1 / 81

The State Ethics Law and You

The State Ethics Law and You. Presented by: Deborah Danner, Senior Counsel March 2, 2006. Overview of the Course. Key Ethical Concepts The State’s Ethics Law Ethics Resources. Key Ethical Principles.

ovid
Download Presentation

The State Ethics Law and You

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The State Ethics Law and You Presented by: Deborah Danner, Senior Counsel March 2, 2006 Ethics 2/28/2006

  2. Overview of the Course • Key Ethical Concepts • The State’s Ethics Law • Ethics Resources Ethics 2/28/2006

  3. Key Ethical Principles Ethics 2/28/2006

  4. “The reputation of a thousand years is determined by the conduct of one hour.” --Japanese Proverb Ethics 2/28/2006

  5. Why an Ethics Law? • An ethics law establishes minimum standards of conduct for performing public duties; • Supports public trust and confidence; • Eliminates impaired independent judgment; • Eliminates favoritism in performance of duties created by outside or personal interests. Ethics 2/28/2006

  6. Core Ethical Principle State employees hold a public trust that obligates them in a special way, to honesty and integrity in fulfilling responsibilities paramount in that trust is the principle that employees may not use position for personal gain or private advantage. Ethics 2/28/2006

  7. Components of Core Ethical Principles • Selflessness • Integrity • Objectivity • Accountability • Openness • Honesty Ethics 2/28/2006

  8. “The ultimate answer to ethical problems in government is honest people in a good ethical environment.” --John F. Kennedy Ethics 2/28/2006

  9. The State’s Ethics Law Ethics 2/28/2006

  10. Primary Topics for Discussion Use of State Resources Use of Resources for Political Purpose Confidential Information Gifts Ethics 2/28/2006

  11. Honoraria Outside Employment Conflicts of Interest Post-employment Restrictions Enforcement and Penalties Ethics 2/28/2006

  12. Use of State Resources Computer resources Office supplies Telephone Ethics 2/28/2006

  13. Use of State Resources Employees may not use state resources for personal benefit or gain unless within express exception allowed by Ethics Law or WAC 292-110-010. Resources include people, time, money and property. An employee may use state resources to benefit others if part of that employee’s official duties. Ethics 2/28/2006

  14. Use of State Resources Narrowly Construed Occasional & limited use permitted if: • It does not result in any cost to the state; • It does not interfere with performance of official duties; • Brief and no disruption due to volume or frequency; • Does not compromise security or integrity of state information or software; Ethics 2/28/2006

  15. Examples of Acceptable Use: • Occasional local telephone call for medical and dental appointments, child or elder care arrangements, transportation coordination, etc. • Occasional and brief personal e-mail messages. Ethics 2/28/2006

  16. Examples of Improper Use: State resources cannot be used for: • Any purpose during breaks. • Any purpose after work hours. • Frequent and/or long personal telephone calls. • Lengthy and/or frequent personal e-mail messages. Ethics 2/28/2006

  17. Any use for purpose of conducting an outside business, even if non-profit; Supporting, promoting or soliciting for an outside organization or group UNLESS authorized by agency; Any campaign or political use; Commercial uses such as advertising or selling; Illegal activity. Private use of resources prohibited even if no cost and occasional: Ethics 2/28/2006

  18. No private use of state property which has been removed from state facilities - even if no cost to state; No private use of any state property which is consumable e.g. paper, pens, etc. No private use of state computers or other equipment to access computer networks, data bases or bulletin boards for personal use unrelated to an official business purpose. Additional Limits on Use of State Resources: Ethics 2/28/2006

  19. Reimbursement Generally Prohibited: Personal use of state resources may not be reimbursed so that there is no actual cost to the state. Allowing systematic reimbursement rationalizes personal use. Ethics 2/28/2006

  20. Use of State Resources for Political Campaigns Basic rule: A state officer/employee may not use state resources or facilities for political campaigns, or for promotion/ opposition to ballot proposition. Ethics 2/28/2006

  21. Definition of Agency Facilities Facilities of an agency are broadly construed to include, but are not limited to, stationery, postage, machines, equipment, use of state employees during working hours, vehicles, office space, publications of the agency, and clientele lists of persons served by the agency. Ethics 2/28/2006

  22. Knowing Acquiescence Prohibited An employee with authority to direct, control or influence the actions of another officer or employee may not knowingly acquiesce in the other employee’s use of state resources for a political campaign. Ethics 2/28/2006

  23. Political Activity Permitted if Normal & Regular Agency Conduct The prohibition against political campaigns and ballot opposition/support does not apply to activities that are part of the normal and regular conduct of the agency. (At EWU Legislative Affairs personnel). Ethics 2/28/2006

  24. Cautionary Tale Electronic mail, facsimile transmissions, and voicemail are technologies that may create an electronic record. . . . Such records may be subject to disclosure under the public disclosure law, or may be disclosed for audit or legitimate state operational or management purposes. WAC 292-110-010(7). Ethics 2/28/2006

  25. Confidential Information Top Secret Information Ethics 2/28/2006

  26. A State officer/employee may not either during or after employment: 1. Disclose confidential information to an unauthorized person or intentionally conceal a document subject to disclosure. 2. Disclose confidential information for personal benefit or to benefit another. 3. Accept employment or engage in business, if it might reasonably be expected to induce or require the disclosure of confidential information. Ethics 2/28/2006

  27. Concealment of Public Records Employees must disclose public records subject to the public disclosure act, RCW 42.17. Ethics 2/28/2006

  28. Failure to Disclose Public Records The employee who fails to release records must be able to demonstrate the decision to withhold the records was made in good faith. Refer requests to University’s Public Records Officer. Ethics 2/28/2006

  29. Gift Analysis Ethics 2/28/2006

  30. Basic Rules for Gifts • If it could reasonably be expected to influence the performance or nonperformance of the employee’s official duties. • From any person with a value in excess of $50 per year. • Note: includes gifts to family members. A state employee may not accept a gift . . . Ethics 2/28/2006

  31. Gift Analysis You May Not Accept an Item if . . . The item has been offered to you with the intent of influencing you in the performance of your official duties. A reasonable person could expect the item to influence you in the performance of your official duties. Ethics 2/28/2006

  32. Is the Item: From family or friends and clearly not intended to gain influence? Related to outside business? Exchanged among co-workers at social event? Ethics 2/28/2006

  33. Is the Item: Payment of fees and expenses for a course sponsored by a nonprofit entity? Given to charity within 30 days of receipt? Ethics 2/28/2006

  34. Is the Item: Reasonable expenses (travel, room and meals) for a speech or seminar? A discount available as a member of an employee group or similar broad-based group? If so, the items may not be a gift under this law. Read on to see if you can accept it. Ethics 2/28/2006

  35. Items you may accept (if unsolicited and not subject to Section 4): Flowers or plants. Advertising & promotional items. Plaques & awards of appreciation. Items received to evaluate as part of your job, if no beneficial interest in the eventual choice. Publications related to official duties. Food & beverages at hosted reception. Ethics 2/28/2006

  36. Additional items you may accept (if unsolicited and not Section 4): Admission to, and food & beverages consumed at, a civic, governmental or charitable event. Gift from dignitaries. Food & beverages on infrequent occasions in the ordinary course of meals, when related to official duties. Ethics 2/28/2006

  37. Section 4 Employees: Subject to additional restrictions related to the receipt of gifts. Ethics 2/28/2006

  38. Stricter Rules Apply to State Employees Who Participate in Decisions about Goods and Services (Section 4 Employees): If a state employee participates in decisions to acquire goods & services, there are stricter limits on what the employee may accept from those providing the goods or services. “Participate” means to participate personally and substantially through approval, disapproval, decision, recommendation, the rendering of advice, investigation or otherwise. Ethics 2/28/2006

  39. Section 4 Employees Meet Three Criteria: 1. Work for a regulatory agency or agency that seeks to acquire goods or services. 2. The person giving the gift is regulated by the agency or seeks to provide goods or services to the agency. 3. The officer or employee participates in those regulatory or contractual matters with that person. Ethics 2/28/2006

  40. “Section 4 Employees” May Only Accept: Unsolicited advertising or promotional items of nominal value, such as pens or notepads. Ethics 2/28/2006

  41. “Section 4 Employees” May Only Accept: Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item. Ethics 2/28/2006

  42. “Section 4 Employees” May Only Accept: Unsolicited items received for evaluation or review, if no personal beneficial interest in agency use or acquisition. Food and beverages consumed at hosted receptions where attendance is related to the employee’s official duties. Ethics 2/28/2006

  43. “Section 4 Employees” May Only Accept: Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization. Items from family member or friends where clear purpose was not to influence. Ethics 2/28/2006

  44. “Section 4 Employees” May Only Accept: Customary items related to outside business. Items exchanged at social events by coworkers. Properly reported campaign contributions. Publications related to official duties. Discounts available to individual as member of a broad-based group. Ethics 2/28/2006

  45. “Section 4 Employees” May Not Accept: Flowers Gifts from dignitaries Food & beverages on infrequent occasions in the ordinary course of meals, when related to official duties Reasonable expenses (travel, room & meals) for speech or seminar Gifts valued at less than $50 Ethics 2/28/2006

  46. Honoraria Ethics 2/28/2006

  47. Honoraria Definition: An honoraria is money or anything of economic value offered for a speech, appearance or article in connection with official duties. Ethics 2/28/2006

  48. Basic Rule: A state officer/employee may not receive an honoraria unless it is specifically authorized by his or her agency. Ethics 2/28/2006

  49. An Agency May Not Permit Acceptance of an Honoraria Under the Following Circumstances: 1. The person offering the honoraria is seeking or is reasonably expected to seek a contract with the agency and the officer or employee is in a position to participate in the terms of the contract or grant. Ethics 2/28/2006

  50. An Agency May Not Permit Acceptance of an Honoraria Under the Following Circumstances: 2. The person offering the honoraria is regulated by the agency and the employee is in a position to participate in the regulation. 3. The person offering the honoraria may seek or oppose enactment of legislation, adoption of rules or changes in policy by the agency and the employee is in a position to participate in the enactment or adoption. Ethics 2/28/2006

More Related