reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.040 - Assisting in transactions.

RCW 42.52.040
Assisting in transactions.
(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 has at any time participated; or
(b) If the transaction involving the state is or has been under the official responsibility of the state officer or state employee within a period of two years preceding such assistance.
(2) No state officer or state employee may share in compensation received by another for assistance that the officer or employee is prohibited from providing under subsection (1) or (3) of this section.
(3) A business entity of which a state officer or state employee is a partner, managing officer, or employee shall not assist another person in a transaction involving the state if the state officer or state employee is prohibited from doing so by subsection (1) of this section.
(4) This chapter does not prevent a state officer or state employee from assisting, in a transaction involving the state:
(a) The state officer's or state employee's parent, spouse or domestic partner, or child, or a child thereof for whom the officer or employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary, if the state officer or state employee did not participate in the transaction; or
(b) Another state employee involved in disciplinary or other personnel administration proceedings.
[ 2008 c 6 § 203; 1994 c 154 § 104.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.050 - Confidential information—Improperly concealed records.

RCW 42.52.050
Confidential information—Improperly concealed records.
(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 official or employee by reason of the official's or employee's official position.
(2) No state officer or state employee may make a disclosure of confidential information gained by reason of the officer's or employee's official position or otherwise use the information for his or her personal gain or benefit or the gain or benefit of another, unless the disclosure has been authorized by statute or by the terms of a contract involving (a) the state officer's or state employee's agency and (b) the person or persons who have authority to waive the confidentiality of the information.
(3) No state officer or state employee may disclose confidential information to any person not entitled or authorized to receive the information.
(4) No state officer or state employee may intentionally conceal a record if the officer or employee knew the record was required to be released under chapter 42.56 RCW, was under a personal obligation to release the record, and failed to do so. This subsection does not apply where the decision to withhold the record was made in good faith.
[ 2005 c 274 § 292; 1996 c 213 § 4; 1994 c 154 § 105.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.060 - Testimony of state officers and state employees.

RCW 42.52.060
Testimony of state officers and state employees.
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 § 106.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.070 - Special privileges and exemptions—Application of section to legislature.

RCW 42.52.070
Special privileges and exemptions—Application of section to legislature.
(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 this section, and only as applied to legislators, activities within the scope of employment include but are not limited to duties enumerated in law and activities that have a tangible legislative nexus. Activities with a legislative nexus include but are not limited to:
(a) Communications directly pertaining to any legislative proposal which has been introduced in either chamber of the legislature; and
(b) Posting information to a legislator's official legislative website, including an official legislative social media account, about:
(i) Emergencies;
(ii) Federal holidays, state and legislatively recognized holidays established under RCW 1.16.050, and religious holidays;
(iii) Information originally provided or published by other government entities which provide information about government resources; and
(iv) Achievements, honors, or awards of extraordinary distinction.
(3) It is not a violation of this section for a legislator or an appropriate legislative staff designee to engage in activities listed in subsection (2) of this section.
(4) For purposes of this section, and only as applied to legislators and employees of the legislative branch, "special privileges" includes, but is not limited to, engaging in behavior that constitutes harassment. As used in this section:
(a) "Harassment" means engaging in physical, verbal, visual, or psychological conduct that:
(i) Has the purpose or effect of interfering with the person's work performance;
(ii) Creates a hostile, intimidating, or offensive work environment; or
(iii) Constitutes sexual harassment.
(b) "Sexual harassment" means unwelcome or unwanted sexual advances, requests for sexual or romantic favors, sexually motivated bullying, or other verbal, visual, physical, or psychological conduct or communication of a sexual or romantic nature, when:
(i) Submission to the conduct or communication is either explicitly or implicitly a term or condition of current or future employment;
(ii) Submission to or rejection of the conduct or communication is used as the basis of an employment decision affecting the person; or
(iii) The conduct or communication unreasonably interferes with the person's job performance or creates a work environment that is hostile, intimidating, or offensive.
[ 2022 c 37 § 1; 2019 c 383 § 1; 1994 c 154 § 107.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.090 - Limited assistance by former state officers and employees.

RCW 42.52.090
Limited assistance by former state officers and employees.
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 telephone numbers of state agencies or state employees;
(2) Providing free transportation to another for the purpose of conducting business with a state agency;
(3) Assisting a natural person or nonprofit corporation in obtaining or completing application forms or other forms required by a state agency for the conduct of a state business; or
(4) Providing assistance to the poor and infirm.
[ 1994 c 154 § 109.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.100 - Conditions on appearance before state agencies or doing business with the state—Hearing—Judicial review.

RCW 42.52.100
Conditions on appearance before state agencies or doing business with the state—Hearing—Judicial review.
(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 reasonable conditions upon:
(a) The appearance before such agency of such former state officer or state employee or other person; and
(b) The conduct of, or negotiation or competition for, business with such agency by such former state officer or state employee or other person, such period of time as may reasonably be necessary or appropriate to effectuate the purposes of this chapter.
(2) Findings of violations referred to in subsection (1)(b) of this section shall be made on record after notice and hearing, conducted in accordance with the Washington Administrative Procedure Act, chapter 34.05 RCW. Such findings and orders are subject to judicial review.
(3) This section does not apply to the legislative or judicial branches of government.
[ 1994 c 154 § 110; 1969 ex.s. c 234 § 27. Formerly RCW 42.18.270.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.110 - Compensation for official duties or nonperformance.

RCW 42.52.110
Compensation for official duties or nonperformance.
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 law except: (1) The state of Washington; or (2) in the case of officers or employees of institutions of higher education or of the *Spokane intercollegiate research and technology institute, a governmental entity, an agency or instrumentality of a governmental entity, or a nonprofit corporation organized for the benefit and support of the state employee's agency or other state agencies pursuant to an agreement with the state employee's agency.
[ 1996 c 213 § 5; 1994 c 154 § 111.]
NOTES:
*Reviser's note: The Spokane intercollegiate research and technology institute was abolished by 2011 1st sp.s. c 14 § 17.
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.130 - Honoraria.

RCW 42.52.130
Honoraria.
(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 or is reasonably expected to seek contractual relations with or a grant from the employer of the state officer or state employee, and the officer or employee is in a position to participate in the terms or the award of the contract or grant;
(b) The person offering the honorarium is regulated by the employer of the state officer or state employee and the officer or employee is in a position to participate in the regulation; or
(c) The person offering the honorarium (i) is seeking or opposing or is reasonably likely to seek or oppose enactment of legislation or adoption of administrative rules or actions, or policy changes by the state officer's or state employee's agency; and (ii) the officer or employee may participate in the enactment or adoption.
[ 1994 c 154 § 113.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.140 - Gifts.

RCW 42.52.140
Gifts.
No state officer or state employee may receive, accept, take, seek, or solicit, directly or indirectly, any thing of economic value as a gift, gratuity, or favor from a person if it could be reasonably expected that the gift, gratuity, or favor would influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction.
[ 1994 c 154 § 114.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.160 - Use of persons, money, or property for private gain.

RCW 42.52.160
Use of persons, money, or property for private gain.
(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 not prohibit the use of public resources to benefit others as part of a state officer's or state employee's official duties. It is not a violation of this section for a legislator or an appropriate legislative staff designee to engage in activities listed under RCW 42.52.070(2) or 42.52.822.
(3) This section does not prohibit de minimis use of state facilities to provide employees with information about (a) medical, surgical, and hospital care; (b) life insurance or accident and health disability insurance; or (c) individual retirement accounts, by any person, firm, or corporation administering such program as part of authorized payroll deductions pursuant to RCW 41.04.020.
(4) The appropriate ethics boards may adopt rules providing exceptions to this section for occasional use of the state officer or state employee, of de minimis cost and value, if the activity does not result in interference with the proper performance of public duties.
[ 2023 c 91 § 3; 2022 c 37 § 2; 2014 c 28 § 1; 1996 c 213 § 7; 1994 c 154 § 116; 1987 c 426 § 3. Formerly RCW 42.18.217.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.170 - Giving, paying, loaning, etc., any thing of economic value to state employee.

RCW 42.52.170
Giving, paying, loaning, etc., any thing of economic value to state employee.
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, 42.52.140, or 42.52.150.
[ 1994 c 154 § 117; 1987 c 426 § 5; 1969 ex.s. c 234 § 23. Formerly RCW 42.18.230.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.187 - Letters of recommendation or congratulations by legislators.

RCW 42.52.187
Letters of recommendation or congratulations by legislators.
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 honor of extraordinary distinction of a type that is sufficiently infrequent to be noteworthy to a reasonable person including, but not limited to: (a) An international or national award such as the Nobel prize or the Pulitzer prize; (b) a state award such as Washington scholar; (c) an Eagle Scout award; or (d) a Medal of Honor; or
(3) Except when under a mailing restriction as provided in RCW 42.52.185, a congratulatory letter to an individual constituent who has received an honor or award if the individual or a third party on the individual's behalf has requested the letter.
[ 2023 c 226 § 1.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.190 - Investments.

RCW 42.52.190
Investments.
(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 indirect interest in any property, security, equity, or debt instrument of a person, without prior written approval of the agency.
(2) Agencies responsible for the investment of funds shall adopt policies governing approval of investments and establishing criteria to be considered in the approval process. Criteria shall include the relationship between the proposed investment and investments held or under consideration by the state, the size and timing of the proposed investment, access by the state officer or state employee to nonpublic information relative to the proposed investment, and the availability of the investment in the public market. Agencies responsible for the investment of funds also shall adopt policies consistent with this chapter governing use by their officers and employees of financial information acquired by virtue of their state positions. A violation of such policies adopted to implement this subsection shall constitute a violation of this chapter.
(3) As used in this section, "permissible investments" means any mutual fund, deposit account, certificate of deposit, or money market fund maintained with a bank, broker, or other financial institution, a security publicly traded in an organized market if the interest in the security at acquisition is ten thousand dollars or less, or an interest in real estate, except if the real estate interest is in or with a party in whom the agency holds an investment.
[ 1994 c 154 § 119.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.200 - Agency rules.

RCW 42.52.200
Agency rules.
(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 may submit comments to the agency regarding the proposed rules.
(3) This section applies to institutions of higher education only to the extent their activities are not subject to RCW 42.52.220.
[ 2022 c 173 § 2; 2005 c 106 § 3; 1994 c 154 § 120.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.220 - Universities and state board for community and technical colleges—Administrative processes.

RCW 42.52.220
Universities and state board for community and technical colleges—Administrative processes.
(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, each university and the state board for community and technical colleges may develop, adopt, and implement one or more written administrative processes that shall apply in place of the obligations imposed on institutions of higher education, faculty, and university research employees under RCW 42.52.030, 42.52.040, 42.52.080, 42.52.110, 42.52.120, 42.52.130, 42.52.140, 42.52.150, and 42.52.160. The institutions of higher education shall coordinate on the development of administrative processes to ensure the processes are comparable. Each policy shall apply upon approval by boards of trustees or regents for the state universities, regional universities, and The Evergreen State College, or by the state board for community and technical colleges. Each board of trustees or regents and the state board for community and technical colleges must provide the executive ethics board with a copy of each institution's policy upon approval. A faculty member or university research employee in compliance with the processes authorized in this section shall be deemed to be in compliance with RCW 42.52.030, 42.52.040, 42.52.080, 42.52.110, 42.52.120, 42.52.130, 42.52.140, 42.52.150, and 42.52.160.
(2) The executive ethics board shall enforce activity subject to the written approval processes under this section, as provided in RCW 42.52.360.
[ 2022 c 173 § 3; 2005 c 106 § 4.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.310 - Legislative ethics board.

RCW 42.52.310
Legislative ethics board.
(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 caucuses, appointed by the speaker of the house of representatives;
(c) Five citizen members:
(i) One citizen member chosen by the governor from a list of three individuals submitted by each of the four legislative caucuses; and
(ii) One citizen member selected by three of the four other citizen members of the legislative ethics board.
(2) Except for initial members and members completing partial terms, nonlegislative members shall serve a single five-year term.
(3) No more than three of the public members may be identified with the same political party.
(4) Terms of initial nonlegislative board members shall be staggered as follows: One member shall be appointed to a one-year term; one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; one member shall be appointed to a four-year term; and one member shall be appointed for a five-year term.
(5) A vacancy on the board shall be filled in the same manner as the original appointment.
(6) Legislative members shall serve two-year terms, from January 31st of an odd-numbered year until January 31st of the next odd-numbered year.
(7) Each member shall serve for the term of his or her appointment and until his or her successor is appointed.
(8) The citizen members shall annually select a chair from among themselves.
[ 1994 c 154 § 201.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.320 - Authority of legislative ethics board.

RCW 42.52.320
Authority of legislative ethics board.
(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 and legislative employees;
(b) Issue advisory opinions;
(c) Adopt rules or policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of RCW 42.52.180 and where otherwise authorized under chapter 154, Laws of 1994;
(d) Investigate, hear, and determine complaints by any person or on its own motion;
(e) Impose sanctions including reprimands and monetary penalties;
(f) Recommend suspension or removal to the appropriate legislative entity, or recommend prosecution to the appropriate authority; and
(g) Establish criteria regarding the levels of civil penalties appropriate for different types of violations of this chapter and rules adopted under it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(4) Subject to RCW 42.52.540, the board has jurisdiction over any alleged violation that occurred before January 1, 1995, and that was within the jurisdiction of any of the boards established under *chapter 44.60 RCW. The board's jurisdiction with respect to any such alleged violation shall be based on the statutes and rules in effect at [the] time of the violation.
[ 1994 c 154 § 202.]
NOTES:
*Reviser's note: Chapter 44.60 RCW was repealed by 1994 c 154 § 304, effective January 1, 1995.
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.330 - Interpretation.

RCW 42.52.330
Interpretation.
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 § 203.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.340 - Transfer of jurisdiction.

RCW 42.52.340
Transfer of jurisdiction.
On January 1, 1995, any complaints or other matters under investigation or consideration by the boards of legislative ethics in the house of representatives and the senate operating pursuant to *chapter 44.60 RCW shall be transferred to the legislative ethics board created by RCW 42.52.310. All files, including but not limited to minutes of meetings, investigative files, records of proceedings, exhibits, and expense records, shall be transferred to the legislative ethics board created in RCW 42.52.310 pursuant to their direction and the legislative ethics board created in RCW 42.52.310 shall assume full jurisdiction over all pending complaints, investigations, and proceedings.
[ 1994 c 154 § 204.]
NOTES:
*Reviser's note: Chapter 44.60 RCW was repealed by 1994 c 154 § 304, effective January 1, 1995.
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.350 - Executive ethics board.

RCW 42.52.350
Executive ethics board.
(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 member shall be a citizen selected from a list of three names submitted by the attorney general;
(d) One member shall be a citizen selected from a list of three names submitted by the state auditor; and
(e) One member shall be a citizen selected at large by the governor.
(2) Except for initial members and members completing partial terms, members shall serve a single five-year term.
(3) No more than three members may be identified with the same political party.
(4) Terms of initial board members shall be staggered as follows: One member shall be appointed to a one-year term; one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; one member shall be appointed to a four-year term; and one member shall be appointed to a five-year term.
(5) A vacancy on the board shall be filled in the same manner as the original appointment.
(6) Each member shall serve for the term of his or her appointment and until his or her successor is appointed.
(7) The members shall annually select a chair from among themselves.
(8) Staff shall be provided by the office of the attorney general.
[ 1994 c 154 § 205.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.365 - Executive branch agencies—Ethics advisors—Ethics training.

RCW 42.52.365
Executive branch agencies—Ethics advisors—Ethics training.
(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 permits and as determined by the executive ethics board and the agency head, the advisors shall receive regular ethics training.
(2) Executive branch officers and employees are encouraged to attend ethics training offered by the executive ethics board at least once every thirty-six months.
[ 2013 c 190 § 6.]
NOTES:
Finding—2013 c 190: See note following RCW 42.52.410.
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.370 - Authority of commission on judicial conduct.

RCW 42.52.370
Authority of commission on judicial conduct.
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 sanctions authorized in Article IV, section 31 of the state Constitution, the commission may impose sanctions authorized by this chapter.
[ 1994 c 154 § 207.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.380 - Political activities of board members.

RCW 42.52.380
Political activities of board members.
(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 other than the position of precinct committeeperson; (c) permit his or her name to be used, or make contributions, in support of or in opposition to any state candidate or state ballot measure; or (d) lobby or control, direct, or assist a lobbyist except that such member may appear before any committee of the legislature on matters pertaining to this chapter.
(2) No citizen member of the legislative 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, other than the position of precinct committeeperson; (c) permit his or her name to be used, or make contributions, in support of or in opposition to any legislative candidate, any legislative caucus campaign committee that supports or opposes legislative candidates, or any political action committee that supports or opposes legislative candidates; or (d) engage in lobbying in the legislative branch under circumstances not exempt, under RCW 42.17A.610, from lobbyist registration and reporting.
(3) No citizen member of the legislative ethics board may hold or campaign for a seat in the state house of representatives or the state senate within two years of serving on the board if the citizen member opposes an incumbent who has been the respondent in a complaint before the board.
[ 2011 c 60 § 32; 1997 c 11 § 1; 1994 c 154 § 208.]
NOTES:
Effective date—2011 c 60: See RCW 42.17A.919.
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.390 - Hearing and subpoena authority.

RCW 42.52.390
Hearing and subpoena authority.
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 relating to any matter under investigation or in question before the ethics board. The ethics board may make rules as to the issuance of subpoenas by individual members, as to service of complaints, decisions, orders, recommendations, and other process or papers of the ethics board.
[ 1994 c 154 § 209.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.400 - Enforcement of subpoena authority.

RCW 42.52.400
Enforcement of subpoena authority.
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 or transacts business, upon application by the appropriate ethics board shall have jurisdiction to issue to the person an order requiring the person to appear before the ethics board or its member to produce evidence if so ordered, or to give testimony touching the matter under investigation or in question. Failure to obey such order of the court may be punished by the court as contempt.
[ 1994 c 154 § 210.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.410 - Filing complaint—Whistleblower protection—Penalty for reprisal or retaliation.

RCW 42.52.410
Filing complaint—Whistleblower protection—Penalty for reprisal or retaliation.
(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 under it and the particulars thereof, and contain such other information as may be required by the appropriate ethics board.
(2) If it has reason to believe that any person has been engaged or is engaging in a violation of this chapter or rules adopted under it, an ethics board may issue a complaint.
(3)(a) A state employee who files a complaint with the appropriate ethics board shall be afforded the protection afforded to a whistleblower under RCW 42.40.050 and 49.60.210(2), subject to the limitations of RCW 42.40.035 and 42.40.910. An agency, manager, or supervisor may not retaliate against a state employee who, after making a reasonable attempt to ascertain the correctness of the information furnished, files a complaint with the appropriate ethics board.
(b) A state employee may not be denied the protections in chapter 42.40 RCW even if the ethics board denies an investigation of the complaint.
(4) If a determination is made that a reprisal or retaliatory action has been taken against the state employee, the retaliator may be subject to a civil penalty of up to five thousand dollars.
[ 2013 c 190 § 2; 1994 c 154 § 211.]
NOTES:
Finding—2013 c 190: "The legislature finds that ensuring public trust in government is a priority. The public expects its elected officials and state employees to adhere to the highest ethical standards during their service, and this includes a commitment to full and independent investigations, with proper penalties, in cases where the ethics in public service act is violated." [ 2013 c 190 § 1.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.420 - Investigation.

RCW 42.52.420
Investigation.
(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 investigation.
(2) The results of the investigation shall be reduced to writing and the staff shall either make a determination that the complaint should be dismissed pursuant to RCW 42.52.425, or recommend to the board that there is or that there is not reasonable cause to believe that a violation of this chapter or rules adopted under it has been or is being committed.
(3) The board's determination on reasonable cause shall be provided to the complainant and to the person named in such complaint.
(4) The identity of a person filing a complaint under RCW 42.52.410(1) is exempt from public disclosure, as provided in RCW 42.56.240.
[ 2013 c 190 § 4; 2000 c 211 § 1; 1994 c 154 § 212.]
NOTES:
Finding—2013 c 190: See note following RCW 42.52.410.
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.425 - Dismissal of complaint.

RCW 42.52.425
Dismissal of complaint.
(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 occurred is not within the jurisdiction of the board;
(b) The complaint is obviously unfounded or frivolous; or
(c) Any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and, after consideration of all of the circumstances, further proceedings would not serve the purposes of this chapter.
(2) Written notice of the determination under subsection (1) of this section shall be provided to the complainant, respondent, and the board. The written notice to the complainant shall include a statement of the complainant's right to appeal to the board under subsection (3) of this section if the dismissal order was issued by staff.
(3) In the event that a complaint is dismissed by staff under this section, the complainant may request that the board review the action. Following review, the board shall:
(a) Affirm the staff dismissal;
(b) Direct the staff to conduct further investigation; or
(c) Issue a determination that there is reasonable cause to believe that a violation has been or is being committed.
(4) The board's decision under subsection (3) of this section shall be reduced to writing and provided to the complainant and the respondent.
[ 2005 c 116 § 1; 2000 c 211 § 2.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.430 - Public hearing—Findings.

RCW 42.52.430
Public hearing—Findings.
(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. The case in support of the complaint shall be presented at the hearing by staff of the ethics board.
(3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The respondent has the right to cross-examine witnesses.
(4) Testimony taken at the hearing shall be under oath and recorded.
(5) If, based upon a preponderance of the evidence, the ethics board finds that the respondent has violated this chapter or rules adopted under it, the board shall file an order stating findings of fact and enforcement action as authorized under this chapter.
(6) If, upon all the evidence, the ethics board finds that the respondent has not engaged in an alleged violation of this chapter or rules adopted under it, the ethics board shall state findings of fact and shall similarly issue and file an order dismissing the complaint.
(7) If the board makes a determination that there is not reasonable cause to believe that a violation has been or is being committed or has made a finding under subsection (6) of this section, the attorney general shall represent the officer or employee in any action subsequently commenced based on the alleged facts in the complaint.
[ 1994 c 154 § 213.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.440 - Review of order.

RCW 42.52.440
Review of order.
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.
[ 1994 c 154 § 214.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.450 - Complaint against legislator or statewide elected official.

RCW 42.52.450
Complaint against legislator or statewide elected official.
(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) If a complaint alleges a violation of RCW 42.52.180 by the attorney general, the state auditor shall conduct the investigation under RCW 42.52.420 and recommend action to the appropriate ethics board.
[ 2005 c 116 § 2; 1994 c 154 § 215.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.460 - Citizen actions.

RCW 42.52.460
Citizen actions.
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. A citizen action may be brought only if the appropriate ethics board or the attorney general have failed to commence an action under this chapter within forty-five days after notice from the person, the person has thereafter notified the appropriate ethics board and the attorney general that the person will commence a citizen's action within ten days upon their failure to commence an action, and the appropriate ethics board and the attorney general have in fact failed to bring an action within ten days of receipt of the second notice. An action is deemed to have been commenced when the appropriate ethics board or the board's executive director accepts a complaint for filing and initiates a preliminary investigation.
If the person who brings the citizen's action prevails, the judgment awarded shall escheat to the state, but the person shall be entitled to be reimbursed by the state of Washington for costs and attorneys' fees incurred. If a citizen's action that the court finds was brought without reasonable cause is dismissed, the court may order the person commencing the action to pay all costs of trial and reasonable attorneys' fees incurred by the defendant.
Upon commencement of a citizen action under this section, at the request of a state officer or state employee who is a defendant, the office of the attorney general shall represent the defendant if the attorney general finds that the defendant's conduct complied with this chapter and was within the scope of employment.
[ 2013 c 190 § 5; 1994 c 154 § 216.]
NOTES:
Finding—2013 c 190: See note following RCW 42.52.410.
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.470 - Referral for enforcement.

RCW 42.52.470
Referral for enforcement.
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 154 § 217.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.480 - Action by boards.

RCW 42.52.480
Action by boards.
(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 by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five thousand dollars per violation or three times the economic value of any thing received or sought in violation of this chapter or rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative costs, which shall be included as part of the limit under (b) of this subsection. The costs may not exceed the penalty imposed. The payment owed on the penalty shall be reduced by the amount of the costs paid.
(2) Damages under this section may be enforced in the same manner as a judgment in a civil case.
[ 1994 c 154 § 218.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.490 - Action by attorney general.

RCW 42.52.490
Action by attorney general.
(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 occurred against a state officer, state employee, former state officer, former state employee, or other person who has violated or knowingly assisted another person in violating any of the provisions of this chapter or the rules adopted under it. In such action the attorney general may recover the following amounts on behalf of the state of Washington:
(a) Any damages sustained by the state that are caused by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five thousand dollars per violation or three times the economic value of any thing received or sought in violation of this chapter or the rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative costs, which shall be included as part of the limit under (b) of this subsection. The costs may not exceed the penalty imposed. The payment owed on the penalty shall be reduced by the amount of the costs paid.
(2) In any civil action brought by the attorney general upon the basis that the attorney general has determined that the board's action was clearly erroneous, the court shall not proceed with the action unless the attorney general has first shown, and the court has found, that the action of the board was clearly erroneous.
[ 1994 c 154 § 219.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.500 - Optional hearings by administrative law judge.

RCW 42.52.500
Optional hearings by administrative law judge.
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 board may give the person who is the subject of the complaint the option to have an administrative law judge conduct the hearing and rule on procedural and evidentiary matters. The board may also, on its own initiative, provide for retaining an administrative law judge. An ethics board may not require total payment of more than five hundred dollars in penalty and costs in any case where an administrative law judge is not used and the board did not give such option to the person who is the subject of the complaint.
[ 1994 c 154 § 220.]
2023 Revised Code of Washington › Title 42 - Public Officers and Agencies › Chapter 42.52 - Ethics in Public Service. › 42.52.510 - Rescission of state action.

RCW 42.52.510
Rescission of state action.
(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, without liability to the state of Washington, contractual or otherwise, if the governor or ethics board has reason to believe that: (a) A violation of this chapter or rules adopted under it has substantially influenced the state action, and (b) the interest of the state requires the cancellation or rescission. The governor may suspend state action pending the determination of the merits of the controversy under this section. The court may permit persons affected by the governor's actions to post an adequate bond pending such resolution to ensure compliance by the defendant with the final judgment, decree, or other order of the court.
(2) This section does not limit other available remedies.
[ 1994 c 154 § 221.]