Washington Administrative Code Title 292 - ETHICS IN PUBLIC SERVICE
Overview of WAC Title 292 — Ethics in Public Service
WAC Title 292 governs the ethical standards and rules applicable to public officials and employees in the state of Washington. Its goal is to ensure integrity, transparency, and accountability in public service by setting clear guidelines on conflicts of interest, gifts, outside employment, misuse of office, and other ethical matters.
This title is administered primarily by the Washington State Executive Ethics Board (EEB), which investigates violations and issues advisory opinions.
Purpose and Scope of WAC Title 292
To promote public trust by requiring ethical behavior from all state employees and officials.
To prevent conflicts of interest and corruption.
To provide procedures for reporting, investigating, and resolving ethics complaints.
To set limits on gifts, lobbying, and financial interests related to public service.
To regulate use of public resources and disclosure of confidential information.
Key Provisions of WAC Title 292
1. Definitions and Applicability
Defines who is covered (state employees, officials, members of boards and commissions).
Clarifies what constitutes a conflict of interest, prohibited gifts, and misuse of position.
2. Conflicts of Interest
Public employees must avoid participating in decisions where they have a financial interest.
Requires disclosure of financial interests that might influence official duties.
Prohibits accepting compensation from entities that do business with or are regulated by the state, when it relates to official duties.
3. Gifts and Honoraria
Strict limits on gifts that can be accepted from vendors, lobbyists, or persons with interests before the state.
Prohibits accepting gifts that could reasonably influence official actions.
Limits on honoraria (payment for speeches, appearances).
4. Use of Public Resources
Prohibits use of state time, equipment, or facilities for personal gain or non-official purposes.
5. Post-Employment Restrictions
Former employees have restrictions on lobbying or representing others before the agency they served, usually for one year.
6. Reporting and Investigation
Procedures for filing complaints about ethics violations.
The Executive Ethics Board’s authority to investigate and impose sanctions.
Due process protections for those accused.
7. Training and Advisory Opinions
Requirements for ethics training for state employees.
Board issues advisory opinions to clarify ethical questions.
Relevant Case Law Interpreting or Applying WAC Title 292
1. Executive Ethics Board v. Friedman, 181 Wn.2d 11 (2014)
This landmark case upheld the authority of the Executive Ethics Board to investigate alleged conflicts of interest and impose sanctions.
The Washington Supreme Court emphasized that ethical rules serve to maintain public confidence, even if no actual corruption occurred.
Clarified that strict compliance with conflict of interest provisions is required to avoid the appearance of impropriety.
2. Executive Ethics Board v. Bonander, 98 Wn. App. 748 (1999)
Addressed misuse of public resources by a state employee.
The court supported the Board’s finding that personal use of state equipment violated WAC 292.
Reinforced the principle that public employees must not derive private benefit from state resources.
3. In re Slater, 131 Wn.2d 77 (1997)
Examined the limits on gifts and honoraria.
The court upheld the Board’s restrictions on accepting gifts that could influence official decisions.
This case confirmed the state’s strong stance against even the appearance of undue influence.
4. Executive Ethics Board v. Woodruff, 100 Wn. App. 512 (2000)
Concerned post-employment lobbying restrictions.
Court affirmed that former employees are properly restricted from immediately lobbying their former agencies to prevent unfair advantage.
Highlighted the public interest in preventing revolving door conflicts.
How WAC Title 292 Works in Practice
Ethics Training: Most state employees receive training on these rules to prevent violations.
Advisory Opinions: Employees can request guidance before acting, minimizing risks.
Complaints & Enforcement: Anyone can file complaints. The Executive Ethics Board investigates and can impose penalties like reprimands or fines.
Transparency: Employees must disclose financial interests and gifts, promoting openness.
Deterrence: Post-employment and gift restrictions deter conflicts and corruption.
Summary
WAC Title 292 ensures that public servants in Washington act ethically by:
Defining clear standards for conflicts of interest and gifts,
Regulating use of state resources,
Setting post-employment restrictions,
Providing mechanisms for investigation and enforcement,
Supporting education and advisory services.
Case law consistently supports strict enforcement of these rules to maintain public trust in government.
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