S-2294               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 3369

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Governmental Operations (originally sponsored by Senators Talmadge, Fleming, DeJarnatt and Kreidler)

Read first time 3/1/85.

AN ACT Relating to reparations for certain municipal employees; and adding a new chapter to Title 41 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The dismissal or termination of various municipal employees during World War II resulted from the promulgation of federal Executive Order 9066 which was based mainly on fear and suspicion rather than on factual justification.  It is fair and just that reparations be made to those employees who were terminated from municipal employment during the wartime years because of these circumstances.  The legislature therefore finds that equity and fairness will be served by authorizing the filing of claims with municipalities that provide by ordinance or resolution for reparation of salary and other employment related losses suffered by the municipal employees directly affected.  Payments shall be made from municipal funds.

NEW SECTION. Sec. 2.     For the purposes of this chapter, "municipal employee" means any employee of a city, town, county, special purpose district, municipal corporation, or political subdivision of the state of Washington.

NEW SECTION. Sec. 3.     Any municipal employee or the living surviving spouse of a municipal employee who, due to the promulgation of federal Executive Order 9066, was dismissed, terminated from a temporary position, or rejected during the person's probationary period, or who voluntarily resigned in lieu of dismissal from municipal employment, and who incurred salary and other employment related losses as a result thereof, is eligible to file a claim with a municipality that authorizes by ordinance or resolution the reparation of those losses.

NEW SECTION. Sec. 4.     A claim may be submitted to the appropriate municipality for the reparation of salary and other employment related losses suffered during the years 1942 through 1947.  The claim shall be supported by appropriate verification, such as the person's name at the time of the dismissal, the name of the employing department, a social security number, and by evidence of official action of termination.  The claimant shall also provide an address to which the municipality shall mail notification of its determination regarding the claimant's eligibility.

NEW SECTION. Sec. 5.     (1) A municipality has no obligation to adopt an ordinance or resolution providing for reparation of salary and other employment related losses.

          (2) If a municipality determines by ordinance or resolution to make reparations for salary and other employment related loss, it has no obligation to directly notify any person of possible eligibility for reparation of salary and other employment related losses under this chapter.

          (3) A municipality may determine in its sole discretion the monetary amount of reparation for salary and other employment related losses attributable to an employee's dismissal, termination, rejection during probation, or resignation in lieu of dismissal during the years 1942 through 1947.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 41 RCW.