FINAL BILL REPORT

SSB 5663

                              C 250 L 89

BYSenate Committee on Governmental Operations (originally sponsored by Senators McCaslin, DeJarnatt, Thorsness, Newhouse and Vognild)

Authorizing counties to defend county officials in recall actions.

Senate Committee on Governmental Operations

House Committe on Local Government

SYNOPSIS AS ENACTED

BACKGROUND:

Article 1, Section 33 of the state Constitution provides that all elective public officers except judges are subject to recall by voters.  A recall is commenced when a voter files a recall charge alleging malfeasance, misfeasance, or violation of an oath of office by an elective official.  Recall laws generally define "malfeasance" as the commission of an unlawful act, "misfeasance" as the performance of a duty in an improper manner, and "violation of the oath of office" as the willful failure to perform a duty.  The recall charge must recite acts legally sufficient to establish grounds for a recall.  If the charge is determined to be sufficient by a superior court judge, and a sufficient number of signatures are then collected on recall petitions, voters are given the opportunity to vote on the truth of the allegations, which are summarized in a ballot synopsis.  If a majority of voters approve the recall, the official is discharged from office and a vacancy is created.

There is no express statutory authority for cities, towns or counties to pay the legal expenses of their elective officials when recall charges have been filed against them.

SUMMARY:

Cities, towns and counties are authorized to pay the necessary expenses of defending their elective officials in judicial proceedings to determine the sufficiency of a recall charge, including costs associated with an appeal.  The official against whom a recall charge has been filed must request payment of the expenses.  Approval for payment by counties must be granted by the county legislative authority and the prosecuting attorney. Approval for payment by cities and towns must be granted by the city or town legislative authority.

VOTES ON FINAL PASSAGE:

     Senate   44    0

     House 93  0 (House amended)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

     Senate   40    2 (Senate concurred)

EFFECTIVE:July 23, 1989