Washington State Executive Ethics Board

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RESOURCES Laws & Rules Contracting with the State FAQ Ethics Newsletter Brochures Helpful Links Agency Policy Reviews Press Releases	FAQ The Executive Ethics Board staff encourages questions. Many of the questions we receive are the same. We’ve developed a list of the most frequently asked questions as a way to assist you with yours. If you do not see your question, please contact us. Can I use the Internet on a de minimis basis to check my state retirement account or Deferred Compensation accounts and transfer funds to various stock or bond fund accounts? As a section 4 employee working for a regulatory agency, can I accept and keep promotional items from vendors I contract with at a trade show if I am there as part of my job? What are some examples of an unsolicited promotional item of nominal value that a section 4 employee can accept from a vendor? Can I sell items from my kid’s charitable organization such as Girl Scout cookies and/or school fundraisers that sell candy or magazines in the workplace? Can state employees use their computers to listen to internet radio while at work? What is the real bottom line when it comes to personal use of state resources? What does “occasional”, “brief” and “infrequent” really mean? I won a door prize at a conference I attended. Can I keep it? Why is it not okay to engage in fund raising activities for people and organizations who really need help? What are we supposed to do with thank you gifts given to our office by someone who really appreciated our effort? What should I do if I see someone violate the law? Can I reimburse my agency for personal Internet/cell services on my Blackberry? Employees within an agency are holding an election poll – the person closest wins a pot of money on election day. Is this okay? Can I look at personal email on a break? Can I use the internet for personal reasons on a break or lunchtime? May I use the government rate offered by hotels in I am not traveling on business? As a section 4 employee, can I keep flowers from a customer given to me because of a death or sickness in the family? The Red Cross holds a safety fair in our building and as part of their display sells first aid kits. Does this violate the Ethics Law? Use of State Resources Top of Page Can I use the Internet on a de minimis basis to check my state retirement account or Deferred Compensation accounts and transfer funds to various stock or bond fund accounts? Answer: Yes. The retirement account as well as the Deferred Compensation package are part of your benefits as a state employee. Accessing them occasionally will not violate the Ethics in Public Service Act. Top of Page Top of Page As a section 4 employee working for a regulatory agency, can I accept and keep promotional items from vendors I contract with at a trade show if I am there as part of my job? Answer: You may keep promotional items of nominal value, even if from a vendor with whom you contract. Top of Page What are some examples of an unsolicited promotional item of nominal value that a section 4 employee can accept from a vendor? Answer: Items such as pens, note pads, refrigerator magnets and the like. Top of Page Can I sell items from my kid’s charitable organization such as Girl Scout cookies and/or school fundraisers that sell candy or magazines in the workplace? Answer: You may be able to, if it falls within “organizational effectiveness.” That means that the agency head has approved the activity and acknowledges that it relates to an agency’s mission and encompasses activities that enhance or augment the agency’s ability to perform its mission. The Board recognizes that state agencies may allow employees to participate in activities that are not official state duties but promote organizational effectiveness by supporting a collegial work environment. Top of Page Can state employees use their computers to listen to internet radio while at work? Answer: No. To use the internet radio takes up a bandwidth, and goes beyond a de minimis use. Top of Page What is the real bottom line when it comes to personal use of state resources? Answer: So long as the use is brief, infrequent, of little or no cost to the state, is not disruptive, does not support a private business and does not support or oppose candidates or ballot issues, the Board has said that a “de minimis” use of state resources would not violate the ethics law. Top of Page What does “occasional”, “brief” and “infrequent” really mean? Answer: While these terms have not been formally defined, staff has interpreted them to mean just that: the use is no more than once a day and lasts a few minutes, so long as there is no disruption to your work or to the work of others. Top of Page I won a door prize at a conference I attended. Can I keep it? Answer: That depends. Assuming that the door prize was offered to all attendees, then if your attendance at the conference was paid by your agency, the prize belongs to the agency. If you paid your own way to the conference, then you may keep the prize. Top of Page Why is it not okay to engage in fund raising activities for people and organizations who really need help? Answer: The Ethics in Public Service act prohibits using state resources for private gain. While agency heads may deem soliciting for a specific charity is “organizational effectiveness”, it is not possible to support all of our own pet charities. Top of Page What are we supposed to do with thank you gifts given to our office by someone who really appreciated our effort? Answer: State agencies aren’t regulated by the gift statute, so if the gift was truly given to the agency, the ethics law does not apply. However, if the gift was given to an individual, that person may or may not be able to keep it depending on the relationship to the giver (ie: a section 4 relationship.) Top of Page What should I do if I see someone violate the law? Answer: There are several things you can do. First, you can confront the employee and let them know that they are violating the law. You can also notify the employee’s supervisor and let them deal with the situation. You can file a complaint with the state auditor under the Whistleblower Act, and finally, you can file a complaint with the Executive Ethics Board. Top of Page Can I reimburse my agency for personal Internet/cell services on my Blackberry? Answer: Using your Blackberry for personal reasons beyond the de minimis standard is not acceptable. Reimbursement is a mitigating factor, but does not cure the violation. Top of Page Employees within an agency are holding an election poll – the person closest wins a pot of money on election day. Is this okay? Answer: No! Gambling in state offices is illegal. Top of Page Can I look at personal email on a break? Answer: Many agencies block private email sites from access on a state computer. If your agency does not block access, check with them for any policy they may have. Top of Page Can I use the internet for personal reasons on a break or lunchtime? Answer: See the de minimis usage. Top of Page May I use the government rate offered by hotels in I am not traveling on business? Answer: If the rate is offered to all government employees, whether or not they are on official business, then yes. If the hotel requires you to be on official business, then you cannot accept the government rate. To do so would be to use your official position to secure a special privilege. Top of Page As a section 4 employee, can I keep flowers from a customer given to me because of a death or sickness in the family? Answer: You may keep the flowers only if you can establish that you and the customer had a friendship outside of work. Top of Page The Red Cross holds a safety fair in our building and as part of their display sells first aid kits. Does this violate the Ethics Law? Answer: Not necessarily. If other organizations want to come in and hold a similar event, the agency must allow them to do so. Otherwise, a special privilege has been given to the Red Cross. Top of Page

FAQ
The Executive Ethics Board staff encourages questions. Many of the questions we receive are the same. We’ve developed a list of the most frequently asked questions as a way to assist you with yours. If you do not see your question, please contact us.

Can I use the Internet on a de minimis basis to check my state retirement account or Deferred Compensation accounts and transfer funds to various stock or bond fund accounts?

As a section 4 employee working for a regulatory agency, can I accept and keep promotional items from vendors I contract with at a trade show if I am there as part of my job?

What are some examples of an unsolicited promotional item of nominal value that a section 4 employee can accept from a vendor?

Can I sell items from my kid’s charitable organization such as Girl Scout cookies and/or school fundraisers that sell candy or magazines in the workplace?

Can state employees use their computers to listen to internet radio while at work?

What is the real bottom line when it comes to personal use of state resources?

What does “occasional”, “brief” and “infrequent” really mean?

I won a door prize at a conference I attended. Can I keep it?

Why is it not okay to engage in fund raising activities for people and organizations who really need help?

What are we supposed to do with thank you gifts given to our office by someone who really appreciated our effort?

What should I do if I see someone violate the law?

Can I reimburse my agency for personal Internet/cell services on my Blackberry?

Employees within an agency are holding an election poll – the person closest wins a pot of money on election day. Is this okay?

Can I look at personal email on a break?

Can I use the internet for personal reasons on a break or lunchtime?

May I use the government rate offered by hotels in I am not traveling on business?

As a section 4 employee, can I keep flowers from a customer given to me because of a death or sickness in the family?

The Red Cross holds a safety fair in our building and as part of their display sells first aid kits. Does this violate the Ethics Law?

Use of State Resources

Top of Page

Can I use the Internet on a de minimis basis to check my state retirement account or Deferred Compensation accounts and transfer funds to various stock or bond fund accounts?

Answer: Yes. The retirement account as well as the Deferred Compensation package are part of your benefits as a state employee. Accessing them occasionally will not violate the Ethics in Public Service Act.

Top of Page

Top of Page

As a section 4 employee working for a regulatory agency, can I accept and keep promotional items from vendors I contract with at a trade show if I am there as part of my job?

Answer: You may keep promotional items of nominal value, even if from a vendor with whom you contract.

Top of Page

What are some examples of an unsolicited promotional item of nominal value that a section 4 employee can accept from a vendor?

Answer: Items such as pens, note pads, refrigerator magnets and the like.

Top of Page

Can I sell items from my kid’s charitable organization such as Girl Scout cookies and/or school fundraisers that sell candy or magazines in the workplace?

Answer: You may be able to, if it falls within “organizational effectiveness.” That means that the agency head has approved the activity and acknowledges that it relates to an agency’s mission and encompasses activities that enhance or augment the agency’s ability to perform its mission. The Board recognizes that state agencies may allow employees to participate in activities that are not official state duties but promote organizational effectiveness by supporting a collegial work environment.

Top of Page

Can state employees use their computers to listen to internet radio while at work?

Answer: No. To use the internet radio takes up a bandwidth, and goes beyond a de minimis use.

Top of Page

What is the real bottom line when it comes to personal use of state resources?

Answer: So long as the use is brief, infrequent, of little or no cost to the state, is not disruptive, does not support a private business and does not support or oppose candidates or ballot issues, the Board has said that a “de minimis” use of state resources would not violate the ethics law.

Top of Page

What does “occasional”, “brief” and “infrequent” really mean?

Answer: While these terms have not been formally defined, staff has interpreted them to mean just that: the use is no more than once a day and lasts a few minutes, so long as there is no disruption to your work or to the work of others.

Top of Page

I won a door prize at a conference I attended. Can I keep it?

Answer: That depends. Assuming that the door prize was offered to all attendees, then if your attendance at the conference was paid by your agency, the prize belongs to the agency. If you paid your own way to the conference, then you may keep the prize.

Top of Page

Why is it not okay to engage in fund raising activities for people and organizations who really need help?

Answer: The Ethics in Public Service act prohibits using state resources for private gain. While agency heads may deem soliciting for a specific charity is “organizational effectiveness”, it is not possible to support all of our own pet charities.

Top of Page

What are we supposed to do with thank you gifts given to our office by someone who really appreciated our effort?

Answer: State agencies aren’t regulated by the gift statute, so if the gift was truly given to the agency, the ethics law does not apply. However, if the gift was given to an individual, that person may or may not be able to keep it depending on the relationship to the giver (ie: a section 4 relationship.)

Top of Page

What should I do if I see someone violate the law?

Answer: There are several things you can do. First, you can confront the employee and let them know that they are violating the law. You can also notify the employee’s supervisor and let them deal with the situation. You can file a complaint with the state auditor under the Whistleblower Act, and finally, you can file a complaint with the Executive Ethics Board.

Top of Page

Can I reimburse my agency for personal Internet/cell services on my Blackberry?

Answer: Using your Blackberry for personal reasons beyond the de minimis standard is not acceptable. Reimbursement is a mitigating factor, but does not cure the violation.

Top of Page

Employees within an agency are holding an election poll – the person closest wins a pot of money on election day. Is this okay?

Answer: No! Gambling in state offices is illegal.

Top of Page

Can I look at personal email on a break?

Answer: Many agencies block private email sites from access on a state computer. If your agency does not block access, check with them for any policy they may have.

Top of Page

Can I use the internet for personal reasons on a break or lunchtime?

Answer: See the de minimis usage.

Top of Page

May I use the government rate offered by hotels in I am not traveling on business?

Answer: If the rate is offered to all government employees, whether or not they are on official business, then yes. If the hotel requires you to be on official business, then you cannot accept the government rate. To do so would be to use your official position to secure a special privilege.

Top of Page

As a section 4 employee, can I keep flowers from a customer given to me because of a death or sickness in the family?

Answer: You may keep the flowers only if you can establish that you and the customer had a friendship outside of work.

Top of Page

The Red Cross holds a safety fair in our building and as part of their display sells first aid kits. Does this violate the Ethics Law?

Answer: Not necessarily. If other organizations want to come in and hold a similar event, the agency must allow them to do so. Otherwise, a special privilege has been given to the Red Cross.

Top of Page