Ethics in Public Service Act

1. Ethics in Public Service Act May 11, 2009 Ethical Use of Resources Presented by Senior Counsel, Assistant Attorney General Derek Edwards Washington State Office of the Attorney General

2. Ethics Rules References • Ethics in Public Service Act, Ch. 42.52 RCW. • Executive Ethics Board Rules, Ch. 292-110 WAC. • Executive Ethics Board Advisory Opinions http://ethics.wa.gov/

3. Use of State Resources • A state officer or employee may not use state resources–the office, money, property, time, or personnel–for personal benefit or to benefit another person. • This restriction does not apply if a state officer or employee uses state resources to benefit others as part of the officer’s or employee’s official duties.

4. Use of State Resourcesde minimis rule • When may an employee use state resources for personal purposes? - There is little cost to the state • Must be brief in duration, occur infrequently, and use does not interfere with the performance of any employee’s official duties • The use must not compromise the security or integrity of state property, information, or software.

5. Prohibitions Against Use of State Resources • Cannot use any state resources for outside business, employment, or private financial gain. • Cannot support, promote, or solicit for an outside organization or group without the College President’s approval • Cannot use state resources for campaigns, ballot propositions, or prohibited lobbying, including grass roots lobbying

6. Specific Prohibitions • Cannot use state property removed from state facilities or official duty stations. • Cannot use consumable state resources for non-college purposes, such as paper, envelopes, or spare parts.

7. Use of State Resources • Public employees may use computers, email, the internet and other technologies, so long as the use complies with the de minimis rule and is not otherwise prohibited. • No expectation of privacy in using state resources that create an electronic record.

8. Political Campaigns • Basic Rule: A state officer or state employee may not use state resources for political campaigns or to support or oppose ballot propositions. • The prohibition applies to knowing acquiescence: A state officer or employee, with authority to direct, control, or influence the actions of another officer or employee, may not knowingly acquiesce in the other officer’s or employee’s use of state resources for a political campaign. • The prohibition does not apply to activities that are part of the normal and regular conduct of the agency.

9. Examples of Ethical Misconduct • Storing or downloading sexually explicit images, personal photographs, excessive personal email. • Using state resources to make repairs on personal vehicles. • Surfing the internet for personal banking, purchases, visiting dating sites, employment resources.

10. Examples (continued) • All campus or all faculty emails announcing pending legislation and its effects • Listening to “streaming music” from the internet for hours at a time • Misuse of college issued cell phones for personal calls (no de minimis usage) • http://www.ethics.wa.gov/ENFORCEMENT/Results_of_Enforcement.htm

11. Don’t accept gifts Seek approval for honoraria early Don’t make personal use of state resources Don’t use state resources for political campaigns Don’t accept compensation for outside activities related to your work as a state employee Don’t assist in state transactions you influence Avoid financial interest in state transactions you influence Don’t disclose confidential information Plan employment following state service to avoid conflict Summary

12. Summary • Before you act, ask yourself the questions: “How would this appear to a KING television investigative reporter seeking to expose state employee misconduct?” “How would this appear on the front page of the Seattle Times?”