ethics in washington state!

Ethics in Washington State!

“The reputation of a thousand years is determined by the conduct of one hour.”

– Japanese proverb

Training Objective

Understanding of the Ethics in Public Service Act

Update on recent EEB rules

Resources for questions

Ethics

The embodiment of those values that the person or organization feels are important…, and spell our proper conduct and appropriate action.

- Merriam Webster

Ethical Choices

What you find is that the tough ethical choices are not between good and evil, but rather between two goods:

Truth versus Loyalty

Individual versus Community

Short-term versus Long-term

Justice versus Mercy

Good People - Bad Choices

Deadlines or performance goals Lack of resources, human or otherwise Pressures to produce and get the job

done The action is not really illegal or unethical The action is in the individual’s or

organization’s best interests The action will never be discovered Fear of authority

Ethical Principles

Objectivity Selflessness Stewardship Transparency Integrity

Objectivity

Public employees must place the public’s interest before any private interest or outside obligation - choices need to made on the merits. RCW 42.52.020, Activities incompatible with public duties

RCW 42.52.030, Financial interests in transactions

RCW 42.52.040, Assisting in transactions

Conflict of Interest

A conflict of interest occurs when you have a private interest that may benefit from your actions, or when a private interest could interfere with official duties

An interest need not be financial to create a conflict of interest

Most conflicts result from the exercise of discretionary authority

Selflessness

Public employees should not make decisions in order to gain financial or other benefits for themselves, their family, or their friends.

RCW 42.52.070, Special privileges

RCW 42.52.140, Gifts

RCW 42.52.150, Limitations on gifts

RCW 42.52.170, Giving, paying, loaning, etc., any thing of economic value to state employee

RCW 42.52.080, Employment after public service

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.

Gifts

General rules Those items that are not gifts Those items that are gifts, but not

subject to the $50 limitation Rebuttable presumption these do not

influence The only items that may be accepted by

employees who contract or regulate Rules apply to donors of gifts

Post-state Employment

Former state officers or employees may not benefit from state employment

Contract restriction Beneficial interest restriction Offers of employment Prohibition against participating in previous

state transactions Situations are fact-specific

Ethical Habits

“A long habit of not thinking a thingwrong gives it the superficial appearance of being right.”

–Thomas Paine

Stewardship

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

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

The Use Zones

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

• Green Zone – Official Duties

• Yellow Zone – Personal Use Under Limited Circumstances

• Red Zone – Prohibited Uses

The Green Zone

Any use that is reasonably related to your official duties

Combined Fund Campaign

The Yellow Zone

Personal use OK under limited circumstances and are Really de minimis exceptions

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 distract from the conduct of state business; andThe use does not disrupt other state employees and does not obligate them to make a personal use of state resources

The Red Zone

Prohibited Uses

Outside business interests Commercial uses Illegal or unprofessional activitiesPolitical activities, including lobbying

Integrity

Employees in public service should not place themselves under any financial or other obligation to outside individuals or organizations that might influence them in the performance of their duties.

•RCW 42.52.020, Activities incompatible with public duties

•RCW 42.52.110, Compensation for official duties or nonperformance

•RCW 42.52.120, Compensation for outside activities

•RCW 42.52.130, Honoraria

Outside Compensation

Work must be bona fide and actually performed

Cannot relate to a contract or grant you supervise

Must comply with agency policies on outside employment

Cannot be compensated by anyone you contract with or regulate

Cannot relate to a contract or grant you authorize

Cannot involve the disclosure of confidential information

If outside employment is for a state agency Contract/grant must be awarded by an open

and competitive process with more than one bid;

Executive Ethics Board approval required if Competitively bid, but only bid is from state

officer or state employee; No open and competitive process

Contracting with State Agencies

Quote

“If … you can’t be a good example, then you’ll just have to be a horrible warning.”

- Catherine Aird

Executive Ethics Board

Interprets and enforces the ethics law

Issues advisory opinions Reviews agency ethics policies Investigates and hears complaints Imposes sanctions for violations

Disciplinary action also may be taken by the agency

It’s Question Time!

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