AN ACT Relating to municipal employees; amending RCW 42.21.020; adding a new section to chapter 42.23 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 42.23 RCW to read as follows:

(1) No former municipal employee may at any time subsequent to his or her municipal employment assist another person, whether or not for compensation, in any transaction involving the municipality in which the former municipal employee at any time participated during municipal employment. This subsection shall not be construed to prohibit any employee or officer of a municipal employee organization from rendering assistance to municipal employees in the course of employee organization business.

(2) No former municipal employee may share in any compensation received by another person for assistance that the former municipal employee is prohibited from rendering under subsection (1) of this section. This subsection shall not apply to former municipal employees who were required by statute to have been active members of the state bar association and subject to the code of professional responsibility.

(3) No former municipal employee may, within a period of one year from the date of termination of municipal employment, accept employment or receive compensation from any private business if (a) the municipal employee, during the two years immediately preceding termination of municipal employment, was engaged in the negotiation or administration on behalf of the municipality or agency of one or more contracts with that private business and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration; (b) such a contract or contracts have a total value of more than ten thousand dollars; and (c) the duties of the employment by the private business or the activities for which the compensation would be received from the private business include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This subsection shall not be construed to prevent a municipal employee from accepting employment with a municipal employee organization.

(4) No former municipal employee may accept an offer of employment or receive compensation from any private business if the municipal employee knows or has reason to believe that the offer of employment or compensation was intended, in whole or in part, directly or indirectly, as compensation or reward for the performance or nonperformance of a duty by the municipal employee during the course of municipal employment.

(5) For the purposes of this section, the term "private business" includes any natural person, partnership, association, or corporation of any kind or description that is engaged in business activity in this state or elsewhere. If any natural person, closely associated or related group of natural persons, partnership, or corporation owns or controls two or more businesses, all of the businesses owned or controlled shall be defined as a single private business for the purposes of this section. The term "private business," for purposes of this section, does not include a "successor organization" as defined under RCW 27.26.010.

(6) This section shall not be construed to prevent a former municipal employee from rendering assistance to others if the assistance is provided without compensation in any form and is limited to one or more of the following:

(a) Providing the names, addresses, and telephone numbers of municipal agencies or municipal employees;

(b) Providing free transportation to another for the purpose of conducting business with a municipal agency;

(c) Assisting a natural person or nonprofit corporation in obtaining or completing application forms or other forms required by a municipal agency for the conduct of a municipal business; or

(d) Providing assistance to the poor and infirm.

Sec. 2. RCW 42.21.020 and 1989 c 175 s 93 are each amended to read as follows:

"Public official" means every person holding a position of public trust in or under an executive, legislative, or judicial office of the state, political subdivision, or municipality in this state and includes judges of the superior court, district court, municipal court, the court of appeals, and justices of the supreme court, members of the legislature ((~~together with~~)), the secretary and sergeant at arms of the senate and the clerk and sergeant at arms of the house of representatives, elective and appointive ((~~state~~)) officials, and such employees of the supreme court, of the legislature, and of the state ((~~offices as~~)), political subdivisions, or municipalities in this state who are engaged in supervisory, policy making, or policy enforcing work.

"Candidate" means any individual who declares himself to be a candidate for an elective office and who if elected thereto would meet the definition of public official herein set forth.

"Regulatory agency" means any state board, commission, department, or officer authorized by law to make rules or to conduct adjudicative proceedings except those in the legislative or judicial branches.

NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.