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SUBSTITUTE SENATE BILL NO. 5663
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AS AMENDED BY THE HOUSE
C 250 L 89
State of Washington 51st Legislature 1989 Regular Session
By Senate Committee on Governmental Operations (originally sponsored by Senators McCaslin, DeJarnatt, Thorsness, Newhouse and Vognild)
Read first time 2/22/89.
AN ACT Relating to the recall of county officials; amending RCW 36.16.134; and adding a new section to chapter 35.21 RCW.
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:
(1) Whenever an action 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.
(2)
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. Any ((money)) monetary judgment against the
officer or employee may be paid on approval of the county legislative
authority.
(3) The necessary expenses of defending an elective county officer in a judicial hearing to determine the sufficiency of a recall charge as provided in RCW 29.82.023 shall be paid by the county if the officer requests such defense and approval is granted by both the county legislative authority and the prosecuting attorney. The expenses paid by the county may include costs associated with an appeal of the decision rendered by the superior court concerning the sufficiency of the recall charge.
NEW SECTION. Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:
The necessary expenses of defending an elective city or town official in a judicial hearing to determine the sufficiency of a recall charge as provided in RCW 29.82.023 shall be paid by the city or town if the official requests such defense and approval is granted by the city or town council. The expenses paid by the city or town may include costs associated with an appeal of the decision rendered by the superior court concerning the sufficiency of the recall charge.