RCW 42.52.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply throughout this
chapter.
(1) "Agency" means any state board, commission, bureau, committee,
department, institution, division, or tribunal in the legislative, executive,
or judicial branch of state government. "Agency" includes all elective
offices, the state legislature, those institutions of higher education
created and supported by the state government, and those courts that are
parts of state government.
(2) "Head of agency" means the chief executive officer of an agency.
In the case of an agency headed by a commission, board, committee, or other
body consisting of more than one natural person, agency head means the
person or board authorized to appoint agency employees and regulate their
conduct.
(3) "Assist" means to act, or offer or agree to act, in such a way
as to help, aid, advise, furnish information to, or otherwise provide assistance
to another person, believing that the action is of help, aid, advice, or
assistance to the person and with intent so to assist such person.
(4) "Beneficial interest" has the meaning ascribed to it under the
Washington case law. However, an ownership interest in a mutual fund or
similar investment pooling fund in which the owner has no management powers
does not constitute a beneficial interest in the entities in which the
fund or pool invests.
(5) "Compensation" means anything of economic value, however designated,
that is paid, loaned, granted, or transferred, or to be paid, loaned, granted,
or transferred for, or in consideration of, personal services to any person.
(6) "Confidential information" means (a) specific information, rather
than generalized knowledge, that is not available to the general public
on request or (b) information made confidential by law.
(7) "Contract" or "grant" means an agreement between two or more persons
that creates an obligation to do or not to do a particular thing. "Contract"
or "grant" includes, but is not limited to, an employment contract, a lease,
a license, a purchase agreement, or a sales agreement.
(8) "Ethics boards" means the commission on judicial conduct, the legislative
ethics board, and the executive ethics board.
(9) "Family" has the same meaning as "immediate family" in RCW 42.17.020.
(10) "Gift" means anything of economic value for which no consideration
is given. "Gift" does not include:
(a) Items from family members or friends where it is clear beyond a
reasonable doubt that the gift was not made as part of any design to gain
or maintain influence in the agency of which the recipient is an officer
or employee;
(b) Items related to the outside business of the recipient that are
customary and not related to the recipient's performance of official duties;
(c) Items exchanged among officials and employees or a social event
hosted or sponsored by a state officer or state employee for coworkers;
(d) Payments by a governmental or nongovernmental entity of reasonable
expenses incurred in connection with a speech, presentation, appearance,
or trade mission made in an official capacity. As used in this subsection,
"reasonable expenses" are limited to travel, lodging, and subsistence expenses
incurred the day before through the day after the event;
(e) Items a state officer or state employee is authorized by law to
accept;
(f) Payment of enrollment and course fees and reasonable travel expenses
attributable to attending seminars and educational programs sponsored by
a bona fide nonprofit professional, educational, or trade association,
or charitable institution. As used in this subsection, "reasonable expenses"
are limited to travel, lodging, and subsistence expenses incurred the day
before through the day after the event;
(g) Items returned by the recipient to the donor within thirty days
of receipt or donated to a charitable organization within thirty days of
receipt;
(h) Campaign contributions reported under chapter 42.17 RCW;
(i) Discounts available to an individual as a member of an employee
group, occupation, or similar broad-based group; and
(j) Awards, prizes, scholarships, or other items provided in recognition
of academic or scientific achievement.
(11) "Honorarium" means money or thing of value offered to a state
officer or state employee for a speech, appearance, article, or similar
item or activity in connection with the state officer's or state employee's
official role.
(12) "Official duty" means those duties within the specific scope of
employment of the state officer or state employee as defined by the officer's
or employee's agency or by statute or the state Constitution.
(13) "Participate" means to participate in state action or a proceeding
personally and substantially as a state officer or state employee, through
approval, disapproval, decision, recommendation, the rendering of advice,
investigation, or otherwise but does not include preparation, consideration,
or enactment of legislation or the performance of legislative duties.
(14) "Person" means any individual, partnership, association, corporation,
firm, institution, or other entity, whether or not operated for profit.
(15) "Regulatory agency" means any state board, commission, department,
or officer, except those in the legislative or judicial branches, authorized
by law to conduct adjudicative proceedings, issue permits or licenses,
or to control or affect interests of identified persons.
(16) "Responsibility" in connection with a transaction involving the
state, means the direct administrative or operating authority, whether
intermediate or final, and either exercisable alone or through subordinates,
effectively to approve, disapprove, or otherwise direct state action in
respect of such transaction.
(17) "State action" means any action on the part of an agency, including,
but not limited to:
(a) A decision, determination, finding, ruling, or order; and
(b) A grant, payment, award, license, contract, transaction, sanction,
or approval, or the denial thereof, or failure to act with respect to a
decision, determination, finding, ruling, or order.
(18) "State officer" means every person holding a position of public
trust in or under an executive, legislative, or judicial office of the
state. "State officer" includes judges of the superior court, judges of
the court of appeals, justices of the supreme court, members of the legislature
together with the secretary of the senate and the chief clerk of the house
of representatives, holders of elective offices in the executive branch
of state government, chief executive officers of state agencies, members
of boards, commissions, or committees with authority over one or more state
agencies or institutions, and employees of the state who are engaged in
supervisory, policy-making, or policy-enforcing work. For the purposes
of this chapter, "state officer" also includes any person exercising or
undertaking to exercise the powers or functions of a state officer.
(19) "State employee" means an individual who is employed by an agency
in any branch of state government. For purposes of this chapter, employees
of the superior courts are not state officers or state employees.
(20) "Thing of economic value," in addition to its ordinary meaning,
includes:
(a) A loan, property interest, interest in a contract or other chose
in action, and employment or another arrangement involving a right to compensation;
(b) An option, irrespective of the conditions to the exercise of the
option; and
(c) A promise or undertaking for the present or future delivery or
procurement.
(21)(a) "Transaction involving the state" means a proceeding, application,
submission, request for a ruling or other determination, contract, claim,
case, or other similar matter that the state officer, state employee, or
former state officer or state employee in question believes, or has reason
to believe:
(i) Is, or will be, the subject of state action; or
(ii) Is one to which the state is or will be a party; or
(iii) Is one in which the state has a direct and substantial proprietary
interest.
(b) "Transaction involving the state" does not include the following:
Preparation, consideration, or enactment of legislation, including appropriation
of moneys in a budget, or the performance of legislative duties by an officer
or employee; or a claim, case, lawsuit, or similar matter if the officer
or employee did not participate in the underlying transaction involving
the state that is the basis for the claim, case, or lawsuit. [1996 c 213
§ 1; 1994 c 154 § 101.]
RCW 42.52.020 Activities incompatible with public duties.
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. [1996 c 213 § 2; 1994 c 154 § 102.]
RCW 42.52.030 Financial interests in transactions. (1)
No state officer or state employee, except as provided in subsections (2)
and (3) of this section, may be beneficially interested, directly or indirectly,
in a contract, sale, lease, purchase, or grant that may be made by, through,
or is under the supervision of the officer or employee, in whole or in
part, or accept, directly or indirectly, any compensation, gratuity, or
reward from any other person beneficially interested in the contract, sale,
lease, purchase, or grant.
(2) No officer or employee of an institution of higher education or
of the Spokane intercollegiate research and technology institute, except
as provided in subsection (3) of this section, may be beneficially interested,
directly or indirectly, in a contract or grant that may be made by, through,
or is under the supervision of the officer or employee, in whole or in
part, or accept, directly or indirectly, any compensation, gratuity, or
reward from any other person beneficially interested in the contract or
grant, unless the institution of higher education or the Spokane intercollegiate
research and technology institute has in effect a written administrative
process to identify and manage, reduce, or eliminate conflicting interests
with respect to such transactions as adopted pursuant to the national science
investigator financial disclosure (GPM 510) 1995 and the public health
service regulations, 42 C.F.R. Part 50 and 45 C.F.R. Subtitle A as each
of those regulations existed on June 6, 1996, and the state employee or
state officer has complied with such policy.
(3) No state officer or state employee may participate in a transaction
involving the state in his or her official capacity with a person of which
the officer or employee is an officer, agent, employee, or member, or in
which the officer or employee owns a beneficial interest, except that an
officer or employee of an institution of higher education or the Spokane
intercollegiate research and technology institute may serve as an officer,
agent, employee, or member, or on the board of directors, board of trustees,
advisory board, or committee or review panel for any nonprofit institute,
foundation, or fundraising entity; and may serve as a member of an advisory
board, committee, or review panel for a governmental or other nonprofit
entity. [1996 c 213 § 3; 1994 c 154 § 103.]
RCW 42.52.040 Assisting in transactions. (1) Except in
the course of official duties or incident to official duties, no state
officer or state employee may assist another person, directly or indirectly,
whether or not for compensation, in a transaction involving the state:
(a) In which the state officer or state employee has at any time participated;
or
(b) If the transaction involving the state is or has been under the
official responsibility of the state officer or state employee within a
period of two years preceding such assistance.
(2) No state officer or state employee may share in compensation received
by another for assistance that the officer or employee is prohibited from
providing under subsection (1) or (3) of this section.
(3) A business entity of which a state officer or state employee is
a partner, managing officer, or employee shall not assist another person
in a transaction involving the state if the state officer or state employee
is prohibited from doing so by subsection (1) of this section.
(4) This chapter does not prevent a state officer or state employee
from assisting, in a transaction involving the state:
(a) The state officer's or state employee's parent, spouse, or child,
or a child thereof for whom the officer or employee is serving as guardian,
executor, administrator, trustee, or other personal fiduciary, if the state
officer or state employee did not participate in the transaction; or
(b) Another state employee involved in disciplinary or other personnel
administration proceedings. [1994 c 154 § 104.]
RCW 42.52.050 Confidential information--Improperly concealed
records. (1) No state officer or state employee may accept employment
or engage in any business or professional activity that the officer or
employee might reasonably expect would require or induce him or her to
make an unauthorized disclosure of confidential information acquired by
the official or employee by reason of the official's or employee's official
position.
(2) No state officer or state employee may make a disclosure of confidential
information gained by reason of the officer's or employee's official position
or otherwise use the information for his or her personal gain or benefit
or the gain or benefit of another, unless the disclosure has been authorized
by statute or by the terms of a contract involving (a) the state officer's
or state employee's agency and (b) the person or persons who have authority
to waive the confidentiality of the information.
(3) No state officer or state employee may disclose confidential information
to any person not entitled or authorized to receive the information.
(4) No state officer or state employee may intentionally conceal a
record if the officer or employee knew the record was required to be released
under chapter 42.17 RCW, was under a personal obligation to release the
record, and failed to do so. This subsection does not apply where the decision
to withhold the record was made in good faith. [1996 c 213 § 4; 1994
c 154 § 105.]
RCW 42.52.060 Testimony of state officers and state employees.
This chapter does not prevent a state officer or state employee from giving
testimony under oath or from making statements required to be made under
penalty of perjury or contempt. [1994 c 154 § 106.]
RCW 42.52.070 Special privileges. Except as required
to perform duties within the scope of employment, no state officer or state
employee may use his or her position to secure special privileges or exemptions
for himself or herself, or his or her spouse, child, parents, or other
persons. [1994 c 154 § 107.]
RCW 42.52.080 Employment after public service. (1) No
former state officer or state employee may, within a period of one year
from the date of termination of state employment, accept employment or
receive compensation from an employer if:
(a) The officer or employee, during the two years immediately preceding
termination of state employment, was engaged in the negotiation or administration
on behalf of the state or agency of one or more contracts with that employer
and was in a position to make discretionary decisions affecting the outcome
of such negotiation or the nature of such administration;
(b) Such a contract or contracts have a total value of more than ten
thousand dollars; and
(c) The duties of the employment with the employer or the activities
for which the compensation would be received include fulfilling or implementing,
in whole or in part, the provisions of such a contract or contracts or
include the supervision or control of actions taken to fulfill or implement,
in whole or in part, the provisions of such a contract or contracts. This
subsection shall not be construed to prohibit a state officer or state
employee from accepting employment with a state employee organization.
(2) No person who has served as a state officer or state employee may,
within a period of two years following the termination of state employment,
have a direct or indirect beneficial interest in a contract or grant that
was expressly authorized or funded by specific legislative or executive
action in which the former state officer or state employee participated.
(3) No former state officer or state employee may accept an offer of
employment or receive compensation from an employer if the officer or employee
knows or has reason to believe that the offer of employment or compensation
was intended, in whole or in part, directly or indirectly, to influence
the officer or employee or as compensation or reward for the performance
or nonperformance of a duty by the officer or employee during the course
of state employment.
(4) No former state officer or state employee may accept an offer of
employment or receive compensation from an employer if the circumstances
would lead a reasonable person to believe the offer has been made, or compensation
given, for the purpose of influencing the performance or nonperformance
of duties by the officer or employee during the course of state employment.
(5) No former state officer or state employee may at any time subsequent
to his or her state employment assist another person, whether or not for
compensation, in any transaction involving the state in which the former
state officer or state employee at any time participated during state employment.
This subsection shall not be construed to prohibit any employee or officer
of a state employee organization from rendering assistance to state officers
or state employees in the course of employee organization business.
(6) As used in this section, "employer" means a person as defined in
RCW 42.52.010 or any other entity or business that the person owns or in
which the person has a controlling interest. [1994 c 154 § 108.]
RCW 42.52.090 Limited assistance by former state officers
and employees. This chapter shall not be construed to prevent a former
state officer or state employee from rendering assistance to others if
the assistance is provided without compensation in any form and is limited
to one or more of the following:
(1) Providing the names, addresses, and telephone numbers of state
agencies or state employees;
(2) Providing free transportation to another for the purpose of conducting
business with a state agency;
(3) Assisting a natural person or nonprofit corporation in obtaining
or completing application forms or other forms required by a state agency
for the conduct of a state business; or
(4) Providing assistance to the poor and infirm. [1994 c 154 §
109.]
RCW 42.52.100 Conditions on appearance before state agencies
or doing business with the state-Hearing-Judicial review. (1) The head
of an agency, upon finding that any former state officer or state employee
of such agency or any other person has violated any provision of this chapter
or rules adopted under it, may, in addition to any other powers the head
of such agency may have, bar or impose reasonable conditions upon:
(a) The appearance before such agency of such former state officer
or state employee or other person; and
(b) The conduct of, or negotiation or competition for, business with
such agency by such former state officer or state employee or other person,
such period of time as may reasonably be necessary or appropriate to effectuate
the purposes of this chapter.
(2) Findings of violations referred to in subsection (1)(b) of this
section shall be made on record after notice and hearing, conducted in
accordance with the Washington Administrative Procedure Act, chapter 34.05
RCW. Such findings and orders are subject to judicial review.
(3) This section does not apply to the legislative or judicial branches
of government. [1994 c 154 § 110; 1969 ex.s. c 234 § 27. Formerly
RCW 42.18.270.]
RCW 42.52.110 Compensation for official duties or nonperformance.
No state officer or state employee may, directly or indirectly, ask for
or give or receive or agree to receive any compensation, gift, reward,
or gratuity from a source for performing or omitting or deferring the performance
of any official duty, unless otherwise authorized by law except: (1) The
state of Washington; or (2) in the case of officers or employees of institutions
of higher education or of the Spokane intercollegiate research and technology
institute, a governmental entity, an agency or instrumentality of a governmental
entity, or a nonprofit corporation organized for the benefit and support
of the state employee's agency or other state agencies pursuant to an agreement
with the state employee's agency. [1996 c 213 § 5; 1994 c 154 §
111.]
RCW 42.52.120 Compensation for outside activities. (1)
No state officer or state employee may receive any thing of economic value
under any contract or grant outside of his or her official duties. The
prohibition in this subsection does not apply where the state officer or
state employee has complied with RCW 42.52.030(2) or each of the following
conditions are met:
(a) The contract or grant is bona fide and actually performed;
(b) The performance or administration of the contract or grant is not
within the course of the officer's or employee's official duties, or is
not under the officer's or employee's official supervision;
(c) The performance of the contract or grant is not prohibited by RCW
42.52.040 or by applicable laws or rules governing outside employment for
the officer or employee;
(d) The contract or grant is neither performed for nor compensated
by any person from whom such officer or employee would be prohibited by
RCW 42.52.150(4) from receiving a gift;
(e) The contract or grant is not one expressly created or authorized
by the officer or employee in his or her official capacity;
(f) The contract or grant would not require unauthorized disclosure
of confidential information.
(2) In addition to satisfying the requirements of subsection (1) of
this section, a state officer or state employee may have a beneficial interest
in a grant or contract or a series of substantially identical contracts
or grants with a state agency only if:
(a) The contract or grant is awarded or issued as a result of an open
and competitive bidding process in which more than one bid or grant application
was received; or
(b) The contract or grant is awarded or issued as a result of an open
and competitive bidding or selection process in which the officer's or
employee's bid or proposal was the only bid or proposal received and the
officer or employee has been advised by the appropriate ethics board, before
execution of the contract or grant, that the contract or grant would not
be in conflict with the proper discharge of the officer's or employee's
official duties; or
(c) The process for awarding the contract or issuing the grant is not
open and competitive, but the officer or employee has been advised by the
appropriate ethics board that the contract or grant would not be in conflict
with the proper discharge of the officer's or employee's official duties.
(3) A state officer or state employee awarded a contract or issued
a grant in compliance with subsection (2) of this section shall file the
contract or grant with the appropriate ethics board within thirty days
after the date of execution; however, if proprietary formulae, designs,
drawings, or research are included in the contract or grant, the proprietary
formulae, designs, drawings, or research may be deleted from the contract
or grant filed with the appropriate ethics board.
(4) This section does not prevent a state officer or state employee
from receiving compensation contributed from the treasury of the United
States, another state, county, or municipality if the compensation is received
pursuant to arrangements entered into between such state, county, municipality,
or the United States and the officer's or employee's agency. This section
does not prohibit a state officer or state employee from serving or performing
any duties under an employment contract with a governmental entity.
(5) As used in this section, "officer" and "employee" do not include
officers and employees who, in accordance with the terms of their employment
or appointment, are serving without compensation from the state of Washington
or are receiving from the state only reimbursement of expenses incurred
or a predetermined allowance for such expenses. [1997 c 318 § 1; 1996
c 213 § 6; 1994 c 154 § 112.]
RCW 42.52.130 Honoraria. (1) No state officer or state
employee may receive honoraria unless specifically authorized by the agency
where they serve as state officer or state employee.
(2) An agency may not permit honoraria under the following circumstances:
(a) The person offering the honorarium is seeking or is reasonably
expected to seek contractual relations with or a grant from the employer
of the state officer or state employee, and the officer or employee is
in a position to participate in the terms or the award of the contract
or grant;
(b) The person offering the honorarium is regulated by the employer
of the state officer or state employee and the officer or employee is in
a position to participate in the regulation; or
(c) The person offering the honorarium (i) is seeking or opposing or
is reasonably likely to seek or oppose enactment of legislation or adoption
of administrative rules or actions, or policy changes by the state officer's
or state employee's agency; and (ii) the officer or employee may participate
in the enactment or adoption. [1994 c 154 § 113.]
RCW 42.52.140 Gifts. No state officer or state employee
may receive, accept, take, seek, or solicit, directly or indirectly, any
thing of economic value as a gift, gratuity, or favor from a person if
it could be reasonably expected that the gift, gratuity, or favor would
influence the vote, action, or judgment of the officer or employee, or
be considered as part of a reward for action or inaction. [1994 c 154 §
114.]
RCW 42.52.150 Limitations on gifts. (1) No state officer
or state employee may accept gifts, other than those specified in subsections
(2) and (5) of this section, with an aggregate value in excess of fifty
dollars from a single source in a calendar year or a single gift from multiple
sources with a value in excess of fifty dollars. For purposes of this section,
"single source" means any person, as defined in RCW 42.52.010, whether
acting directly or through any agent or other intermediary, and "single
gift" includes any event, item, or group of items used in conjunction with
each other or any trip including transportation, lodging, and attendant
costs, not excluded from the definition of gift under RCW 42.52.010. The
value of gifts given to an officer's or employee's family member shall
be attributed to the official or employee for the purpose of determining
whether the limit has been exceeded, unless an independent business, family,
or social relationship exists between the donor and the family member.
(2) Except as provided in subsection (4) of this section, the following
items are presumed not to influence under RCW 42.52.140, and may be accepted
without regard to the limit established by subsection (1) of this section:
(a) Unsolicited flowers, plants, and floral arrangements;
(b) Unsolicited advertising or promotional items of nominal value,
such as pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the form of a plaque,
trophy, desk item, wall memento, or similar item;
(d) Unsolicited items received by a state officer or state employee
for the purpose of evaluation or review, if the officer or employee has
no personal beneficial interest in the eventual use or acquisition of the
item by the officer's or employee's agency;
(e) Informational material, publications, or subscriptions related
to the recipient's performance of official duties;
(f) Food and beverages consumed at hosted receptions where attendance
is related to the state officer's or state employee's official duties;
(g) Admission to, and the cost of food and beverages consumed at, events
sponsored by or in conjunction with a civic, charitable, governmental,
or community organization; and
(h) Unsolicited gifts from dignitaries from another state or a foreign
country that are intended to be personal in nature.
(3) The presumption in subsection (2) of this section is rebuttable
and may be overcome based on the circumstances surrounding the giving and
acceptance of the item.
(4) Notwithstanding subsections (2) and (5) of this section, a state
officer or state employee of a regulatory agency or of an agency that seeks
to acquire goods or services who participates in those regulatory or contractual
matters may receive, accept, take, or seek, directly or indirectly, only
the following items from a person regulated by the agency or from a person
who seeks to provide goods or services to the agency:
(a) Unsolicited advertising or promotional items of nominal value,
such as pens and note pads;
(b) Unsolicited tokens or awards of appreciation in the form of a plaque,
trophy, desk item, wall memento, or similar item;
(c) Unsolicited items received by a state officer or state employee
for the purpose of evaluation or review, if the officer or employee has
no personal beneficial interest in the eventual use or acquisition of the
item by the officer's or employee's agency;
(d) Informational material, publications, or subscriptions related
to the recipient's performance of official duties;
(e) Food and beverages consumed at hosted receptions where attendance
is related to the state officer's or state employee's official duties;
(f) Admission to, and the cost of food and beverages consumed at, events
sponsored by or in conjunction with a civic, charitable, governmental,
or community organization; and
(g) Those items excluded from the definition of gift in RCW 42.52.010
except:
(i) Payments by a governmental or nongovernmental entity of reasonable
expenses incurred in connection with a speech, presentation, appearance,
or trade mission made in an official capacity;
(ii) Payments for seminars and educational programs sponsored by a
bona fide nonprofit professional, educational, or trade association, or
charitable institution; and
(iii) Flowers, plants, and floral arrangements.
(5) A state officer or state employee may accept gifts in the form
of food and beverage on infrequent occasions in the ordinary course of
meals where attendance by the officer or employee is related to the performance
of official duties. Gifts in the form of food and beverage that exceed
fifty dollars on a single occasion shall be reported as provided in chapter
42.17 RCW. [1994 c 154 § 115.]
RCW 42.52.160 Use of persons, money, or property for private
gain. (1) No state officer or state employee may employ or use any
person, money, or property under the officer's or employee's official control
or direction, or in his or her official custody, for the private benefit
or gain of the officer, employee, or another.
(2) This section does not prohibit the use of public resources to benefit
others as part of a state officer's or state employee's official duties.
(3) The appropriate ethics boards may adopt rules providing exceptions
to this section for occasional use of the state officer or state employee,
of de minimis cost and value, if the activity does not result in interference
with the proper performance of public duties. [1996 c 213 § 7; 1994
c 154 § 116; 1987 c 426 § 3. Formerly RCW 42.18.217.]
RCW 42.52.170 Giving, paying, loaning, etc., any thing of
economic value to state employee. No person shall give, pay, loan,
transfer, or deliver, directly or indirectly, to any other person any thing
of economic value believing or having reason to believe that there exist
circumstances making the receipt thereof a violation of RCW 42.52.040,
42.52.110, 42.52.120, 42.52.140, or 42.52.150. [1994 c 154 § 117;
1987 c 426 § 5; 1969 ex.s. c 234 § 23. Formerly RCW 42.18.230.]
RCW 42.52.180 Use of public resources for political campaigns.
(1) No state officer or state employee may use or authorize the use of
facilities of an agency, directly or indirectly, for the purpose of assisting
a campaign for election of a person to an office or for the promotion of
or opposition to a ballot proposition. Knowing acquiescence by a person
with authority to direct, control, or influence the actions of the state
officer or state employee using public resources in violation of this section
constitutes a violation of this section. Facilities of an agency include,
but are not limited to, use of stationery, postage, machines, and equipment,
use of state employees of the agency during working hours, vehicles, office
space, publications of the agency, and clientele lists of persons served
by the agency.
(2) This section shall not apply to the following activities:
(a) Action taken at an open public meeting by members of an elected
legislative body to express a collective decision, or to actually vote
upon a motion, proposal, resolution, order, or ordinance, or to support
or oppose a ballot proposition as long as (i) required notice of the meeting
includes the title and number of the ballot proposition, and (ii) members
of the legislative body or members of the public are afforded an approximately
equal opportunity for the expression of an opposing view;
(b) A statement by an elected official in support of or in opposition
to any ballot proposition at an open press conference or in response to
a specific inquiry. For the purposes of this subsection, it is not a violation
of this section for an elected official to respond to an inquiry regarding
a ballot proposition, to make incidental remarks concerning a ballot proposition
in an official communication, or otherwise comment on a ballot proposition
without an actual, measurable expenditure of public funds. The ethics boards
shall adopt by rule a definition of measurable expenditure;
(c) Activities that are part of the normal and regular conduct of the
office or agency; and
(d) De minimis use of public facilities by state-wide elected officials
and legislators incidental to the preparation or delivery of permissible
communications, including written and verbal communications initiated by
them of their views on ballot propositions that foreseeably may affect
a matter that falls within their constitutional or statutory responsibilities.
(3) As to state officers and employees, this section operates to the
exclusion of RCW 42.17.130. [1995 c 397 § 30; 1994 c 154 § 118.]
NOTES:
Effective date--Captions--Severability--1995 c 397: See RCW
42.17.960 through 42.17.962.
RCW 42.52.185 Restrictions on mailings by legislators.
(1) During the twelve-month period beginning on December 1st of the year
before a general election for a state legislator's election to office and
continuing through November 30th immediately after the general election,
the legislator may not mail, either by regular mail or electronic mail,
to a constituent at public expense a letter, newsletter, brochure, or other
piece of literature, except as follows:
(a) The legislator may mail two mailings of newsletters to constituents.
All newsletters within each mailing of newsletters must be identical as
to their content but not as to the constituent name or address. One such
mailing may be mailed no later than thirty days after the start of a regular
legislative session, except that a legislator appointed during a regular
legislative session to fill a vacant seat may have up to thirty days from
the date of appointment to send out the first mailing. The other mailing
may be mailed no later than sixty days after the end of a regular legislative
session.
(b) The legislator may mail an individual letter to (i) an individual
constituent who has contacted the legislator regarding the subject matter
of the letter during the legislator's current term of office; (ii) an individual
constituent who holds a governmental office with jurisdiction over the
subject matter of the letter; or (iii) an individual constituent who has
received an award or honor of extraordinary distinction of a type that
is sufficiently infrequent to be noteworthy to a reasonable person, including,
but not limited to: (A) An international or national award such as the
Nobel prize or the Pulitzer prize; (B) a state award such as Washington
scholar; (C) an Eagle Scout award; and (D) a Medal of Honor.
(2) For purposes of subsection (1) of this section, "legislator" means
a legislator who is a "candidate," as defined by RCW 42.17.020, for any
public office.
(3) A violation of this section constitutes use of the facilities of
a public office for the purpose of assisting a campaign under RCW 42.52.180.
(4) The house of representatives and senate shall specifically limit
expenditures per member for the total cost of mailings. Those costs include,
but are not limited to, production costs, printing costs, and postage costs.
The limits imposed under this subsection apply only to the total expenditures
on mailings per member and not to any categorical cost within the total.
(5) For purposes of this section, persons residing outside the legislative
district represented by the legislator are not considered to be constituents,
but students, military personnel, or others temporarily employed outside
of the district who normally reside in the district are considered to be
constituents. [1997 c 320 § 1; 1995 c 397 § 5; 1993 c 2 §
25 (Initiative Measure No. 134, approved November 3, 1992). Formerly RCW
42.17.132.]
RCW 42.52.190 Investments. (1) Except for permissible
investments as defined in this section, no state officer or state employee
of any agency responsible for the investment of funds, who acts in a decision-making,
advisory, or policy-influencing capacity with respect to investments, may
have a direct or indirect interest in any property, security, equity, or
debt instrument of a person, without prior written approval of the agency.
(2) Agencies responsible for the investment of funds shall adopt policies
governing approval of investments and establishing criteria to be considered
in the approval process. Criteria shall include the relationship between
the proposed investment and investments held or under consideration by
the state, the size and timing of the proposed investment, access by the
state officer or state employee to nonpublic information relative to the
proposed investment, and the availability of the investment in the public
market. Agencies responsible for the investment of funds also shall adopt
policies consistent with this chapter governing use by their officers and
employees of financial information acquired by virtue of their state positions.
A violation of such policies adopted to implement this subsection shall
constitute a violation of this chapter.
(3) As used in this section, "permissible investments" means any mutual
fund, deposit account, certificate of deposit, or money market fund maintained
with a bank, broker, or other financial institution, a security publicly
traded in an organized market if the interest in the security at acquisition
is ten thousand dollars or less, or an interest in real estate, except
if the real estate interest is in or with a party in whom the agency holds
an investment. [1994 c 154 § 119.]
RCW 42.52.200 Agency rules. (1) Each agency may adopt
rules consistent with law, for use within the agency to protect against
violations of this chapter.
(2) Each agency proposing to adopt rules under this section shall forward
the rules to the appropriate ethics board before they may take effect.
The board may submit comments to the agency regarding the proposed rules.
[1994 c 154 § 120.]
RCW 42.52.310 Legislative ethics board. (1) The legislative
ethics board is created, composed of nine members, selected as follows:
(a) Two senators, one from each of the two largest caucuses, appointed
by the president of the senate;
(b) Two members of the house of representatives, one from each of the
two largest caucuses, appointed by the speaker of the house of representatives;
(c) Five citizen members:
(i) One citizen member chosen by the governor from a list of three
individuals submitted by each of the four legislative caucuses; and
(ii) One citizen member selected by three of the four other citizen
members of the legislative ethics board.
(2) Except for initial members and members completing partial terms,
nonlegislative members shall serve a single five-year term.
(3) No more than three of the public members may be identified with
the same political party.
(4) Terms of initial nonlegislative board members shall be staggered
as follows: One member shall be appointed to a one-year term; one member
shall be appointed to a two-year term; one member shall be appointed to
a three-year term; one member shall be appointed to a four-year term; and
one member shall be appointed for a five-year term.
(5) A vacancy on the board shall be filled in the same manner as the
original appointment.
(6) Legislative members shall serve two-year terms, from January 31st
of an odd-numbered year until January 31st of the next odd-numbered year.
(7) Each member shall serve for the term of his or her appointment
and until his or her successor is appointed.
(8) The citizen members shall annually select a chair from among themselves.
[1994 c 154 § 201.]
RCW 42.52.320 Authority of legislative ethics board.
(1) The legislative ethics board shall enforce this chapter and rules adopted
under it with respect to members and employees of the legislature.
(2) The legislative ethics board shall:
(a) Develop educational materials and training with regard to legislative
ethics for legislators and legislative employees;
(b) Issue advisory opinions;
(c) Adopt rules or policies governing the conduct of business by the
board, and adopt rules defining working hours for purposes of RCW 42.52.180
and where otherwise authorized under chapter 154, Laws of 1994;
(d) Investigate, hear, and determine complaints by any person or on
its own motion;
(e) Impose sanctions including reprimands and monetary penalties;
(f) Recommend suspension or removal to the appropriate legislative
entity, or recommend prosecution to the appropriate authority; and
(g) Establish criteria regarding the levels of civil penalties appropriate
for different types of violations of this chapter and rules adopted under
it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of witnesses and
the production of documentary evidence relating to any matter under examination
by the board or involved in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(4) Subject to RCW 42.52.540, the board has jurisdiction over any alleged
violation that occurred before January 1, 1995, and that was within the
jurisdiction of any of the boards established under *chapter 44.60 RCW.
The board's jurisdiction with respect to any such alleged violation shall
be based on the statutes and rules in effect at [the] time of the violation.
[1994 c 154 § 202.]
NOTES:
*Reviser's note: Chapter 44.60 RCW was repealed by 1994 c 154
§ 304, effective January 1, 1995.
RCW 42.52.330 Interpretation. By constitutional design,
the legislature consists of citizen-legislators who bring to bear on the
legislative process their individual experience and expertise. The provisions
of this chapter shall be interpreted in light of this constitutional principle.
[1994 c 154 § 203.]
RCW 42.52.340 Transfer of jurisdiction. On January 1,
1995, any complaints or other matters under investigation or consideration
by the boards of legislative ethics in the house of representatives and
the senate operating pursuant to *chapter 44.60 RCW shall be transferred
to the legislative ethics board created by RCW 42.52.310. All files, including
but not limited to minutes of meetings, investigative files, records of
proceedings, exhibits, and expense records, shall be transferred to the
legislative ethics board created in RCW 42.52.310 pursuant to their direction
and the legislative ethics board created in RCW 42.52.310 shall assume
full jurisdiction over all pending complaints, investigations, and proceedings.
[1994 c 154 § 204.]
NOTES:
*Reviser's note: Chapter 44.60 RCW was repealed by 1994 c 154
§ 304, effective January 1, 1995.
RCW 42.52.350 Executive ethics board. (1) The executive
ethics board is created, composed of five members, appointed by the governor
as follows:
(a) One member shall be a classified service employee as defined in
chapter 41.06 RCW;
(b) One member shall be a state officer or state employee in an exempt
position;
(c) One member shall be a citizen selected from a list of three names
submitted by the attorney general;
(d) One member shall be a citizen selected from a list of three names
submitted by the state auditor; and
(e) One member shall be a citizen selected at large by the governor.
(2) Except for initial members and members completing partial terms,
members shall serve a single five-year term.
(3) No more than three members may be identified with the same political
party.
(4) Terms of initial board members shall be staggered as follows: One
member shall be appointed to a one-year term; one member shall be appointed
to a two-year term; one member shall be appointed to a three-year term;
one member shall be appointed to a four-year term; and one member shall
be appointed to a five-year term.
(5) A vacancy on the board shall be filled in the same manner as the
original appointment.
(6) Each member shall serve for the term of his or her appointment
and until his or her successor is appointed.
(7) The members shall annually select a chair from among themselves.
(8) Staff shall be provided by the office of the attorney general.
[1994 c 154 § 205.]
RCW 42.52.360 Authority of executive ethics board. (1)
The executive ethics board shall enforce this chapter and rules adopted
under it with respect to state-wide elected officers and all other officers
and employees in the executive branch, boards and commissions, and institutions
of higher education.
(2) The executive ethics board shall:
(a) Develop educational materials and training;
(b) Adopt rules and policies governing the conduct of business by the
board, and adopt rules defining working hours for purposes of RCW 42.52.180
and where otherwise authorized under chapter 154, Laws of 1994;
(c) Issue advisory opinions;
(d) Investigate, hear, and determine complaints by any person or on
its own motion;
(e) Impose sanctions including reprimands and monetary penalties;
(f) Recommend to the appropriate authorities suspension, removal from
position, prosecution, or other appropriate remedy; and
(g) Establish criteria regarding the levels of civil penalties appropriate
for violations of this chapter and rules adopted under it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of witnesses and
the production of documentary evidence relating to any matter under examination
by the board or involved in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(4) The executive ethics board may review and approve agency policies
as provided for in this chapter.
(5) This section does not apply to state officers and state employees
of the judicial branch. [1994 c 154 § 206.]
RCW 42.52.370 Authority of commission on judicial conduct.
The commission on judicial conduct shall enforce this chapter and rules
adopted under it with respect to state officers and employees of the judicial
branch and may do so according to procedures prescribed in Article IV,
section 31 of the state Constitution. In addition to the sanctions authorized
in Article IV, section 31 of the state Constitution, the commission may
impose sanctions authorized by this chapter. [1994 c 154 § 207.]
RCW 42.52.380 Political activities of board members.
(1) No member of the executive ethics board may (a) hold or campaign for
partisan elective office other than the position of precinct committeeperson,
or any full-time nonpartisan office; (b) be an officer of any political
party or political committee as defined in chapter 42.17 RCW other than
the position of precinct committeeperson; (c) permit his or her name to
be used, or make contributions, in support of or in opposition to any state
candidate or state ballot measure; or (d) lobby or control, direct, or
assist a lobbyist except that such member may appear before any committee
of the legislature on matters pertaining to this chapter.
(2) No citizen member of the legislative ethics board may (a) hold
or campaign for partisan elective office other than the position of precinct
committeeperson, or any full-time nonpartisan office; (b) be an officer
of any political party or political committee as defined in chapter 42.17
RCW, other than the position of precinct committeeperson; (c) permit his
or her name to be used, or make contributions, in support of or in opposition
to any legislative candidate, any legislative caucus campaign committee
that supports or opposes legislative candidates, or any political action
committee that supports or opposes legislative candidates; or (d) engage
in lobbying in the legislative branch under circumstances not exempt, under
RCW 42.17.160, from lobbyist registration and reporting.
(3) No citizen member of the legislative ethics board may hold or campaign
for a seat in the state house of representatives or the state senate within
two years of serving on the board if the citizen member opposes an incumbent
who has been the respondent in a complaint before the board. [1997 c 11
§ 1; 1994 c 154 § 208.]
RCW 42.52.390 Hearing and subpoena authority. Except
as otherwise provided by law, the ethics boards may hold hearings, subpoena
witnesses, compel their attendance, administer oaths, take the testimony
of a person under oath, and in connection therewith, to require the production
for examination of any books or papers relating to any matter under investigation
or in question before the ethics board. The ethics board may make rules
as to the issuance of subpoenas by individual members, as to service of
complaints, decisions, orders, recommendations, and other process or papers
of the ethics board. [1994 c 154 § 209.]
RCW 42.52.400 Enforcement of subpoena authority. In case
of refusal to obey a subpoena issued to a person, the superior court of
a county within the jurisdiction of which the investigation, proceeding,
or hearing under this chapter is carried on or within the jurisdiction
of which the person refusing to obey is found or resides or transacts business,
upon application by the appropriate ethics board shall have jurisdiction
to issue to the person an order requiring the person to appear before the
ethics board or its member to produce evidence if so ordered, or to give
testimony touching the matter under investigation or in question. Failure
to obey such order of the court may be punished by the court as contempt.
[1994 c 154 § 210.]
RCW 42.52.410 Filing complaint. (1) A person may, personally
or by his or her attorney, make, sign, and file with the appropriate ethics
board a complaint on a form provided by the appropriate ethics board. The
complaint shall state the name of the person alleged to have violated this
chapter or rules adopted under it and the particulars thereof, and contain
such other information as may be required by the appropriate ethics board.
(2) If it has reason to believe that any person has been engaged or
is engaging in a violation of this chapter or rules adopted under it, an
ethics board may issue a complaint. [1994 c 154 § 211.]
RCW 42.52.420 Investigation. After the filing of any
complaint, except as provided in RCW 42.52.450, the staff of the appropriate
ethics board shall investigate the complaint. The investigation shall be
limited to the alleged facts contained in the complaint. The results of
the investigation shall be reduced to writing and a determination shall
be made that there is or that there is not reasonable cause to believe
that a violation of this chapter or rules adopted under it has been or
is being committed. A copy of the written determination shall be provided
to the complainant and to the person named in such complaint. [1994 c 154
§ 212.]
RCW 42.52.430 Public hearing-Findings. (1) If the ethics
board determines there is reasonable cause under RCW 42.52.420 that a violation
of this chapter or rules adopted under it occurred, a public hearing on
the merits of the complaint shall be held.
(2) The ethics board shall designate the location of the hearing. The
case in support of the complaint shall be presented at the hearing by staff
of the ethics board.
(3) The respondent shall file a written answer to the complaint and
appear at the hearing in person or otherwise, with or without counsel,
and submit testimony and be fully heard. The respondent has the right to
cross-examine witnesses.
(4) Testimony taken at the hearing shall be under oath and recorded.
(5) If, based upon a preponderance of the evidence, the ethics board
finds that the respondent has violated this chapter or rules adopted under
it, the board shall file an order stating findings of fact and enforcement
action as authorized under this chapter.
(6) If, upon all the evidence, the ethics board finds that the respondent
has not engaged in an alleged violation of this chapter or rules adopted
under it, the ethics board shall state findings of fact and shall similarly
issue and file an order dismissing the complaint.
(7) If the board makes a determination that there is not reasonable
cause to believe that a violation has been or is being committed or has
made a finding under subsection (6) of this section, the attorney general
shall represent the officer or employee in any action subsequently commenced
based on the alleged facts in the complaint. [1994 c 154 § 213.]
RCW 42.52.440 Review of order. Except as otherwise provided
by law, reconsideration or judicial review of an ethics board's order that
a violation of this chapter or rules adopted under it has occurred shall
be governed by the provisions of chapter 34.05 RCW applicable to review
of adjudicative proceedings. [1994 c 154 § 214.]
RCW 42.52.450 Complaint against legislator or state-wide
elected official. (1) If a complaint alleges a violation of RCW 42.52.180
by a legislator or state-wide elected official other than the attorney
general, the attorney general shall conduct the investigation under RCW
42.52.420 and recommend action to the appropriate ethics board.
(2) If a complaint alleges a violation of RCW 42.52.180 by the attorney
general, the state auditor shall conduct the investigation under RCW 42.52.420
and recommend action to the appropriate ethics board. [1994 c 154 §
215.]
RCW 42.52.460 Citizen actions. Any person who has notified
the appropriate ethics board and the attorney general in writing that there
is reason to believe that RCW 42.52.180 is being or has been violated may,
in the name of the state, bring a citizen action for any of the actions
authorized under this chapter. A citizen action may be brought only if
the appropriate ethics board or the attorney general have failed to commence
an action under this chapter within forty-five days after notice from the
person, the person has thereafter notified the appropriate ethics board
and the attorney general that the person will commence a citizen's action
within ten days upon their failure to commence an action, and the appropriate
ethics board and the attorney general have in fact failed to bring an action
within ten days of receipt of the second notice.
If the person who brings the citizen's action prevails, the judgment
awarded shall escheat to the state, but the person shall be entitled to
be reimbursed by the state of Washington for costs and attorneys' fees
incurred. If a citizen's action that the court finds was brought without
reasonable cause is dismissed, the court may order the person commencing
the action to pay all costs of trial and reasonable attorneys' fees incurred
by the defendant.
Upon commencement of a citizen action under this section, at the request
of a state officer or state employee who is a defendant, the office of
the attorney general shall represent the defendant if the attorney general
finds that the defendant's conduct complied with this chapter and was within
the scope of employment. [1994 c 154 § 216.]
RCW 42.52.470 Referral for enforcement. As appropriate,
an ethics board may refer a complaint:
(1) To an agency for initial investigation and proposed resolution
which shall be referred back to the appropriate ethics board for action;
or
(2) To the attorney general's office or prosecutor for appropriate
action. [1994 c 154 § 217.]
RCW 42.52.480 Action by boards. (1) Except as otherwise
provided by law, an ethics board may order payment of the following amounts
if it finds a violation of this chapter or rules adopted under it after
a hearing under RCW 42.52.370 or other applicable law:
(a) Any damages sustained by the state that are caused by the conduct
constituting the violation;
(b) From each such person, a civil penalty of up to five thousand dollars
per violation or three times the economic value of any thing received or
sought in violation of this chapter or rules adopted under it, whichever
is greater; and
(c) Costs, including reasonable investigative costs, which shall be
included as part of the limit under (b) of this subsection. The costs may
not exceed the penalty imposed. The payment owed on the penalty shall be
reduced by the amount of the costs paid.
(2) Damages under this section may be enforced in the same manner as
a judgment in a civil case. [1994 c 154 § 218.]
RCW 42.52.490 Action by attorney general. (1) Upon a
written determination by the attorney general that the action of an ethics
board was clearly erroneous or if requested by an ethics board, the attorney
general may bring a civil action in the superior court of the county in
which the violation is alleged to have occurred against a state officer,
state employee, former state officer, former state employee, or other person
who has violated or knowingly assisted another person in violating any
of the provisions of this chapter or the rules adopted under it. In such
action the attorney general may recover the following amounts on behalf
of the state of Washington:
(a) Any damages sustained by the state that are caused by the conduct
constituting the violation;
(b) From each such person, a civil penalty of up to five thousand dollars
per violation or three times the economic value of any thing received or
sought in violation of this chapter or the rules adopted under it, whichever
is greater; and
(c) Costs, including reasonable investigative costs, which shall be
included as part of the limit under (b) of this subsection. The costs may
not exceed the penalty imposed. The payment owed on the penalty shall be
reduced by the amount of the costs paid.
(2) In any civil action brought by the attorney general upon the basis
that the attorney general has determined that the board's action was clearly
erroneous, the court shall not proceed with the action unless the attorney
general has first shown, and the court has found, that the action of the
board was clearly erroneous. [1994 c 154 § 219.]
RCW 42.52.500 Optional hearings by administrative law judge.
If an ethics board finds that there is reasonable cause to believe that
a violation has occurred, the board shall consider the possibility of the
alleged violator having to pay a total amount of penalty and costs of more
than five hundred dollars. Based on such consideration, the board may give
the person who is the subject of the complaint the option to have an administrative
law judge conduct the hearing and rule on procedural and evidentiary matters.
The board may also, on its own initiative, provide for retaining an administrative
law judge. An ethics board may not require total payment of more than five
hundred dollars in penalty and costs in any case where an administrative
law judge is not used and the board did not give such option to the person
who is the subject of the complaint. [1994 c 154 § 220.]
RCW 42.52.510 Rescission of state action. (1) The attorney
general may, on request of the governor or the appropriate agency, and
in addition to other available rights of rescission, bring an action in
the superior court of Thurston county to cancel or rescind state action
taken by a state officer or state employee, without liability to the state
of Washington, contractual or otherwise, if the governor or ethics board
has reason to believe that: (a) A violation of this chapter or rules adopted
under it has substantially influenced the state action, and (b) the interest
of the state requires the cancellation or rescission. The governor may
suspend state action pending the determination of the merits of the controversy
under this section. The court may permit persons affected by the governor's
actions to post an adequate bond pending such resolution to ensure compliance
by the defendant with the final judgment, decree, or other order of the
court.
(2) This section does not limit other available remedies. [1994 c 154
§ 221.]
RCW 42.52.520 Disciplinary action. (1) A violation of
this chapter or rules adopted under it is grounds for disciplinary action.
(2) The procedures for any such action shall correspond to those applicable
for disciplinary action for employee misconduct generally; for those state
officers and state employees not specifically exempted in chapter 41.06
RCW, the rules set forth in chapter 41.06 RCW shall apply. Any action against
the state officer or state employee shall be subject to judicial review
to the extent provided by law for disciplinary action for misconduct of
state officers and state employees of the same category and grade. [1994
c 154 § 222; 1969 ex.s. c 234 § 26. Formerly RCW 42.18.260.]
RCW 42.52.530 Additional investigative authority. In
addition to other authority under this chapter, the attorney general may
investigate persons not under the jurisdiction of an ethics board whom
the attorney general has reason to believe were involved in transactions
in violation of this chapter or rules adopted under it. [1994 c 154 §
223.]
RCW 42.52.540 Limitations period. Any action taken under
this chapter must be commenced within five years from the date of the violation.
However, if it is shown that the violation was not discovered because of
concealment by the person charged, then the action must be commenced within
two years from the date the violation was discovered or reasonably should
have been discovered: (1) By any person with direct or indirect supervisory
responsibilities over the person who allegedly committed the violation;
or (2) if no person has direct or indirect supervisory authority over the
person who committed the violation, by the appropriate ethics board. [1994
c 154 § 224.]
RCW 42.52.550 Compensation of ethics boards. The citizen
members of the legislative ethics board and the members of the executive
ethics board shall be compensated as provided in RCW 43.03.250 and reimbursed
for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislator
members of the legislative ethics board shall be reimbursed as provided
in RCW 44.04.120. [1994 c 154 § 227.]
RCW 42.52.900 Legislative declaration. Government derives
its powers from the people. Ethics in government are the foundation on
which the structure of government rests. State officials and employees
of government hold a public trust that obligates them, in a special way,
to honesty and integrity in fulfilling the responsibilities to which they
are elected and appointed. Paramount in that trust is the principle that
public office, whether elected or appointed, may not be used for personal
gain or private advantage.
The citizens of the state expect all state officials and employees
to perform their public responsibilities in accordance with the highest
ethical and moral standards and to conduct the business of the state only
in a manner that advances the public's interest. State officials and employees
are subject to the sanctions of law and scrutiny of the media; ultimately,
however, they are accountable to the people and must consider this public
accountability as a particular obligation of the public service. Only when
affairs of government are conducted, at all levels, with openness as provided
by law and an unswerving commitment to the public good does government
work as it should.
The obligations of government rest equally on the state's citizenry.
The effectiveness of government depends, fundamentally, on the confidence
citizens can have in the judgments and decisions of their elected representatives.
Citizens, therefore, should honor and respect the principles and the spirit
of representative democracy, recognizing that both elected and appointed
officials, together with state employees, seek to carry out their public
duties with professional skill and dedication to the public interest. Such
service merits public recognition and support.
All who have the privilege of working for the people of Washington
state can have but one aim: To give the highest public service to its citizens.
[1994 c 154 § 1.]
RCW 42.52.901 Liberal construction. This chapter shall
be construed liberally to effectuate its purposes and policy and to supplement
existing laws as may relate to the same subject. [1994 c 154 § 301.]
RCW 42.52.902 Parts and captions not law--1994 c 154.
Parts and captions used in this act do not constitute any part of the law.
[1994 c 154 § 302.]
RCW 42.52.903 Serving on board, committee, or commission
not prevented. Nothing in this chapter shall be interpreted to prevent
a member of a board, committee, advisory commission, or other body required
or permitted by statute to be appointed from any identifiable group or
interest, from serving on such body in accordance with the intent of the
legislature in establishing such body. [1969 ex.s. c 234 § 33. Formerly
RCW 42.18.330.]
RCW 42.52.904 Effective date--1994 c 154. Sections 101
through 121, 203, 204, 207 through 224, and 301 through 317 of this act
shall take effect January 1, 1995. [1994 c 154 § 319.]
NOTES:
Reviser's note: For codification of 1994 c 154, see Codification
Tables, Volume 0.
RCW 42.52.905 Severability--1994 c 154. If any provision
of this act or its application to any person or circumstance is held invalid,
the remainder of the act or the application of the provision to other persons
or circumstances is not affected. [1994 c 154 § 320.]