PS 101 – Chapter 5 – Article 3 – On a City – Training 4 Private Investigators and Process Servers

RCW 4.28.080(2)

If against any town or incorporated city in the state, to the mayor, city manager, or, during normal office hours, to the mayor’s or city manager’s designated agent or the city clerk thereof.

Over the second half of the 20th century, cities began to operate under a variety of different systems of government. Today, some cities have full time mayors, some have part time mayors, and some have ceremonial mayors.

City managers can also be full time or part time and some manage the affairs of more than one city. Some cities have both mayors and city managers. Fortunately, the statute does not differentiate between the various flavors of mayors and managers.

If the city has a mayor then the city can be served by presenting the summons to him or her. If the city has a city manager then the city can be served by presenting the summons to him or her. If the city has both then service can be obtained by presentation to either one of them.

There is no time, day, or location restriction on when or where the summons may be presented to either one of them.

The statute then goes on to provide a couple of options for obtaining service on a city. Should the city’s mayor or manager so choose, he or she can appoint a “designated agent” to receive the summons. When this agent is presented with the summons, “during normal office hours”, service on the city is obtained. The designation should have been made in writing and a professional process server should ask for a copy of it at the time of service.

Some mayors and city managers make these appointments but many do not. Some cities, especially where the mayor or city manager was formerly an attorney or process server, will provide lists of these appointments to known local process servers.

Finally, the statute allows for service by presentation to the city clerk, again during normal office hours. All cities have a city clerk or they have a position, though called something else, which has the duties of a city clerk. For instance, the City of Bellingham has assigned the duties of the City Clerk to their Finance Director.

Caution should be taken if you are told that someone, not fitting one of the positions named by the statute, has been “authorized” to accept service on behalf of a city. For instance, a City Clerk could write a letter designating a subordinate to accept service. But the statute does not allow for the City Clerk to make such a designation. The city, in an attack on the service, could argue convincingly that the legislative intent of the statute is clear, that a mayor or city manager may designate someone but the City Clerk may not.

Service Instructions Summary

Present documents to:

	Who	When & Where
1.	The mayor	Anytime Anywhere
2.	The city manager	Anytime Anywhere
3.	The mayor’s or city manager’s designated agent*	During normal office hours – Anywhere
4.	The city clerk**	During normal office hours – Anywhere

*Obtain a copy of the designation by the mayor or city manager if possible.

**Not all cities have a position titled “city clerk” but they will have someone who is vested with the duties of that position.

NOTE: Mayors and city managers may designate an agent but city clerks may not.

NOTE: Extreme caution should be used if someone, not fitting these descriptions, says they have been “authorized” to accept service.

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