ETHICS IN PUBLIC SERVICE
Presented by State of Washington,
Office of the Attorney General,
Washington State University Division
This document is a general guide to the Washington State Ethics in Public Service Law. Please consult the Executive Ethics Board's web site at http://ethics.wa.gov/ for specific information.
TRAINING OBJECTIVES
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To understand to whom the ethics law applies;
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To understand your personal responsibility under the ethics law;
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To understand who is responsible for interpreting the ethics law and the adoption of new ethics regulations;
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To obtain a basic general understanding of some of the major principles of ethics law, and;
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To understand where to obtain specific ethics information
GENERAL INFORMATION
The Washington State Ethics Law establishes requirements
for all state officers and state employees. In general,
those requirements concern the use of state resources,
gifts, confidential information, payment for outside
activities, gifts, honoraria, post-state employment,
assisting in transactions, and financial interests in
transactions. The current ethics laws were enacted in
1994, but the concepts they embody have been a
requirement for state employees for many years.
The Legislature made a strong statement when it adopted the law known as Ethics in Public Service. That statement provides:
Government derives its powers from the people. Ethics in government are the foundation on which the structure of government rests. State officials and employees of government hold a public trust that obligates them, in a special way, to honesty and integrity in fulfilling the responsibilities to which they are elected and appointed. Paramount in that trust is the principle that public office, whether elected or appointed, may not be used for personal gain or private advantage.
The citizens of the state expect all state officials and employees to perform their public responsibilities in accordance with the highest ethical and moral standards and to conduct the business of the state only in a manner that advances the public's interest. State officials and employees are subject to the sanctions of law and scrutiny of the media; ultimately, however, they are accountable to the people and must consider this public accountability as a particular obligation of the public service. Only when affairs of government are conducted, at all levels, with openness as provided by law and an unswerving commitment to the public good does government work as it should.
The obligations of government rest equally on the state's citizenry. The effectiveness of government depends, fundamentally, on the confidence citizens can have in the judgments and decisions of their elected representatives. Citizens, therefore, should honor and respect the principles and the spirit of representative democracy, recognizing that both elected and appointed officials, together with state employees, seek to carry out their public duties with professional skill and dedication to the public interest. Such service merits public recognition and support.
All who have the privilege of working for the people of Washington state can have but one aim: To give the highest public service to its citizens.
Thus, each state officer and state employee is personally responsible for knowing and following the state ethics law. It is an honor and a privilege to be a state officer and employee. Such a responsibility also carries with it a duty to use state resources in all their forms for the best and highest use of the state.
USE OF STATE RESOURCES
1. State employees must use state resources for official state business only.
2. State employees must not use state resources, including any person, money, or property, for private benefit or gain.
3. State employees may not:
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Use state resources to conduct an outside business;
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Use state resources to support, promote, or solicit for an outside organization unless such use is provided for by law or is authorized by an agency head or designee;
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Use state resources for campaigning or other political use;
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Use state resources for commercial purposes such as advertising or selling;
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Use state resources for an illegal activity;
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Make any private use of state property removed from state facilities or other official duty stations;
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Make any private use of consumable state property such as paper and envelopes or spare parts;
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Make any use of state computers or other equipment to access computer networks or other databases including electronic mail and electronic bulletin boards for any purpose other than official state duties; or
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Make private use of state resources and then reimburse the state. An exception to this rule can occur if employees are in remote locations and the Executive Ethics Board approves the use in advance.
4. Occasional but limited use of state resources for private purpose if permissible if:
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There is not cost to the state; and
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The use does not interfere with an employees's performance of official duties; and
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The use is brief and does not disrupt or distract from state business due to volume or frequency; and
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The use does not compromise the security/integrity of state information or software.
5. WSU may authorize a use that promotes organizational effectiveness or enhances the job-related skills of an employee.
BASIC RULES FOR GIFTS
1. State employees may not accept gifts that might reasonably appear to influence the performance or nonperformance of official duties.
2. State employees may not accept gifts with a value in excess of $50 a year from any person.
3. These items are not considered gifts:
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Items from family and friends, if clear purpose was not to influence;
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Customary items related to an employee's outside business;
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Items exchanged at social events by coworkers;
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Reimbursement for reasonable expenses (travel, room, and meals) for authorized speeches and seminars;
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Items a state officer/employee is authorized by law to accept;
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Reimbursement for reasonable expenses (travel, room, and meals) for attending seminars and educational programs;
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Items returned or donated to charity within 30 days;
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Campaign contributions reported under RCW 42.17;
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Discounts available to individuals as members of a broad-based group;
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Awards, prizes, scholarships, or other items given in recognition of academic or scientific achievement.
4. The $50 limit does not apply to these gifts:
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Unsolicited flowers, plants, and floral arrangements;
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Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
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Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
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Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has a personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
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Informational material, publications, or subscriptions related to the recipient's performance of official duties;
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Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
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Admission, food, and beverages at events sponsored by or in conjunction with civic, charitable, governmental, or community organizations; and
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Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature.
Please be aware that stricter rules apply to employees who participate in regulatory or purchasing activities. See RCW 42.52.150(4).
CONFIDENTIAL INFORMATION
DEFINITION: Confidential information is specific information that is not available to the general public on request or information made confidential by law.
1. State employees may not disclose confidential information to unauthorized persons.
2. State employees may not disclose or use confidential information for personal benefit or to benefit others.
3. State employees may not accept employment or engage in business that might reasonably be expected to induce or require the disclosure of confidential information.
4. However, state employees are obligated to release all requested public records to WSU's public records officer.
COMPENSATION FOR OUTSIDE
ACTIVITIES
BASIC RULE: State employees may not receive anything of
value under any contract or grant outside their official
duties.
1. This prohibition does not apply when the following conditions for a contract/grant are met:
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It is legitimate and actually performed;
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The work performed is not part of the employee's official duties, or under the employee's supervision, is not created or authorized by the employee in an official capacity, and is not within the employee's official responsibility;
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It is neither performed for nor compensated by any person from whom the employee would be prohibited from receiving a gift; and
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It would not require unauthorized disclosure of confidential or non-public information.
2. The employee cannot do anything that conflicts with the proper discharge of official duties.
3. If sections 1 and 2 above are met, the employee has approval from the Executive Ethics Board for the following:
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A contract or grant through state or federal programs, administered by the state, when the state employee receives the same assistance as other citizens, and when the employee doesn't control the assistance received;
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A teaching contract at a higher education institution when the employee uses no state resources, it doesn't conflict with official duties, and the employee didn't use his or her official position to get the job;
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A spouse's contract with a state agency if the employee didn't participate.
If the employee is awarded the type of contract or grant described above, the contract or grant must be filed with the Executive Ethics Board.
4. In addition to sections 1 and 2 above, if the contract or grant is with a state agency, then one of the following conditions also must be met:
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There was an open and competitive bidding process in which more than one bid or grant application was received; or
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There was an open and competitive bidding process in which the employee's bid or proposal was the only one received and the employee has been previously advised by the state Executive Ethics Board that the contract or grant is not in conflict with the proper discharge of the employee's official duties; or
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There was no open and competitive process but the employee has been advised by the state Executive Ethics Board that the contract or grant would not be in conflict with the proper discharge of official duties.
5. The Executive Ethics Board needs at least 30 days to review a matter before work begins under the contract or grant. Any final contracts or grants reviewed under this rule must be filed with the Executive Ethics Board within 30 days of execution. If a reviewed contract or grant is amended and the change could create a conflict of interest, the employee must resubmit it at least 15 days before beginning the work.
HONORARIA
DEFINITION: An honorarium is money or anything of value offered for a speech, appearance, or article in connection with an employee's official duties.
BASIC RULE: State employees may not receive honoraria unless specifically authorized by their agency.
An agency may not permit an employee to accept honoraria under the following circumstances:
1. The person offering the honorarium is seeking or is reasonably expected to seek a contract with the agency and the employee is in a position to participate in the terms or award of the contract.
2. The person offering the honorarium is regulated by the agency and the employee is in a position to participate in the regulation.
3. The person offering the honorarium may seek or oppose enactment of legislation, adoption of rules, or changes in policy by the agency and the officer or employee is in a position to participate in the enactment or adoption.
POST-STATE EMPLOYMENT
ONE-YEAR RESTRICTION: A former state employee may not
accept employment or compensation from an employer within
one year of leaving state employment if:
1. The employee, during the two years immediately preceding termination of his/her employment, negotiated or administered a contract with the new employer; and
2. The contract(s) had a total value in excess of $10,000; and
3. The former employee's duties with the new employer would include fulfilling or implementing that contract.
TWO-YEAR RESTRICTION: A former state employee may not, within two years following the termination of state employment, have a beneficial interest in a contract or grant which was expressly authorized or funded by executive action in which the employee participated.
ASSISTING IN STATE TRANSACTIONS
1. A state employee may not assist a person in a transaction involving the state if he or she participated in that transaction; and
2. A state employee may not assist in a transaction involving the state if it was under his or her official responsibility and within two years prior to providing the assistance.
3. Exceptions:
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You can help someone in a transaction involving the state if it falls within your official duties;
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There is an exception for certain family members if the transaction was under the employee's supervision, but he/she did not participate in it; and
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There is an exception for assisting a fellow employee in a disciplinary or personnel administration matter.
FINANCIAL INTERESTS IN TRANSACTIONS
1. State employees shall not have a beneficial interest in contracts, sales, leases, purchases, or grants under their supervision. Generally, federal contracts and grants are subject to federal rules rather than state ethics rules. See "Washington State University Policy and Procedures for Managing Conflict of Interest in Sponsored Research and Scholarship," available from the Graduate School.
2. State employees shall not accept compensation, gratuities, or rewards from others who are beneficially interested in contracts, sales, leases, purchases, or grants under the state employees' supervision.
No state officer/employee may participate in a transaction involving the state in an official capacity with an entity of which the employee is an agent or a member. However, higher education state employees may serve as officers, agents, employees, members, or board members of review panel committees for nonprofit institutes, foundations, fundraising entities, governmental, or other nonprofit entities.
RESOURCES
The Ethics in Public Service law created the Executive
Ethics Board (EEB).
The EEB is located in Olympia. It has five members each appointed by the Governor. One member is a classified service employee. One is a state officer or employee in an exempt position. One is a citizen selected from a list of three names submitted by the Attorney General. One is a citizen selected from a list of three names submitted by the State Auditor. One is a citizen selected by the Governor.
The EEB's telephone number is (360) 664-0871.
The EEB's facsimile number is (360) 664-0229.
The EEB's web site is http://ethics.wa.gov/
The EEB meets on the second Friday of every month except in August and December. The agenda is on the web site.
The EEB and its staff provide education, training, advice, and comment upon request. Thus, the law charges the EEB with the responsibility of interpreting the Ethics Law. It can adopt interpretive regulations as well. WSU has the authority, through its Board of Regents, to adopt ethics regulations.
If you have questions about ethics, study the EEB web site. If the question affects WSU, discuss it with your supervisor.
WSU's internal auditor investigates ethics violation claims. The EEB receives and evaluates ethics violation claims.
A beneficial interest is the right to enjoy profit, benefit, or advantage from a contract or other property. For example, a husband and wife each have a beneficial interest in the other spouse's community property.