Welcome to Ethics Trainin

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

Update on Recent Rules Changes

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

Individual versus Community

Short-term versus Long-term

Justice versus Mercy

Ethical Principals
Objectivity
Selflessness
Stewardship
Transparency
Integrity

Objectivity
Public employees must place the
publics 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

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

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 employees
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

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

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

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

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

The Red Zone

Prohibited Uses

Outside business interests

Commercial uses
Illegal or unprofessional activities
Political activities, including lobbying

Dilemma

You send emails to your friends home

computer from your state computer
regarding personal plans for the
weekend.

Is this appropriate stewardship of

state resources?

Dilemma

You ran across an article in TIME

magazine that you want to share with
friends and make several copies using
the offices copier.

Is this appropriate stewardship of

state resources?

Dilemma

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.

Is this appropriate stewardship of

state resources?

Dilemma

You send a brief email or make a brief,

local call to check on your kids.

Is this appropriate stewardship of

state resources?

Dilemma

You access the Internet during a lunch

break to check on your stock portfolio
and transfer assets to a different fund.

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

Honoraria

Honorarium defined
Agency approval required
May not be approved if donor:

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

Work must be bona fide and actually performed; and,

Not related to a contract or grant you supervise;

Comply with agency policies on outside employment;

Not be compensated by anyone you contract with or

regulate;

Not related to a contract or grant you authorize;

Cannot involve the disclosure of confidential

information.

Quote
If you cant be a good example,
then youll just have to be a horrible
warning.
- Catherine Aird

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

Complaint Status

Good People - Bad Choices

(19982002) - 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

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 individuals or
organizations best interests
The action will never be discovered
Fear of authority

Briefly
Daily decisions will guide us in
crisis

Values can be instilled

Subordinates seek standards

Choice is often between two

goods

Only a leader of courageous ethical

Interventions

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