July 18, 1997

SUPPLEMENTAL
ADVISORY OPINION 97-01A

This Advisory Opinion supplements Advisory Opinion 97-01. In that opinion the Board was asked whether RCW 42.52.120(1)(e) prohibits a state officer or employee from entering into a contract that is expressly authorized or funded by the officer's or employee's agency. The answer was yes because at that time RCW 42.52.120(1)(e) expressly provided:

(1) No state officer or state employee may receive any thing of economic value under any contract or grant outside of his or her official duties. The prohibition in this subsection does not apply where each of the following conditions are met:
. . .
(e) The contract or grant is not one expressly created or authorized by the officer or employee in his or her official capacity or by his or her agency.

Laws of 1994, ch. 154, § 112 (Emphasis added).

In 1997, the Legislature amended RCW 42.52.120(1)(e) and struck out the words "or by his or her agency". Laws of 1997, ch. 318, § 1. Based on the amendment we concluded that it is permissible for state officers and employees to enter into contacts for outside employment with the agency that employs them.

Such employment must still meet the other requirements of RCW 42.52.120 including the remaining requirement in RCW 42.52.120(1)(e) that the "contract or grant is not one expressly created or authorized by the officer or employee in his or her official capacity."

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