Title 42 — Title 42 PUBLIC OFFICERS AND AGENCIES
20 chapters · 471 sections in this title.
RCW 42.52.020 Activities incompatible with public duties.
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(1) No state officer or state employee may have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officer's or …
RCW 42.52.030 Beneficial interests in transactions.
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(1) No state officer or state employee, except as provided in subsection (2) of this section, may have a beneficial interest in a contract, sale, lease, purchase, or grant that may be made by, through, or is under the supervision of the officer or employee, in whole or in part, o…
RCW 42.52.040 Assisting in transactions.
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(1) Except in the course of official duties or incident to official duties, no state officer or state employee may assist another person, directly or indirectly, whether or not for compensation, in a transaction involving the state:(a) In which the state officer or state employee…
RCW 42.52.050 Confidential information—Improperly concealed records.
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(1) No state officer or state employee may accept employment or engage in any business or professional activity that the officer or employee might reasonably expect would require or induce him or her to make an unauthorized disclosure of confidential information acquired by the o…
RCW 42.52.060 Testimony of state officers and state employees.
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This chapter does not prevent a state officer or state employee from giving testimony under oath or from making statements required to be made under penalty of perjury or contempt.[ 1994 c 154 s 106.]
RCW 42.52.070 Special privileges and exemptions—Application of section to legislature.
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(1) Except as required to perform duties within the scope of employment, no state officer or state employee may use his or her position to secure special privileges or exemptions for himself or herself, or his or her spouse, child, parents, or other persons.(2) For purposes of th…
RCW 42.52.080 Employment after public service.
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(1) No former state officer or state employee may, within a period of one year from the date of termination of state employment, accept employment or receive compensation from an employer if:(a) The officer or employee, during the two years immediately preceding termination of st…
RCW 42.52.090 Limited assistance by former state officers and employees.
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This chapter shall not be construed to prevent a former state officer or state employee from rendering assistance to others if the assistance is provided without compensation in any form and is limited to one or more of the following:(1) Providing the names, addresses, and teleph…
RCW 42.52.100 Conditions on appearance before state agencies or doing business with the state—Hearing—Judicial review.
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(1) The head of an agency, upon finding that any former state officer or state employee of such agency or any other person has violated any provision of this chapter or rules adopted under it, may, in addition to any other powers the head of such agency may have, bar or impose re…
RCW 42.52.110 Compensation for official duties or nonperformance.
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No state officer or state employee may, directly or indirectly, ask for or give or receive or agree to receive any compensation, gift, reward, or gratuity from a source for performing or omitting or deferring the performance of any official duty, unless otherwise authorized by la…
RCW 42.52.120 Compensation for outside activities.
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(1) No state officer or state employee may receive any thing of economic value under any contract or grant outside of his or her official duties. The prohibition in this subsection does not apply where the state officer or state employee has met each of the following conditions:(…
RCW 42.52.130 Honoraria.
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(1) No state officer or state employee may receive honoraria unless specifically authorized by the agency where they serve as state officer or state employee.(2) An agency may not permit honoraria under the following circumstances:(a) The person offering the honorarium is seeking…
RCW 42.52.150 Limitations on gifts.
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(1)(a) Unless the context requires otherwise, the definition of "gift" in this subsection applies throughout this chapter.(b) "Gift" means anything of economic value for which no consideration is given.(c) "Gift" does not include the following:(i) Items from family members or fri…
RCW 42.52.160 Use of persons, money, or property for private gain.
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(1) No state officer or state employee may employ or use any person, money, or property under the officer's or employee's official control or direction, or in his or her official custody, for the private benefit or gain of the officer, employee, or another.(2) This section does n…
RCW 42.52.170 Giving, paying, loaning, etc., any thing of economic value to state employee.
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No person shall give, pay, loan, transfer, or deliver, directly or indirectly, to any other person any thing of economic value believing or having reason to believe that there exist circumstances making the receipt thereof a violation of RCW 42.52.040, 42.52.110, 42.52.120, * 42.…
RCW 42.52.175 Legislative nexus.
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(1) This section applies to legislators and employees under the jurisdiction of the legislative ethics board.(2) Legislative nexus means activities by legislators and staff having a reasonably objective connection to the legislator's or staff's official duties or to the policy or…
RCW 42.52.180 Use of public resources for political campaigns.
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(1) No state officer or state employee may use or authorize the use of facilities of an agency, directly or indirectly, 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. Knowing acquiescenc…
RCW 42.52.185 Restrictions on mailings by legislators.
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(1) During the period beginning on the first day of the declaration of candidacy filing period specified in RCW 29A.24.050 in the year of a general election for a state legislator's election to office and continuing through the date of certification of the general election, the l…
RCW 42.52.187 Letters of recommendation or congratulations by legislators.
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It is not a violation of this chapter for a legislator to send by mail or email:(1) A letter of recommendation on behalf of an individual constituent if the constituent has requested the letter;(2) A congratulatory letter to an individual constituent who has received an award or …
RCW 42.52.190 Investments.
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(1) Except for permissible investments as defined in this section, no state officer or state employee of any agency responsible for the investment of funds, who acts in a decision-making, advisory, or policy-influencing capacity with respect to investments, may have a direct or i…
RCW 42.52.200 Agency rules.
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(1) Each agency may adopt rules consistent with law, for use within the agency to protect against violations of this chapter.(2) Each agency proposing to adopt rules under this section shall forward the rules to the appropriate ethics board before they may take effect. The board …
RCW 42.52.220 Universities and state board for community and technical colleges—Administrative processes.
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(1) Consistent with the state policy to encourage basic and applied scientific research by the state's research universities as stated in RCW 28B.140.005, and consistent with the expectations of university faculty to produce, publish, and disseminate research and scholarship, eac…
RCW 42.52.310 Legislative ethics board.
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(1) The legislative ethics board is created, composed of nine members, selected as follows:(a) Two senators, one from each of the two largest caucuses, appointed by the president of the senate;(b) Two members of the house of representatives, one from each of the two largest caucu…
RCW 42.52.320 Authority of legislative ethics board.
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(1) The legislative ethics board shall enforce this chapter and rules adopted under it with respect to members and employees of the legislature.(2) The legislative ethics board shall:(a) Develop educational materials and training with regard to legislative ethics for legislators …
RCW 42.52.330 Interpretation.
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By constitutional design, the legislature consists of citizen-legislators who bring to bear on the legislative process their individual experience and expertise. The provisions of this chapter shall be interpreted in light of this constitutional principle.[ 1994 c 154 s 203.]
RCW 42.52.350 Executive ethics board.
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(1) The executive ethics board is created, composed of five members, appointed by the governor as follows:(a) One member shall be a classified service employee as defined in chapter 41.06 RCW;(b) One member shall be a state officer or state employee in an exempt position;(c) One …
RCW 42.52.360 Authority of executive ethics board.
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(1) The executive ethics board shall enforce this chapter and rules adopted under it with respect to statewide elected officers and all other officers and employees in the executive branch, boards and commissions, and institutions of higher education.(2) The executive ethics boar…
RCW 42.52.365 Executive branch agencies—Ethics advisors—Ethics training.
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(1) Each executive branch agency shall designate an ethics advisor or advisors to assist the agency's employees in understanding their obligations under the ethics in public service act. Agencies shall inform the executive ethics board of their designated advisors. As funding per…
RCW 42.52.370 Authority of commission on judicial conduct.
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The commission on judicial conduct shall enforce this chapter and rules adopted under it with respect to state officers and employees of the judicial branch and may do so according to procedures prescribed in Article IV, section 31 of the state Constitution. In addition to the sa…
RCW 42.52.380 Political activities of board members.
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(1) No member of the executive ethics board may (a) hold or campaign for partisan elective office other than the position of precinct committeeperson, or any full-time nonpartisan office; (b) be an officer of any political party or political committee as defined in chapter 42.17A…
RCW 42.52.390 Hearing and subpoena authority.
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Except as otherwise provided by law, the ethics boards may hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of a person under oath, and in connection therewith, to require the production for examination of any books or papers relati…
RCW 42.52.400 Enforcement of subpoena authority.
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In case of refusal to obey a subpoena issued to a person, the superior court of a county within the jurisdiction of which the investigation, proceeding, or hearing under this chapter is carried on or within the jurisdiction of which the person refusing to obey is found or resides…
RCW 42.52.410 Filing complaint—Whistleblower protection—Penalty for reprisal or retaliation.
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(1) A person may, personally or by his or her attorney, make, sign, and file with the appropriate ethics board a complaint on a form provided by the appropriate ethics board. The complaint shall state the name of the person alleged to have violated this chapter or rules adopted u…
RCW 42.52.420 Investigation.
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(1) After the filing of any complaint, except as provided in RCW 42.52.450, the staff of the appropriate ethics board shall investigate the complaint. The ethics board may request the assistance of the office of the attorney general or a contract investigator in conducting its in…
RCW 42.52.425 Dismissal of complaint.
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(1) Based on the investigation conducted under RCW 42.52.420 or 42.52.450, and subject to rules issued by each board, the board or the staff of the appropriate ethics board may issue an order of dismissal based on any of the following findings:(a) Any violation that may have occu…
RCW 42.52.430 Public hearing—Findings.
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(1) If the ethics board determines there is reasonable cause under RCW 42.52.420 that a violation of this chapter or rules adopted under it occurred, a public hearing on the merits of the complaint shall be held.(2) The ethics board shall designate the location of the hearing. Th…
RCW 42.52.440 Review of order.
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Except as otherwise provided by law, reconsideration or judicial review of an ethics board's order that a violation of this chapter or rules adopted under it has occurred shall be governed by the provisions of chapter 34.05 RCW applicable to review of adjudicative proceedings.[ 1…
RCW 42.52.450 Complaint against legislator or statewide elected official.
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(1) If a complaint alleges a violation of RCW 42.52.180 by a legislator or statewide elected official other than the attorney general, the attorney general shall, if requested by the appropriate ethics board, conduct the investigation under RCW 42.52.420 and recommend action.(2) …
RCW 42.52.460 Citizen actions.
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Any person who has notified the appropriate ethics board and the attorney general in writing that there is reason to believe that RCW 42.52.180 is being or has been violated may, in the name of the state, bring a citizen action for any of the actions authorized under this chapter…
RCW 42.52.470 Referral for enforcement.
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As appropriate, an ethics board may refer a complaint:(1) To an agency for initial investigation and proposed resolution which shall be referred back to the appropriate ethics board for action; or(2) To the attorney general's office or prosecutor for appropriate action.[ 1994 c 1…
RCW 42.52.480 Action by boards.
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(1) Except as otherwise provided by law, an ethics board may order payment of the following amounts if it finds a violation of this chapter or rules adopted under it after a hearing under RCW 42.52.370 or other applicable law:(a) Any damages sustained by the state that are caused…
RCW 42.52.490 Action by attorney general.
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(1) Upon a written determination by the attorney general that the action of an ethics board was clearly erroneous or if requested by an ethics board, the attorney general may bring a civil action in the superior court of the county in which the violation is alleged to have occurr…
RCW 42.52.500 Optional hearings by administrative law judge.
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If an ethics board finds that there is reasonable cause to believe that a violation has occurred, the board shall consider the possibility of the alleged violator having to pay a total amount of penalty and costs of more than five hundred dollars. Based on such consideration, the…
RCW 42.52.510 Rescission of state action.
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(1) The attorney general may, on request of the governor or the appropriate agency, and in addition to other available rights of rescission, bring an action in the superior court of Thurston county to cancel or rescind state action taken by a state officer or state employee, with…
RCW 42.52.520 Disciplinary action.
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(1) A violation of this chapter or rules adopted under it is grounds for disciplinary action.(2) The procedures for any such action shall correspond to those applicable for disciplinary action for employee misconduct generally; for those state officers and state employees not spe…
RCW 42.52.530 Additional investigative authority.
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In addition to other authority under this chapter, the attorney general may investigate persons not under the jurisdiction of an ethics board whom the attorney general has reason to believe were involved in transactions in violation of this chapter or rules adopted under it.[ 199…
RCW 42.52.540 Limitations period.
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Any action taken under this chapter must be commenced within five years from the date of the violation. However, if it is shown that the violation was not discovered because of concealment by the person charged, then the action must be commenced within two years from the date the…
RCW 42.52.550 Compensation of ethics boards.
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The citizen members of the legislative ethics board and the members of the executive ethics board shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislator members of the legislative ethics board sh…
RCW 42.52.560 Communications from an employee organization or charitable organization—Distribution by state employee.
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(1) Nothing in this chapter prohibits a state employee from distributing communications from an employee organization or charitable organization to other state employees if the communications do not support or oppose a ballot proposition or candidate for federal, state, or local …
RCW 42.52.570 Private business activity policy—Department of fish and wildlife—Parks and recreation commission.
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(1) The department of fish and wildlife and the parks and recreation commission may approve private business activity in state-owned housing provided under Title 77 RCW or chapter 79A.05 RCW.(2) Prior to granting approval of private business activity in state-owned housing, the d…