WSR 06-20-001
ATTORNEY GENERAL'S OFFICE
[
Filed September 21, 2006,
9:57 a.m.
]
NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINIONWASHINGTON ATTORNEY GENERAL
The Washington attorney general issues formal published
opinions in response to requests by the heads of state
agencies, state legislators, and county prosecuting attorneys.
When it appears that individuals outside the attorney
general's office have information or expertise that will
assist in the preparation of a particular opinion, a summary
of that opinion request will be published in the state
register. If you are interested in commenting on a request
listed in this volume of the register, you should notify the
attorney general's office of your interest by October 25,
2006. This is not the due date by which comments must be
received. However, if you do not notify the attorney
general's office of your interest in commenting on an opinion
request by this date, the opinion may be issued before your
comments have been received. You may notify the attorney
general's office of your intention to comment by calling (360)
664-3027, or by writing to the Solicitor General, Office of
the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100.
When you notify the office of your intention to comment, you
will be provided with a copy of the opinion request in which
you are interested; information about the attorney general's
opinion process; information on how to submit your comments;
and a due date by which your comments must be received to
ensure that they are fully considered. The attorney general's office seeks public input on the
following opinion request(s).
| 06-09-02 |
Request by Robert Petersen |
|
Chair, State Parks and Recreation Commission |
1. Absent an express exemption in RCW 42.52, does the
Ethics in Public Service Act restrict agency employees from
soliciting donations and gifts on behalf of their agency when
there is a separate statute authorizing the agency to accept,
and therefore presumably solicit, donations and gifts? 2. Assuming that State Parks has statutory authority to
solicit donations and gifts and this authority does not
irreconcilably conflict with the Ethics in Public Service Act,
does RCW 42.52.140 (a) restrict agency employees from
soliciting and receiving donations on behalf of State Parks
from current or potential vendors; (b) provide additional
limitations on "section 4" employees subject to RCW 42.52.150(4); (c) include limited law enforcement officers
(e.g., commissioned park rangers) within the meaning of
regulatory employees for the purposes of RCW 42.52.150(4); (d)
impose any other limitations on the agency and its employees
as it relates to soliciting and receiving gifts from the
public?
3. To the extent that there is a separate non-profit
Foundation to receive gifts on behalf of State Parks, do the
answers to either of the questions above limit whether State
Parks may provide the Foundation with assistance through
employee time, goods, and services in exchange for the promise
to provide fund raising services beyond the Foundation's
initial start-up period?
4. Does RCW 42.52.070 prohibit State Parks from promoting
gifts to the Foundation as the primary vehicle for charitable
giving without having to mention other non-profit partners?
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