Welcome to Ethics Training!
“The reputation of a thousand years is
determined by the conduct of one hour.”
– Japanese proverb
Training Objective
Clear Understanding of the Ethics in Public
Service Act
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Update on Recent Rules Changes
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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
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Individual versus Community
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Short-term versus Long-term
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Justice versus Mercy
Ethical Principals
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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
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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
Dilemma

You are a health inspector with a partnership
interest in a local restaurant, and are assigned
to perform an inspection of this same
restaurant.

Can you conduct the inspection? What
actions should you take?
Dilemma

A state employee serves on the board of
directors for a non-profit organization. The
non-profit bids on a contract from the
employee’s agency. The employee serves on
the review panel that will select the successful
contractor.

Can the employee serve on the review panel
even though there is no personal benefit?
Dilemma

You enforce business license requirements.
You discover that a local business, with
with you have a private legal dispute, is
overdue in paying its taxes.

What would you do?
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 42.52.080, 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
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General rules
Those items that are not gifts
Those items that are gifts, but not subject to the $50
limitation
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Rebuttable presumption these do not influence
The only items that may be accepted by employees
who contract or regulate
Post-state Employment
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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
Dilemma

You receive a plaque and a $100 check from the
Institute of Government Financial Managers for
your many contributions to the field.

Can you accept the plaque and the check?
Dilemma

You supervise a contract with ABC Audits. ABC
is sponsoring a regional conference and tells you
that if you attend, ABC will waive your
conference fees.

Can you accept the waiver of conference fees?
Dilemma
You are a professor for a state university or
community college and a publisher sends you a
textbook (solicited or unsolicited) for evaluation.
After completing your evaluation, you take the
textbook home and sell it to a friend for $25.
Is this activity a violation of the Ethics in Public
Service Act?
Textbooks
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On September 12, 2003, the Executive Ethics Board issued
Advisory Opinion 03-04 that prohibits selling textbooks for
personal profit. There are several options for disposing of
textbooks in lieu of selling them.
State supported institutions of higher education may want to
consider adopting policies or procedures that assist faculty
members in exercising these options. For example, faculty may
dispose of textbooks and other publications by giving them to
the institution, to a charity or educational foundation, or in
accordance with agency surplus property procedures.
Ethical Habits
“A long habit of not thinking a thing
wrong 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 42.52.070, Special privileges
• 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
Questions to Ask Yourself
• Will my use of state resources result in added costs or
any other disadvantage to the state?
• Am I using this resource in order to avoid personal
expense?
• Am I confident that my use of state resources will not
compromise the security or integrity of state information
or software?
• Are state resources being used for purposes that could
be embarrassing for my agency if reported publicly?
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
•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; and
 The use does not disrupt other state employees and
does not obligate them to make a personal use of state
resources; and
The Red Zone
•Prohibited Uses
• Outside business interests
• Commercial uses
• Illegal or unprofessional activities
• Political activities, including lobbying
Dilemma

You send emails to your friend’s home computer
from your state computer regarding personal plans
for the weekend.

Is this appropriate stewardship of state
resources?
Dilemma
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You ran across an article in TIME magazine that
you want to share with friends and make several
copies using the office’s copier.

Is this appropriate stewardship of state
resources?
Dilemma
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You send an email to your senator opposing the
confirmation of a nominee for federal office.

Is this appropriate stewardship of state
resources?
Dilemma
Your supervisor approves the use of a state
computer to do course work for a class that
will enhance your skills.
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Is this appropriate stewardship of state
resources?
Dilemma
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You send a brief email or make a brief, local call to
check on your kids.
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Is this appropriate stewardship of state
resources?
Dilemma
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You access the Internet during a lunch break to
check on your stock portfolio and transfer assets to
a different fund.
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Is this appropriate stewardship of state
resources?
Quote
“A perfect value consists in doing
without witness all that we could have
done in front of the entire world”
- Nobel Laureate Gabriela Mistral
Transparency
Public employees must practice open and
accountable government. They should be
as open as possible about their decisions
and actions, and protect truly confidential
information.
•RCW 42.52.050, Confidential information
Confidential Information
Standards that protect confidential
information:

Outside employment, business, or professional
activities
Disclosure for personal gain or benefit
 Disclosure to unauthorized person

Public Records
Standards for disclosure:
May not intentionally act to conceal a record if
under a personal obligation to release the record.
 May apply to e-mail communications

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
Honoraria
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Honorarium defined
Agency approval required
May not be approved if donor:
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Is expected to seek contractual relations
Is regulated by the agency
Is reasonably expected to seek or oppose adoption of rules
or policy changes by your agency
Outside Compensation
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Work must be bona fide and actually performed; and,
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Not related to a contract or grant you supervise;
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Comply with agency policies on outside employment;
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Not be compensated by anyone you contract with or regulate;
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Not related to a contract or grant you authorize;
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Cannot involve the disclosure of confidential information.
Quote
“If … you can’t be a good example, then
you’ll just have to be a horrible warning.”
- Catherine Aird
Executive Ethics Board
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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
Complaint Status
136
140
C
O
M
P
L
A
I
N
T
S
113
120
13
88
87
100
119
80
40
60
103
85
40
48
20
17
2
0
2000
2001
2002
Year
2003
Good People - Bad Choices
 (1998–2002)
- 89 of Cases involving sanctions
 In 2001 - 35% of cases involved sanctions
 Civil Penalties
$123,900 - $1393 average
 Suspended
$491 average
 Investigative Costs
$41,125 - $462 average
 Agency Restitution $16,527
Good People - Bad Choices
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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
Briefly
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Daily decisions will guide us in crisis
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Values can be instilled
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Subordinates seek standards
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Choice is often between two “goods”
“Only a leader of courageous ethical
standards can earn the trust of subordinates”
Interventions
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Establish workplace expectations
Brief common ethical problems
Publicize noteworthy role models
Routinely raise potential ethics issues
Review commitment to ethics annually
Attend to the ethical treatment of others