Chapter 2.72
DEFENSE OF ELECTED OFFICIALS IN RECALL PROCEEDINGS

2.72.000    Chapter Contents

Sections:

2.72.010    Payment of defense expenses in recall judicial proceedings; authority.

2.72.020    Payment of defense expenses in recall judicial proceedings; procedure.

2.72.030    Payment of defense expenses in recall judicial proceedings; costs on appeal.

2.72.040    Payment of defense expenses in recall judicial proceedings; definitions.

2.72.010 Payment of defense expenses in recall judicial proceedings; authority

The City Council shall consider any request by an elected official of the City of Olympia to pay the necessary expenses of defending such officer in a judicial proceeding convened to determine the sufficiency of a recall charge. The decision of the Council shall be made by motion in open meeting. The council shall approve the request if, upon considering all relevant and available information, it determines that reasonable evidence exists that the acts or omissions did not occur as alleged in the petition for recall.

The City Attorney shall likewise determine if any such request should be approved. The City Attorney shall approve the request if he/she determines from the wording of the petition that a reasonable legal position can be established that the charge(s) is not "sufficient" for purposes of RCW 4.96.041.

(Ord. 5504 §1, 1995).

2.72.020 Payment of defense expenses in recall judicial proceedings; procedure

Any request for payment by the City of recall defense costs must be made no later than ten days after receipt of the petition. The request shall include a copy of the recall petition and may include any additional information deemed relevant by the elected official involved.

The City Council and City Attorney shall render their decision within 14 days of receipt of the request. The decision of the Council and City Attorney shall be made in writing and may not be appealed.

(Ord. 5504 §2, 1995).

2.72.030 Payment of defense expenses in recall judicial proceedings; costs on appeal

Should the issue of sufficiency of the recall charge be appealed by either the petitioner or the elected official to the Supreme Court, the decision by the City Council and City Attorney as provided in this ordinance shall apply to the costs of such appeal.

(Ord. 5504 §3, 1995).

2.72.040 Payment of defense expenses in recall judicial proceedings; definitions

A.    Elected Official. For purposes of this ordinance, the term "elected official" shall include all members of the Olympia City Council and the Olympia Municipal Court Judge when the current term of the Municipal Court Judge expires and the position, if full-time, is filled by election.

B.    Necessary expenses. For purposes of this ordinance, the term "necessary expenses" shall include all out-of-pocket expenses incurred in the judicial proceeding, including any applicable court costs, litigation costs and reasonable attorneys fees. Costs of any campaign with respect to a petition or recall election shall not be considered necessary expenses.

(Ord. 5504 §4, 1995).