H-3776              _______________________________________________

                                                   HOUSE BILL NO. 1890

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representative Walk

Read first time 1/29/88 and referred to Committee on Local Government.

AN ACT Relating to the code of ethics for municipal officers; amending RCW 42.36.080 and 42.36.090; adding a new section to chapter 42.23 RCW; and adding a new section to chapter 42.36 RCW.

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:

          When a municipality is governed by a body consisting of three members, no person may hold office as a member of that governing body if his or her spouse also holds office as a member of the same governing body.

NEW SECTION. Sec. 2.  A new section is added to chapter 42.36 RCW to read as follows:

          It is a violation of the appearance of fairness doctrine for two members of the same marital community to serve on the same governing body of municipality, as defined in RCW 42.23.020, when the governing body consists of three members.  RCW 42.36.090 shall not apply to a violation of this section, and no member of a marital community may cure the violation by disclosure of the basis for disqualification.

        Sec. 3.  Section 8, chapter 229, Laws of 1982 and RCW 42.36.080 are each amended to read as follows:

          Anyone seeking to rely on the appearance of fairness doctrine to disqualify a member of a decision-making body from participating in a decision must raise the challenge as soon as the basis for disqualification is made known to the individual.  Where the basis is known or should reasonably have been known prior to the issuance of a decision and is not raised, it may not be relied on to invalidate the decision unless the violation is of section 1 or 2 of this 1988 act.

        Sec. 4.  Section 9, chapter 229, Laws of 1982 and RCW 42.36.090 are each amended to read as follows:

          In the event of a challenge to a member or members of a decision-making body which would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member or members publicly disclose the basis for disqualification prior to rendering a decision.  Such participation shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine.  This section shall not apply to a violation of section 1 of this 1988 act.

NEW SECTION. Sec. 5.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.