Transcript The Ethics in Public Service Act

State Ethics Act
12-9-2008
Views expressed in this informational presentation are those of the presenters and not of the Attorney
General or the Attorney General’s Office
Ethics in Public Service Act
Assumption: attendees have received some
prior Ethics Act training
 Scope of Ethics Act:

Persons covered
 Timing of coverage

Ethics in Public Service Act - Summary
Conflicts of Interest
 Special Privileges
 Gifts
 Use of State Resources
 Confidential Information
 Outside Employment
 Honoraria
 Post-State Employment

Ethics Act & Public Records Act

Failure to produce responsive records;
RCW 42.52.050(4)
Essential Resources

EEB Web Page ( http://ethics.wa.gov/ )
Ethics Manual
 Ethics Act and Rules
 Advisory Opinions
 Training

BPPM 10.21 - Summary of Ethics Law and
Policies
 EP 4 – Electronic Publishing Policy

PUT YOURSELF IN THESE SHOES . . .
Request to record a “testimonial”
The unit you have been managing for the past
eight years has successfully (and legally) used a
software application to improve capacity and
productivity in an extremely customer-friendly
way. The software manufacturer has asked to
interview one of your best and brightest
employees for the purposes of recording a
user testimonial.
May you grant this request?
Request to record a “testimonial”
Can the contract help answer this question?
 Is this a request for an endorsement?
 Supporting/promoting the interests of an
outside organization or group?
 WAC 292-110-010(6)(b)
 Exceptions:

Provided for by law
 Approved by agency head or designee

Gift of a Silk Scarf
A donor who has several trusts set up to benefit WSU
sends a development officer (DO) an expensive silk
scarf with a note saying how much she appreciates
their visits. The note explains that the donor saw the
scarf during her last trip to Italy and just knew it would
go perfectly with DO’s blue suit. Her note mentions
that she is really looking forward to their lunch
meeting later in the month and hopes the DO will be
wearing the scarf.
May the DO accept the gift?
Gift of a Silk Scarf (cont.)

Is it a non-gift under RCW 42.52.010(10)(a)?
Gift between friends “where it is clear beyond a
reasonable doubt that the gift was not made as
part of any design to gain or maintain influence in
the agency of which the recipient is an officer or
employee.”

Would the gift influence the action or
judgment of the employee or be considered
part of a reward for action? RCW 42.52.140.
Gift of a Silk Scarf (cont.)

RCW 42.52.150
If value does not exceed $50 and DO has not
accepted any gifts from this donor during this
calendar year, DO may accept or decline the gift at
the DO’s pleasure.
 If value exceeds $50:

Decline
 Pay donor
 Donate to charitable organization within 30 days

Gift Analysis
Value?
 Section 4 employee?
 Non-gift under RCW 42.52.010(10)?
 Prohibited under RCW 42.52.140 (influence
employee’s action or judgment or be considered
reward for past action or inaction)?
 Does an exception to $50 single source limit
apply under RCW 42.52.150?
 Non-gift under RCW 42.52.010(10) (again)?

National Conference Presentation
A section manager has been asked to present a talk at
a national conference. She will discuss recent changes
to standard practices as a result of changes to federal
law. The section manager asks her assistant to pull
together some material and do a little research on the
subject she is presenting. The section manager spends
two days in the office putting together her
presentation. The section manager has not yet
mentioned her planned participation at the conference
to her supervisor.
Do these facts present any Ethics Act issues?
National Conference Presentation

Determine whether presentation is within the scope of duties:
 Job description, performance plan
 Communication with supervisor

If not part of official duty:
 Cannot use state resources for personal use or to benefit another;
RCW 42.52.160; WAC 292-110-010(6)
 Subordinate’s time
 Employee’s time
 Office supplies and equipment
 Prepare off duty and attend on approved leave
 Faculty Manual treats participation in professional organizations
differently
 EP4 permits some use of IT resources for this purpose
Special Government Rate
Because the section manager took a position in
another WSU department, you were required to
attend the national conference in her absence.
You have set up your travel plans to include a
brief vacation at a resort hotel located a few
hours from the conference site. You discover that
this resort hotel offers a government rate well
below the standard rate.
May you accept the reduced government rate?
Special Government Rate

Ethics Act section at issue:


Special Privileges
EEB FAQ:
If the rate is offered to all government employees,
whether or not they are on official business, then
yes
 If the hotel requires you to be on official business,
then you cannot accept the government rate; to
do so would be using your official position to
secure a special privilege

You won the raffle!
Your short vacation is over and the conference
has begun. As a registered attendee, your name
was automatically entered in a door prize
drawing. At the first plenary session in front of
the other 500 attendees, you are called to the
podium to receive an I-POD as the grand prize
winner. Congratulations!
What should (or must) you do with the I-POD?
You won the raffle!
Can you accept it?
 Whose I-POD is it?
 Who paid for your attendance at the
conference?
 Ethics Advisory Opinion 98-10, amended
July 2007

Promotional Items
After calling the University Ethics Officer and learning the
ethics rules regarding prizes and drawings, you begin
questioning your Ethics Act knowledge and judgment. You
now wonder whether you can accept the souvenir tote bag
commemorating this year’s national conference as well as the
promotional items you accepted as you walked through the
vendor display area. Your tote bag contains the following
items: pieces of candy, note pads, pens, highlighters, a
moderately nice stuffed animal worthy of re-gifting to your
niece, two bottles of water, a visor with a vendor’s logo, and a
2GB thumb drive with a vendor’s logo. You also consumed
about $20 worth of food at the vendor-sponsored reception.
Was accepting the food and promotional items permissible?
Promotional Items
Are each of the promotional items of nominal
value?
 Section 4 employees may also accept
promotional items of nominal value
 Non-Section 4 employees may use the $50
single source rule
 A Section 4 employee may accept food at a
reception (stand up) where attendance is
related to the employee’s duties

Internet Radio
One of your subordinate employees complains
to you that another one of your subordinate
employees is improperly using state resources
by listening to Internet radio on his stateowned computer on the agency network.
What, if anything, should you do?
Internet Radio

Use of state resources
RCW 42.52.160
 WAC 292-110-010

EEB Web page (ethics.wa.gov) ethics training
quiz: listening to Internet radio over a state
computer is more than de minimis use.
 Does it make a difference if the Internet radio
broadcast is already on the WSU network
(e.g., WSU radio)?

Fish Bowl
While paying for your meal at a local restaurant, you
notice a large fish bowl near the cash register. The
bowl contains numerous assorted business cards.
Written instructions near the fish bowl confirm your
hunch that persons leaving their business cards in the
fish bowl become eligible for a free lunch based on a
weekly drawing. You also notice a business card
belonging to a University vice president’s assistant in
the fish bowl. You personally know this employee to be
very ethical.
May you also place your business card in the fish bowl?
Fish Bowl

Use of state resources
RCW 42.52.160
 WAC 292-110-010


EEB Advisory Opinion 98-10, amended
July 2007:

State business cards should not be used for
drawings
Ethics in Public Service Act - Questions
Questions?
Contact Information

Frank Hruban
Assistant Attorney General
335.2636

Heather Lopez
Director, Internal Audit
335.2001