSONNEL CONDUCT addresses your question most adequately regarding Domestic Violence Protection Order (DVPO).
* Section 3.00.015 discusses RULES OF MISCONDUCT, clarifying on what would be considered SERIOUS MISCONDUCT, warranting potential dismissal, and MISCONDUCT in general, which may result in discipline.
* An example of SERIOUS MISCONDUCT consists of conduct that is criminal in nature, such as any felony level conviction, or conviction of any crime that precludes the possession of firearms.
DOMESTIC VIOLENCE (DV) events in WA state may not always be felony level crimes, however depending on the severity of the original offense warranting the issuance of a protection order, may involve forfeiture of firearms rights.
* Additionally, per Section 3.00.020, KCSO PERFORMANCE STANDARDS dictate that all members must abide by both federal or state laws and local ordinances, whether on or off-duty, of which being the respondent of a DVPO would be in direct violation of KCSO PERFORMANCE STANDARDS.
* Section 3.02.020 addresses KCSO MEMBER RESPONSIBILITIES of DV-related incidents, with Section 3.02.030 specific to PATROL MEMBER'S RESPONSIBILITIES and Section 3.02.035 covering SUPERVISOR'S RESPONSIBILITIES at DV calls.
* Section 3.03.030 goes into further detail of INVESTIGATING COMPLAINTS OF SERIOUS POLICY VIOLATIONS, and Section 3.03.035 INVESTIGATING COMPLAINTS OF MINOR POLICY VIOLATIONS. Regardless of whether a SERIOUS or MINOR investigation, Section 3.02.040 addresses the potential for CRIMINAL INVESTIGATIONS while Section 3.02.045 discusses ADMINISTRATIVE INVESTIGATIONS.
When that clarification was provided to you last month, we asked that you review those sections, and advise if they addressed all your queries in part 3 of your request. We further advised that if we did not receive a response back from you by July 12, 2023, we would interpret that to mean that the bullet points above met the needs of your request, and close this request as completed. As of current date, no such response has been given. For that reason, we will be closing this request as completed. Again, our General Orders Manual (GOM) contains all the related policies sought, and can be viewed at the following site:
General Orders Manual - King County https://kingcounty.gov/depts/sheriff/about-us/manual.aspx
Your request is now closed. Please reply to this message or log in to the Online Request System if you have any questions regarding this request. Sincerely, Sakilyne Kally | P/P Manager II | Public Disclosure Unit 206-263-2637 | www.kingcounty.gov/sheriff

If you wish to track or respond to this request, please login to the Online Request System.