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