Conflicts of Interest

11/29/24 letter to Blaine City Attorney:

Dear Mr. Ruffatto, Blaine City Council member Mike Hill's participation in land use zoning votes where he holds a direct financial interest raises significant ethical and legal concerns under both local and state regulations. As Blaine City Attorney, you are no doubt aware of the many instances in which Blaine City Council member Mike Hill voted on upzoning resolutions and ordinances governing the Central Business District and Critical Aquifer Recharge Area where he has financial conflicts of interest. If you are aiding this official corruption in any way, you can be disbarred. Your failure to address this official corruption will be brought to the attention of the Washington Attorney General. Recommended Actions: 1. Investigate the matter thoroughly and determine appropriate enforcement actions, which may include censure, fines, or other penalties as prescribed by law. 2. Recommend that the City Council develop and adopt a comprehensive code of conduct to prevent future conflicts and ensure ethical governance. Blaine Municipal Code (BMC): While the BMC may not have a specific code of conduct, it does address conflicts of interest: • Disclosure of Personal Interest: Officials with a voting responsibility must disclose any personal interest that could affect their vote. This disclosure should occur during the meeting, before the vote, and be recorded in the minutes. • Recusal: After disclosure, the official may choose to recuse themselves from voting on the matter. If Councilmember Hill did not disclose his financial interest or failed to recuse himself, he may have violated these provisions. Washington State Law: State laws provide further guidance on conflicts of interest for municipal officers: • RCW 42.23.070 – Prohibited Acts: This statute prohibits municipal officers from using their position to secure special privileges or exemptions for themselves or others. Participating in a vote where the officer has a financial interest could be seen as securing a special privilege. • RCW 42.23.030 – Interest in Contracts Prohibited: This law states that no municipal officer shall be beneficially interested, directly or indirectly, in any contract made under their supervision. Voting on a development in which the officer has a financial stake could constitute a violation. Duty of Care: Elected officials are expected to act in the best interest of the public. Failing to disclose a conflict of interest or participating in decisions where there's a personal financial gain breaches this duty and undermines public trust. 1. Criteria for Disbarment or Disciplinary Action For disbarment or other sanctions, the attorney's actions must meet the following standards of misconduct under the RPC: 1. Conflict of Interest (RPC 1.7 and 1.9): ▪ If the city attorney is representing conflicting interests (e.g., advising the council while failing to act against a council member’s clear conflict of interest), this could be a violation of ethical obligations. 2. Duty of Competence and Diligence (RPC 1.1 and 1.3): ▪ If the attorney failed to exercise reasonable competence and diligence in addressing or advising on Councilmember Hill’s conflict of interest, this could demonstrate a failure to uphold professional standards. 3. Failure to Maintain Public Trust (RPC 8.4): ▪ Misconduct includes acts involving dishonesty, fraud, deceit, or misrepresentation. If the attorney knowingly enabled or ignored illegal or unethical behavior, it could constitute a breach of this rule. 4. Violations of Law or Public Duties (RPC 8.4): ▪ If the attorney is complicit in the violation of state laws (e.g., RCW 42.23 on conflicts of interest), this might justify reporting them to the WSBA.

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