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1996 Executive Ethics Board Advisory Opinions

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Opinions by Subject and Statute

Advisory Opinion  Subject Issue RCW and/or WAC
96-01 Gifts 

Agency 

Section 4 employee 

Payments for educational programs

Does a regulatory agency violate limitations in RCW 42.52.140-.150 if it receives a gift from a person it regulates, to be used to offset the cost of training agency officers and employees? RCW 42.52.140 

RCW 42.52.150

96-02  Gifts 

Agency 

Section 4 employee 

Unsolicited refreshments

Does a state officer or employee violate the limitations in RCW 42.52.140-.150 if he/she accepts unsolicited token refreshment items of nominal value which are offered as a gesture of common courtesy from a regulated business while performing official activities at their place of business? RCW 42.52.140 

RCW 42.52.150

96-03  State Employees 

De minimis use of state resources

Is the de minimis use of staff time and resources to support recreational activities as part of the agency wellness program a violation of RCW 42.52.160? RCW 42.52.160 
 
WAC 292-110-010
96-04  State Employees 

De minimis use of state resources

Does a state officer or employee violate RCW 42.52.160 if he/she receives and makes telephone calls during office hours about the vanpool in which he/she participates? RCW 42.52.160 
 
WAC 292-110-010
96-05  Gifts 

Agency 

Section 4 employee 

Limitations on gifts

Does a state agency that only performs ministerial acts fall within the definition of regulatory agency in RCW 42.52.010(13)? RCW 45.52.010 

RCW 42.52.150

96-06  Gifts 

Agency 

Section 4 employee 

Hosted reception 

Acceptance of food & beverage

Can officers and employees of a state regulatory agency accept food and beverage from persons when they do not participate in regulatory or contractual matters with those persons? RCW 42.52.150
96-07  Outside employment Can a state officer or employee with specialized knowledge accept employment as an expert witness? RCW 42.52.120 
96-08  Definition of state officer and state employee Do state officers and employees ever lose their identity or does their status as state officers and employees apply only during normal working hours or when they are performing their state duties at times not considered normal working hours? RCW 45.52.010
96-09  Boards and Commissions 

Disclosure requirements 

Voting abstention requirements

Can a state board whose members are required by statute to be appointed from identified groups adopt rules that require members to disclose their interests and abstain from voting on certain matters as a way of addressing ethical prohibitions in the law? RCW 42.52
96-09A   Supplemental Model Rules were approved and may be adapted to a board or commissions particular need.  
96-10  Elected Officials 

Facilities of an agency 

Normal and regular conduct 

Employee mailing list

Is it a violation of RCW 42.52.180(1) for a statewide elected official, who is running for re-election, to use the agency's list of employee home addresses to send agency employees a letter, paid for with campaign funds, explaining the elected official's policies in response to a letter to agency employees from another candidate for the same office? RCW 42.52.180
96-11  De minimis use of state resources 

Charity

May state officers or employees use state resources to coordinate statewide volunteer construction projects? RCW 42.52.160
96-12  Gifts 

Food & beverages 

Community or civic event 

Hosted reception 

Inaugural ball

May state elected officials, state officers and employees accept food and beverage at an inaugural ball and inaugural dinner sponsored by a community or civic organization? RCW 42.52.150

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