Ethics in Washington State!

1. Ethics in Washington State! “The reputation of a thousand years is determined by the conduct of one hour.” – Japanese proverb

2. Training Objective • Understanding of the Ethics in Public Service Act • Update on recent EEB rules • Resources for questions

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

4. 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

5. 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

6. Ethical Principles • Objectivity • Selflessness • Stewardship • Transparency • Integrity

7. 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

8. 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 discretionaryauthority

9. 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

10. 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.

11. 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

12. 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

13. Ethical Habits “A long habit of not thinking a thing wrong gives it the superficial appearance of being right.” –Thomas Paine

14. 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

15. 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

16. The Green Zone • Any use that is reasonably related to your official duties • Combined Fund Campaign

17. The Yellow Zone Personal use OK under limited circumstances and are Really de minimisexceptions • 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;and • The use does not disrupt other state employees and does not obligatethem to make a personal use of state resources

18. The Red Zone • Prohibited Uses • Outside business interests • Commercial uses • Illegal or unprofessional activities • Political activities, including lobbying

19. 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

20. 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

21. Contracting with State Agencies 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

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

23. 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

24. ??????????????????????? It’s Question Time!