HomeMy WebLinkAboutPowerpoint re Conflict of Interest1
August 22, 2022
PRESENTATION
Philip C. Hunsucker, Chief Civil DPA
CONFLICT OF INTEREST
August 22, 2022
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Background
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CONFLICT OF INTEREST PRESENTATION
Assignments are made in an open public meeting.Commissioners Receive No Financial Compensation from the Assigned Entity.
Commissioners are assigned to serve on the boards of various governmental entities or nonprofits.The is a list of assignments that can be viewed on the County web site.
Background
August 22, 2022
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CONFLICT OF INTEREST PRESENTATION
Background
August 22, 2022
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CONFLICT OF INTEREST PRESENTATION
Background
August 22, 2022
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Chapter 42.23 RCW
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RCW 42.23.050
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CONFLICT OF INTEREST PRESENTATION
“Any officer violating the provisions of this chapter is liable to the municipality of which he or she is an officer for a penalty in the amount of five hundred dollars, in addition
to such other civil or criminal liability or penalty as may otherwise be imposed upon the officer by law.”
“Any contract made in violation of the provisions of this chapter is void and the performance thereof, in full or in part, by a contracting party shall not be the basis of any claim
against the municipality.”“In addition to all other penalties, civil or criminal, the violation by any officer of the provisions of this chapter may be grounds for forfeiture of his
or her office.”
Three Possible Consequences of a Violation
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by the
apply in the following cases:
not
under the contract or contracts
This section shall
therein.
does not exceed one thousand five hundred dollars in any
, directly or indirectly, in any contract which may be made by,
CONFLICT OF INTEREST PRESENTATION
any compensation, gratuity or reward in connection with such
in which the total amount received
Exceptions.
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beneficially interested
beneficially interested
. A municipal officer may not vote in the authorization, approval, or ratification of a contract in
from any other person
42.23.030
What is Prohibited? RCW 42.23.030 RCW Interest in contracts prohibitedNo municipal officer shall be through or under the supervision of such officer, in whole or in part, or which may
be made for the benefit of his or her office, or accept, directly or indirectly, contract(6)(a) The letting of any other contract municipal officer or the municipal officer's businesscalendar
monthwhich he or she is beneficially interested even though one of the exemptions allowing the awarding of such a contract applies. The interest of the municipal officer must be disclosed
to the governing body of the municipality and noted in the official minutes or similar records of the municipality before the formation of the contract.
August 22, 2022
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and the performance
RCW 42.23.050
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CONFLICT OF INTEREST PRESENTATION
Penalties for violation of chapter.
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Any officer violating the provisions of this chapter is liable to the municipality of which he
42.23.050
Any contract made in violation of the provisions of this chapter is voidIn addition to all other penalties, civil or criminal, the violation by any officer of the provisions of
RCWProhibited contracts voidthereof, in full or in part, by a contracting party shall not be the basis of any claim against the municipality. or she is an officer for a penalty in the
amount of five hundred dollars, in addition to such other civil or criminal liability or penalty as may otherwise be imposed upon the officer by law.this chapter may be grounds for
forfeiture of his or her office.
Three Possible Consequences of a Violation
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Id.
. App. at 868, 920
Wn
CONFLICT OF INTEREST PRESENTATION
and cannot be read to apply to the
applies only to municipal contracts
. App. 865, 920 P.2d 222 (1996)
Wn
Id.
, 82
“RCW 42.23.030 involving business transactions, employment matters and other financial interestscontract here, which conferred no financial benefit.”
42.23 does not define beneficial interest.” 82
“Because the exceptions to the general rule prohibiting a municipal officer from having a beneficial interest in certain municipal contracts all involve business transactions or employment
matters, we conclude the Legislature intended the term beneficial interest under the general rule to encompass the same thing.”
ch.
“RCW P.2d at 223.
Barry v. Johns
August 22, 2022