| 1997 Results of Enforcement |
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Advisory Opinion |
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Question |
RCW and /
or WAC |
Cross
Reference |
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• Outside Employment
• Contract authorized by agency
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1. Does RCW 42.52.120(1)(e) prohibit a state officer or employee from entering into a contract that is expressly authorized or funded by the officer's or employee's agency?
Yes / See Opinion
2. Does the prohibition in RCW 42.52.120(1)(e) apply if the officer or employee enters into a contract for outside employment with another person who has a contract expressly authorized by the officer's or employee's agency?
See Opinion
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• Outside Employment
• Contract authorized by agency
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Legislative amendment to RCW 42.52.120(1)(e) that struck out the words "or by his or her agency"
See Opinion
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• Acceptance of food and beverages at government-sponsored events
• Agency; Section 4 employee
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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
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• Conflict of Interest
• Outside employment
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1. May a state officer or employee of a regulatory agency conduct an outside business or accept outside employment doing work that the officer or employee would regulate as part of his or her official duties?
No / See Opinion
2. May a state officer or employee accept employment from a person regulated by the agency if the employment is unrelated to the officer's or employee's official duties and the officer or employee does not actually participate in the regulation of the employer?
Yes / See Opinion
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• De Minimis use of state resources
• Computers
• Substitution of state equipment for personal equipment
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If an agency substitutes a state officer's or employee's personal computer equipment with state equipment so that the officer or employee can work at home, may the officer or employee make the same private use of the replacement state equipment that he or she could make of his or her personal equipment?
Yes / See Opinion
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• Employee's beneficial interest in a spouse's contract with the employing agency
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Is it a violation of RCW 42.52.120(1)(e) for a state officer or state employee to have a beneficial interest in a contract that the officer's employee's spouse has with the agency that employs the officer or employee?
Qualified No / See Opinion
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• Employment after leaving public service
• Assisting in a transaction
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Does RCW 42.52.080(5) prohibit a former state employee from accepting employment assisting a person seeking a water right permit when the employee worked on the same permit application while employed by the state?
Yes / See Opinion
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• Employment after leaving public service
• Contract; transaction involving the Confidential information
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After terminating employment with the state, may the director of a state agency accept employment from a person who entered into contracts with the director's agency?
Yes / See Opinion
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• Activities incompatible with public duties
• Employment after public service
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1. Is it a violation of RCW 42.52.020 for a state officer or state employee, whose duties involve reviewing fuel tax returns, to send out a questionnaire to businesses that file fuel tax returns to see if there is a market for a post-state employment business assisting businesses in completing fuel tax returns?
No / See Opinion
2. Do the prohibitions on post-state employment in RCW 42.52.080 apply to self-employment after the termination of state service?
Yes / See Opinion
3. Do the limitations on post-state employment in RCW 42.52.080 prohibit a state employee, whose duties involve review of fuel tax returns, from setting up a business filling out fuel tax returns after terminating state service?
Qualified No / See Opinion
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• Receipt of gratuity or reward
• Beneficial interest in a state contract
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1. RCW 42.52.030(1) prohibits a state officer or employee from receiving a gratuity or reward from a person beneficially interested in a contract or grant made under the supervision of the office or employee. Is there a violation of RCW 42.52.030(1) if the officer or employee receives a gift that may properly be accepted under RCW 42.52.150(4)?
No / See Opinion
2. For the purpose of RCW 42.52.030(1), when does a person become beneficially interested in a contract or grant such that it would be a violation of RCW 42.52.030(1) for a state officer or employee to receive compensation from that person?
See Opinion
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• Assisting in transactions
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Does the rule-making process fall within the definition of "transaction involving the state"?
No / See Opinion
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• Financial Interests
• Board membership
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1. Whether RCW 42.52 prohibits a board member from participating in a proceeding when the member owns stock in a person who appears before the board, and when the member was appointed to represent a particular interest on the board?
See Opinion
2. Does RCW 42.52 require disclosure of the board member's holdings prior to the commencement of proceedings?
See Opinion
3. Does RCW 42.52 require divestiture to allow a board member's participation in proceedings, or are alternative measures available to ensure compliance with RCW 42.52?
See Opinion
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• Financial Interests
• State employee
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Whether stock ownership in a person prohibits a state employee from participating in state actions which may affect that person as a member of broadly defined group or as a specific interest of state action?
See Opinion
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• Financial Interest
• Board Membership
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Whether a nonvoting member of the SIB would violate any provision of RCW 42.52 under given circumstances?
See Opinion
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Whether a corrections officer may engage in outside employment as a contractor to his or her assigned correctional facility?
See Opinion
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Page last updated: January 12, 2007 8:07 AM
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