Washington State Executive Ethics Board

1. Can a former Director of the Department of Personnel (DOP) apply for, compete for, and complete consulting work for state agencies under an ongoing Consultant Request for Proposal program (Consultant RFP) that is administered by DOP, but was created and independently funded prior to the former Director's employment at DOP?

Yes / See Opinion

2. Can a former DOP Director provide human resource consulting services to state agencies, i.e., perform work that was similar in nature to the service provided by DOP to those state agencies?

Qualified Yes / See Opinion

3. Can a former Director of DOP apply for, participate in and, if selected, contract with state agencies under pre-qualified personnel investigator or human resources consultant lists that are maintained by the General Administration agency?

Qualified Yes / See Opinion

• Membership In Non-State Organizations That Are Affected By State Agency Decisions

• Conflict of Interest

1. Is it a violation of the Ethics in Public Service Act for state agency permit decision makers to also be members, i.e., pay dues and receive newsletters, of an environmental organization that periodically sues the agency over decisions made by the decision makers?

Generally No / See Opinion

2. What is the meaning of "member" under RCW 42.52.030(3)?

See Opinion

3. Which organizations, in which state employees hold memberships, are considered persons who participate in transactions with the state under RCW 42.52.030(3)?

See Opinion

• State Employee's Outside Business Relationship With An Agency Vendor

1. Does the Ethics in Public Service Act prohibit a Washington State Lottery (Lottery) District Sales Representative (Sales Representative) from establishing an outside business relationship with a Lottery vendor (Lottery Vendor) when the Sales Representative's duties include making discretionary decisions regarding distribution of the Lottery Vendor's products?

Yes / See Opinion

2. If the answer to question (1) is yes, would the Ethics in Public Service Act still prohibit the outside business relationship if the Sales Representative waived receipt of any profits or royalties generated by sales of the Lottery Vendor's products in the State of Washington, but retained intellectual property rights for sales outside the State?

Yes / See Opinion

• State Officer's Outside Business Relationship with an agency that they oversee.

• Financial interests in transactions

• Assisting in transactions

1. May the Washington State School Director's Association (WSSDA) issue personal service contracts to officers of the Association or members of its board of directors to provide training services to school boards and school board members?

Generally No / See Opinion

2. If WSSDA may issue personal services contracts to its officers and members of its board of directors for training services, what provisions should the Association take to handle the execution and administration of those contracts?

See Opinion

3. If a consultant with a current contract becomes an officer or member of the board of directors in November, may that person continue to serve under their contract, which they had no role in approving, until the end of the contract's term in summer of the next year?

Qualified Yes / See Opinion

• 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

• Confidential Information

• Post-State Employment

1. May a former Department of Ecology (Ecology) employee, who participated at various levels in selected parts of Ecology’s dangerous waste program permit at the Hanford Federal Facility (Hanford Site), assist a Department of Energy (DOE) contractor in its compliance with the Hanford Site dangerous waste permit?

Perhaps / See Opinion

2. May a former Ecology employee who participated in selected parts of Ecology’s dangerous waste program permit at the Hanford Site, share his or her discussions with an Assistant Attorney General (AAG) regarding the Hanford Site dangerous waste permit with a DOE contractor?

No / See Opinion

• 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