January 10, 1997
ADVISORY OPINION 97-02
RCW 42.52.010-.150 - AGENCY - SECTION 4 EMPLOYEE - ACCEPTANCE OF FOOD AND BEVERAGES AT GOVERNMENT-SPONSORED EVENTS
RCW 42.52.150(4) imposes strictest limitations on employees or officials of regulatory agencies who participate in regulatory or contractual matters (Section 4 employees); however, RCW 42.52.150(4)(f) permits a Section 4 employee to accept 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.
QUESTION
May a state official or employee who participates in regulatory matters accept food and beverage as part of an official trade mission to another country, if some of the cost is paid by a person regulated by the official or employee's agency?
OPINION
The answer is "yes." RCW 42.52.150(4)(f) provides that an official or employee of a regulatory agency who participates in regulatory matters may accept food and beverages at events sponsored by governmental organizations. An official trade mission to another country is an event sponsored by government, even if some costs are paid by non-governmental persons.
ANALYSIS
The trade mission with the Governor would include meetings with officials of national and local government. As part of the mission, the delegates would also visit businesses in the area. Food and beverages might be provided at all events. Some members of the Governor's party are state officials or employees of regulatory agencies and the regulated persons may provide food and beverages at an event. However, officials and employees of regulatory agencies who participate in regulatory matters are subject to limitations imposed on acceptance of gifts by RCW 42.52.150(4).
The applicable exception in this instance is set out in RCW 42.52.140(4)(f), which
permits the official or employee to accept:
(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.
It is the Board's view that the entire trade mission, organized by the Governor, is a government-sponsored trip and therefore all events that are part of the trip may be construed as "events sponsored by or in conjunction with...a governmental... organization", including any event where some costs may be paid by non-governmetal persons who may be regulated by the official or employee's agency. Therefore, the Section 4 official or employee may participate in the trade mission events on the same basis as all non-regulatory participants.