Featured Inquiry (02/01/08)

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Question

Request for information regarding the process of a councilmember or commissioner "recusing" himself from a council/commission meeting.

Answer

There is no specific process in state law regarding a councilmember or commissioner recusing himself from a matter, though the appearance of fairness doctrine in chapter 42.36 RCW discusses when a decision-maker is not disqualified from participating in a quasi-judicial matter based on the doctrine.

In general, recusal is warranted when an elected official has a financial conflict of interest regarding a matter on which he or she is called upon to vote, or in a quasi-judicial matter where an elected official's participation may result in an appearance of fairness violation. Accordingly, some city and county codes have provisions that call for recusal in such situations, either in an ethics code or in quasi-judicial hearing procedures or in council or board procedures. Of course, some codes do not directly address the issue.

Recusal from an entire non-quasi-judicial meeting may or may not be required depending upon the circumstances. A quasi-judicial hearing, however, is another matter - recusal, when called for, is from the entire hearing process.

The duty of recusal is typically on the particular elected official, though there is nothing that prohibits another official or even an audience member from suggesting recusal; some city code provisions on this issue authorize the council to vote and require recusal in certain circumstances. In the appearance of fairness context, the request for recusal often comes from an opponent of a proposed quasi-judicial matter.

Here are some city council rules of procedure that address recusal:

• City of Port Townsend, City Council Rules of Procedure, Rule Nos. 3.6(g) and 6.1(c)
• City of Bothell, City Council Protocol Manual, Rules 6.01 and 9.15

The following are city and county code provisions that address the issue:

• City of Spokane Municipal Code, Sec. 4.01.050
• City of Bonney Lake Municipal Code, Sec. 2.04.700(b)
• Issaquah Municipal Code, Sec. 2.06.110
• Redmond Municipal Code Sec. 2.04.150
• Whatcom County Code, Sec. 2.104.060 (Duty to recuse)

Many cities and counties that have hearing examiner systems have a provision for recusal of the hearing examiner in conflict or appearance of fairness situations. For example, see Fife Municipal Code, Sec. 2.92.090.

Some cities and counties have similar provisions regarding planning commissions; see, e.g., University Place Municipal Code, Sec. 2.25.110.