This rule implementing the Ethics in Public Service Act,
chapter 42.52 RCW, applies to the board.
(1) The following definitions apply to this
section:
(a) "Beneficial interest" has the
meaning ascribed to it under the Washington case law.
(b) "Gift" means anything of economic value
for which no consideration is given.
(c) "Transaction involving the board" means a
proceeding, application, submission, request for a ruling or other
determination, contract, claim, case, or other similar matter that the board
member in question believes, or has reason to believe:
(i) Is, or will be, the subject of board
action; or
(ii) Is one to which the
board is or will be a party; or
(iii) Is one in which the board has a direct
and substantial proprietary interest.
(d) "Transaction involving the board" does
not include the following:
(i) Preparation,
consideration, or enactment of legislation, including appropriation of moneys
in a budget, or the performance of legislative duties by a board member;
or
(ii) A claim, case, lawsuit, or
similar matter if the board member did not participate in the underlying
transaction involving the board that is the basis for the claim, case, or
lawsuit.
Rule making is not a transaction involving the board.
(e) "Board action"
means any action on the part of the board, including, but not limited to:
(i) A decision, determination, finding,
ruling, order; or
(ii) A grant,
payment, award, license, contract, transaction, sanction, approval, or the
denial thereof, or failure to act with respect to a decision, determination,
finding, ruling, or order.
(f) "Recusal" involves the following actions:
(i) Recuse himself or herself from
discussions by the board regarding the related action(s);
(ii) Recuse himself or herself from any vote
by the board on the related action(s); and
(iii) Refrain from attempting to influence
any other member in any discussion or vote regarding the related
action(s).
(2) No board member may accept honoraria
under the circumstances set forth in
RCW
42.52.130. Board members may receive
honoraria if all of the following are met:
(a)
The board member will not be carrying out their board duties nor engaging in
activity which focuses specifically on the board's responsibilities, policies
or programs;
(b) The honorarium is
not being offered because of the board member's official position on the
board;
(c) The topic is such that
it does not appear that the board member could have used information acquired
in the course of membership on the board;
(d) The honorarium is not being offered by a
person or entity which does business with or can reasonably be expected to seek
business with the board; and
(e) No
use of government time or resources was used by the board member to produce the
materials or prepare for the article, appearance, or item for which the
honorarium is being given.
(3) "Gifts":
(a) No board member shall receive or solicit,
directly or indirectly, any gift if it could be reasonably perceived that the
gift would influence the vote, action, or judgment of the board member, or be
perceived as part of a reward for action or inaction.
(b) Notwithstanding the exceptions specified
in RCW
42.52.150(2) and (5), a
board member may receive only the items specifically listed in
RCW
42.52.150(4) from a person
regulated by the board or from a person who seeks to provide goods or services
to the board.
(4) If a
board member receives or solicits gifts prohibited in subsection (3) of this
section, the board member is in violation of the Ethics in Public Service Act
and shall return the gift or donate it to charity within thirty days. In
addition, the board member shall recuse himself or herself in accordance with
subsection (1)(f) of this section.
(5) Board members shall recuse themselves in
compliance with subsection (1)(f) of this section when the following
circumstances apply or it is reasonably foreseeable that they will apply:
(a) The member is beneficially interested,
directly or indirectly, in a contract, sale, lease, purchase, or grant that may
be made by, through, or under the supervision of the board in whole or in part;
or
(b) The member accepts, directly
or indirectly, any compensation, gratuity or reward from any other person
beneficially interested in a contract, sale, lease, purchase, or grant that may
be made by, through, or under the supervision of the board, in whole or in
part; or
(c) The member either owns
a beneficial interest in, or is an officer, agent, employee, or member of, an
entity which is engaged in a transaction involving the board.
(6) Under subsection (5)(b) of
this section, "any other person" has a beneficial interest in a contract, sale,
lease, purchase, or grant when the other person bids or otherwise seeks to be
awarded the contract, sale, lease, purchase, or grant.
(7) The circumstances contained in subsection
(5) of this section do not limit the member from using his or her general
expertise to educate and provide general information on the subject area to
other board members.
(8) If recusal
occurs pursuant to chapter 42.52 RCW, or rules adopted pursuant to that law or
this chapter, the board member must disclose to the public the reasons for his
or her recusal from any board action whenever recusal occurs. The board staff
must record each such recusal and basis for the recusal.
EXAMPLE: The board includes members appointed by the governor
who are employed in the private sector. Board members are appointed because
they have general knowledge of forestry and are often recommended by interest
groups, such as the timber industry and environmental organizations. A board
member is employed by a company that provides economic analysis. The board is
in the process of selecting a contractor to provide small business economic
impact statements for several proposed rules. The company that employs the
board member has bid for the contract. The board member may use his or her
general expertise to educate the other board members about the requirements for
a good small business economic impact statement. However, the board member is
prohibited from participating in the board discussion establishing criteria for
selecting a contractor and is prohibited from participating in the vote to
select a contractor. The board member would publicly announce his or her
recusal and the reasons for it, and the board staff would record this
information as part of the public record.
(9) No board member shall divulge state
agency or board information or proprietary information in the board's
possession, whether labeled confidential or not, to any unauthorized person or
in advance of the time prescribed for its authorized issuance, or otherwise
make use of, or permit others to make use of, information not available to the
general public.
(10) No board
member shall use his or her position with the board, or use board facilities,
equipment, or supplies to obtain or attempt to obtain private gain or
advantage, either for themselves or for other persons.
(11) No board member shall use his or her
position with the board, or use board facilities, equipment, or supplies to
assist another in a transaction involving the board, or use his or her
influence over the board to obtain or attempt to obtain gain or advantage for
the person or entity seeking to transact business with the board.
(12) No board member shall accept employment
that will adversely affect the performance of that member's official duties,
discredit the board, or result in a conflict of interest.
