Brief Description: Prohibiting municipal officers from being beneficially interested in legal services contracts made by, through, or under the supervision of the officer.

Sponsors: By House Committee on Local Government (originally sponsored by Representatives Simpson, Curtis, Sells, Walsh, Buri, B. Sullivan, Ericks, Ormsby and Moeller).

House Committee on Local Government
Senate Committee on Government Operations & Elections

Background:

State statute prohibits a municipal officer from having a beneficial interest, whether direct or indirect, in any public contract that he or she is involved in creating. In addition, a municipal officer is prohibited from receiving any compensation in connection with such a contract from any other person with a beneficial interest. A "municipal officer" is broadly defined to include any elected or appointed officer of a local government, district, or municipal corporation, or any deputy or assistant to such officer, and all persons undertaking the exercise of the powers or functions of a municipal officer.

Exceptions are made to this general prohibition with respect to certain contractual arrangements meeting specified criteria, including but not limited to the following:

• leasing arrangements made by port districts;
• specified contracts involving payment of not more than $1,500 per month;
• certain employment contracts involving wages of not more than $200 per month;
• the designation of a school director to act as clerk or purchasing agent for a school district; and
• specified substitute teaching contracts.

Summary:

Municipal officers are prohibited from having a beneficial interest in a contract for legal services related to his or her office, if he or she was involved in creating the contract or receives compensation from another person with a beneficial interest in such contract. However, a municipal officer may receive reimbursement for expenditures related to a legal services contract.

Votes on Final Passage:

House   95   0
Senate   48   0   (Senate amended)
House   98   0   (House concurred)

Effective: July 22, 2007