PUD conflict of interest questioned

PUD attorney to decide next week

EPHRATA — A candidate for Grant County Public Utility District commissioner said a win in November's election doesn't mean he'll stop accepting paychecks from the Grant County Economic Development Council.

Terry Brewer, the council's executive director, wants to continue working with Grant County's governments to facilitate business recruitment, retention and expansion. As a PUD commissioner candidate, he wants to help set the utility district's policy for the next six years, review its operations and approve budget expenditures.

The legal question of whether holding both positions constitutes a conflict of interest has not been answered.

The current board of commissioners asked their attorney to answer the question.

"I will be providing an opinion to the commissioners pursuant to requests received from them and the district's management," PUD Attorney Ray Foianini said Tuesday.

Foianini said he anticipates having the opinion on the question completed by Oct. 23.

The commissioners, who are to receive Foianini's legal analysis, may waive attorney-client privilege and make the opinion public.

They're likely to do so and resolve the issue with voters before general election ballots are mailed.

"A conflict does not exist, period," Brewer said Tuesday. "No more so than possibly anyone else who is a customer, or works with PUD customers. If there were a matter that would lead to a direct conflict I would recuse myself."

The council has a $15,000 per year contract with the PUD. Brewer said the PUD's contract is with the council, not its executive director.

Ron Baker, Brewer's opponent for the commission District No. 1 seat, said he requested a legal opinion from the utility district in late August.

"I don't see how (Brewer) could recuse himself from the rate hearings and so forth, otherwise he wouldn't be doing his job as a PUD commissioner," Baker said.