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
