Jurisdiction Archives — LAW OFFICE OF GREGORY A. WILLIAMS

November 28, 2024November 28, 2024

Suing Local Government: The Tort-Claim Filing Statute

Under Washington State laws, what are the requirements of the tort-claim filing statute when pursuing claims against local government? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.

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SUING LOCAL GOVERNMENT — TORTIOUS CONDUCT OF LOCAL GOVERNMENT ENTITIES AND THEIR AGENTS

In Washington State, the process and requirements for individuals to initiate legal proceedings against local (as opposed to state) government entities or their subdivisions are dictated by RCW 4.96*, known as the “Actions Against Political Subdivisions, Municipal and Quasi-Municipal Corporations” statute — or, simply, the “local government tort claim filing statute.”

This legislation details the procedures for filing claims against political subdivisions and municipal bodies–such as counties, cities, towns, special districts, municipal corporations as defined in RCW 39.50.010*, quasi-municipal corporations, any joint municipal utility services authorities, any entities created by public agencies under RCW 39.34.030*, or public hospitals–ensuring that these actions are handled with transparency and fairness while safeguarding public entities from excessive legal challenges.

THE RELEVANT LAW — RCW 4.96.010

The relevant law states as follows:

RCW 4.96.010
Tortious conduct of local governmental entities—Liability for damages.

(1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation. Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.

(2) Unless the context clearly requires otherwise, for the purposes of this chapter, “local governmental entity” means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010*, quasi-municipal corporation, any joint municipal utility services authority, any entity created by public agencies under RCW 39.34.030*, or public hospital.

(3) For the purposes of this chapter, “volunteer” is defined according to RCW 51.12.035*.

RCW 4.96.010* (emphasis added).

Presentment and filing requirements — RCW 4.96.020

The associated “Presentment and Filing” section (RCW 4.96.020*) outlines the following procedures for filing claims for damages against local governmental entities, their officers, employees, or volunteers acting in an official capacity, specifically in cases involving tortious conduct.

1. Applicability of the Law — RCW 4.96.020(1)-(2)*:

The provisions apply to all claims for damages against local governmental entities and their officials. The governing body of each entity must appoint an agent to receive claims for damages, and this agent’s identity and contact information must be recorded with the county auditor.

2. Claim Presentment — RCW 4.96.020(2)*:

Claims must be submitted to the designated agent within the applicable statute of limitations. Claims are considered presented when they are delivered in person or “received by the agent by regular mail, registered mail, or certified mail, with return receipt requested, to the agent or other person designated to accept delivery at the agent’s office.” Id. If a local government entity fails to meet these requirements, it forfeits the right to raise certain defenses.

3. Claim Form Requirements — RCW 4.96.020(3)(a)-(b)*:

Starting from July 26, 2009, claims must be filed using a standard tort claim form, which is available on the Department of Enterprise Services’ (Office of Risk Management) website, except as allowed under (c) of this subsection.. The form must include:

(a) The claimant’s name, contact information, and date of birth.

(b) A description of the incident, injury, and the circumstances surrounding it.

(c) Details such as the time and place of the incident, names of involved individuals, and the amount of damages claimed.

(d) The claimant’s current residence at the time the claim arose and when the claim is presented.

The claim must be signed by the claimant or their authorized representative.

4. Availability of Forms and Instructions — RCW 4.96.020(3)(c), (e)*:

Local entities are required to make the standard form and instructions available and the name, address, and business hours of the agent of the local governmental entity.

“If a local governmental entity chooses to also make available its own tort claim form in lieu of the standard tort claim form, the form:

(i) May require additional information beyond what is specified under this section, but the local governmental entity may not deny a claim because of the claimant’s failure to provide that additional information[.]

(ii) Must not require the claimant’s social security number; and

(iii) Must include instructions on how the form is to be presented and the name, address, and business hours of the agent of the local governmental entity appointed to receive the claim.

RCW 4.96.020(c)*. “Presenting either the standard tort claim form or the local government tort claim form satisfies the requirements of this chapter*.” RCW 4.96.020(e)* (hyperlink added).

5. Waiver for Incorrect Forms — RCW 4.96.020(3)(d)*:

If the local entity’s form does not comply with the requirements or lists the wrong agent, the entity waives any defense related to those issues, including improper claim presentation or missing information.

6. Damages Statement — RCW 4.96.020(3)(f)*:

The amount of damages specified on the claim form is not admissible at trial.

7. Waiting Period Before Filing Suit — RCW 4.96.020(4)*:

A claimant cannot file a lawsuit for tortious conduct against any local governmental entity, or against any local governmental entity’s officers, employees, or volunteers, acting in such capacity, until at least 60 calendar days after properly presenting the claim to the agent. During this 60-day period, the statute of limitations for filing a lawsuit is tolled (i.e., suspended). If a lawsuit is filed within five court days after this period, it is considered to have been filed on the first day after the 60-day waiting period.

8. Liberal Construction — RCW 4.96.020(5)*:

“With respect to the content of claims under this section and all procedural requirements in this section, this section must be liberally construed so that substantial compliance will be deemed satisfactory.” Id.

CONCLUSION

In Washington State, the local government tort-claim filing statute (i.e., RCW 4.96*) provides a structured process for filing tort claims against local governments in Washington State, with clear instructions regarding the necessary forms, deadlines, and requirements. It emphasizes a liberal approach to compliance to ensure that valid claims are not dismissed due to minor procedural issues.

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August 8, 2024October 21, 2024

WSHRC: From Complaint to Conclusion

Under Washington State laws and regulations, how does the Washington State Human Rights Commission (WSHRC) progress from complaint to conclusion when processing employment discrimination claims? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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WSHRC: FROM COMPLAINT TO CONCLUSION

In Washington State, the protection of human rights is a fundamental aspect of ensuring equality and fair treatment for all individuals. The Washington State Human Rights Commission (WSHRC) serves as a vital resource for individuals who believe they have experienced discrimination in various contexts, including employment, housing, and public accommodations, real estate and credit transactions, and insurance. Understanding the process of filing and handling complaints with the WSHRC is crucial for both complainants and respondents involved in these cases. This article will focus on employment discrimination.

I. Filing a Complaint with the WSHRC

1. Initiating the Process:

Complaints can be filed with the WSHRC through an intake call or an in-person interview. See Washington State Human Rights Commission Website, https://www.hum.wa.gov/employment (last visited 2/16/24). The Intake Unit evaluates the jurisdiction of the complaint and may proceed with an intake questionnaire if it falls within the WSHRC’s purview. See id.

NOTE: WSHRC Jurisdictional Criteria

(a) “Employer has at least 8 employees (does not include religious organizations.” Id. (hyperlink added).

(b) “Signed complaints need to be filed within 6 months of last date of alleged discrimination.” Id.

2. Submission of Intake Questionnaire:

Alternatively, individuals can print out and submit the online intake questionnaire. See id. It is essential to ensure that the intake questionnaire reaches the WSHRC within six months of the alleged discriminatory action. See id.

3. Response to Written Charge:

Upon review, individuals may receive a written charge to sign and return to the WSHRC. See id.

4. Assignment to Investigator:

Once the complaint is filed, it is assigned to an investigator for further examination. See id.

II. Responsibilities of Employers Upon Receiving Notice

1. Timely Response:

Employers must send a written response to the charge within 15 days of receiving notice. See id.

2. Position Statement:

They should articulate their position on the alleged unfair actions. See id.

3. Documentation:

Providing relevant documentation to support their response is imperative. See id.

4. Witness Information:

Employers should furnish witness names and contact information as part of the investigative process. See id.

III. Conducting the Investigation

1. Neutral Fact-Finding:

The WSHRC serves as a neutral fact-finder during investigations, tasked with gathering evidence to determine if there is reasonable cause to believe that a violation of the law has occurred. This may involve interviewing witnesses and reviewing pertinent documents. See id.

2. Alternate Dispute Resolution:

The WSHRC encourages the use of alternate dispute resolution methods to resolve complaints efficiently. See id.

IV. Burden of Proof

1. Complainant’s Obligation:

The complainant must present information demonstrating a prima facie case of discrimination. See id.

2. Respondent’s Response:

The respondent can offer non-discriminatory reasons for the actions in question. See id.

3. Additional Evidence:

The burden of proof shifts back to the complainant to provide further information connecting the harm to the protected class. See id.

4. Standard of Proof:

For a finding of reasonable cause, the preponderance of evidence must indicate that discrimination occurred. See id.

V. Conclusion of the Investigation

1. Recommendation to Commissioners:

Following the completion of the investigation, WSHRC staff presents a recommendation to the Commissioners. See id.

2. NO FINDING OF DISCRIMINATION

“If the WSHRC finds no discrimination (no reasonable cause), both parties are contacted with that finding.” Id.

3. Finding of Discrimination:

If the WSHRC determines that illegal discrimination has occurred (reasonable cause), efforts are made to reach a voluntary agreement between the parties. If unsuccessful, the complaint may proceed to a formal hearing before an Administrative Law Judge (ALJ), who can impose significant penalties. See id.