NOTICE OF REQUEST FOR ATTORNEY GENERAL’S OPINION
WASHINGTON ATTORNEY GENERAL
The Washington Attorney General issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the Attorney General’s Office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on this opinion request, you should notify the Attorney General’s Office of your interest by November 25, 2015. This is not the due date by which comments must be received. However, if you do not notify the Attorney General’s Office of your interest in commenting on this opinion request by this date, the opinion may be issued before your comments have been received. You may notify the Attorney General’s Office of your intention to comment by e-mail to firstname.lastname@example.org or by writing to the Office of the Attorney General, Solicitor General Division, Attention Jeff Even, Deputy Solicitor General, PO Box 40100, Olympia, Washington 98504-0100. When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested, information about the Attorney General’s Opinion process, information on how to submit your comments, and a due date by which your comments must be received to ensure that they are fully considered.
The Attorney General’s Office seeks public input on the following opinion request(s):
Opinion Docket No. 15-10-01
Request by Sam Hunt, State Representative
1. Are the positions of school board director and planning commission member incompatible under Washington law? How is that determination made and, if the positions are incompatible, what remedies are available to address the incompatibility?
2. Is there a conflict of interest between such dual positions under Washington law? How is that determination made, and if a conflict or potential conflict exists, what remedies are available to address it?
3. Does holding such dual positions violate the appearance of fairness provisions of RCW 42.36? How is that determination made, and what remedies are available to address it?
4. In the scenario presented, what obligations does Washington law impose on the person holding dual positions in regard to confidential information?
5. Under what circumstances, if any, may a school board exclude an elected member from executive session because of concerns about incompatibility of office, conflict of interest, appearance of fairness or confidential information?