BILL REQ. #:  S-0033.1 

Read first time 01/24/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to actions and proceedings for damages brought against law enforcement officers; and amending RCW 4.96.041.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 4.96.041 and 1993 c 449 s 4 are each amended to read as follows:
     (1) Whenever an action or proceeding for damages is brought against any past or present officer, employee, or volunteer of a local governmental entity of this state, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties, such officer, employee, or volunteer may request the local governmental entity to authorize the defense of the action or proceeding at the expense of the local governmental entity.
     (2)(a) If the legislative authority of the local governmental entity, or the local governmental entity using a procedure created by ordinance or resolution, finds that the acts or omissions of the officer, employee, or volunteer were, or in good faith purported to be, within the scope of his or her official duties, the request shall be granted. If the request is granted, the necessary expenses of defending the action or proceeding shall be paid by the local governmental entity.
     However, the legislative authority may revoke or rescind the granting of the request, and decline to pay further expenses if it finds, following the same procedure, that the acts or omissions of the officer, employee, or volunteer were not, or in good faith did not purport to be, within the scope of his or her official duties.
     (b) Any monetary judgment against the officer, employee, or volunteer shall be paid on approval of the legislative authority of the local governmental entity or by a procedure for approval created by ordinance or resolution.
     (3) The necessary expenses of defending an elective officer of the local governmental entity in a judicial hearing to determine the sufficiency of a recall charge as provided in RCW ((29.82.023)) 29A.56.140 shall be paid by the local governmental entity if the officer requests such defense and approval is granted by both the legislative authority of the local governmental entity and the attorney representing the local governmental entity. The expenses paid by the local governmental entity may include costs associated with an appeal of the decision rendered by the superior court concerning the sufficiency of the recall charge.
     (4) When an officer, employee, or volunteer of the local governmental entity has been represented at the expense of the local governmental entity under subsection (1) of this section and the court hearing the action has found that the officer, employee, or volunteer was acting within the scope of his or her official duties, and a judgment has been entered against the officer, employee, or volunteer under chapter 4.96 RCW or 42 U.S.C. Sec. 1981 et seq., thereafter the judgment creditor shall seek satisfaction for nonpunitive damages only from the local governmental entity, and judgment for nonpunitive damages shall not become a lien upon any property of such officer, employee, or volunteer. The legislative authority of a local governmental entity may, pursuant to a procedure created by ordinance or resolution, agree to pay an award for punitive damages.
     (5)(a) When a law enforcement officer makes a request for defense under subsection (1) of this section, the determination under subsection (2) of this section as to whether or not the acts or omissions of the law enforcement officer were, or in good faith purported to be, within the scope of his or her official duties shall be made within sixty days. If the request is granted, the necessary expenses of defending the action or proceeding shall be paid by the local governmental entity. The proceedings conducted under subsection (2) of this section may be conducted in executive session in accordance with chapter 42.30 RCW and all meetings, proceedings, and deliberations of the legislative authority of the local governmental entity with regard to the request of the officer, law enforcement officer, employee, or volunteer is confidential. However, the final action of the legislative authority as to the acceptance or denial of the request, or revocation or revision of a previous decision, must be done in public session. The proceedings, reports, or written records of the legislative authority, or of a member, employee, staff person, or investigator of the legislative authority, are not subject to the public disclosure act, chapter 42.17 RCW. The law enforcement officer may appeal a local governmental entity's denial of a request for defense or the revocation of the granting of a request for defense under subsection (2) of this section to the superior court.
     (b) When a law enforcement officer of the local governmental entity has been represented at the expense of the local governmental entity under subsection (1) of this section and the court hearing the action has found that the law enforcement officer was acting within the scope of his or her official duties or the local governmental entity has made a determination to indemnify the officer, employee, or volunteer, and a judgment has been entered against the law enforcement officer under this chapter or 42 U.S.C. Sec. 1981 et seq., any monetary judgment against the law enforcement officer shall be paid by the legislative authority of the local governmental entity, and thereafter the judgment creditor shall seek satisfaction for damages only from the local governmental entity, and judgment for damages shall not become a lien upon any property of such law enforcement officer.
     (c) For the purposes of this section, "law enforcement officer" has the meaning provided in RCW 9.41.010.