Chapter 2.06
MEDICAL EXAMINER
Sections:
ARTICLE I. DUTIES AND ADMINISTRATION
2.06.020 Duties – Administrative.
2.06.040 Personal property – Sheriff’s duty.
2.06.050 Personal property – Filing of duplicate lists.
2.06.060 Personal property – Delivery to county treasurer.
2.06.080 Appointment of interim medical examiner.
2.06.090 Reference to county coroner.
2.06.095 Medical examiner advisory council.
ARTICLE II. DISPOSITION OF INDIGENT HUMAN REMAINS
2.06.100 Administration of article.
2.06.110 Acceptance of responsibility.
2.06.120 Provision of cremation at county expense.
2.06.130 Disposition of remains.
2.06.140 Payment for cremation of remains.
Article I. Duties and Administration
2.06.010 Appointment.
The county medical examiner shall be appointed by the county executive from applicants approved by the Whatcom County Medical Society and the county sheriff and shall be confirmed by the county council. The medical examiner shall have an M.D. or D.O. degree and be licensed to practice medicine in the state of Washington. (Ord. 2024-078 Exh. A; Ord. 79-24 § 1).
2.06.020 Duties – Administrative.
The medical examiner shall be responsible for the administration and staffing of the office as the department head. It is the responsibility of the director to hire department staff in accordance with the personnel policies and procedures of the county and any other applicable laws and regulations. The director shall collaborate on an ongoing basis with stakeholders, including law enforcement, impacted families, the medical community, court systems, grief support providers, and others to support the best interests of the community. (Ord. 2024-078 Exh. A; Ord. 92-42 (part); Ord. 79-24 § 2).
2.06.030 Duties – Specific.
The medical examiner shall assume jurisdiction over human remains, perform autopsies, and perform such other functions as are authorized by Chapter 68.09 RCW except for those duties and functions relating to the personal property of the deceased as delineated by RCW 36.24.130 and 68.08.040, and shall be authorized to institute such other procedures and/or policies to insure investigation into the death of persons coming under the jurisdiction of the medical examiner, including, but not limited to, the holding of an inquest pursuant to Chapter 36.24 RCW and other relevant statutes in the state of Washington. (Ord. 2024-078 Exh. A; Ord. 79-24 § 3).
2.06.040 Personal property – Sheriff’s duty.
The duties and functions relating to the personal property of the deceased referred to above shall be the responsibility of the Whatcom County sheriff’s office or its designee. Nothing contained in this chapter shall alter the duties as outlined by state law of the county treasurer in regards to such personal property. (Ord. 2024-078 Exh. A; Ord. 91-067; Ord. 79-24 § 4).
2.06.050 Personal property – Filing of duplicate lists.
Duplicate lists of all jewelry, moneys, papers and other personal property of the deceased shall be made immediately upon finding the same by the county sheriff. The original of such lists shall be kept as a public record at the sheriff’s office and the duplicate thereof shall be forthwith duly certified to by the sheriff and filed with the county auditor. (Ord. 2024-078 Exh. A; Ord. 79-24 § 5).
2.06.060 Personal property – Delivery to county treasurer.
The county sheriff must, within 30 days after the inquest upon a dead body, deliver to the county treasurer any money or other property which may be found upon the body, unless such money or other property is claimed in the meantime by the legal representatives of the deceased. If he fails to do so, the treasurer may proceed against the county sheriff to recover the same by civil action in the name of the county. (Ord. 2024-078 Exh. A; Ord. 79-24 § 6).
2.06.070 Required notice.
The notice required by RCW 68.08.020 shall be given to the medical examiner. (Ord. 2024-078 Exh. A; Ord. 79-24 § 7).
2.06.080 Appointment of interim medical examiner.
In the event the appointed position of medical examiner becomes vacant, the county executive may appoint an interim medical examiner, until such time as a medical examiner can be appointed consistent with this section. The county executive may contract for forensic pathology services if necessary for the interim medical examiner’s fulfillment of statutory mandated duties. Such interim appointment may be effective prior to review and confirmation described in WCC 2.06.010. (Ord. 2024-078 Exh. A).
2.06.090 Reference to county coroner.
State laws which apply or refer to the office of county coroner shall hereafter apply to the medical examiner, and the medical examiner shall have those powers, duties, and functions as provided by state law except as otherwise provided for in this chapter. (Ord. 2024-078 Exh. A; Ord. 79-24 § 8. Formerly 2.06.080).
2.06.095 Medical examiner advisory council.1
A. The Whatcom County medical examiner advisory council is hereby formed for the following purposes:
1. To review the medical examiner’s policies and procedures;
2. To review the performance of the medical examiner and make annual written reports to the county council and executive;
3. To report to the county and medical examiner the various jurisdictional needs for the medical examiner function.
B. The advisory council shall be comprised of the following members:
1. Whatcom County executive;
2. Whatcom County prosecuting attorney;
3. Whatcom County sheriff;
4. Whatcom County health officer;
5. Board-certified forensic pathologist;
6. City of Bellingham police chief;
7. Police chief of another city in Whatcom County.
C. The board-certified forensic pathologist member shall be recommended by the medical examiner and approved by the medical examiner advisory council membership. The police chief position from a city other than Bellingham shall be selected by the cities’ police chiefs and rotated periodically.
D. The advisory council shall meet at least once a year to review the medical examiner function. A majority of five members of the council may call for a special meeting, if necessary. (Ord. 2024-078 Exh. A; Ord. 2016-021 Exh. A; Ord. 92-42 (part). Formerly 2.06.090).
Article II. Disposition of Indigent Human Remains
2.06.100 Administration of article.
The county medical examiner, as provided in RCW 68.50.010, shall have responsibility for accepting jurisdiction for the remains of a person that are unclaimed by friends or relatives. Whenever friends, a church organization or appropriate relatives, who have legal responsibility for disposing of the remains, as identified in RCW 68.50.160, claim the body, Whatcom County will not accept jurisdiction or financial responsibility for disposition. (Ord. 93-053 § 1).
2.06.110 Acceptance of responsibility.
The county medical examiner, with assistance from the county sheriff’s department and/or other law enforcement agencies shall attempt to notify friends, relatives or religious organizations that may desire to claim the remains of an unclaimed body and provide for disposition. If no friends, relatives or church organization can be found to claim the body, the medical examiner shall accept jurisdiction. (Ord. 93-053 § 2).
2.06.120 Provision of cremation at county expense.
The county medical examiner, after accepting jurisdiction for indigent unclaimed human remains, shall arrange for the transportation and cremation of such remains at county expense. (Ord. 93-053 § 3).
2.06.130 Disposition of remains.
The county medical examiner shall provide for the disposition of the ashes of the cremated indigent remains in a common vault designed for such or may release them to friends or relatives. (Ord. 93-053 § 4).
2.06.140 Payment for cremation of remains.
Whenever the medical examiner accepts jurisdiction of unclaimed indigent human remains and authorizes cremation, the organization conducting the cremation shall bill the medical examiner, who will approve the payment and forward the invoice to the county auditor for warrant preparation. (Ord. 93-053 § 5).
Code reviser’s note: Ord. 2024-078 renumbers this section from 2.06.090 to 2.06.100. It has been editorially changed to 2.06.095 to prevent duplication of numbering.