Advisory Opinion 96-03
Date
04/18/1996
Number
96-03
Requester
Rep. Frank Chopp
Topic
Legislator's Contract - Beneficial Interest
Issue/Question
Legislator had an employment contract with a non-profit which in turn had several contracts with state agencies. Is the legislator required to obtain the Board's approval of contracts or grants that his employer obtains from state agencies?
Summary
No, not under the facts presented. A legislator must obtain Board approval of a state agency contract if two conditions are present: (1) the contract or grant is awarded without competitive bidding or competitive selection; and (2) the legislator has a "beneficial interest" in the contract or grant. RCW 42.52.120. The Board quoted with approval the court's reasoning in Mumma v. Brewster, 174 Wash 112 (1933). Important factors were that the legislator was paid a stated salary not based on receipts or earnings and he would not lose his job or receive less compensation if the employer lost its state contracts or grants.