Wash. Rev. Code » Title 36 · Chapter 36.16

Wash. Rev. Code § 36.16.070

Deputies and employees

Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
In all cases where the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ deputies and other necessary employees with the consent of the board of county commissioners. The board shall fix their compensation and shall require what deputies shall give bond and the amount of bond required from each. The sureties on deputies' bonds must be approved by the board and the premium therefor is a county expense.
A deputy may perform any act which his or her principal is authorized to perform. The officer appointing a deputy or other employee shall be responsible for the acts of his or her appointees upon his or her official bond and may revoke each appointment at pleasure.
[ 2009 c 549 s 4009; 1969 ex.s. c 176 s 92; 1963 c 4 s 36.16.070. Prior: 1959 c 216 s 3; 1957 c 219 s 2; prior: (i) Code 1881 s 2716; 1869 p 312 s 10; 1863 p 550 s 7; 1854 p 425 s 7; RRS s 4093. (ii) Code 1881 s 2741; 1863 p 553 s 4; 1854 p 427 s 4; RRS s 4108. (iii) Code 1881 s 2767, part; 1871 p 110 s 1, part; 1863 p 557 s 2, part; 1854 p 434 s 2, part; RRS s 4160, part. (iv) 1905 c 60 s 1; RRS s 4177. (v) 1905 c 60 s 2; RRS s 4178. (vi) 1905 c 60 s 3; RRS s 4179. (vii) 1949 c 200 s 1, part; 1945 c 87 s 1, part; 1937 c 197 s 3, part; 1925 ex.s. c 148 s 6, part; Rem. Supp. 1949 s 4200-5a, part. (viii) 1943 c 260 s 1; Rem. Supp. 1943 s 4200-5b.]

Notes:

County clerk, deputies of: Chapter 2.32 RCW.
Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1967–2021 · leading case: Osborn v. Grant County
Sort: Relevance Newest Treatment
Osborn v. Grant County (1996) wash · cites it 9× “The Board also asserts it has jurisdiction over other elected officials’ hiring decisions under RCW 36.16.070, which states: In all cases where the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ deputies and…”
Aldinger v. Howard (1976) scotus · cites it 2× “NOTES [1] Wash. Rev. Code § 36.16.070 (1974). [2] "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction…”
State v. Cook (1974) wash · cites it 8× “, points to: (a) RCW 36.16.070, [3] which authorizes county elected officials to employ deputies and "other necessary employees" to carry out the duties of the office; (b) the status of the legal intern as an employee rather than as a deputy prosecuting attorney; and (c) the…”
Lee v. Jasman (2014) washctapp · cites it 4× “A county official can hire a deputy and employees as referenced in RCW 36.16.070. I would refer you to the county board of commissioners and legal counsel for any further questions about the authority of *38 the coroner or any staff in that office.”
State v. Lee (1976) wash · cites it 2× “or other officer having charge of the records of such court, with the seal of such court annexed.”
Grant County Prosecuting Attorney v. Jasman (2015) wash · cites it 4× “065 provides, “Whenever any term indicating an officer is used it shall be construed, when required, to mean any person authorized by law to discharge the duties of such officer.” That statute implicates deputies because deputies are authorized by statute to “perform any act…”
Malott v. Randall (1974) wash · cites it 4× “RCW 36.16.070 provides: A deputy may perform any act which his principal is authorized to perform.”
Broyles v. Thurston County (2008) washctapp “It argues that the legislature intended for public officials to defend themselves against suits involving their offices as any other reading would render the legislative mandate that the elected official "shall be responsible for the acts of his appointees upon his official…”
State ex rel. Banks v. Drummond (2016) wash “RCW 36.16.070 (“In all cases where the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ deputies and other necessary employees with the consent of the board of county commissioners.”
Broyles v. Thurston County (2008) washctapp “It argues that the legislature intended for public officials to defend themselves against suits involving their offices as any other reading would render the legislative mandate that the elected official “shall be responsible for the acts of his appointees upon his official…”
Smith v. Board of Walla Walla County Commissioners (1987) washctapp · cites it 2× “It concluded the Board acted arbitrarily and capriciously and ordered the Board to reinstate the accountant position in the Auditor's office and fund it. It is undisputed that the Board of County Commissioners have the authority to eliminate and establish employee positions in a…”
In re Appointment of Special Deputy Prosecuting Attorney (2019) wash “The statute states in relevant part, "The prosecuting attorney may appoint one or more special deputy prosecuting attorneys upon a contract or fee basis whose authority shall be limited to the purposes stated in the writing signed by the prosecuting attorney.”
Show all 26 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.