Updated 2/9/05

Ethics In Public Service“The reputation of a thousand years is

determined by the conduct of a single hour.”

-Japanese proverb

Updated 2/9/05

Ethics Defined

The embodiment of those values that the person or organization feels are important

and spell out proper conduct and appropriate action.

- Merriam Webster

Updated 2/9/05

Training Objective

•Understanding Ethics in Public Service

•Definition and use of State Resources•What is allowable•What is prohibited

•Resources for questions

Updated 2/9/05

StewardshipPublic employees have a duty to conserve public resources and funds against misuse and abuse.

•RCW 42.52.070, Special privileges

•RCW 42.52.140, RCW 42.52.150, RCW 42.52.010: Gifts, Limitations on Gifts, Definitions

•RCW 42.52.160, Use of persons, money, or property for private gain

•RCW 42.52.180, Use of public resources for political campaigns

•WAC 292-110-010, Use of State Resources

Updated 2/9/05

Use of State Position

A state officer or employee may not use his or her state position to secure special privileges or to grant exemptions to benefit himself, herself, family members, or other persons.

Updated 2/9/05

Gifts

General Rule: Never accept a gift, gratuity, or any thing of value if the gift, gratuity, or thing of value could be reasonably expected to influence your vote, judgment or action.

Updated 2/9/05

Gifts“No state officer or state employee may receive, accept, seek or solicit, directly or indirectly, any thing of economic value as a gift, gratuity, or favor from a person if it could be reasonably expected that the gift, gratuity, or favor would influence the vote, action, or judgment of the officer or employee, or it would be considered as part of a reward for action or inaction.” (RCW 42.52.140)

Updated 2/9/05

Gifts - Definitions and LimitationsDefinition of a gift RCW 42.52.010 (10) (a)(10) “Gift” means anything of economic value for which no

consideration is given.(a) “Gift” does not include “Items from family members or

friends where it is clear beyond a reasonable doubt that the gift was not made as a part of any design to gain or maintain influence…..”

Limitations on Gifts RCW 42.52.150“No state officer or employee may accept gifts…..with an aggregate value in excess of $50.00 from a single source in a calendar year…..”

Updated 2/9/05

Example• A salesperson hands you

small promotional items (such as notepads or pens) at a training conference.

This is not an ethical violation!

Updated 2/9/05

Why?

Unsolicited advertising on promotional items of nominal value are presumed NOT to influence under RCW 42.52.140

Updated 2/9/05

Example• Your name was chosen for a

door prize after you entered a drawing at an event you attended in your official capacity.

This is an ethical violation!

Updated 2/9/05

Why?According to advisory opinion 98-10: You did not pay any consideration to participate in or compete in the door prize drawing and this may create the appearance that entry is primarily for personal reasons that are unrelated to official duties.

Updated 2/9/05

State ResourcesWhat are state resources?

Anything purchased or provided by the state or property owned, leased, or rented by the state.

Examples include: computers, copiers, fax machines, phones, the Internet, IT bandwidth, vehicles, conference rooms, break rooms, paper, pens, etc.

Updated 2/9/05

Questions to Ask YourselfWill my use of state resources result in added costs or any other disadvantage to the state?

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

Am I confident that my use of state resources will not compromise the security or integrity of state information or software?

Are state resources being used for purposes that could be embarrassing for my agency if reported publicly?

Updated 2/9/05

Use of State Resources

• General prohibition against use of state resources for private benefit or gain.

• de minimis exceptions - limited unofficial use is allowed if:• There is little or no cost to the state;• There is no interference with the performance of official

duties;• The use is brief in duration and frequency;• The use does not compromise the security or integrity of

state information, property or software.• An agency may authorize the personal use of state resources if the

use improves organizational effectiveness.

Updated 2/9/05

Use of State Resources

What does this mean in practical terms on a daily basis?

This means that occasional local telephone calls for medical and dental appointments, child or elder care arrangements, transportation coordination, etc., are acceptable.

This means that occasional and brief personal e-mail messages are acceptable.

This does not mean state resources can be used for any

personal purposes during break/lunch periods.

Updated 2/9/05

Internet• While de minimis use of e-mail has been allowed by the

state under WAC 292-110-010, the state has authorized internet usage ONLY if the employee’s agency has adopted a policy governing internet access.

• EWU does NOT have a board approved policy in place for de minimis personal use of the Internet. Therefore, any use of the internet for other than official duty is considered an ethics violation.

Updated 2/9/05

• Outside business or commercial activities, whether or not for profit

• Supporting, promoting, or soliciting for an outside organization or group

• Illegal or unprofessional activities• Political activities• Personal use of state property that has

been removed from state grounds

Absolute Prohibitions

Updated 2/9/05

Example• An agency determines that

an evening class will enhance the job skills of an employee and allows the employee to use her office computer to do homework. The employee prints her homework using the office printer.

This is not an ethical violation!

Updated 2/9/05

Why?

Since the activity takes place after working hours, does not interfere with employee’s official duties and enhances job skills, the agency determined that the use will promote organizational effectiveness.

Updated 2/9/05

Example• On a daily basis, you

call home to make sure your children are okay or you have them send you an email.

This is not an ethical violation!

Updated 2/9/05

Why?de minimis exception - The Board allows limited unofficial use if:

•There is little or no cost to the state

•There is no interference with the performance of official duties;

•The use is brief in duration and frequency;

•The use does not compromise the security or integrity of state information or software.

Updated 2/9/05

Example• Using the office copier and

paper, you make 25 copies of your child’s baseball team’s schedule and distribute to the parents at the next game.

This is an ethical violation!

Updated 2/9/05

You are using state resources that provide a private benefit to yourself or for another person and are prohibited by RCW 42.52.160(1)

Why?

Updated 2/9/05

Example• Every spring a group of

employees meets during lunch to organize an agency softball team. The meeting is held in a conference room that is not needed for agency business during the lunch hour.

This is not an ethical violation!

Updated 2/9/05

There is little or no cost to the state, the meeting does not interfere with the performance of official duties, and off site recreational activities such as softball teams can improve organizational effectiveness.

Why?

Updated 2/9/05

Example• You have a personal legal

matter and need to fax several pages to your attorney. You use the office fax machine to fax the documents.

This is an ethical violation!

Updated 2/9/05

You are using state resources that provide a private benefit to yourself or for another person and are prohibited by RCW 42.52.160(1)

Why?

Updated 2/9/05

Example• You play Internet games or

downloaded games from home using your state computer during breaks, during lunch, or before and after work.

This is an ethical violation!

Updated 2/9/05

•You are using state resources that provide a private benefit to yourself or for another person and are prohibited by RCW 42.52.160(1).

•It is a violation if the person plays games during their work hours and since the computer remains the property of the state even during breaks, lunches, and before and after work hours - it would still be a violation.

Why?

Updated 2/9/05

Example• You access your state

provided retirement account via the Internet to make a quick change to the account or you use the Internet to make a change to your state provided health care insurance.

This is not an ethical violation!

Updated 2/9/05

Why?

Under advisory opinion 03-01 the State Executive Ethics Board ruled occasional and limited use of the internet to review and update state provided benefits would not violate the Ethics in Public Service Act.

Updated 2/9/05

Example• Using the SCAN system,

you call your child who is away at college every Friday to chat, talking 5-15 minutes each time.

This is an ethical violation!

Updated 2/9/05

You are using state resources that provide a private benefit to yourself or for another person and are prohibited by RCW 42.52.160(1)

Why?

Updated 2/9/05

Example• While on an errand for the

office in the state vehicle, you stop at the store and pick up a few groceries and drop them off at your house.

This is an ethical violation!

Updated 2/9/05

Why?

You are using state resources that provide a private benefit to yourself or for another person and are prohibited by RCW 42.52.160(1)

Updated 2/9/05

Example

• An employee sends another employee an email wishing him or her a happy birthday.

This is not an ethical violation!

Updated 2/9/05

Why?de minimis exception - The Board allows limited unofficial use if:

•There is little or no cost to the state

•There is no interference with the performance of official duties;

•The use is brief in duration and frequency;

•The use does not compromise the security or integrity of state information or software.

Updated 2/9/05

Example

• You send an email to your senator opposing the confirmation of a nominee for federal office.

This is an ethical violation!

Updated 2/9/05

• RCW 42.52.180 prohibits the use of state facilities for political campaigns, ballot titles, initiatives, etc.

•“Facilities” includes, but is not limited to: stationery, postage, machines, equipment, use of staff during working hours, vehicles, office space, and clientele lists of persons served by your agency.

• CAUTION: You can violate the ethics law if you allow the use of public resources for political purposes and do not act to stop the use.

Why?

Updated 2/9/05

Example

• You own a wine shop and send an email to your division on your last day of work with the state and tell folks about the wine shop and encourage them to stop by sometime.

This is an ethical violation!

Updated 2/9/05

YOU TELL ME!

Why?

Updated 2/9/05

Questions to Ask Yourself

Are my actions relevant and related to what I’ve been hired to do?

How would this look on the front page of the newspaper?

Are state resources being used for purposes that could be embarrassing for my agency if reported publicly?

Updated 2/9/05

Whistleblower ActRCW 42.40Any current Washington State employee may report in

good faith a suspected improper governmental activity through the Whistle Blower Program.

Improper governmental activity is defined as an employee action which is a gross waste of public funds, or a violation of federal or state law or rules, or of substantial and specific danger to public health and safety.

The activity must be reported within one year after occurrence of the action.

Updated 2/9/05

Whistleblower ActRCW 42.40, continuedAssertions may be filed anonymously, but including a

name and contact information enables more thorough investigations. Under state law the Whistleblowers name is normally kept CONFIDENTIAL, but this right can be waived.

Under RCW 42.40 it is unlawful to retaliate against whistleblowers; remedies for retaliation are available through the Washington State Human Rights Commission.

Updated 2/9/05

Whistleblower ActWhistleblower reporting forms and additional information can be found online at: www.sao.wa.gov/Whistleblower/index.htm

or from the Internal Audit Department at EWU:Rebecca Greene, 104 Showalter Hall, 359-6615

Whistleblower reporting forms should be mailed to: State Auditor’s Office Attention Ed P.O. Box 40021 Olympia, WA 98504-0021

Updated 2/9/05

Executive Ethics Board (EEB)

• Interprets and enforces the ethics law• Issues advisory opinions• Reviews agency ethics policies• Investigates and hears complaints• Imposes sanctions for violation• Disciplinary action also may be taken by

the agency

Updated 2/9/05

Executive Ethics BoardRecent Rulings• State employee used her state computer, e-mail, and Internet to

access non-work related sites on a daily basis. Settlement approved 9/10/04, fined $500. (2003-120)

• State employee accepted free transportation for himself and his family members to attend various state and private functions. Settlement approved 9/10/04, fined $5,000. (2003-146)

• State employee received inappropriate jokes on his state computer and distributed them to coworkers.Settlement approved 4/9/04, fined $500. The Board also issued a Letter of Reprimand. (2003-016)

Updated 2/9/05

Recent EEB Advisory Opinions

Issue:May state Higher Education faculty sell complimentary textbooks? (EEB Opinion 03-04)

Opinion: Employees may use or retain complimentary textbooks to perform official duties. The Ethics Act prohibits the use of official position and the use of any resource or property under official control for private (personal) benefit or gain, therefore the sale of these textbooks by faculty is inappropriate.

The textbooks can be disposed by giving them to the university or charity, disposing of them in accordance with agency adopted surplus property procedures, or returning them to the publisher.

Updated 2/9/05

Recent EEB Advisory Opinions

Issue:

May state employees use state vehicles or other state resources to attend meetings or conduct union business related to contract negotiations and administration? (EEB Opinion 02-01A)

Opinion:

An agreement between a collective bargaining unit and the state agency for the use of state paid time and resources for the exclusive purpose of contract negotiation and administration is acceptable.

Updated 2/9/05

Recent EEB Advisory Opinions

Issue:Does the Ethics in Public Service Act prohibit certain uses of state facilities by a union? (EEB Opinion 02-01A, continued)

Opinion: The use of a state vehicle to attend a union meeting is acceptable only if the meeting is held at an adjacent location and precedes or follows bona-fide state business. The use of state facilities for union activities that are not reasonably related to negotiation and administration of collective bargaining agreements are in conflict with the Ethics in Public Service Act.

Updated 2/9/05

Supervisor’s Responsibility• Identify prohibited use• Verify prohibited use or consult with Human

Resources• Take disciplinary action, if necessary• WHEN IN DOUBT . . . . .

• CONSULT• CONSULT• CONSULT

Updated 2/9/05

Resources for Questions• Executive Ethics Board website, including

frequently asked questions: www.ethics.wa.gov

• Director of Human Resources, Rights and Risk x. 2383

• Director of Internal Audit, x. 6615• State laws and regulations

• http://www.leg.wa.gov/RCW/index.cfm• http://www.leg.wa.gov/wac/index.cfm

QUESTIONS??