Revised Code of Washington

Wash. Rev. Code § 42.23.070 (2026)

Prohibited acts

✓ current as of May 2026
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(1) No municipal officer may use his or her position to secure special privileges or exemptions for himself, herself, or others.
(2) No municipal officer may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law.
(3) No municipal officer may accept employment or engage in business or professional activity that the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position.
(4) No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit.
[ 1994 c 154 s 121.]

Notes:

Effective date1994 c 154: See RCW 42.52.904.
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2000–2025 · leading case: Hubbard v. Spokane Cnty., 50 P.3d 602 (Wash. 2002).
Hubbard v. Spokane Cnty., 50 P.3d 602 (Wash. 2002). · cites it 30× “It states in part, *712 Ethics in government are the foundation on which the structure of government rests.”
In re the Recall of Feetham, 72 P.3d 741 (Wash. 2003). · cites it 6× “Mayor Feetham utilized his position to demand that an employee not enforce the law or enforce the law in an arbitrary and capricious manner, favoring individuals selected by Mayor Feetham, thereby securing a special exemption or privilege for the owners of the property, in…”
In Re Recall Charges Against Feetham, 72 P.3d 741 (Wash. 2003). · cites it 6× “Mayor Feetham utilized his position to demand that an employee not enforce the law or enforce the law in an arbitrary and capricious manner, favoring individuals selected by Mayor Feetham, thereby securing a special exemption or privilege for the owners of the property, in…”
In re Recall of Burnham, 448 P.3d 747 (Wash. 2019). · cites it 4× “It is clearly untenable, and a clear abuse of discretion, for a town to purchase property at a vastly inflated price out of a desire to make a gift that would violate article VIII, section 7 of our state constitution and RCW 42.23.070. To the extent the In re Recall ofBurnham et…”
Hubbard v. Spokene Cnty., 50 P.3d 602 (Wash. 2002). · cites it 31× “It states in part, *609 Ethics in government are the foundation on which the structure of government rests.”
In re Recall of Fortney, 503 P.3d 556 (Wash. 2022). “120, and WAC 246-100-070, (f) undermined public trust and puts others at risk, including health officials and emergency management teams, and (g) resulted in private gain to Sheriff Fortney’s private business interests as a result of Sheriff Fortney’s public office, in violation…”
Cox v. Roskelley, 359 F.3d 1105 (9th Cir. 2004). “Accordingly, we AFFIRM the district court’s denial of qualified immunity to Boxer and Far-nell. . This position is also known as Risk Manager.”
Kitsap Cnty. v. Smith, 143 Wash. App. 893 (Wash. Ct. App. 2008). “RCW 42.23.070(4) (“No municipal officer may disclose confidential information gained by reason of the officer’s position, nor may the officer otherwise use such information for his or her personal gain or benefit.”
Kitsap Cnty. v. Smith, 180 P.3d 834 (Wash. Ct. App. 2008). “RCW 42.23.070(4) ("No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit.”
Hubbard v. Spokane Cnty., 14 P.3d 806 (Wash. Ct. App. 2000). “” RCW 42.23.070(1). Commissioner Hasson and Mr.”
In re Recall of Sawant, 483 P.3d 752 (Wash. 2021). “RCW 42.23.070(3). Absent more, an elected official who consults a political organization regarding an internal chambers hiring does not run afoul of SMC 4.”
In re Recall of Ruelas, 565 P.3d 921 (Wash. 2025). · cites it 6× “075, and (2) secured special privileges for herself by advertising her own business on the city’s website, in violation of RCW 42.23.070(1). But the charges are also legally and factually insufficient.”
— Wash. Rev. Code § 42.23.070(1) — 7 cases
Hubbard v. Spokane Cnty., 50 P.3d 602 (Wash. 2002). “It states in part, *712 Ethics in government are the foundation on which the structure of government rests.”
In re the Recall of Feetham, 72 P.3d 741 (Wash. 2003). “Mayor Feetham utilized his position to demand that an employee not enforce the law or enforce the law in an arbitrary and capricious manner, favoring individuals selected by Mayor Feetham, thereby securing a special exemption or privilege for the owners of the property, in…”
In Re Recall Charges Against Feetham, 72 P.3d 741 (Wash. 2003). “Mayor Feetham utilized his position to demand that an employee not enforce the law or enforce the law in an arbitrary and capricious manner, favoring individuals selected by Mayor Feetham, thereby securing a special exemption or privilege for the owners of the property, in…”
In re Recall of Burnham, 448 P.3d 747 (Wash. 2019). “It is clearly untenable, and a clear abuse of discretion, for a town to purchase property at a vastly inflated price out of a desire to make a gift that would violate article VIII, section 7 of our state constitution and RCW 42.23.070. To the extent the In re Recall ofBurnham et…”
Hubbard v. Spokene Cnty., 50 P.3d 602 (Wash. 2002). “It states in part, *609 Ethics in government are the foundation on which the structure of government rests.”
— Wash. Rev. Code § 42.23.070(2) — 1 case
In re Recall of Burnham, 448 P.3d 747 (Wash. 2019). “It is clearly untenable, and a clear abuse of discretion, for a town to purchase property at a vastly inflated price out of a desire to make a gift that would violate article VIII, section 7 of our state constitution and RCW 42.23.070. To the extent the In re Recall ofBurnham et…”
— Wash. Rev. Code § 42.23.070(3) — 1 case
In re Recall of Sawant, 483 P.3d 752 (Wash. 2021). “RCW 42.23.070(3). Absent more, an elected official who consults a political organization regarding an internal chambers hiring does not run afoul of SMC 4.”
— Wash. Rev. Code § 42.23.070(4) — 2 cases
Kitsap Cnty. v. Smith, 143 Wash. App. 893 (Wash. Ct. App. 2008). “RCW 42.23.070(4) (“No municipal officer may disclose confidential information gained by reason of the officer’s position, nor may the officer otherwise use such information for his or her personal gain or benefit.”
Kitsap Cnty. v. Smith, 180 P.3d 834 (Wash. Ct. App. 2008). “RCW 42.23.070(4) ("No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit.”
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