RCW 42.52.460
Citizen actions.
Any person who has notified the appropriate ethics board and the attorney general in writing that there is reason to believe that RCW 42.52.180 is being or has been violated may, in the name of the state, bring a citizen action for any of the actions authorized under this chapter. A citizen action may be brought only if the appropriate ethics board or the attorney general have failed to commence an action under this chapter within forty-five days after notice from the person, the person has thereafter notified the appropriate ethics board and the attorney general that the person will commence a citizen's action within ten days upon their failure to commence an action, and the appropriate ethics board and the attorney general have in fact failed to bring an action within ten days of receipt of the second notice. An action is deemed to have been commenced when the appropriate ethics board or the board's executive director accepts a complaint for filing and initiates a preliminary investigation.
If the person who brings the citizen's action prevails, the judgment awarded shall escheat to the state, but the person shall be entitled to be reimbursed by the state of Washington for costs and attorneys' fees incurred. If a citizen's action that the court finds was brought without reasonable cause is dismissed, the court may order the person commencing the action to pay all costs of trial and reasonable attorneys' fees incurred by the defendant.
Upon commencement of a citizen action under this section, at the request of a state officer or state employee who is a defendant, the office of the attorney general shall represent the defendant if the attorney general finds that the defendant's conduct complied with this chapter and was within the scope of employment.
[ 2013 c 190 § 5; 1994 c 154 § 216.]
NOTES:
Finding—2013 c 190: See note following RCW 42.52.410.
Structure Revised Code of Washington
Title 42 - Public Officers and Agencies
Chapter 42.52 - Ethics in Public Service.
42.52.020 - Activities incompatible with public duties.
42.52.030 - Financial interests in transactions.
42.52.040 - Assisting in transactions.
42.52.050 - Confidential information—Improperly concealed records.
42.52.060 - Testimony of state officers and state employees.
42.52.070 - Special privileges and exemptions—Application of section to legislature.
42.52.080 - Employment after public service.
42.52.090 - Limited assistance by former state officers and employees.
42.52.110 - Compensation for official duties or nonperformance.
42.52.120 - Compensation for outside activities.
42.52.150 - Limitations on gifts.
42.52.160 - Use of persons, money, or property for private gain.
42.52.170 - Giving, paying, loaning, etc., any thing of economic value to state employee.
42.52.180 - Use of public resources for political campaigns.
42.52.185 - Restrictions on mailings by legislators.
42.52.310 - Legislative ethics board.
42.52.320 - Authority of legislative ethics board.
42.52.340 - Transfer of jurisdiction.
42.52.350 - Executive ethics board.
42.52.360 - Authority of executive ethics board.
42.52.365 - Executive branch agencies—Ethics advisors—Ethics training.
42.52.370 - Authority of commission on judicial conduct.
42.52.380 - Political activities of board members.
42.52.390 - Hearing and subpoena authority.
42.52.400 - Enforcement of subpoena authority.
42.52.410 - Filing complaint—Whistleblower protection—Penalty for reprisal or retaliation.
42.52.425 - Dismissal of complaint.
42.52.430 - Public hearing—Findings.
42.52.450 - Complaint against legislator or statewide elected official.
42.52.470 - Referral for enforcement.
42.52.490 - Action by attorney general.
42.52.500 - Optional hearings by administrative law judge.
42.52.510 - Rescission of state action.
42.52.520 - Disciplinary action.
42.52.530 - Additional investigative authority.
42.52.540 - Limitations period.
42.52.550 - Compensation of ethics boards.
42.52.575 - Information about scholarship opportunities.
42.52.801 - Exemption—Solicitation to promote tourism.
42.52.8021 - Exemption—Solicitation for Washington state flag account.
42.52.8022 - Exemption—Informational or educational meetings regarding legislative issues.
42.52.8023 - Exemption—Gina Grant Bull memorial legislative page scholarship account.
42.52.8024 - Exemption—Rosa Franklin legislative internship program scholarship.
42.52.803 - Exemption—Solicitation for legislative oral history account.
42.52.804 - Exemption—Health profession board or commission—Professional opinions.
42.52.810 - Solicitation for the legislative international trade account—Report.
42.52.820 - Solicitation for hosting national legislative association conference.
42.52.821 - Exemption—Solicitation to host conference of a national association.
42.52.900 - Legislative declaration.
42.52.901 - Liberal construction.
42.52.903 - Serving on board, committee, or commission not prevented.
42.52.904 - Effective date—1994 c 154.
42.52.906 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.