| Advisory
Opinion |
Subject |
Issue |
Summary
of Board's answer |
RCW
and/or WAC |
Cross
Reference |
| 03-01 |
Use
Of State Facilities, Including the Internet, To Access State Benefits
|
May a state
employee use state provided Internet access to monitor or update
account allocations in a state provided retirement benefit plan,
or to update personal information regarding other state provided
benefits?
|
Yes,
an occasional and limited use of state resources, including state
provided Internet access, to review and update state provided benefits
would not violate the Ethics in Public Service Act. |
RCW
42.52.160 |
99-02
00-09
|
| 03-02 |
Use
of State Resources/Political Campaigns/Voters Pamphlet Statements |
May
the Governor use state resources to draft a statement supporting or
opposing the passage of a ballot proposition that will be published
in the statewide voters' pamphlet? |
The
answer is yes under specific circumstances. When the Governor is officially
appointed to a statewide voters' pamphlet committee, using state resources
to draft arguments that oppose or support a pending ballot proposition
is authorized under RCW 42.52.180(2)(c). |
RCW
42.52.180
WAC
390-05-273 |
99-01
02-04
|
| 03-03 |
Use
of Frequent Flyer Miles by State Officers and Employees |
1.
Can a state officer or employee use frequent flyer miles earned
from official state travel for personal travel?
2. Can a state
officer or employee purchase airline tickets for official state
travel using personal frequent flyer miles?
3. Can a state
officer or employee purchase airline tickets for official state
travel using personal frequent flyer miles and t hen seek reimbursement
of that travel payment from the state? |
1.
Yes, with limitations. State agencies may allow state officers and
employees to use frequent traveler benefits earned on official travel.
While t he Ethics Act does not prohibit the personal use of frequent
flyer miles earned while conducting official state travel, receiving
such rewards is a beneficial interest in a state transaction. Therefore,
state officers or employees may not participate in the selection
of a carrier when they receive frequent flyer miles for travel on
that carrier.
2. Yes. The
Ethics in Public Service Act does not prohibit a state officer or
employee from donating personal property or benefits, such as frequent
flyer miles, to a state agency.
3. This question
is governed by state travel regulations, which provide that personal
funds can only be used to purchase airline travel in emergencies. |
RCW
42.52.020
RCW
42.52.030
RCW
42.52.070
RCW
42.52.150
RCW
42.52.160 |
98-10
01-02
01-07 |
| 03-04 |
Selling
Complimentary Textbooks |
May
state higher education faculty sell complimentary textbooks, which
were received under an exemption to the gift prohibitions? |
The
Ethics in Public Service Act allows state officers and employees,
including state higher education faculty, to accept gifts of informational
material, publications, or subscriptions. Once received, state officers
and employees may use or retain such items in a manner consistent
with the purpose for which they were provided, use or retain them
to perform official duties, or dispose of them as provided under RCW
42.52.010(10)(g).
The issue before the Board is whether higher education faculty may
sell publications, such as textbooks, for personal benefit or profit.
The Ethics Act prohibits higher education faculty from selling textbooks.
The answer is no because the Ethics Act prohibits the use of official
position and the use of any resource or property under official
control for private benefit or gain. |
RCW
42.52.070
RCW
42.52.140
RCW
42.52.150
RCW
42.52.160
RCW
42.52.900
RCW
42.52.901 |
96-05
97-03
97-07
|
| 03-05 |
Holding
an interest in a person regulated by a citizen body whose members
may be selected from identified groups or interests |
May
a member of the Fish and Wildlife Commission accept a position as
an "Alternate Operator" under a commercial fishing license
owned by another person? |
Yes - Fish and
Wildlife Commission members who are selected from certain interest
groups may become "Alternate Operators" under commercial
fishing license but must recuse themselves from participating in
Fish and Wildlife transactions regarding the primary license holder.
|
RCW
42.52.020
RCW
42.52.030
RCW
42.52.903
|
96-09
96-09A
|
| 03-06 |
Application
of the Ethics in Public Service Act’s Financial Interests Provisions
to Non-Federal Grants |
Do
the alternate conflict of interest provisions provided for higher
education in the Ethics Act’s financial interests in transactions
section apply to both federal and non-federal grants or contracts?
|
Yes
– The alternate conflict of interest provisions under RCW 42.52.030(2)
generally apply to research grants and licensing contracts, including
technology transfer agreements, funded with both federal and non-federal
sources, such as foundations, industry, state and local governments,
and other private sources. |
RCW
42.52.030
RCW
42.52.901 |
|
