AN ACT Relating to
contract restrictions for first class school districts; and reenacting and
amending RCW 42.23.030.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 42.23.030 and 1994 c
81 s 77 and 1994 c 20 s 1 are each reenacted and 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 with a population of ten thousand or more, or 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 second 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: PROVIDED FURTHER, that in the case of
a first class school district, there shall be notice of the proposed contract
by publication given in one or more newspapers of general circulation within the
district;
(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.
