42.23.040 - Remote interests. - Washington Statutes

Remote interests.

A municipal officer is not interested in a contract, within the meaning of RCW 42.23.030, if the officer has only a remote interest in the contract and the extent of the interest is disclosed to the governing body of the municipality of which the officer is an officer and noted in the official minutes or similar records of the municipality prior to the formation of the contract, and thereafter the governing body authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer having the remote interest. As used in this section "remote interest" means:

     (1) That of a nonsalaried officer of a nonprofit corporation;

     (2) That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary;

     (3) That of a landlord or tenant of a contracting party;

     (4) That of a holder of less than one percent of the shares of a corporation or cooperative which is a contracting party.

     None of the provisions of this section are applicable to any officer interested in a contract, even if the officer's interest is only remote, if the officer influences or attempts to influence any other officer of the municipality of which he or she is an officer to enter into the contract.

[1999 c 261 § 3; 1961 c 268 § 5.]

Notes: Findings -- Intent -- 1999 c 261: See note following RCW 42.23.030.