Shea, 020514 WAAGO, AGO 2014-3

• Case Date: February 05, 2014
• Court: Washington

The Honorable Matt Shea AGO 2014-3 No. 2014-3 Washington Attorney General Opinions Attorney General of Washington February 5, 2014          The Honorable Matt Shea          State Representative, District 4          PO Box 40600          Olympia, WA 985o4-0600          Dear Representative Shea:          By letter previously acknowledged, you have requested our opinion on a question we have paraphrased as follows:          Does RCW 38.52.180(3)(d) or (f) provide immunity from civil liability to a nonprofit corporation or          BRIEF ANSWER          The immunity afforded by RCW 38.52.180(3)(d) or (f) extends only to organizations that either directly employ the covered volunteer emergency workers or are local or joint local organizations for emergency management. The answer to your question therefore depends upon the facts applicable to any particular organization, but an organization's decision to sponsor a team of its members to serve as covered volunteer emergency workers does not, by itself, qualify the organization for the immunity offered by RCW 38.52.180(3)(d) or (f).          BACKGROUND          The Washington State Military Department administers Washington State's comprehensive emergency management program. RCW 38.52.005. This program includes "the preparation for and the carrying out of all emergency functions ... to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural, technological, or human caused, and to provide support for search and all rescue operations for persons and property in distress." RCW 38.52.010(1).          As part of this emergency management program, the legislature has "authorized and directed" "[e]ach political subdivision of this state" "to establish a local organization or to be a member of a joint local organization for emergency management in accordance with the state comprehensive emergency management plan and program[.]" RCW 38.52.070 (1). Political subdivisions are counties, cities, and towns. RCW 38.52.010(3). One of the roles served by such local organizations is registering emergency workers "for the purpose of engaging in authorized emergency management activities[.]" RCW 38.52.010(4).          Under RCW 38.52.180(3), the following individuals and entities are immune from liability for civil damages resulting from the acts or omissions...