Ethics Principles May 2003-1

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    Welcome to Ethics Traini

    The reputation of a thousandyears is determined by theconduct of one hour.

    Japanese proverb

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    Training Objective

    Clear Understanding of the Ethicsin Public Service ct

    Update on !ecent !ules Changes

    !esources for "uestions

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    Ethics

    The embodiment of those valuesthat the person or organi#ationfeels are important$% and spell ourproper conduct and appropriate

    action.

    - Merriam

    Webster

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    Ethical Choices

    &hat you 'nd is that the tough

    ethical choices are not bet(eengood and evil% but rather bet(eent(o goods)

    Truth versus LoyaltyIndividual versus Community

    Short-term versus Long-term

    Justice versus Mercy

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    Ethical Principals

    *b+ectivity Sel,essness

    Ste(ardship

    Transparency

    -ntegrity

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    Objectivity

    Public employees must place the

    publics interest before anyprivate interest or outsideobligation / choices need tomade on the merits.

    RCW 42.52.020, Activities incompatiblewith public duties

    RCW 42.52.00, !inancial interests in

    transactions

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    Conflict of Interest

    con,ict of interest occurs (hen you

    have a private interest that maybene't from your actions% or (hen aprivate interest could interfere (itho0cial duties

    n interest need not be 'nancialtocreate a con,ict of interest

    1ost con,icts result from the e2erciseof discretionary authority

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    Dilemma

    3ou are a health inspector (ith apartnership interest in a localrestaurant% and are assigned toperform an inspection of this samerestaurant.

    Can you conduct the inspectionWhat actions should you tae

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    Dilemma

    state employee serves on the boardof directors for a non/pro'torgani#ation. The non/pro't bids ona contract from the employeesagency. The employee serves on therevie( panel that (ill select the

    successful contractor.

    Can the employee serve on therevie" panel even though there is

    no personal bene#t

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    Dilemma

    3ou enforce business licensere"uirements. 3ou discover that alocal business% (ith (ith you havea private legal dispute% is overduein paying its ta2es.

    What "ould you do

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    Selflessness

    Public employees should not ma4e

    decisions in order to gain 'nancialor other bene'ts for themselves%their family% or their friends.

    RCW 42.52.0#0, $pecial privile"es

    RCW 42.52.%40, &i'ts

    RCW 42.52.%50, (imitations on "i'ts

    RCW 42.52.0)0, *mplo+ment a'ter public

    service

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    Use of State Position

    state o0cer or employee maynot use his or her state position tosecure special privileges or togrant e2emptions to bene't

    himself% herself% family members%or other persons.

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    Gifts

    5eneral rules

    Those items that are not gifts Those items that are gifts% but not

    sub+ect to the 678 limitation $ebuttable presumption these do not

    in%uence The only items that may be accepted by

    employees (ho contract or regulate

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    Post-state Employment Former state officers or employees may not benefit

    from state employment

    Contract restriction

    Beneficial interest restriction

    Offers of employment

    Prohibition against participating in previous statetransactions

    Situations are fact-specific

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    Dilemma

    3ou receive a pla"ue and a 6988 chec4

    from the -nstitute of 5overnment:inancial 1anagers for your manycontributions to the 'eld.

    Can you accept the pla&ue and thechec

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    Dilemma

    3ou supervise a contract (ith ;C

    udits. ;C is sponsoring a regionalconference and tells you that if youattend% ;C (ill (aive your conferencefees.

    Can you accept the "aiver o'con'erence 'ees

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    Dilemma

    3ou are a professor for a state university orcommunity college and a publisher sends

    you a te2tboo4 7.

    -s this activity a violation of the Ethics inPublic Service ct?

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    Textboos

    On September 12, 2003, the Executive Ethics Boardissued Advisory Opinion 03-0 that prohibits se!!in"textboo#s $or persona! pro%t& 'here are severa! options$or disposin" o$ textboo#s in !ieu o$ se!!in" them&

    State supported institutions o$ hi"her education may(ant to consider adoptin" po!icies or procedures thatassist $acu!ty members in exercisin" these options& )orexamp!e, $acu!ty may dispose o$ textboo#s and otherpub!ications by "ivin" them to the institution, to acharity or educationa! $oundation, or in accordance (itha"ency surp!us property procedures&

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    Ethical !abits

    long habit of not thin4ing athing(rong gives it the super'cialappearance of being right.

    (Thomas )aine

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    Ste"ar#ship

    Public employees have a duty toconserve public resources and fundsagainst misuse and abuse.

    RCW 42.52.0#0, $pecial privile"es

    RCW 42.52.%0, se o' persons, mone+, orpropert+ 'or private "ain

    RCW 42.52.%)0, se o' public resources 'orpolitical campai"ns

    WAC 22-%%0-0%0

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    $%estions to &s 'o%rself&ill my use of state resources result in

    added costs or any other disadvantage to thestate?

    m - using this resource in order to avoidpersonal e2pense?

    m - con'dent that my use of stateresources (ill not compromise the security or

    integrity of state information or soft(are?

    re state resources being used forpurposes that could be embarrassing for myagency if reported publicly?

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    The Use (ones

    Public employees have a duty toconserve public resources and fundsagainst misuse and abuse.

    *reen +one/ 1cial uties

    3ellow one/ ersonal se nder(imited Circumstances

    Red one/ rohibited ses

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    The Green(one

    An+ se that is Reasonabl+ Related to3our 1cial uties

    Combined !und Campai"n

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    The 'ello"(one

    ersonal se 6 nder (imited

    Circumstances$eallyde minimise2ceptions

    'here is !itt!e or no cost to the state*'here is no inter$erence (ith the per$ormance o$

    o+cia! duties*'he use is brie$ in duration and $reuency*'he use does not distract $rom the conduct o$

    state business*and'he use does not disrupt other state emp!oyees

    and does not ob!i"ate them to ma#e a persona!

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    The )e#(one

    )rohibited ,ses

    *utside business interestsCommercial uses-llegal or unprofessional activities

    Political activities% including lobbying

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    Dilemma

    3ou send emails to your friends home

    computer from your state computerregarding personal plans for the(ee4end.

    Is this appropriate ste"ardship o'state resources

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    Dilemma

    3ou ran across an article in T-1Emaga#ine that you (ant to share (ith

    friends and ma4e several copies usingthe o0ces copier.

    Is this appropriate ste"ardship o'state resources

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    Dilemma

    3ou send an email to your senatoropposing the con'rmation of a nominee

    for federal o0ce.

    Is this appropriate ste"ardship o'state resources

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    Dilemma

    3our supervisor approves the use of astate

    computer to do course (or4 for a classthat

    (ill enhance your s4ills.

    Is this appropriate ste"ardship o'state resources

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    Dilemma

    3ou send a brief email or ma4e a brief%local call to chec4 on your 4ids.

    Is this appropriate ste"ardship o'state resources

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    Dilemma

    3ou access the -nternet during a lunch

    brea4 to chec4 on your stoc4 portfolioand transfer assets to a di@erent fund.

    Is this appropriate ste"ardship o'

    state resources

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    perfect value consists in

    doing (ithout (itness all that(e could have done in front ofthe entire (orld

    - obel Laureate *abriela Mistral

    $%ote

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    Transparency

    Public employees must practice

    open and accountablegovernment. They should be asopen as possible about theirdecisions and actions% and

    protect truly con'dentialinformation.

    RCW 42.52.050, Con7dential in'ormation

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    Confi#ential Information

    Standards that protect con'dential

    information)

    .utside employment/ business/ orpro'essional activities

    0isclosure 'or personal gain or bene#t 0isclosure to unauthori1ed person

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    P%blic )ecor#s

    Standards for disclosure)

    May not intentionally act to conceal arecord i' under a personal obligationto release the record2

    May apply to e-mail communications

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    Integrity

    Employees in public serviceshould not place themselvesunder any 'nancial or otherobligation to outside individualsor organi#ations that might

    in,uence them in the performanceof their duties.

    RCW 42.52.020, Activities incompatible with publicduties

    RCW 42.52.%%0, Compensation 'or o1cial duties or

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    !onoraria

    Aonorarium de'ned

    gency approval re"uired 1ay not be approved if donor)

    Is e3pected to see contractual relations

    Is regulated by the agency

    Is reasonably e3pected to see or opposeadoption o' rules or policy changes by youragency

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    O%tsi#e Compensation

    &or4 must be bona 'de and actually performedB and%

    ot related to a contract or grant you superviseB Comply (ith agency policies on outside employmentB

    ot be compensated by anyone you contract (ith orregulateB

    ot related to a contract or grant you authori#eB

    Cannot involve the disclosure of con'dentialinformation.

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    $%ote

    -f $ you cant be a good e2ample%then youll +ust have to be a horrible(arning.

    - Catherine 4ird

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    Exec%tive Ethics *oar#

    -nterprets and enforces the ethics

    la( -ssues advisory opinions

    !evie(s agency ethics policies

    -nvestigates and hears complaints

    -mposes sanctions for violations 0isciplinary action also may be

    taen by the agency

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    Complaint Stat%s

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    Goo# People - *a# Choices

    88>= / D of Cases involving sanction -n >889 / F7G of cases involved sanctions Civil Penalties 69>F%D88 / 69FDF average Suspended 6HD9 average

    -nvestigative Costs 6H9%9>7 / 6HI>average

    gency !estitution 69I%7>J

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    Goo# People - *a# ChoicesGoo# People - *a# Choices

    Keadlines or performance goals

    Lac4 of resources% human or other(ise Pressures to produce and get the +ob done The action is not really illegal or unethical

    The action is in the individuals or

    organi#ations best interests The action (ill never be discovered :ear of authority

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    *riefly

    0aily decisions "ill guide us in

    crisis

    5alues can be instilled

    Subordinates see standardsChoice is o'ten bet"een t"o6goods7

    6.nly a leader o' courageous ethical

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    Interventions

    Establish (or4place e2pectations

    ;rief common ethical problems Publici#e note(orthy role models

    !outinely raise potential ethics issues

    !evie( commitment to ethics annually

    ttend to the ethical treatment ofothers