Featured Inquiry (12/25/06)

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Question

Do the provisions in Chapter 42.23 RCW relating to prohibited contract interests apply to contracts entered into before a councilmember was on the council?

Answer

No. This conclusion is supported by language in AGLO 1970 No. 89 which provides:

The key phrase in RCW 42.23.030, pertinent to your inquiry, describes as prohibited those contracts which "...may be made by, through or under the supervision of such officer, in whole or in part,..." This statute does not in express terms declare illegal or void any contract which preexisted the appointment or election of the officer to his position of conflict...

So the prohibition does not appear to apply if the contract was entered into prior to the person assuming the office of councilmember.