Download - Ethics in Washington State!
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Ethics in Washington State!
“The reputation of a thousand years is determined by the conduct of one hour.”
– Japanese proverb
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Training Objective
Understanding of the Ethics in Public Service Act
Update on recent EEB rules
Resources for questions
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Ethics
The embodiment of those values that the person or organization feels are important…, and spell our proper conduct and appropriate action.
- Merriam Webster
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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
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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
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Ethical Principles
Objectivity Selflessness Stewardship Transparency Integrity
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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
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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
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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
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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.
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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
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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
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Ethical Habits
“A long habit of not thinking a thingwrong gives it the superficial appearance of being right.”
–Thomas Paine
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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
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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
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The Green Zone
Any use that is reasonably related to your official duties
Combined Fund Campaign
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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
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The Red Zone
Prohibited Uses
Outside business interests Commercial uses Illegal or unprofessional activitiesPolitical activities, including lobbying
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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
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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
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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
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Quote
“If … you can’t be a good example, then you’ll just have to be a horrible warning.”
- Catherine Aird
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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
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It’s Question Time!
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