HOUSE BILL REPORT

SSB 5663

As Amended by the House

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

Authorizing counties to defend county officials in recall actions.

House Committe on Local Government

Majority Report:  Do pass.  (14)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE APRIL 6, 1989

BACKGROUND:

Elected officials, including elected county officials, are subject to recall by county voters.  A recall petition must allege that the elected official committed some act or acts of malfeasance or misfeasance while in office, or violated the official's oath of office.  The truth of the allegation is determined by the voters, but the recall petition must recite an act or acts, that if true, would constitute an act of malfeasance or misfeasance, or a violation of the official's oath of office.

The recall procedure involves several steps, including: (1) the filing of a complaint; (2) preparation of a ballot synopsis; (3) determination by the superior court if a sufficient ground to recall an official is alleged in the complaint; (4) circulation of a recall petition to obtain signatures, if the complaint is sufficient; and (5) an election on the recall.

SUMMARY:

The necessary expenses of defending an elective county officer in the judicial hearing to determine the sufficiency of a recall charge shall be paid by the county if the officer requests such defense and the defense is approved by both the county legislative authority and prosecutor.

The necessary expenses of defending an elective city or town official in the judicial hearing to determine the sufficiency of a recall charge shall be paid by the city or town if the official requests such defense and the defense is approved by the city or town council.  The expenses that may be paid include costs associated with an appeal of the decision by the superior court concerning the sufficiency of the charge.

The expenses that may be paid include costs associated with an appeal of the decision by the superior court concerning the sufficiency of the recall charge.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Jim Goche, Washington Association of County Officials; Dennis Morrisette, Grays Harbor County Sheriff.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This bill is identical to House Bill 1273 which passed out of the House Local Government Committee already.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 93; Absent 2; Excused 3

Absent:     Representatives Gallagher and H. Sommers

Excused:    Representatives Prince, Todd and Zellinsky