SENATE BILL REPORT

SB 5663

BYSenators McCaslin, DeJarnatt, Thorsness, Newhouse and Vognild

Authorizing counties to defend county officials in recall actions.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 16, 1989; February 21, 1989

Majority Report:  That Substitute Senate Bill No. 5663 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; Sutherland.

Senate Staff:Sam Thompson (786-7754); Barbara Howard (786-7410)

                  February 22, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 21, 1989

BACKGROUND:

The State Constitution provides that all elected public officials except judges are subject to recall by voters.  A recall is commenced by the filing of a charge in superior court by a voter alleging malfeasance, misfeasance, or violation of an oath of office.  Recall laws define malfeasance as the commission of an unlawful act and misfeasance as the performance of a duty in an improper manner.  The recall charge must recite facts legally sufficient to establish such violations if they were proven true.  If the charge is determined to be sufficient by a superior court judge, and a sufficient number of signatures are 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.

A county legislative authority may pay for the defense of a county officer or employee in a civil action for damages if it determines that the acts or omissions of the officer or employee were within the scope of their official duties, or were in good faith believed to be within the scope of their official duties.

SUMMARY:

A county legislative authority is authorized to protect, defend, and indemnify an official or employee in court proceedings to determine the sufficiency of recall charges.

EFFECT OF PROPOSED SUBSTITUTE:

The reference to the defense of a county employee is deleted, since only elective officials are subject to recall.  Both the county legislative authority and the county prosecutor must approve payment of the expense of defending a recall charge.  Expenses paid by the county may include costs associated with an appeal.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Dennis Morrisette, Grays Harbor County Sheriff (pro); Jim Goche, Washington Association of County Officials (pro)