Transcript Ethics in Public Service

Ethics In Public Service
“The reputation of a
thousand years is
determined by the conduct
of a single hour.”
-Japanese proverb
Updated 2/9/05
Ethics Defined
The embodiment of those values that the
person or organization feels are important
and spell out proper conduct and
appropriate action.
- Merriam Webster
Updated 2/9/05
Training Objective
•Understanding Ethics in Public Service
•Definition and use of State Resources
•What is allowable
•What is prohibited
•Resources for questions
Updated 2/9/05
Stewardship
Public employees have a duty to conserve
public resources and funds against misuse
and abuse.
•RCW 42.52.070, Special privileges
•RCW 42.52.140, RCW 42.52.150, RCW 42.52.010:
Gifts, Limitations on Gifts, Definitions
•RCW 42.52.160, Use of persons, money, or property for private
gain
•RCW 42.52.180, Use of public resources for political campaigns
•WAC 292-110-010, Use of State Resources
Updated 2/9/05
Use of State Position
A state officer or employee may not use
his or her state position to secure special
privileges or to grant exemptions to
benefit himself, herself, family members,
or other persons.
Updated 2/9/05
Gifts
General Rule: Never accept a gift, gratuity, or
any thing of value if the gift, gratuity, or thing of
value could be reasonably expected to influence
your vote, judgment or action.
Updated 2/9/05
Gifts
“No state officer or state employee may receive,
accept, seek or solicit, directly or indirectly, any
thing of economic value as a gift, gratuity, or favor
from a person if it could be reasonably expected
that the gift, gratuity, or favor would influence the
vote, action, or judgment of the officer or
employee, or it would be considered as part of a
reward for action or inaction.” (RCW 42.52.140)
Updated 2/9/05
Gifts - Definitions and Limitations
Definition of a gift RCW 42.52.010 (10) (a)
(10) “Gift” means anything of economic value for which no
consideration is given.
(a)
“Gift” does not include “Items from family members or
friends where it is clear beyond a reasonable doubt
that the gift was not made as a part of any design to
gain or maintain influence…..”
Limitations on Gifts RCW 42.52.150
“No state officer or employee may accept gifts…..with
an aggregate value in excess of $50.00 from a single
source in a calendar year…..”
Updated 2/9/05
Example
•
A salesperson hands you
small promotional items
(such as notepads or
pens)
at
a
training
conference.
This is not an ethical violation!
Updated 2/9/05
Why?
Unsolicited advertising on promotional
items of nominal value are presumed NOT
to influence under RCW 42.52.140
Updated 2/9/05
Example
•
Your name was chosen for a
door prize after you entered a
drawing at an event you
attended in your official
capacity.
This is an ethical violation!
Updated 2/9/05
Why?
According to advisory opinion 98-10: You
did not pay any consideration to participate
in or compete in the door prize drawing and
this may create the appearance that entry
is primarily for personal reasons that are
unrelated to official duties.
Updated 2/9/05
State Resources
What are state resources?
Anything purchased or provided by the
state or property owned, leased, or rented
by the state.
Examples include: computers, copiers, fax
machines, phones, the Internet, IT
bandwidth, vehicles, conference rooms,
break rooms, paper, pens, etc.
Updated 2/9/05
Questions to Ask Yourself
Will my use of state resources result in added
costs or any other disadvantage to the state?
Am I using this resource in order to avoid
personal expense?
Am I confident that my use of state resources
will not compromise the security or integrity of
state information or software?
Are state resources being used for purposes
that could be embarrassing for my agency if
reported publicly?
Updated 2/9/05
Use of State Resources
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General prohibition against use of state resources for private benefit
or gain.
de minimis exceptions - limited unofficial use is allowed if:
• There is little or no cost to the state;
• There is no interference with the performance of official
duties;
• The use is brief in duration and frequency;
• The use does not compromise the security or integrity of
state information, property or software.
An agency may authorize the personal use of state resources if the
use improves organizational effectiveness.
Updated 2/9/05
Use of State Resources
What does this mean in practical terms on a daily basis?
This means that occasional local telephone calls for medical
and dental appointments, child or elder care arrangements,
transportation coordination, etc., are acceptable.
This means that occasional and brief personal e-mail
messages are acceptable.
This does not mean state resources can be used for any
personal purposes during break/lunch periods.
Updated 2/9/05
Internet
•
While de minimis use of e-mail has been allowed by the
state under WAC 292-110-010, the state has authorized
internet usage ONLY if the employee’s agency has
adopted a policy governing internet access.
•
EWU does NOT have a board approved policy in place
for de minimis personal use of the Internet. Therefore,
any use of the internet for other than official duty is
considered an ethics violation.
Updated 2/9/05
Absolute Prohibitions
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Outside business or commercial
activities, whether or not for profit
Supporting, promoting, or soliciting for
an outside organization or group
Illegal or unprofessional activities
Political activities
Personal use of state property that has
been removed from state grounds
Updated 2/9/05
Example
•
An agency determines that
an evening class will
enhance the job skills of an
employee and allows the
employee to use her office
computer to do homework.
The employee prints her
homework using the office
printer.
This is not an ethical violation!
Updated 2/9/05
Why?
Since the activity takes place after working
hours, does not interfere with employee’s
official duties and enhances job skills, the
agency determined that the use will promote
organizational effectiveness.
Updated 2/9/05
Example
• On a daily basis, you
call home to make sure
your children are okay
or you have them send
you an email.
This is not an ethical violation!
Updated 2/9/05
Why?
de minimis exception - The Board allows limited unofficial use if:
•There is little or no cost to the state
•There is no interference with the performance of official duties;
•The use is brief in duration and frequency;
•The use does not compromise the security or integrity of state
information or software.
Updated 2/9/05
Example
•
Using the office copier and
paper, you make 25 copies of
your child’s baseball team’s
schedule and distribute to the
parents at the next game.
This is an ethical violation!
Updated 2/9/05
Why?
You are using state resources that provide a
private benefit to yourself or for another
person
and
are
prohibited
by
RCW 42.52.160(1)
Updated 2/9/05
Example
• Every spring a group of
employees meets during
lunch to organize an agency
softball team. The meeting
is held in a conference room
that is not needed for agency
business during the lunch
hour.
This is not an ethical violation!
Updated 2/9/05
Why?
There is little or no cost to the state, the
meeting does not interfere with the
performance of official duties, and off site
recreational activities such as softball teams
can improve organizational effectiveness.
Updated 2/9/05
Example
• You have a personal legal
matter and need to fax several
pages to your attorney. You
use the office fax machine to
fax the documents.
This is an ethical violation!
Updated 2/9/05
Why?
You are using state resources that provide a
private benefit to yourself or for another
person
and
are
prohibited
by
RCW 42.52.160(1)
Updated 2/9/05
Example
•
You play Internet games or
downloaded games from
home using your state
computer during breaks,
during lunch, or before and
after work.
This is an ethical violation!
Updated 2/9/05
Why?
•You are using state resources that provide a private
benefit to yourself or for another person and are
prohibited by RCW 42.52.160(1).
•It is a violation if the person plays games during their
work hours and since the computer remains the
property of the state even during breaks, lunches, and
before and after work hours - it would still be a violation.
Updated 2/9/05
Example
• You access your state provided
retirement account via the
Internet to make a quick
change to the account or you
use the Internet to make a
change to your state provided
health care insurance.
This is not an ethical violation!
Updated 2/9/05
Why?
Under advisory opinion 03-01 the State
Executive Ethics Board ruled occasional and
limited use of the internet to review and
update state provided benefits would not
violate the Ethics in Public Service Act.
Updated 2/9/05
Example
• Using the SCAN system,
you call your child who is
away at college every
Friday to chat, talking 5-15
minutes each time.
This is an ethical violation!
Updated 2/9/05
Why?
You are using state resources that provide a
private benefit to yourself or for another
person and are prohibited by RCW
42.52.160(1)
Updated 2/9/05
Example
• While on an errand for the
office in the state vehicle,
you stop at the store and
pick up a few groceries and
drop them off at your house.
This is an ethical violation!
Updated 2/9/05
Why?
You are using state resources that provide a
private benefit to yourself or for another
person and are prohibited by RCW
42.52.160(1)
Updated 2/9/05
Example
• An employee sends
another employee an
email wishing him or
her a happy birthday.
This is not an ethical violation!
Updated 2/9/05
Why?
de minimis exception - The Board allows limited unofficial use if:
•There is little or no cost to the state
•There is no interference with the performance of official duties;
•The use is brief in duration and frequency;
•The use does not compromise the security or integrity of state
information or software.
Updated 2/9/05
Example
• You send an email to your
senator
opposing
the
confirmation of a nominee
for federal office.
This is an ethical violation!
Updated 2/9/05
Why?
• RCW 42.52.180 prohibits the use of state facilities for
political campaigns, ballot titles, initiatives, etc.
•“Facilities” includes, but is not limited to: stationery,
postage, machines, equipment, use of staff during
working hours, vehicles, office space, and clientele
lists of persons served by your agency.
• CAUTION: You can violate the ethics law if you allow
the use of public resources for political purposes and
do not act to stop the use.
Updated 2/9/05
Example
• You own a wine shop and send an
email to your division on your last day
of work with the state and tell folks
about the wine shop and encourage
them to stop by sometime.
This is an ethical violation!
Updated 2/9/05
Why?
YOU TELL ME! 
Updated 2/9/05
Questions to Ask Yourself
my actions relevant and related to what I’ve
been hired to do?
 Are
How would this look on the front page of the
newspaper?
Are state resources being used for purposes
that could be embarrassing for my agency if
reported publicly?
Updated 2/9/05
Whistleblower Act
RCW 42.40
Any current Washington State employee may report in
good faith a suspected improper governmental activity
through the Whistle Blower Program.
Improper governmental activity is defined as an employee
action which is a gross waste of public funds, or a
violation of federal or state law or rules, or of substantial
and specific danger to public health and safety.
The activity must be reported within one year after
occurrence of the action.
Updated 2/9/05
Whistleblower Act
RCW 42.40, continued
Assertions may be filed anonymously, but including a
name and contact information enables more thorough
investigations. Under state law the Whistleblowers
name is normally kept CONFIDENTIAL, but this right
can be waived.
Under RCW 42.40 it is unlawful to retaliate against
whistleblowers; remedies for retaliation are available
through the Washington State Human Rights
Commission.
Updated 2/9/05
Whistleblower Act
Whistleblower reporting forms and additional information can
be found online at: www.sao.wa.gov/Whistleblower/index.htm
or from the Internal Audit Department at EWU:
Rebecca Greene, 104 Showalter Hall, 359-6615
Whistleblower reporting forms should be mailed to:
State Auditor’s Office
Attention Ed
P.O. Box 40021
Olympia, WA 98504-0021
Updated 2/9/05
Executive Ethics Board
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(EEB)
Interprets and enforces the ethics law
Issues advisory opinions
Reviews agency ethics policies
Investigates and hears complaints
Imposes sanctions for violation
Disciplinary action also may be taken by
the agency
Updated 2/9/05
Executive Ethics Board
Recent Rulings
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State employee used her state computer, e-mail, and Internet to
access non-work related sites on a daily basis. Settlement approved
9/10/04, fined $500. (2003-120)
State employee accepted free transportation for himself and his
family members to attend various state and private functions.
Settlement approved 9/10/04, fined $5,000. (2003-146)
State employee received inappropriate jokes on his state computer
and
distributed
them
to
coworkers.
Settlement approved 4/9/04, fined $500. The Board also issued a
Letter of Reprimand. (2003-016)
Updated 2/9/05
Recent EEB Advisory Opinions
Issue:
May state Higher Education faculty sell complimentary textbooks?
(EEB Opinion 03-04)
Opinion:
Employees may use or retain complimentary textbooks to perform
official duties. The Ethics Act prohibits the use of official position and
the use of any resource or property under official control for private
(personal) benefit or gain, therefore the sale of these textbooks by
faculty is inappropriate.
The textbooks can be disposed by giving them to the university or
charity, disposing of them in accordance with agency adopted
surplus property procedures, or returning them to the publisher.
Updated 2/9/05
Recent EEB Advisory Opinions
Issue:
May state employees use state vehicles or other state resources to
attend meetings or conduct union business related to contract
negotiations and administration? (EEB Opinion 02-01A)
Opinion:
An agreement between a collective bargaining unit and the state
agency for the use of state paid time and resources for the exclusive
purpose of contract negotiation and administration is acceptable.
Updated 2/9/05
Recent EEB Advisory Opinions
Issue:
Does the Ethics in Public Service Act prohibit certain uses of state
facilities by a union? (EEB Opinion 02-01A, continued)
Opinion:
The use of a state vehicle to attend a union meeting is acceptable
only if the meeting is held at an adjacent location and precedes or
follows bona-fide state business. The use of state facilities for union
activities that are not reasonably related to negotiation and
administration of collective bargaining agreements are in conflict with
the Ethics in Public Service Act.
Updated 2/9/05
Supervisor’s Responsibility
• Identify prohibited use
• Verify prohibited use or consult with Human
Resources
• Take disciplinary action, if necessary
• WHEN IN DOUBT . . . . .
• CONSULT
• CONSULT
• CONSULT
Updated 2/9/05
Resources for Questions
• Executive Ethics Board website, including
frequently asked questions: www.ethics.wa.gov
• Director of Human Resources, Rights and Risk
x. 2383
• Director of Internal Audit, x. 6615
• State laws and regulations
• http://www.leg.wa.gov/RCW/index.cfm
• http://www.leg.wa.gov/wac/index.cfm
Updated 2/9/05
QUESTIONS??