RCW 42.52.160 - WAC 292-110-010 - STATE EMPLOYEES - DE MINIMIS USE OF STATE RESOURCES
RCW 42.52.160 prohibits use of state resources for the private benefit or gain of a state officer, state employee, or another. WAC 292-110-010 provides for occasional but limited use of state resources if there is no actual cost to the state or the cost to the state is so small as to be insignificant or negligible. In determining whether or not the use of state resources is permitted under this de minimis exception, an agency should first consider the cost of the use and, if there is a cost, should then consider whether or not the use serves a public purpose or benefit.
RCW 42.52.160 prohibits use of state resources for the private benefit or gain of a state officer, state employee, or another. Is the de minimis use of staff time and resources to support recreational activities as part of an agency wellness program a violation?
The answer is "no." WAC 292-110-010 provides for de minimis use of state resources if the use serves a public purpose or benefit.
The Board has considered an agency proposal to allow recreational activities including, but not limited to, bowling tournaments, golf tournaments, basketball tournaments, softball league and tournaments, as part of their agency wellness program. By allowing these activities, the de minimis use of staff time and resources would be required to support the activities. The de minimis usage includes copier supplies, limited e-mail communication time, and the use of departmental conference rooms during non-scheduled work hours for the activity planning process.
In the request for advice, the agency noted that the Legislature has recognized the value of work place employee wellness programs; and that the Department of Personnel has encouraged such wellness programs. The Legislature found that, "...The state, as an employer, desires to foster a working environment that promotes the health and well-being of its employees..." (Laws of 1987, Ch. 248, Sec. 1). RCW 41.04.362 permits the Department of Personnel to develop and administer a voluntary state employee wellness program, and to encourage such programs in state agencies.
It is the Board's view that this question has been addressed in WAC 292-110-010 Use of State Resources, which became effective on January 13, 1996. The regulation, at (3) provides for de minimis use of state resources when (a) there is no cost to the state; and, (b) such use does not interfere with the conduct of state business. The same rule, at (4) (c) permits de minimis use of state resources when there is a public benefit, direct or indirect.
Though it is important to encourage agencies to be scrupulous in assuring that these activities do, in fact, require no more than de minimis use of state resources and time, the activities as described fall within the scope of WAC 292-110-010, as they serve an indirect public benefit, i.e. the health and morale of state employees. This benefit was acknowledged by the legislature when the Wellness program was authorized.