H-655                _______________________________________________

                                                   HOUSE BILL NO. 1273

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Cooper, Patrick, Hargrove, Ferguson, Moyer, Basich, Vekich, Wolfe, Jones, Sayan, Wood, Baugher, Crane and Horn

Read first time 1/20/89 and referred to Committee on Judiciary. Referred to Committee on Local Government 1/25/89.

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:

          Whenever an action, petition for recall, 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.

          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.  In the case of a recall petition, the county may protect, defend, and indemnify the official or employee only with regard to the court proceedings to determine the sufficiency of charges.  Any money judgment against the officer or employee may be paid on approval of the county legislative authority.