287-04-033  <<  287-04-034 >>   287-04-038

WAC 287-04-034

Recusal.

(1) A member or employee of the state investment board shall comply with subsection (2) of this section when the following circumstances apply or it is reasonably foreseeable that they will apply:
(a) The member or employee is beneficially interested, directly or indirectly, in an investment decision, investment agreement, contract, sale, lease, purchase, or any other acquisition or disposal of an asset, goods or services made by, through, or under the supervision of the board, in whole or in part; or
(b) The member or employee either owns a beneficial interest in, or is an officer, agent, employee or member of, an entity which is engaged in a transaction involving the board; or
(c) A member or employee accepts, directly or indirectly, any compensation, gratuity or reward from any other person beneficially interested in such investment decision, investment agreement, contract, sale, lease, purchase, or any other acquisition or disposal of assets, goods or services; or
(d) A member or employee's participation in a board discussion or vote is motivated by something other than the best interests of the board, its members and beneficiaries, in violation of that person's duty of loyalty.
(2)(a) If required by subsection (1) of this section, the member or employee shall:
(i) Recuse him or herself from discussions by the board, or any committee of the board, regarding the specific investment decision or other transaction; and
(ii) Recuse him or herself from any vote by the board, or any committee of the board, upon the specific investment decision or other transaction; and
(iii) Refrain from attempting to influence any other board member or employee in any discussion or vote regarding the specific investment decision or transaction.
(b) If recusal by a member or employee occurs pursuant to this subsection, the member or employee shall disclose to the public the reasons for his or her recusal from any board discussion or action at or prior to the time recusal occurs. The board staff shall record each such recusal and basis for the recusal.
(c) The prohibitions contained in this subsection do not prohibit the member or employee from using his or her general expertise to educate and provide general information on the subject area to other members or employees.
[Statutory Authority: RCW 43.33A.110 and 42.52.200. WSR 98-01-138, ยง 287-04-034, filed 12/19/97, effective 1/19/98.]
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