Washington State Executive Ethics Board

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96-01 Receiving gifts from person regulated to be used to offset training costs 96-02 Accepting token refreshments while performing official duties 96-05 What is a regulatory agency? 96-06 Regulatory employee accepting food and beverage from person not regulated by agency 97-02 Regulatory employee accepting food and beverage while on an official trade mission 98-01 National conference dinners 98-03 Higher ed employees accepting cash awards 98-06 Accepting meals from vendors while at a vendor sponsored presentation 99-04 Spouse’s ability to operate business within facility managed by state employee 99-05 Accepting cash prize in excess of $50 for excellence in government 00-05 Accepting cash award for team excellence 00-06 Accepting cash award for engineering achievement 01-05 Accepting ticket to event/paying face value 01-07 Agency receiving gifts 03-03 Frequent flyer miles 03-04 Selling complimentary text books
Gifts			Page last updated: January 11, 2007<February 15, 2007
Advisory Opinion	Subject	Question	RCW and / or WAC	Cross Reference
96-01	• Gifts • Agency • Section 4 employee • Payments for educational programs	1. RCW 42.52.140-.150 restrict the gifts that can be received by state officers and state employees. Does a regulatory agency violate these limitations if it receives a gift from a person it regulates, to be used to off-set the cost of training agency officers and employees? No / See Opinion 2. Does a state officer or state employee who attends agency training violate RCW 42.52.150(4)(g)(ii) if the source of the funds used to pay for the training is a gift to the regulatory agency by a person who is regulated by the agency? No / See Opinion Top of Page	RCW 42.52.140 RCW 42.52.150
96-02	• Gifts • Agency • Section 4 employee • Unsolicited refreshments	RCW 42.52.140-.150 restrict the gifts that can be received by state officers and state employees. Does a state officer or state employee violate these limitations if he/she accepts unsolicited token refreshment items of nominal value which are offered as a gesture of common courtesy from a regulated business while performing official activities at their place of business? No / See Opinion Top of Page	RCW 42.52.140 RCW 42.52.150
96-05	• Gifts • Agency • Section 4 employee • Limitations on gifts	1. Does a state agency that only performs ministerial acts fall within the definition of regulatory agency in RCW 42.52.010(13)? See Opinion 2. Does a state agency that performs both ministerial and regulatory acts fall within the definition of regulatory agency in RCW 42.52.010(13)? See Opinion 3. If a regulatory agency performs some functions that are regulatory and some that are not, who is subject to the more stringent limitations on the receipt of gifts in RCW 42.52.150(4)? See Opinion Top of Page	RCW 45.52.010 RCW 42.52.150
96-06	• Gifts • Agency • Section 4 employee • Hosted reception • Acceptance of food & beverage	1. Can officers and employees of a state regulatory agency accept food and beverage from persons when they do not participate in regulatory or contractual matters with those persons? See Opinion 2. What is the definition of hosted reception under RCW 42.52.150(4)(e)? See Opinion 3. Does the limitation on the acceptance of food and beverage in RCW 42.52.150(4) apply to food and beverage provided by an association which is composed of members who are regulated by the agency or who seek to provide goods or services to the agency? See Opinion 4. Can a state officer or employee accept food and beverage which they receive as part of training paid for by the state? See Opinion Top of Page	RCW 42.52.150
97-02	• Acceptance of food and beverages at government-sponsored events • Agency; Section 4 employee	May a state official or employee who participates in regulatory matters accept food and beverage as part of an official trade mission to another country, if some of the cost is paid by the person regulated by the official or employee's agency? Yes / See Opinion Top of Page	RCW 45.52.010 RCW 42.52.150	00-06
98-01	• Acceptance of meals • Regulatory Employees	Whether a dinner hosted and paid for by a vendor at a national conference meets the exception under RCW 42.52.150(4)(f) for an event sponsored in conjunction with a governmental organization? See Opinion Top of Page	RCW 42.52.140 RCW 42.52.150
98-03	• Acceptance of Gifts • Community Colleges	Whether classified staff and faculty members at community colleges and other institutions of higher education may accept cash awards for outstanding service from a nonprofit foundation organized for the support of the college or institution? See Opinion Top of Page	RCW 42.52.110 RCW 42.52.150
98-06	• Acceptance of Meals • Regulatory Employees	1. When a vendor sponsors a presentation at an agency and provides breakfast or lunch to agency participants who are not "Section 4" employees? Yes / See Opinion 2. When a vendor sponsors a presentation and pays for a meal for "Section 4" state employees and their spouses? Qualified No / See Opinion Top of Page	RCW 42.52.140 RCW 42.52.150	96-06
99-04	• Conflict of Interest • Spouse's Business Interest	Whether RCW 42.52 limits the ability of the spouse of a state employee from operating a private business within a state facility managed and supervised by the state employee? Yes / See Opinion Top of Page	RCW 42.52.020 RCW 42.52.050 RCW 42.52.140 RCW 42.52.150 RCW 42.52.160
99-05	• Gifts • Receipt of Cash Award	Can a state officer or employee accept a cash prize in excess of $50, which is presented in connection with an award to the officer or employee for excellence in government? Qualified No / See Opinion Top of Page	RCW 45.52.010 RCW 42.52.150
00-05	• Compensation for official duties or nonperformance; gifts; limitations on gifts • $100 Cash award	1. Can a state employee accept a $100 cash award from the Western Association of State Highway and Transportation Officials (WASHTO) for team excellence? Qualified No / See Opinion 2. If a state employee cannot receive a $100 cash award for Team Excellence from WASHTO, can a state employee accept a $50 cash award from WASHTO for the same purpose? Yes / See Opinion 3. Can the Washington State Department of Transportation (WSDOT) accept funds from WASHTO to use in a recognition program under RCW 41.60.150, where the agency determines eligibility and award criteria and provides the cash award? Qualified Yes / See Opinion Top of Page	RCW 45.52.010 RCW 42.52.110 RCW 42.52.140 RCW 42.52.150	96-01 99-05
00-06	• Gifts • Receipt of cash awards	1. Can a state employee accept a cash prize in recognition for engineering achievement under the academic and scientific achievement exemption under RCW 42.52.010(10)(j)? Yes / See Opinion 2. Can a state employee accept payment of travel expenses for himself or herself and a spouse to receive the award? Qualified Yes / See Opinion 3. Can a state employee accept a plaque as recognition for outstanding achievement to a highway development program? Yes / See Opinion Top of Page	RCW 45.52.010 RCW 42.52.150	99-05
01-05	• Gifts	Is there a gift subject to the limitations in RCW 42.52.150 when a person gives a state officer or employee a ticket to a sporting event, concert or other performance and the officer or employee pays the person for the face value of the ticket? Yes / See Opinion Top of Page	RCW 42.52.140 RCW 42.52.150	96-05 98-01
01-07	• Definitions • Gifts • Limitations on Gifts • Use of State Resources	1. The Ethics in Public Service Act limits the receipt of gifts by state officers or employees. Does a state agency violate the gift limitations if it receives funds, which will be used to offset the cost of "official" travel by agency officers and employees, from a person it regulates or a person who contracts, or seeks to contract, with the state agency? No / See Opinion 2. If a state agency receives funds from a regulated person or a person who contracts with or seeks to contract with the agency, what guidelines or polices should state agencies adopt before accepting such funds? See Opinion Top of Page	RCW 42.52.010 RCW 42.52.140 RCW 42.52.150 RCW 42.52.160	96-01 96-05 98-01 00-05 00-06
03-03	• Use of frequent flyer miles by state officers and employees	1. Can a state officer or employee use frequent flyer miles earned from official state travel for personal travel? Qualified Yes / See Opinion 2. Can a state officer or employee donate airline tickets to a state agency for official state travel by using personal frequent flyer miles? Yes / See Opinion 3. Can a state officer or employee purchase airline tickets for official state travel using personal frequent flyer miles and then seek reimbursement of that travel payment from the state? See Opinion Top of Page	RCW 42.52.020 RCW 42.52.030 RCW 42.52.070 RCW 42.52.150 RCW 42.52.160	98-10 01-02 01-07
03-04	• Selling complimentary textbooks	May state higher education faculty sell complimentary textbooks, which were received under an exemption to the gift prohibitions? See Opinion Top of Page	RCW 42.52.070 RCW 42.52.140 RCW 42.52.150 RCW 42.52.160 RCW 42.52.900 RCW 42.52.901	96-05 97-03 97-07