HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No.  HB 1001

Changing ethics in public service positions

Brief Title                             Hearing Date:  1/20/99

Reps. Constantine and Pennington          Staff:  Steve Lundin

Sponsor(s)                          State Government Committee

                                              Phone:  786-7127

BACKGROUND:

(1) Ethics law for state officers and employees.

An ethics in public service law precludes state officers and employees from having interests in matters that conflict with the discharge of their official duties or from accepting most gifts from persons other than family members or persons with whom independent business, family, or social relationships exist.

Three separate bodies exist to enforce these laws, one for each separate branch of state government.  The commission on judicial conduct enforces these laws and rules it adopts with respect to state officers and employees of the judicial branch of state government.  A nine-member legislative ethics board is created with authority over legislative officers and employees.  A five-member executive ethics board is created with authority over executive officers and employees.

Each of these three ethics boards hears complaints that are filed alleging that an officer or employee under its jurisdiction has violated these ethics laws.  The staff of an ethics board investigates the complaint and reduces its investigation to writing.  The ethics board determines whether reasonable cause exists that a violation has occurred and holds a public hearing on the merits is held if it determines that reasonable cause exists.

After the public hearing, an ethics board may dismiss the complaint or enter an order finding that a violation has occurred.  If a violation is found to have occurred, the ethics board may order payment of damages that the state sustained, impose civil fines, and order that costs be paid.  In addition, the legislative ethics board and executive ethics board may recommend the officer or employee be removed from that position, suspended, or prosecuted.

2. Prohibition on use of public facilities for campaign purposes.

Separate laws exist precluding local government facilities and state government facilities from being used, directly or indirectly, to assist a campaign to elect a person to office or to promote or oppose a ballot proposition.  Several exceptions are provided, including the use of such facilities as part of the normal and regular duties of the office or agency.

SUMMARY:

(1) Potential dismissal of a complaint.

Staff of each of the three state ethics boards is authorized to determine if a complaint should be dismissed or may recommend to the ethics board that there is or is not reasonable cause to believe that a violation of the ethics laws has occurred.  A complaint may be dismissed by staff only upon a finding that: (a) The alleged violation is not within the board=s jurisdiction; (b) the complaint is obviously unfounded or frivolous; or (c) the violation is not a material violation because it was inadvertent and minor, or has been cured, and further proceedings will not serve the purposes of the provision granting staff the authority to make this determination.

A complainant may request the board to review staff dismissal of a complaint.  The board shall affirm the staff dismissal, direct further investigations to be conducted by staff, or may determine that there is reasonable cause to believe a violation has occurred.

(2) Restrictions on the outside employment of a state officer or official.

It is clarified that a state officer or employee may serve or perform duties as an officer or employee of more than one governmental entity if this employment does not conflict with the general prohibition on having financial interests that conflict with official duties.

(3) Prohibition on the use of public facilities for campaign purposes.

The prohibition using state or local public facilities for campaign purposes, apart from the normal and regular conduct of the office or agency, applies to the appointment of a person to a vacancy in an elective office.

An initiative to the legislature is not considered to be a ballot proposition, for purposes of prohibitions on using public facilities for campaign purposes, during the period commencing on the first day after the close of the time to gather signatures (10 days before the legislative session) and ending on the earlier of the last day of the legislative session or the day the legislature takes final action on the initiative.

FISCAL NOTE: Not requested

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.