Inquiry of the Week (5/24/99)

Did the 1999 legislature make changes to the statutes on conflicts of interest?

Answer:

Yes, the legislature amended RCW 42.23.030, relating to the exemptions to the prohibition on municipal officers being financially interested in contracts with their municipality. The monetary exemptions, which apply to cities under 10,000 and counties under 125,000 population, are now based on the amount that the municipal officer actually receives under the contract. Previously, the monetary measurement of the exemptions was based on the total amount of the contract, regardless of the amount the officer actually received. The monetary exemption was increased from $750 a month to $1500 a month. For cities under 10,000 population, the amount received under the contract may exceed that monthly amount but may not exceed $18,000 in a calendar year, up from $9000.

Note that the legislature did not change the population threshold under which these exemptions apply. The statutory language was amended to make it clearer that the exemptions do not apply to officers in cities of 10,000 population or more and in counties of 125,000 population or more; they are absolutely prohibited from having any interest in contracts with their jurisdictions.

Also, the legislature increased the penalty for violation of the conflict of interest prohibition from $300 to $500, but it made forfeiture of office discretionary, rather than mandatory.

These changes become effective on July 25, 1999. See Chapter 261, Laws of 1999.