_______________________________________________
SUBSTITUTE HOUSE BILL 2428
_______________________________________________
Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 02/02/94.
Allowing spouses of officers of
school districts to be under contract as a certificated or classified employee.
AN ACT Relating to
school district employees; and amending RCW 42.23.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 42.23.030 and 1993 c
308 s 1 are each amended to read as follows:
No municipal officer
shall be beneficially interested, directly or indirectly, in any contract which
may be made by, through or under the supervision of such officer, in whole or
in part, or which may be made for the benefit of his or her office, or accept,
directly or indirectly, any compensation, gratuity or reward in connection with
such contract from any other person beneficially interested therein. This
section shall not apply in the following cases:
(1) The furnishing of
electrical, water or other utility services by a municipality engaged in the
business of furnishing such services, at the same rates and on the same terms
as are available to the public generally;
(2) The designation of
public depositaries for municipal funds;
(3) The publication of
legal notices required by law to be published by any municipality, upon
competitive bidding or at rates not higher than prescribed by law for members
of the general public;
(4) The designation of a
school director as clerk or as both clerk and purchasing agent of a school
district;
(5) The employment of
any person by a municipality, other than a county with a population of one
hundred twenty-five thousand or more, a city of the first or second class, an
irrigation district encompassing in excess of fifty thousand acres, or a first
class school district, for unskilled day labor at wages not exceeding one
hundred dollars in any calendar month;
(6) The letting of any
other contract (except a sale or lease as seller or lessor) by a municipality,
other than a county with a population of one hundred twenty-five thousand or
more, a city of the first or second class, an irrigation district encompassing
in excess of fifty thousand acres, or a first class school district: PROVIDED,
That the total volume of business represented by such contract or contracts in
which a particular officer is interested, singly or in the aggregate, as
measured by the dollar amount of the municipality's liability thereunder, shall
not exceed seven hundred fifty dollars in any calendar month: PROVIDED
FURTHER, That in the case of a particular officer of a third class city or
town, or a noncharter optional code city, or a member of any county fair board
in a county which has not established a county purchasing department pursuant
to RCW 36.32.240, the total volume of such contract or contracts authorized in
this subsection may exceed seven hundred fifty dollars in any calendar month
but shall not exceed nine thousand dollars in any calendar year: PROVIDED
FURTHER, That there shall be public disclosure by having an available list of
such purchases or contracts, and if the supplier or contractor is an official
of the municipality, he or she shall not vote on the authorization;
(7) The leasing by a
port district as lessor of port district property to a municipal officer or to
a contracting party in which a municipal officer may be beneficially
interested, if in addition to all other legal requirements, a board of three
disinterested appraisers, who shall be appointed from members of the American
institute of real estate appraisers by the presiding judge of the superior court
in the county where the property is situated, shall find and the court finds
that all terms and conditions of such lease are fair to the port district and
are in the public interest;
(8) The letting of any employment
contract for the driving of a school bus in a second class school district:
PROVIDED, That the terms of such contract shall be commensurate with the pay
plan or collective bargaining agreement operating in the district;
(9) The letting of any employment
contract to the spouse of an officer of a second class school district in which
less than two hundred full time equivalent students are enrolled at the start
of the school year as defined in RCW 28A.150.040, when such contract is solely
for employment as a certificated or classified employee of the school district,
or the letting of any contract to the spouse of an officer of a school
district, when such contract is solely for employment as a substitute teacher
for the school district: PROVIDED, That the terms of such contract shall be
commensurate with the pay plan or collective bargaining agreement applicable to
all district employees and the board of directors has found, consistent with
the written policy under RCW 28A.330.240, that there is a shortage of
substitute teachers in the school district;
(10) The
letting of any employment contract to the spouse of an officer of a school
district if the spouse was under contract as a certificated or classified
employee with the school district before the date in which the officer assumes
office: PROVIDED, That the terms of such contract shall be commensurate with
the pay plan or collective bargaining agreement operating in the district.
