WSR 18-09-080
PERMANENT RULES
EXECUTIVE ETHICS BOARD
[Filed April 17, 2018, 12:44 p.m., effective May 18, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The proposed rule corrects typographical errors without changing the effect of the rule.
Citation of Rules Affected by this Order: Amending WAC 292-120-035.
Statutory Authority for Adoption: RCW 42.52.360.
Adopted under notice filed as WSR 18-03-095 on January 17, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: April 17, 2018.
Ruthann Bryant
Administrative Officer
AMENDATORY SECTION (Amending WSR 02-04-003, filed 1/23/02, effective 2/23/02)
WAC 292-120-035 Safe harbor provision.
The board invites and encourages agencies to adopt ((polices)) policies that prevent agency employees from violating the Ethics in Public Service Act. Pursuant to RCW 42.52.360(((4))) (6), the board may review and approve agency policies. In determining appropriate sanctions, the board may consider agency policies in effect at the time of the conduct. In addition:
(1) The board will not impose sanctions for conduct that would violate the Ethics in Public Service Act, if the conduct at issue was permitted under a board-approved agency policy, as provided for in RCW 42.52.360(((4))) (6), prior to the conduct occurring.
(2) The effect of the safe harbor from sanction, as provided in WAC 292-120-035(1), shall be limited to conduct that conforms to a board-approved agency policy.