Ethics in Public Service ActEthics in Public Service Act

May 11, 2009 Ethical Use of ResourcesMay 11, 2009 Ethical Use of Resources

Presented by Senior Counsel, Assistant Presented by Senior Counsel, Assistant Attorney General Derek EdwardsAttorney General Derek Edwards

Washington State Office of the Attorney Washington State Office of the Attorney GeneralGeneral

Ethics Rules ReferencesEthics 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/

Use of State ResourcesUse 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.

Use of State ResourcesUse of State Resourcesde minimis de minimis rulerule

• 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.

Prohibitions Against UseProhibitions Against Use of State Resources 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

Specific ProhibitionsSpecific 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.

Use of State ResourcesUse 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.

Political CampaignsPolitical 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.

Examples of Ethical MisconductExamples 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.

Examples (continued)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

SummarySummary• 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

SummarySummary

• 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?”