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Just about everyone likes getting gifts, and that’s probably true for local government officials and employees as well. It’s okay for an elected official or a municipal employee to accept a gift, isn’t it? As you may have guessed, it depends.

For elected officials, one concern is whether acceptance of a gift violates RCW 42.23.070, which states:

(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.

What Is a Municipal Officer?

In RCW 42.23.020(2), the term “municipal officer” is defined to include both elected and appointed officers as well as their deputies and assistants.

In light of this information, it is clear that mayors, councilmembers, commissioners, prosecuting attorneys, sheriffs, auditors, treasurers, and other elected officials are covered by RCW 42.23.020(2), as are their deputies and assistants.

Appointed officers are also covered under this statute. This would include fire chiefs, police officers, city managers, public works directors, clerks and clerk treasurers, and other appointed officers.

However, RCW 42.23.070(2) does not apply to local government employees who do not meet the definition of “municipal officer.” Does that mean that such employees are free to accept gifts in connection with...

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