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HomeMy WebLinkAboutJefferson County Coroner Workshop JEFFERSON COUNTY CORONER WORKSHOP Coroner Duty Discussion Background: Brief discussion of current coroner duties RCW changes Attorney General opinion Options for BoCC consideration Budget Timeline Questions Jefferson County Prosecuting Attorney as Coroner The Prosecuting Attorney has served as the coroner in counties with populations of less than 40,000 people since 1925 per RCW 36.16.030. RCW 36.16.030. Elective county officers enumerated [excerpt]. Except as provided elsewhere in this section, in every county there shall be elected from among the qualified voters of the county a county assessor, a county auditor, a county clerk, a county coroner, three county commissioners, a county prosecuting attorney, a county sheriff, and a county treasurer, except that in each county with a population of less than forty thousand no coroner shall be elected and the prosecuting attorney shall be ex officio coroner. RCW 36.16.030 2021 Amendments In 2021, Engrossed Substitute House Bill 1326, 67th Leg., Reg. Sess. (Wash. 2021) amended RCW 36.16.030 to provide an expiration date for the current requirements relating to county coroners and to provide new requirements effective January 1, 2025. Beginning January 1, 2025, in counties with populations of less than 40,000, the coroner will either be elected or be appointed by the county legislative authority. RCW 36.16.030 does not address whom the county may appoint as county coroner. RCW 36.16.030 Effective January 1, 2025 In every county there shall be elected from among the qualified voters of the county a county assessor, a county auditor, a county clerk, a county coroner, three county commissioners, a county prosecuting attorney, a county sheriff, and a county treasurer, except that in each county with a population of less than forty thousand the county legislative authority may determine that no coroner shall be elected and instead appoint a coroner. In a county with a population of two hundred fifty thousand or more, the county legislative authority may replace the office of coroner with a medical examiner system and appoint a medical examiner as specified in RCW 36.24.190. Any county may enter into an interlocal agreement under chapter 39.34 RCW with an adjoining county for the provision of coroner or medical examiner services. A noncharter county may have five county commissioners as provided in RCW 36.32.010 and 36.32.055 through 36.32.0558. Attorney General Opinion AGO 2024 No.03 Attorney General Opinions answer broad legal questions and are not intended to resolve any particular case. This opinion expresses no view on what the remedy should be, if any, if the principles discussed here were not followed in a particular case. Such issues are beyond the scope of this opinion and might turn on a variety of facts specific to the case. Based on RCW 36.16.030 and RCW 36.24.170, we conclude that in a county with a population of less than 40,000, a prosecuting attorney may not act as coroner after January 1, 2025. In the absence of the statutory requirement for the prosecuting attorney to act as coroner, statutory prohibitions on coroners practicing law would preclude the prosecuting attorney from performing both roles. Options for BoCC Consideration Establish the Office of the Coroner and conduct an election. This would be time consuming and elected coroners frequently are not qualified to perform the duties of the office. In addition, what would the compensation for the elected coroner be –same as our other elected officials? This would an expensive option. Appoint Mr. David Bradley, who owns Bradley-Kosec funeral home, which we already contract with for help with deceased people, as the county coroner. This could be a quick, simple and low cost option. Mr. Bradley has been contacted regarding his interest in this option and engaged in the discussion. Bradley-Kosac is the only funeral home within Jefferson County. Contract with either Kitsap or Clallam county to provide these services. This is a complicated arrangement due to the geographic separation between our county and the others. Recommendation Appoint Mr. David Bradley, who owns Bradley-Kosec funeral home, which we already contract with for help with deceased people, as the county coroner. This could be a quick, simple and low cost option. Role of PAO with this option: Support staff in PAO serve as Deputy Coroners and continue to provide the administrative functions. If criminal investigation occurs concurrently, PAO will be involved and consult with officers. Budget Any adjustments that need to be made? Absorb the cost? Current costs in Coroner Budget: Training, travel and office supplies; We are currently contracted to pay Bradley-Kosac’s $12,000 annually per last contract; Support for the position; and Autopsy costs –ILA with Kitsap County Medical Examiner. Timeline If moving forward with the appointment of a coroner, adopt an ordinance effective December 16, 2024. Comply with Chapter 2.55 JCC  Questions?