References: RCW 42.52.160. Use of persons, money, or property for private gain.

WAC 292-110-010. Use of state resources

Advisory Opinion 97-04.

This Advisory Opinion supplements Advisory Opinion 00-03. In that opinion we concluded that it would violate RCW 42.52.160(1) for a state officer or employee to put a private line on a cellular telephone provided by the state. In reaching this conclusion, the opinion stated that such modification of a state-issued phone would violate the master agreement between the Department of Information Systems (DIS) and authorized service providers.

The Board has since been informed by DIS that the master agreement does not prohibit a state employee from adding a private line to a state phone subject to the agreement. However, this fact does not change the result of Advisory Opinion 00-03. To permit state employees to modify state-owned equipment to facilitate personal use would undermine the intent of RCW 42.52.160(1) and the de minimis use exceptions under WAC 292-110-010.

Approved by the Executive Ethics Board, this __________ day of __________________, 2000.

_____________________________

William B. Collins

Board Counsel