WAC 292-110-010
Use of state resources. (1) Statement
of principles - stewardship. The proper stewardship of state
resources, including funds, facilities, tools, property, and
employees and their time, is a responsibility that all state
officers and employees share. Accordingly, state employees
may not use state resources for personal benefit or gain or
for the benefit or gain of other individuals or outside
organizations. Responsibility and accountability for the
appropriate use of state resources ultimately rests with the
individual state officer or state employee, or with the state
officer or state employee who authorizes such use. State
officers and employees should ensure that any personal use of
state resources permitted by this section is the most
efficient in terms of overall time and resources.
(2) The following are permitted uses:
(a) Use of state resources that is reasonably related to
the conduct of official state duties, or which is otherwise
allowed by statute.
(b) An agency head or designee may authorize a use of
state resources that is related to an official state purpose,
but not directly related to an individual employee's official
duty.
(c) An agency may authorize a specific use that promotes
organizational effectiveness or enhances the job-related
skills of a state officer or state employee.
(d) A state officer or employee may make an occasional
but limited personal use of state resources only if each of
the following conditions are met:
(i) There is little or no cost to the state;
(ii) Any use is brief;
(iii) Any use occurs infrequently;
(iv) The use does not interfere with the performance of
any officer's or employee's official duties; and
(v) The use does not compromise the security or integrity
of state property, information, or software.
(3) Permitted use of computers, electronic mail, the
internet, and other technologies. A state officer or employee
may use equipment such as the telephone, the internet, and
electronic mail provided such use conforms to ethical
standards under subsection (2) of this section, and the use is
not otherwise prohibited under subsection (5) of this section.
(4) No expectation of privacy. Technologies such as
electronic mail, facsimile transmissions, the internet, and
voice mail may create an electronic record. This is what
separates these from other forms of communication such as a
telephone conversation. The ethics rules do not distinguish
between the various forms of communication. Electronic
records are reproducible and therefore cannot be considered
private. Such records may be subject to disclosure under the
Public Records Act, or may be disclosed for audit or
legitimate state operational or management purposes.
(5) Prohibited uses.
(a) Any use for the purpose of conducting an outside
business, private employment, or other activities conducted
for private financial gain;
(b) Any use for the purpose of supporting, promoting the
interests of, or soliciting for an outside organization or
group, including, but not limited to, a private business, or a
political party, or supporting, promoting the interests of, or
soliciting for a nonprofit organization unless provided for by
law or authorized by an agency head or designee;
(c) Any use for the purpose of assisting a campaign for
election of a person to an office or for the promotion of or
opposition to a ballot proposition. Such a use of state
resources is specifically prohibited by RCW 42.52.180, subject
to the exceptions in RCW 42.52.180(2);
(d) Any use for the purpose of participating in or
assisting in an effort to lobby the state legislature, or a
state agency head. Such a use of state resources is
specifically prohibited by RCW 42.17.190, subject to the
exceptions in RCW 42.17.190(3);
(e) Any use related to conduct that is prohibited by a
federal or state law or rule, or a state agency policy; and
(f) Any private use of any state property that has been
removed from state facilities or other official duty stations,
even if there is no cost to the state.
(6) Reimbursement for personal use. Establishing a
system for reimbursement for private or personal use of state
resources undermines the purpose of the Ethics in Public
Service Act and imposes significant administrative burdens on
state agencies. However, the board recognizes that in some
limited situations, such as officers or employees working at
remote locations, a system of reimbursement may be
appropriate. Any system of reimbursement must be established
by the agency in advance, and must result in little or no cost
to the state, including administrative costs. To be permitted
under this section, the board must approve any reimbursement
system implemented by an agency.
(7) Agency policies encouraged. State agencies are
encouraged to adopt policies applying these principles to
their unique circumstances. Agency policies that are approved
by the board qualify for "safe harbor" under WAC 292-120-035. Nothing in this section is intended to limit the ability of an
agency to adopt policies that are more restrictive. However,
violation of a more restrictive agency policy by itself will
not constitute a violation of RCW 42.52.160, even if it would
constitute a violation of agency policy.
(8) Frequently asked questions and examples. The board
maintains a list of frequently asked questions and examples
that provide additional guidance regarding this section. State officers and employees are encouraged to review this
document at the board's web site www.ethics.wa.gov or to
request a copy of the document through the board's office.
Washington State Executive Ethics Board
P.O. Box 40149
Olympia, WA 98504-0149
Or by electronic mail at: ethics@atg.wa.gov
[Statutory Authority: RCW 42.52.360 (2)(b). 09-16-046, §
292-110-010, filed 7/28/09, effective 8/28/09. Statutory
Authority: RCW 42.52.360 (2)(b), 42.52.160(3). 02-07-074, §
292-110-010, filed 3/18/02, effective 4/18/02; 98-08-054, §
292-110-010, filed 3/27/98, effective 4/27/98. Statutory
Authority: RCW 42.52.160(3). 96-01-036, § 292-110-010, filed
12/13/95, effective 1/13/96.]