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Advisory Opinion
Subject
Question
RCW and /
or WAC
Cross
Reference

• Definition of Legislative Body

• Political Activities

1. Is the Washington State School Directors' Association board of directors an “elected legislative body” as used in RCW 42.52.180(2)(a) and therefore eligible to vote on a motion to support or oppose a ballot proposition in an open public meeting?

No / See Opinion

 

2. Is the intent of the state ethics law to limit application of RCW 42.52.180(2)(a) only to the state legislature as the only elected legislative body in state government?

Yes / See Opinion

 

3. Given the structure, authority, and past practice of the WSSDA Board, is it the normal and regular conduct of the board to take positions on ballot measures as authorized by RCW 42.52.180(2)(c)?

Qualified Yes / See Opinion

 

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• Use of state resources

• Nonprofit entities

Whether state employees may operate a nonprofit corporation within a state agency for the purpose of overseeing fundraising and ensuring compliance with the state's ethics laws?

Qualified No / See Opinion

 

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• Outside Compensation

• Collegiate Athletic Coaches

How does RCW 42.52 restrict outside compensation paid to a university coach?

See Opinion

 

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• 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

 

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• 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

 

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• Outside Compensation

• Expert Testimony

Can a state employee who serves as a Food Program Technical Expert accept outside compensation to provide expert advice and testimony in an out-of-state case involving food borne illness?

Yes / See Opinion

 

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• Conflict of Interest

• Board Membership

1. May Public Works board members rely on the Advisory Opinion 98-08 and recuse themselves from discussion and voting on matters on which there is no existing conflict of interest in order to preserve potential future business opportunities?

Yes / See Opinion

 

2. Does the fact that general public members of the Public Works Board or their employers must, by law, engage in competitive bidding or in competitive selection for public works projects make members less susceptible to conflicts of interest under the state’s ethics law?

No / See Opinion

 

3. Are potential conflicts of interest mitigated by the fact that 80 percent of projects approved by the Public Works Board are subject to legislative review and approval?

No / See Opinion

 

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• Investments

May a state officer or state employee responsible for the investment of public funds satisfy the obligation under RCW 42.52.190(1) to obtain approval for investments that exceed the $10,000 value threshold at acquisition if the employee makes a one-time disclosure of, and obtains approval for, his or her participation in an automatic reinvestment program?

Yes / See Opinion

 

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