E THICS IN P UBLIC S ERVICE RCW 42.52. C OURSE OBJECTIVES Gain a general understanding of the basic ethical standards for state employees. Learn where.

ETHICS IN PUBLIC SERVICERCW 42.52

COURSE OBJECTIVES Gain a general understanding of the basic

ethical standards for state employees.

Learn where to find information regarding ethical standards and the use of state resources.

Be able to identify potential violations of the Ethics Act, RCW 42.52.

WHAT IS THE ETHICS ACT?

A single code of ethics that applies to ALL branches of state government.

Certain provisions apply AFTER you leave state service

WHY WE HAVE THE ACT

1.Holds us accountable to the public for:

• Access to confidential information• Use of public equipment• Use of technology• Our time

2.To insure we don’t use our position or authority for personal gain

WHAT IS COVERED UNDER THE ACT?

Minimum standard of conduct while performing public duties

Agencies may have policies that are stricter than the law…

Know your agency’s policies as well as the Ethics Act

EX

EC

UTIV

E E

TH

ICS

B

OA

RD

Case Sanctions

Civil Penalties

Investigative Costs

Agency Restitution

Letter of Reprimand

**Can take NO personnel

action

Five member board

Interpret Ethics Act Formal and informal advice Publish rules (WACs)

Publish Advisory Opinions Agency-requested Individual-requested

Provide training

Adjudicate complaints Make determination of violation Determine civil penalty

BOARD JURISDICTION

Cabinet agencies Separately-elected

officials and agencies Boards & commissions Vocational/technical

colleges Community colleges Public colleges/universities WSP

Legislative branch Judicial branch County employees Municipal

employees Other local-elected

officials K-12 teachers

Employees and Officials in Executive Branch of State Government

NO jurisdiction over:

SAFE HARBOR

Agency policy approved by EEB

No sanctions for conduct that was permitted under the board-approved agency policy

If conduct occurred after policy approved

COMPLAINTS

Received from several sources: Public Agency Auditor Whistleblower investigations Co-worker (the norm)

Investigated by Board Investigator

Dismissed or presented to Board for Reasonable Cause determination

Board dismisses or finds violation occurred

Respondent has ability to appeal Board findings through court system

CONFLICT OF INTERESTYou cannot:

◦ Have direct or indirect financial interest◦ Engage in a business or transaction or

professional activity ◦ Incur any obligation

With anyone you

regulate or contract with

TYPES OF CONFLICT

Private business transactions

Volunteer activities

Professional conflicts

HOW TO HANDLE A CONFLICT

AbstainDiscloseReview written proceduresObtain screening memo

FINANCIAL INTEREST IN A TRANSACTION

You may have a financial interest if you have an interest in a contract that is made by you, through you, or is under your supervision.

You may have a financial interest if you receive compensation from any other person beneficially interested in a contract made by you, through you, or is under your supervision.

ASSISTING IN A TRANSACTION

May not help a person in a transaction against or involving the state, if you participated in that transaction while you were a state employee.

Why not?? So you have no outside interests in the

outcome of decisions you make regarding your job responsibilities.

So that once you have made a decision or supervised the team that made the decision, you cannot give advice or switch sides and assist the outside interest.

CONFIDENTIAL INFORMATION

A state officer or state employee may not disclose confidential information to an unauthorized person.

Cannot withhold information that should be disclosed

SPECIAL PRIVILEGES

• You may not use your state position to secure special privileges or to grant exemptions to benefit yourself, family members or other persons.

HOW YOU RECEIVE A SPECIAL PRIVILEGE

Broad-based

Occupational group

Employee groupDis

cou

nts

EMPLOYMENT AFTER STATE SERVICE

Applies equally to ALL former state employees

Two main restrictions apply

Contract restrictionContinuing restriction

CONTRACT RESTRICTIONIf during the two years immediately before you leave state employment, you negotiate or administer a contract with “Company A,” AND

The contract(s) had a total value in excess of $10,000, AND

Your duties with Company A include fulfilling or implementing that contract…

YOU MUST WAIT ONE YEAR BEFORE YOU TAKE THE JOB

CONTINUING RESTRICTION

You may not assist any non-state entity with any transaction involving the state if you participated in that transaction at any time during your state employment.

COMPENSATION FOR OFFICIAL DUTIES

State employees may not receive/accept any type of gift or compensation for doing their job.*

* This does not apply to performance awards received from state employers.

BASIC GIFT RULES

You may not accept a gift, if it

could reasonably be expected

to influence the performance or

nonperformance of your duties.

$50 RULE

A state officer or state employee

may accept a gift with a value less

than $50 from a single source or

from multiple sources with a

cumulative value of $50 per year.

ARE YOU A “SECTION 4” EMPLOYEE?

Are you employed by a regulatory agency or an agency that seeks to acquire goods or services?

Does your agency regulate or contract with the person giving the gift?

Did you participate in the regulatory or contractual matters with that person?

SECTION 4 EMPLOYEES CAN ONLY ACCEPT:

Advertising and promotional items

Tokens of appreciation

Discounts to broad-based groups

Food and beverages

at a hosted

reception

SECTION 4 EMPLOYEES MAY NOT ACCEPT

Flowers

Payments for reasonable expenses in connection with a speech

Food and beverages served in the ordinary course of meals

WHAT DO I DO?

Do not accept the gift

Return to Sender

within 30 days

Donate to Charity

Contact ethics advisor

USE OF STATE RESOURCES

You may not use state resources – the office, money, property, or personnel – for personal benefit or to benefit another person.

WHAT ABOUT A LITTLE USE? (DE MINIMIS USE)

• Little or no cost to the state

• No interference with official duties

• Brief in duration and frequency

• Does not distract from state business

• Does not disrupt other state employees

• Does not compromise integrity of state data

STOP AND THINKWill my use result in added costs or other disadvantages to the state?

Am I using this resource in order to avoid personal expense?

Will my use compromise the security or integrity of state information?

Will my use embarrass me or my agency if reported publicly?

OTHER PROHIBITED USES

Outside business interests

Supporting private groups,

Illegal or unprofessional activities,

including gambling, games and adult

oriented material

Equipment removed from the

workplace

NO USE FOR POLITICAL CAMPAIGNS

A state officer or state employee may not use state resources to campaign for the election of a person or ballot initiative.

TEST YOUR KNOWLEDGE