XXX State Ethics In Public Service Act

1. XXX State Ethics In Public Service Act RCW 42.52

2. Objectives • Have a general understanding of the basic ethical standards for state employees • Know where to find information to clarify ethical rules and standards and college policies • Know who to contact for advice on ethical issues

3. The Act • RCW 42.52 applies to all state employees or officials • It establishes minimum standards of conduct • State employees: • Hold a public trust and confidence • Independent judgment is not impaired • Do not demonstrate favoritism • Outside and personal interests are kept separate from official duties • Paramount is the principle that public employment may not be used for: • Personal Gain • Private Advantage

4. The Executive Ethics Board • Five members – established in 1995 • Independent agency – receives complaints • Investigates and rules on violations of Ethics Act • Enforcement: Civil penalties: • $5,000 per violation or three times the economic value received • Restitution • Recovery of investigative costs

5. Conflicts of Interest RCW 42.52.020 - Activities incompatible with public duties. No state officer or state employee may have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officer's or state employee's official duties. You 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

6. Types of Conflicts • Private business transactions • Volunteer activities • Professional conflicts

7. How to Deal With a Conflict • Abstain • Disclose • Review written procedures • Obtain screening memo

8. Test Your Knowledge • A faculty member of the college owns a painting company. During the summer they have too much business and run short of painters. Students from his summer class want to work part-time for him. • A marine biologist who teaches at the college has authored a book, Tide Pools and Tadpoles of the Northwest. He and his team want students to purchase this book when they register for their program. • A supervisor at the college owns several condos in lovely faraway places. This summer she made plans to stay at one of her condos, but injured herself and had to stay at home. She wants to offer her condo to one of her subordinates for rent during that time.

9. Confidential Information RCW 42.52.050 - Activities incompatible with public duties. No state officer or state employee may accept employment or engage in a business or professional activity … personal gain or benefit or the gain or benefit of another… by making disclosure of confidential information… or disclose confidential information to any person not entitled or authorized to receive the information. What is Confidential Information? • Personal employee information, • Test questions, • Applications for public employment and contracting, • Employees’ and volunteers’ residential addresses and residential telephone numbers

10. Special Privileges RCW 42.52.070 Except as required to perform duties within the scope of employment, no state officer or employee may use his or her position to secure special privileges or exemptions for himself or herself, or his or her spouse, child, parents, or other persons. A Double-Edged Sword • You cannot use your position to give a privilege to yourself or others • You cannot use your position to receive a privilege What are not considered a special privilege • Discounts that are broad-based – apply to all state employees • Discounts available to members of an occupational group • Discounts available to members of an employment group • Frequent traveler benefits earned on official state travel

11. Test Your Knowledge • An employee of your college’s purchasing department takes care of billing for office supplies. He thinks the college is paying too much for paper. He makes copies of billings for his wife who works for a paper company and offers to provide paper at a lesser cost. • You know your college will be surplusing computer equipment next month. You and a friend run a small business on the side. The announcement of this surplused property will be sent out next week, giving the public two days to ascertain if they want to bid on the list of equipment. You are having lunch with your friend and give him a list of equipment that is being surplused.

12. Post-state Employment RCW 42.52.080 Individuals cannot benefit from decisions made while in state service when later employed in the private sector. The Contract Restriction • If 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

13. Compensation for Official Duties RCW 42.52.110 No state officer or state employee may, directly or indirectly, ask for or give or receive or agree to receive any compensation, gift, reward, or gratuity from a source for performing or omitting or deferring the performance of any official duty… 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.

14. Gifts RCW 42.52.140 & .150 • $50 Limit • Special benefits, discounts and rewards • “Section 4” Employee • Return to donor within 30 days or • Donate to a charity organization

15. Test Your Knowledge • A professor at the college is given a beautifully wrapped Christmas gift at the beginning of finals week by one of her students. • You attend a conference where the college paid your travel costs. On the last day of the conference you win a door prize from a vendor: a new Kindle Fire. • An athletic clothing company the college uses to purchase gives each of the CRC employees a new set of work-out clothes.

16. Use of State Resources RCW 42.52.160 • No state officer or state employee may employ or use any person, money, or property under their official control or direction, or in his/her official custody, for the private benefit or gain of themselves or another.

17. De Minimis Rule • The use does not disrupt other state employees and does not obligate them to make a personal use of state resources • The use does not compromise the security or integrity of state information or software • Little or no cost to the state • Any use is the most effective use of time or resources • There is no interference with the performance of official duties • The use is brief in duration and frequency

18. Prohibitions of “De Minimis” • Conducting outside group activities, unless authorized • Campaigning for a candidate, or an issue • Any use for commercial purposes such as advertising or selling • Illegal activities or activities incompatible with a professional workplace • Any use of consumable state resources

19. Your Time Equipment Benefit of Others (Commercial, Non-profits, political, ….) Personal Gain/Profit Off Facility Use TESCTalk & TESCCrier Use of State Resources What is a state resource? http://www.evergreen.edu/policies/policy/useoftesctalkandtesccrier

20. Campaigning • Prohibition against using state resources to campaign on behalf of a candidate, ballot initiative, or lobbying

21. Stop and think • Will my use result in added costs or other disadvantages to the state? • Am I using this resource in order to avoid personal expense?

22. Stop and think • Will my use compromise the security or integrity of state information? • Will my use embarrass me or my agency if reported publicly?

23. Recent Penalties – related to personal gain • A Employment Securities Dept employee was fined $1,000, internet use included: • Yahoo mail account – 198 visits • Fantasy Football - >1,000 visits • CBS Sports news – 755 visits • Wells Fargo on-line banking – 29 visits • Online shopping 216 visits • An employee of L&I was fined $1,500 • During a 9 month period had over 1,580 hits on non-work related websites. He also had nearly 400 non-work related emails covering a 7 month time frame A DSHS employee was fined $10,000 • She worked simultaneously for a private non-profit during her scheduled state work hours

24. Your Ethics Resources • Supervisor, Department Dean, or Director • College Ethics Officer – • Washington State Executive Ethics Board www.ethics.wa.gov 360-664-0871 • State Auditor’s Office www.sao.wa.gov 360-902-0370