S-2078               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5663

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 2/22/89.

AN ACT Relating to the recall of county officials; and amending RCW 36.16.134.

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

        Sec. 1.  Section 1, chapter 72, Laws of 1979 ex. sess. and RCW 36.16.134 are each amended to read as follows:

(1) Whenever an action or proceeding for damages is brought against any officer or employee of a county of this state, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties, such officer or employee may request the county to authorize the defense of the action or proceeding at the expense of the county.

(2) If the county legislative authority finds that the acts or omissions of the officer or employee were, or in good faith purported to be, within the scope of his or her official duties, the request may be granted.  If the  request is granted, the necessary expenses of defending the action or proceeding shall be paid by the county.  Any ((money)) monetary judgment against the officer or employee may be paid on approval of the county legislative authority.

(3) The necessary expenses of defending an elective county officer in a judicial hearing to determine the sufficiency of a recall charge as provided in RCW 29.82.023 shall be paid by the county if the officer requests such defense and approval is granted by both the county legislative authority and the prosecuting attorney.  The expenses paid by the county may include costs associated with an appeal of the decision rendered by the superior court concerning the sufficiency of the recall charge.