H-1880.2  _______________________________________________

                          HOUSE BILL 2206

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State of Washington      56th Legislature     1999 Regular Session

By Representatives Mulliken, Scott, Carrell and Constantine

Read first time 02/19/1999.  Referred to Committee on Local Government.

Allowing declaratory judgment actions when county elected officials have abandoned their responsibilities. 

    AN ACT Relating to declaratory judgment actions finding that county elected officials have abandoned their responsibilities; amending RCW 36.17.010 and 36.17.050; and adding a new section to chapter 36.16 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 36.16 RCW to read as follows:

    The county legislative authority of a county may cause an action to be filed in the superior court of that county for a declaratory judgment finding that a county elected official has abandoned his or her responsibilities by being absent from the county and failing to perform his or her official duties for a period of at least thirty consecutive days, but not including:  (1) Absences approved by the county legislative authority; or (2) absences arising from leave taken for legitimate medical or disability purposes.  If such a declaratory judgment is issued, the county official is no longer eligible to receive compensation from the date the declaratory judgment is issued until the court issues a subsequent declaratory judgment finding that the county official has commenced performing his or her responsibilities.

    Sec. 2.  RCW 36.17.010 and 1991 c 363 s 51 are each amended to read as follows:

    The county officers of the counties of this state shall receive a salary for the services required of them by law, or by virtue of their office, which salary shall be full compensation for all services of every kind and description rendered by them.  However, if the superior court issues a declaratory judgment under section 1 of this act finding that a county officer has abandoned his or her duties, the county officer may not be paid compensation.

    Sec. 3.  RCW 36.17.050 and 1963 c 4 s 36.17.050 are each amended to read as follows:

    The auditor shall not draw his warrant for the salary of any officer until the latter shall have first filed his duplicate receipt with the auditor, properly signed by the treasurer, showing he has made the last required monthly statement and settlement.  If the superior court issues a declaratory judgment under section 1 of this act finding that a county officer has abandoned his or her duties, the county officer may not be paid a salary.

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