Revised Code of Washington
Title 4. Civil Procedure
Chapter 4.24. Special Rights of Action and Special Immunities
(As amended, 57th Legislature, 2002 Regular Session)
4.24.500. Good faith communication to government agency--Legislative findings--Purpose
Information provided by citizens concerning potential wrongdoing is vital to effective law enforcement and the efficient operation of government. The legislature finds that the threat of a civil action for damages can act as a deterrent to citizens who wish to report information to federal, state, or local agencies. The costs of defending against such suits can be severely burdensome. The purpose of RCW 4.24.500 through 4.24.520 is to protect individuals who make good-faith reports to appropriate governmental bodies.
4.24.510. Good faith communication to government agency--Immunity
A person who communicates a complaint or information to any branch or agency of federal, state, or local government regarding any matter reasonably of concern to that agency shall be immune from civil liability on claims based upon the communication to the agency. A person prevailing upon the defense provided for in this section is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense and in addition shall receive statutory damages of ten thousand dollars. Statutory damages may be denied if the court finds that the complaint or information was communicated in bad faith.
4.24.520. Good faith communication to government agency--When agency or attorney general may defend against lawsuit--Costs and fees
In order to protect the free flow of information from citizens to their government, an agency receiving a complaint or information under RCW 4.24.510 may intervene in and defend against any suit precipitated by the communication to the agency. In the event that a local governmental agency does not intervene in and defend against a suit arising from any communication protected under this act, [FN 1] the office of the attorney general may intervene in and defend against the suit. An agency prevailing upon the defense provided for in RCW 4.24.510 shall be entitled to recover costs and reasonable attorneys' fees incurred in establishing the defense. If the agency fails to establish the defense provided for in RCW 4.24.510, the party bringing the action shall be entitled to recover from the agency costs and reasonable attorney's fees incurred in proving the defense inapplicable or invalid.
Notes:
1. Enacted by Laws 1989, c. 234, sections 1 - 4. "This act" in Laws 1989 c. 234 consists of the enactment of RCW 4.24.500, 4.24.510, and 4.24.520, and a vetoed section.
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