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Advisory Opinions

Advisory Opinion Subject Question(s) Cross Reference RCW/WAC Reference
03-05
  • Holding an interest in a person regulated by a citizen body whose members may be selected from identified groups or interests
  1. May a member of the Fish and Wildlife Commission accept a position as an “Alternate Operator” under a commercial fishing license owned by another person? Yes / See Opinion
 96-09A RCW 42.52.020
RCW 42.52.030
RCW 42.52.903
99-07
  • Conflict of Interest
  • Board Membership
  1. May Public Works board members rely on the Advisory Opinion 98-08 and recuse themselves from discussion and voting on matters on which there is no existing conflict of interest in order to preserve potential future business opportunities? Yes / See Opinion
  2. Does the fact that general public members of the Public Works Board or their employers must, by law, engage in competitive bidding or in competitive selection for public works projects make members less susceptible to conflicts of interest under the state’s ethics law? No / See Opinion
  3. Are potential conflicts of interest mitigated by the fact that 80 percent of projects approved by the Public Works Board are subject to legislative review and approval? No / See Opinion
 96-09A RCW 42.52.020
RCW 42.52.030
RCW 42.52.040
RCW 42.52.903
98-08
  • Conflict of Interest
  • Board Membership
  1. Can venture capitalists, management consultants, patent attorneys, officers writing initial public offerings, and others appointed to the Washington Technology Center Board and its advisory committees avoid violations of RCW 42.52 by following the model rules of procedure in Advisory Opinion 96-09? Yes / See Opinion
  2. May Washington Technology Center members recuse themselves from discussing and voting on matters on which there is no existing conflict of interest in order to preserve potential future business opportunities? Qualified Yes / See Opinion
 96-09A RCW 42.52.020
RCW 42.52.030
RCW 42.52.903
97-11
  • Financial Interests
  • Board membership
  1. Whether RCW 42.52 prohibits a board member from participating in a proceeding when the member owns stock in a person who appears before the board, and when the member was appointed to represent a particular interest on the board? See Opinion
  2. Does RCW 42.52 require disclosure of the board member's holdings prior to the commencement of proceedings? See Opinion
  3. Does RCW 42.52 require divestiture to allow a board member's participation in proceedings, or are alternative measures available to ensure compliance with RCW 42.52? See Opinion
 RCW 42.52.030
96-09
  • Boards and Commissions
  • Disclosure requirement
  • Voting abstention requirements
  1. Can a state board whose members are required by statute to be appointed from identified groups adopt rules that require members to disclose their interests and abstain from voting on certain matters as a way of addressing ethical prohibitions in the law? Yes / See Opinion
 RCW 42.52
96-09A
  • Supplemental to 96-09
  1. Model Rules were approved and may be adapted to a board or commissions particular need See Opinion