SENATE BILL REPORT

EHB 590

BYRepresentatives Doty, Haugen, McLean, Cooper, Nealey, Brough, Rayburn, Kremen, Brooks, Betrozoff, Lewis, C. Smith, Winsley and May

Establishing immunity from civil liability for elected and appointed local government officials.

House Committe on Local Government

Senate Committee on Judiciary

Senate Hearing Date(s):March 30, 1987; March 31, 1987

Majority Report:     Do pass as amended.

     Signed by Senators Talmadge, Chairman; McCaslin, Nelson, Newhouse.

Senate Staff:Dick Armstrong (786-7460)

                March 31, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 31, 1987

BACKGROUND:

Elected officials of special purpose districts are immune from civil liability for damage arising from action performed within the scope of their official duties or employment if their tortious actions did not benefit themselves, but liability shall remain on the special purpose districts for the tortious conduct of their officials to the extent otherwise authorized.

Appointed officials of special districts are not granted similar immunity, nor are elected or appointed officials of counties, cities, or towns.

SUMMARY:

Appointed officials of special purpose districts are afforded the same immunity from civil liability for damages arising from actions performed within the scope of their official duties that is granted to elected officials of special purpose districts.

SUMMARY OF PROPOSED SENATE AMENDMENT:

BACKGROUND: County coroners and county medical examiners are called upon to determine the cause of death in certain statutorily prescribed situations.  Based on examination of the deceased the coroner or medical examiner certifies the manner of death and that death was a result of homicide, suicide or accident.

Members of the deceased's family occasionally contest the findings of the examiner or coroner and have brought suit for negligence in determining the cause of death.  This can occur when the family believes that death was by homicide or accident but the examining official certifies that suicide was the cause of death.

Some medical examiners have been sued personally and some suits have continued for more than ten years.

Presently in Washington coroners and medical examiners do not have immunity.  Case law indicates that if a public official has been granted immunity, and an act of the official is a discretionary act, the governmental entity may not be held liable.

SUMMARY:  A county coroner or medical examiner is immune from civil liability for determining the cause and manner of death.  The findings of the cause and manner of death are subject to judicial review, but coroners and medical examiners are not liable for damages.

Fiscal Note:    none requested

Senate Committee - Testified:   Jim Goche, Association of County Officials; Barbara Hodley, King County Medical Examiner's office; Mike Redman, Washington Association of Prosecuting Attorneys