References: RCW 42.52.010, Definitions; RCW 42.52.020, Activities incompatible with public duties. The Executive Ethics Board issues this advisory opinion on its own authority.

1. Is an item received as a door prize a "gift" under RCW 42.52.010(10) if consideration is paid to attend a conference, seminar, trade show, or similar event?

2. If a door prize is not a gift, can a state officer or state employee keep a door prize even if his or her state agency paid consideration for his or her attendance at an official event?

3. Can state employees enter door prize or other drawings at events attended in their official capacities when consideration does not include the opportunity to compete for a door prize?

1. No. Because consideration is paid to attend a conference, seminar, trade show, similar event, a door prize received at such an event does not constitute a "gift" under RCW 42.52.010(10).

2. No. A state officer or state employee may not necessarily keep a door prize if his or her state agency paid consideration, or allowed the use of state time, for attendance at a conference, seminar, trade show, or similar event. If a state agency pays consideration, the state agency may either (1) determine that the door prize would benefit the agency and keep the prize; (2) determine that the door prize would not benefit the agency and allow the state officer or state employee to retain the prize; or, (3) determine that the door prize would not benefit the agency, and ask that the door prize be returned to the donor or donated to a charity because it would be inappropriate for the state officer or state employee to retain the prize. State officers and state employees may retain a door prize if the officer or employee pays consideration for an event, and does not use state time to attend the event.

3. No. Participation in door prize or other drawings at events where consideration is not paid for the opportunity to compete for a prize may create the appearance that entry is primarily for personal reasons that are unrelated to the performance of official duties. In circumstances where a state officer or state employee attends an event in his or her personal capacity, state business cards may not be used to enter drawings.

Door prizes are items that a person may receive in connection with his or her presence at a particular place. For example, a person pays for admission to a computer technology exhibit and receives a door prize ticket as part of the fee for admission to the event. During the exhibit a drawing is conducted and the holder of the winning ticket receives computer equipment or software.

The first issue is whether an item received as a door prize in this example meets the definition of gift in RCW 42.52.010(10) which defines a "gift" as "anything of economic value for which no consideration is given." Because door prizes have economic value, the Board must determine whether any consideration is given. Consideration is not a term defined under the ethics law. A dictionary definition of "consideration" is:

5. Payment given for a service rendered: RECOMPENSE. 6. Law. Something promised, given or done that has the effect of making an agreement a legally enforceable contract.

Webster’s II New Riverside University Dictionary 301 (1988).

In the example above, the person has done something to participate in the opportunity to compete for a door prize. The person pays the admission fee to an exhibit (or conference registration fee), and the fee provides each attendee with an equal, and presumably random, opportunity to win a door prize. In the Board’s judgment, this act constitutes consideration. Therefore, a door prize does not constitute a gift, and the limitations under RCW 42.52.140 and 42.52.150 would not apply.

The second issue is whether receipt of a door prize is affected by who pays the consideration for attendance at a conference, seminar, trade show, or similar event. The Board believes that when a state agency provides the consideration, the agency is entitled to determine what happens to a door prize. As in this example, a door prize may have value to the agency:

EXAMPLE 1: A state agency pays for Paul to attend a computer technology conference. At a random drawing, Paul wins a color laser printer as a door prize. The agency could use the printer as part of an equipment upgrade for its document services division. The agency asks Paul to bring in the printer for use by document services.

Because the agency paid the consideration and determined the door prize could be used by the agency, the state employee must give the door prize to the agency.

In other cases, an agency may determine that although it has paid the consideration for attendance, the door prize has no value to the agency and cannot be used. The agency may then allow the state officer or state employee to retain the door prize.

EXAMPLE 2: A state agency sends Mary to a conference for event planners. Mary wins a piece of luggage. The drawing is random. The agency has no use for a piece of luggage, and allows Mary to keep the prize.

Another situation that might arise is one in which the agency has paid the consideration for attendance and determines that a door prize has no value to the agency, but that it would be inappropriate for the employee to accept the door prize. If the agency believes it would be inappropriate for a state officer or state employee to retain a door prize, it may ask that the prize be returned to the donor or donated to charity.

EXAMPLE 3: A state agency sends Juan to a conference for training officers. Juan’s official duties include purchasing training materials from outside vendors. Each conference attendee is entered into a drawing at the end of the day, where Juan wins an exciting new video game from Best Training, Inc., a vendor to the agency. Best Training, Inc. also sells professional training materials that Juan may purchase for his state agency. The agency asks Juan to return the video game or donate it to charity.

In this case, the agency may ask for the prize to be returned to avoid any appearance that the state employee’s judgment might be affected by the door prize, e.g., a reasonable person might conclude that receipt of the video game could affect the state employee’s assessment of the company’s training materials.

State employees may retain a door prize if the state employee provides consideration for attendance at an event and if the event is not attended on state time. If a state employee would be required to take annual leave to attend an event on his or her own time, such leave should be approved prior to attendance. The only provision of RCW 42.52 that might limit receipt of a door prize under these conditions is RCW 42.52.020:

No state officer or state employee may have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officer’s or state employee’s official duties.

In the following example, the state employee can keep the door prize because she has no official duties that could be influenced by her receipt of the prize.

EXAMPLE 4: Leah is a social worker for the state. She pays $7.00 to attend a local home show event. Leah attends the event on a Saturday when she is not scheduled to work for her state agency. Her entry ticket qualifies her for three drawings. During the last drawing, Leah wins a trip for two to Hawaii from a local travel agency. Leah may accept the prize because she paid consideration for the event and attended on her own time.

The final issue to be resolved in this opinion is whether state employees may enter door prize or other drawings at official events when the opportunity to win a prize is not included in the consideration paid to attend the event, e.g., an event where vendors offer door prizes in connection with an official event. In this situation, attendees may enter door prize drawings by filling out a form or placing a business card in a bowl. The Board is concerned that such actions may create an appearance that the primary purpose for entering a door prize drawing under these circumstances is for personal benefit rather than for the purpose of conducting state business.

Therefore, state officers and employees should not enter such drawings when attendance is related to the performance of official duties and when the state has paid consideration, or allowed the use of state time, for attendance.

State officers and state employees may enter door prize drawings at events attended in their personal capacities provided the state has not paid consideration for attendance; the officer or employee attends the event on his or her own time; and, state business cards are not used to enter drawings.

Approved by the Executive Ethics Board, this ________ day of ______________, 19___.

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Margaret A. Grimaldi

Executive Secretary