_______________________________________________
HOUSE
BILL 1384
_______________________________________________
Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 01/27/93. Referred to Committee on Education.
Changing provisions relating to the permissibility of contracts between
municipal officers and their spouses in cases where the spouse is a
certificated or classified school district employee or a substitute teacher.
AN ACT Relating to school district employment
contracts; and amending RCW 42.23.030.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 42.23.030 and 1991 c 363 s 120 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 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 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 ((second class)) school
district ((in which less than five 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 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.
