[atlas:bill]

AN ACT Relating to ethics in educational service; amending RCW 42.52.160 and 42.52.180; and adding new sections to chapter 42.52 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 42.52.160 and 1996 c 213 s 7 are each amended to read as follows:

(1) No state officer ((or)), state employee, or certificated educational 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 not prohibit the use of public resources to benefit others as part of a state officer's ((or)), state employee's, or certificated educational employee's official duties.

(3) The appropriate ethics boards may adopt rules providing exceptions to this section for occasional use of the state officer ((or)), state employee, or certificated educational employee, of de minimis cost and value, if the activity does not result in interference with the proper performance of public duties.

Sec. 2. RCW 42.52.180 and 1995 c 397 s 30 are each amended to read as follows:

(1) No state officer ((or)), state employee, or certificated educational 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 acquiescence by a person with authority to direct, control, or influence the actions of the state officer ((or)), state employee, or certificated educational employee using public resources in violation of this section constitutes a violation of this section. Facilities of an agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working hours, vehicles, office space, publications of the agency, and clientele lists of persons served by the agency.

(2) This section shall not apply to the following activities:

(a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition as long as (i) required notice of the meeting includes the title and number of the ballot proposition, and (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

(b) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. For the purposes of this subsection, it is not a violation of this section for an elected official to respond to an inquiry regarding a ballot proposition, to make incidental remarks concerning a ballot proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable expenditure of public funds. The ethics boards shall adopt by rule a definition of measurable expenditure;

(d) De minimis use of public facilities by statewide elected officials and legislators incidental to the preparation or delivery of permissible communications, including written and verbal communications initiated by them of their views on ballot propositions that foreseeably may affect a matter that falls within their constitutional or statutory responsibilities.

(3) As to state officers ((~~and~~)), state employees, and certificated educational employees, this section operates to the exclusion of RCW 42.17.130.

NEW SECTION. Sec. 3. A new section is added to chapter 42.52 RCW to read as follows:

(1) The teachers' ethics board is created, composed of seven members, as follows:

(a) The superintendent of public instruction, or the superintendent's designee;

(b) Three practicing teachers, appointed by the superintendent of public instruction after consulting with one or more officers within recognized professional associations regarding possible appointments; and

(2) Except for initial members and members completing partial terms, members shall serve a single five-year term.

(3) Except for the term of the superintendent of public instruction or the superintendent's designee, terms of initial board members shall be staggered.

(4) A vacancy on the board shall be filled in the same manner as the original appointment.

(5) Each member shall serve for the term of his or her appointment and until his or her successor is appointed.

(6) The members shall annually select a chair from among themselves.

(7) Members of the board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(8) Staff shall be provided by the office of the attorney general.

NEW SECTION. Sec. 4. A new section is added to chapter 42.52 RCW to read as follows:

(1) The teachers' ethics board shall:

(a) Investigate violations of RCW 42.52.160 and 42.52.180 with regard to certificated educational employees and report the results of the investigation to the superintendent of public instruction and the state board of education;

(b) Investigate, hear, and determine complaints by any person or on its own motion;

(c) Recommend suspension or removal of a certificated educational employee to the office of the superintendent of public instruction; and

(d) Develop educational materials and training with regard to ethics for certificated educational employees.

(2) The teachers' ethics board may:

(a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation by the board or involved in any hearing;

(b) Administer oaths and affirmations;

(d) Receive evidence.