RCW ch. 42.52 — Revised Code of Washington Chapter 42.52 RCW — Ethics In Public Service

RCW 42.52.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Agency" means any state board, commission, bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch of state government. "Agency" includes all elective offices, the state legislature, those institutions of higher education created and supported by the state government, and those courts that are parts of state government. "Agency" does not include a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930. (2) "Appearance" means the act of performing or participating in an event. (3) "Assist" means to act, or offer or agree to act, in such a way as to help, aid, advise, furnish information to, or otherwise provide assistance to another person, believing that the action is of help, aid, advice, or assistance to the person and with intent so to assist such person. (4) "Beneficial interest" means a financial interest in a contract, sale, lease, purchase, or grant to which an individual subject to the act is not a party, but is an owner of an entity that is a party. An ownership interest of less than 10 percent of an entity is not a beneficial interest. However, an ownership interest in a mutual fund or similar investment pooling fund in which the owner has no management powers does not constitute a beneficial interest in the entities in which the fund or pool invests. [(5)] "Charitable association, institution, or organization" means any entity that provides services beneficial to the public to an open class of people. (6) "Civic organization" means a nonprofit group relating to the duties or activities of people in relation to their town, city, or local area. (7) "Community organization" means an organization aimed at making desired improvements to a community's social health, well-being, and overall functioning. (8) "Compensation" means anything of economic value, however designated, that is paid, loaned, granted, or transferred, or to be paid, loaned, granted, or transferred for, or in consideration of, personal services to any person. (9) "Confidential information" means (a) specific information, rather than generalized knowledge, that is not available to the general public on request or (b) information made confidential by law. (10) "Contract" or "grant" means an agreement between two or more persons that creates an obligation to do or not to do a particular thing. "Contract" or "grant" includes, but is not limited to, an employment contract, a lease, a license, a purchase agreement, or a sales agreement. (11) "Emergency" means a serious, unexpected, and often dangerous situation requiring immediate action. (12) "Ethics boards" means the commission on judicial conduct, the legislative ethics board, and the executive ethics board. (13) "Extraordinary award" means a national, state, or local award with very few recipients that is sufficiently infrequent to be noteworthy to a reasonable person. (14) "Family" has the same meaning as "immediate family" in RCW 29B.10.280. (15) "Federal holiday" means the legal public holidays provided in 5 U.S.C. Sec. 6103(a), as it existed on January 1, 2026. (16) "Head of agency" means the chief executive officer of an agency. In the case of an agency headed by a commission, board, committee, or other body consisting of more than one natural person, agency head means the person or board authorized to appoint agency employees and regulate their conduct. (17) "Honorarium" means money or thing of value offered to a state officer or state employee for a speech, appearance, article, or similar item or activity in connection with the state officer's or state employee's official role. (18) "Institution of higher education" has the same meaning as in RCW 28B.10.016. (19) "Lobbying the legislature" means attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington. (20) "Official duty" means those duties within the specific scope of employment of the state officer or state employee as defined by the officer's or employee's agency or by statute or the state Constitution. (21) "Official position" means holding an office or having authority. (22) "Participate" means to participate in state action or a proceeding personally and substantially as a state officer or state employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or otherwise but does not include preparation, consideration, or enactment of legislation or the performance of legislative duties. (23) "Person" means any individual, partnership, association, corporation, firm, institution, or other entity, whether or not operated for profit. (24) "Regulatory agency" means any state board, commission, department, or officer, except those in the legislative or judicial branches, authorized by law to conduct adjudicative proceedings, issue permits or licenses, or to control or affect interests of identified persons. (25) "Responsibility" in connection with a transaction involving the state, means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or through subordinates, effectively to approve, disapprove, or otherwise direct state action in respect of such transaction. (26) "State action" means any action on the part of an agency, including, but not limited to: (a) A decision, determination, finding, ruling, or order; and (b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order. (27) "State employee" means an individual who is employed by an agency in any branch of state government. For purposes of this chapter, employees of the superior courts are not state officers or state employees. (28) "State officer" means every person holding a position of public trust in or under an executive, legislative, or judicial office of the state. "State officer" includes judges of the superior court, judges of the court of appeals, justices of the supreme court, members of the legislature together with the secretary of the senate and the chief clerk of the house of representatives, holders of elective offices in the executive branch of state government, chief executive officers of state agencies, members of boards, commissions, or committees with authority over one or more state agencies or institutions, and employees of the state who are engaged in supervisory, policy-making, or policy-enforcing work. For the purposes of this chapter, "state officer" also includes any person exercising or undertaking to exercise the powers or functions of a state officer. (29) "Thing of economic value," in addition to its ordinary meaning, includes: (a) A loan, property interest, interest in a contract or other chose in action, and employment or another arrangement involving a right to compensation; (b) An option, irrespective of the conditions to the exercise of the option; and (c) A promise or undertaking for the present or future delivery or procurement. (30)(a) "Transaction involving the state" means a proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that the state officer, state employee, or former state officer or state employee in question believes, or has reason to believe: (i) Is, or will be, the subject of state action; or (ii) Is one to which the state is or will be a party; or (iii) Is one in which the state has a direct and substantial proprietary interest. (b) "Transaction involving the state" does not include the following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by an officer or employee; or a claim, case, lawsuit, or similar matter if the officer or employee did not participate in the underlying transaction involving the state that is the basis for the claim, case, or lawsuit. (31) "University" includes "state universities" and "regional universities" as defined in RCW 28B.10.016 and also includes any research or technology institute affiliated with a university. (32) "University research employee" means a state officer or state employee employed by a university, but only to the extent the state officer or state employee is engaged in research, technology transfer, approved consulting activities related to research and technology transfer, or other incidental activities. [ 2025 c 377 s 2; (2025 c 377 s 1 expired January 1, 2026); 2024 c 164 s 513. Prior: 2022 c 173 s 1; 2022 c 71 s 15; prior: 2011 c 60 s 28; 2005 c 106 s 1; 1998 c 7 s 1; 1996 c 213 s 1; 1994 c 154 s 101.] NOTES: Effective date— RCW 42.52.020 Activities incompatible with public duties. (1) No state officer or state employee may have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officer's or state employee's official duties. (2) This section does not apply to activities conducted by legislative employees authorized under RCW 44.90.110. [ 2024 c 333 s 20; 1996 c 213 s 2; 1994 c 154 s 102.] NOTES: Effective date— RCW 42.52.030 Beneficial interests in transactions. (1) No state officer or state employee, except as provided in subsection (2) of this section, may have a beneficial interest in a contract, sale, lease, purchase, or grant that may be made by, through, or is under the supervision of the officer or employee, in whole or in part, or accept any compensation, gratuity, or reward from any other person who has a beneficial interest in the contract, sale, lease, purchase, or grant. (2) No state officer or state employee may participate in a transaction involving the state in his or her official capacity with a person of which the officer or employee is an officer, agent, employee, or member, or in which the officer or employee owns a beneficial interest, except that an officer or employee of an institution of higher education may serve as an officer, agent, employee, or member, or on the board of directors, board of trustees, advisory board, or committee or review panel for any nonprofit institute, foundation, or fund-raising entity; and may serve as a member of an advisory board, committee, or review panel for a governmental or other nonprofit entity. [ 2025 c 377 s 3; 2005 c 106 s 2; 1996 c 213 s 3; 1994 c 154 s 103.] 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 s 203; 1994 c 154 s 104.] NOTES: Part headings not law— 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 s 292; 1996 c 213 s 4; 1994 c 154 s 105.] 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 s 106.] 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 and employees under the jurisdiction of the legislative ethics board, activities within the scope of employment include but are not limited to duties enumerated in law and activities that have a tangible legislative nexus as described in RCW 42.52.175. (3) 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. [ 2025 c 377 s 4; 2022 c 37 s 1; 2019 c 383 s 1; 1994 c 154 s 107.] RCW 42.52.080 Employment after public service. (1) No former state officer or state employee may, within a period of one year from the date of termination of state employment, accept employment or receive compensation from an employer if: (a) The officer or employee, during the two years immediately preceding termination of state employment, was engaged in the negotiation or administration on behalf of the state or agency of one or more contracts with that employer and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration; (b) Such a contract or contracts have a total value of more than ten thousand dollars; and (c) The duties of the employment with the employer or the activities for which the compensation would be received include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This subsection shall not be construed to prohibit a state officer or state employee from accepting employment with a state employee organization. (2) No person who has served as a state officer or state employee may, within a period of two years following the termination of state employment, have a beneficial interest in a contract or grant that was expressly authorized or funded by specific legislative or executive action in which the former state officer or state employee participated. (3) No former state officer or state employee may accept an offer of employment or receive compensation from an employer if the officer or employee knows or has reason to believe that the offer of employment or compensation was intended, in whole or in part, directly or indirectly, to influence the officer or employee or as compensation or reward for the performance or nonperformance of a duty by the officer or employee during the course of state employment. (4) No former state officer or state employee may accept an offer of employment or receive compensation from an employer if the circumstances would lead a reasonable person to believe the offer has been made, or compensation given, for the purpose of influencing the performance or nonperformance of duties by the officer or employee during the course of state employment. (5) No former state officer or state employee may at any time subsequent to his or her state employment assist another person, whether or not for compensation, in any transaction involving the state in which the former state officer or state employee at any time participated during state employment. This subsection shall not be construed to prohibit any employee or officer of a state employee organization from rendering assistance to state officers or state employees in the course of employee organization business. (6) As used in this section, "employer" means a person as defined in RCW 42.52.010 or any other entity or business that the person owns or in which the person has a controlling interest. For purposes of subsection (1) of this section, the term "employer" does not include a successor organization to the rural development council under chapter 43.31 RCW. [ 2025 c 377 s 5; 1999 c 299 s 3; 1994 c 154 s 108.] 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 an individual 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. [ 2025 c 377 s 6; 1994 c 154 s 109.] 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 s 110; 1969 ex.s. c 234 s 27. Formerly RCW 42.18.270.] 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, 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. [ 2025 c 377 s 7; 1996 c 213 s 5; 1994 c 154 s 111.] RCW 42.52.120 Compensation for outside activities. (1) No state officer or state employee may receive any thing of economic value under any contract or grant outside of his or her official duties. The prohibition in this subsection does not apply where the state officer or state employee has met each of the following conditions: (a) The contract or grant is bona fide and actually performed; (b) The performance or administration of the contract or grant is not within the course of the officer's or employee's official duties, or is not under the officer's or employee's official supervision; (c) The performance of the contract or grant is not prohibited by RCW 42.52.040 or by applicable laws or rules governing outside employment for the officer or employee; (d) The contract or grant is neither performed for nor compensated by any person from whom such officer or employee would be prohibited by RCW 42.52.150(6) from receiving a gift; (e) The contract or grant is not one expressly created or authorized by the officer or employee in his or her official capacity; (f) The contract or grant would not require unauthorized disclosure of confidential information. (2) In addition to satisfying the requirements of subsection (1) of this section, a state officer or state employee may have a beneficial interest in a grant or contract or a series of substantially identical contracts or grants with a state agency only if: (a) The contract or grant is awarded or issued as a result of an open and competitive bidding process in which more than one bid or grant application was received; or (b) The contract or grant is awarded or issued as a result of an open and competitive bidding or selection process in which the officer's or employee's bid or proposal was the only bid or proposal received and the officer or employee has been advised by the appropriate ethics board, before execution of the contract or grant, that the contract or grant would not be in conflict with the proper discharge of the officer's or employee's official duties; or (c) The process for awarding the contract or issuing the grant is not open and competitive, but the officer or employee has been advised by the appropriate ethics board after the contract or grant has been awarded that the contract or grant would not be in conflict with the proper discharge of the officer's or employee's official duties. (3) A state officer or state employee awarded a contract or issued a grant in compliance with subsection (2) of this section shall file the contract or grant with the appropriate ethics board within thirty days after the date of execution; however, if proprietary formulae, designs, drawings, or research are included in the contract or grant, the proprietary formulae, designs, drawings, or research may be deleted from the contract or grant filed with the appropriate ethics board. (4) This section does not prevent a state officer or state employee from receiving compensation contributed from the treasury of the United States, another state, county, or municipality if the compensation is received pursuant to arrangements entered into between such state, county, municipality, or the United States and the officer's or employee's agency. This section does not prohibit a state officer or state employee from serving or performing any duties under an employment contract with a governmental entity. (5) As used in this section, "officer" and "employee" do not include officers and employees who, in accordance with the terms of their employment or appointment, are serving without compensation from the state of Washington or are receiving from the state only reimbursement of expenses incurred or a predetermined allowance for such expenses. [ 2025 c 377 s 8; 1997 c 318 s 1; 1996 c 213 s 6; 1994 c 154 s 112.] 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 s 113.] RCW 42.52.150 Limitations on gifts. (1)(a) Unless the context requires otherwise, the definition of "gift" in this subsection applies throughout this chapter. (b) "Gift" means anything of economic value for which no consideration is given. (c) "Gift" does not include the following: (i) Items from family members or friends where it is clear beyond a reasonable doubt that the gift was not made as part of any design to gain or maintain influence in the agency of which the recipient is an officer or employee; (ii) Items related to the outside business of the recipient that are customary and not related to the recipient's performance of official duties; (iii) Items exchanged among officials and employees at a social event hosted or sponsored by a state officer or state employee for coworkers; (iv) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event; (v) Items a state officer or state employee is authorized by law to accept; (vi) Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event; (vii) Items returned by the recipient to the donor within 30 days of receipt or donated to a charitable organization within 30 days of receipt; (viii) Campaign contributions reported under Title 29B RCW; (ix) Discounts available to an individual as a member of an employee group, occupation, or similar broad-based group; (x) Awards, prizes, scholarships, or other items provided in recognition of academic or scientific achievement; and (xi) Gift cards received by legislative employees in an amount of $25 or less. (2) 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. (3) No state officer or state employee may accept gifts, other than those specified in subsections (4) and (7) of this section, with an aggregate value in excess of $100 from a single source in a calendar year or a single gift from multiple sources with a value in excess of $100. For purposes of this section, "single source" means any person, as defined in RCW 42.52.010, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under subsection (1)(c) of this section. The value of gifts given to an officer's or employee's family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest. (4) Except as provided in subsection (6) of this section, the following items are presumed not to influence under subsection (3) of this section, and may be accepted without regard to the limit established by subsection (3) of this section: (a) Unsolicited flowers, plants, and floral arrangements; (b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads; (c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item; (d) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency; (e) Informational material, publications, or subscriptions related to the recipient's performance of official duties; (f) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties; (g) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for deposit in the legislative international trade account created in RCW 43.15.050; (h) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, solicited on behalf of a national or regional legislative association as defined in RCW 42.52.822(2), the 2006 official conference of the national lieutenant governors' association, the annual conference of the national association of state treasurers, or a host committee, for the purpose of hosting an official conference under the circumstances specified in RCW 42.52.820, section 2, chapter 5, Laws of 2006, RCW 42.52.821, or RCW 42.52.822. Anything solicited or accepted may only be received by the national association or host committee and may not be commingled with any funds or accounts that are the property of any person; (i) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; (j) Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature; (k) Gifts, grants, donations, sponsorships, or contributions from any agency or federal or local government agency or program or private source for the purposes of chapter 28B.156 RCW; and (l) Unsolicited gifts received by legislative employees from a legislator. (5) The presumption in subsection (4) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item. (6) Notwithstanding subsections (4) and (7) of this section, a state officer or state employee of a regulatory agency or of an agency that seeks to acquire goods or services who participates in those regulatory or contractual matters may receive, accept, take, or seek, directly or indirectly, only the following items from a person regulated by the agency or from a person who seeks to provide goods or services to the agency: (a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads; (b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item; (c) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal interest in the eventual use or acquisition of the item by the officer's or employee's agency; (d) Informational material, publications, or subscriptions related to the recipient's performance of official duties; (e) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties; (f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and (g) Those items excluded from the definition of gift in subsection (1)(c) of this section except: (i) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity; (ii) Payments for seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and (iii) Flowers, plants, and floral arrangements. (7) A state officer or state employee may accept gifts in the form of food and beverage on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties. Gifts in the form of food and beverage that exceed $100 on a single occasion shall be reported as provided in Title 29B RCW. [ 2025 c 377 s 10; (2025 c 377 s 9 expired January 1, 2026); 2024 c 164 s 514; 2023 c 91 s 2. Prior: 2015 3rd sp.s. c 20 s 7; 2015 c 45 s 2; 2011 c 60 s 29; 2006 c 5 s 3; 2003 1st sp.s. c 23 s 2; prior: 2003 c 265 s 3; 2003 c 153 s 6; 1998 c 7 s 2; 1994 c 154 s 115.] NOTES: Effective date— 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 employees under the jurisdiction of the legislative ethics board to engage in activities listed under RCW 42.52.822 or 42.52.175. (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 official duties. (5) This section does not apply to activities conducted by legislative employees authorized under RCW 44.90.110. [ 2025 c 377 s 11; 2024 c 333 s 21; 2023 c 91 s 3; 2022 c 37 s 2; 2014 c 28 s 1; 1996 c 213 s 7; 1994 c 154 s 116; 1987 c 426 s 3. Formerly RCW 42.18.217.] NOTES: Effective date— 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 s 117; 1987 c 426 s 5; 1969 ex.s. c 234 s 23. Formerly RCW 42.18.230.] NOTES: *Reviser's note: RCW 42.52.175 Legislative nexus. (1) This section applies to legislators and employees under the jurisdiction of the legislative ethics board. (2) Legislative nexus means activities by legislators and staff having a reasonably objective connection to the legislator's or staff's official duties or to the policy or programmatic prerogatives of the legislature, or the legislative institution. In cases where legislative nexus is required for the use of state resources, activities with a per se tangible legislative nexus also include the following: (a) Communications directly pertaining to any legislative proposal which has been introduced in either chamber of the legislature; and (b) Posting information to an official legislative website or social media account about: (i) Emergencies; (ii) Federal holidays, state holidays recognized under RCW 1.16.050, religious holidays, and generally recognized days or months of note; (iii) Information originally provided or published by other government entities which provide information about government resources; (iv) Achievements, honors, or awards of extraordinary distinction received by a constituent who has granted permission to post about the achievement, honor, or award; (v) A legislator if the information posted has a direct and tangible relationship to a legislative proposal or policy introduced in the legislature; and (vi) Commemorations or celebrations of Washington state historical events, holidays, or persons who are not current legislators. [ 2025 c 377 s 12.] RCW 42.52.180 Use of public resources for political campaigns. (1) No state officer or state 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 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) Subsection (1) of 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; (c)(i) The maintenance of official legislative websites throughout the year, regardless of pending elections. The websites may contain any discretionary material which was also specifically prepared for the legislator in the course of his or her official duties as a legislator, including newsletters and press releases. (ii) The official legislative websites of legislators seeking reelection or election to any office shall not be altered, other than during a special legislative session or to change office contact information, beginning on the first day of the declaration of candidacy filing period specified in RCW 29A.24.050 through the date of certification by the secretary of state of the general election of the election year. As used in this subsection, "legislator" means a legislator who is a "candidate," as defined in RCW 29B.10.090, for any public office. "Legislator" does not include a member of the legislature who has announced their retirement from elected public office and who does not file a declaration of candidacy by the end of the candidacy filing period specified in RCW 29A.24.050. (iii) The website shall not be used for campaign purposes; (d) Activities that are part of the normal and regular conduct of the office or agency; (e) 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; and (f) Activities with a legislative nexus as described under RCW 42.52.175. For the official legislative website of a legislator, this subsection is subject to subsection (2)(c)(ii) of this section. Official legislative websites that are not the official legislative website of a legislator are not subject to subsection (2)(c)(ii) of this section but may not directly or indirectly reference a ballot measure or legislator running for elected office, during the period described in subsection (2)(c)(ii) of this section. (3) As to state officers and employees, this section operates to the exclusion of RCW 29B.45.010. (4) As used in this section, "official legislative website" includes, but is not limited to, a legislator's official legislative social media accounts. [ 2025 c 377 s 14; (2025 c 377 s 13 expired January 1, 2026); 2024 c 164 s 515; 2022 c 37 s 3; 2017 c 7 s 2; 2011 c 60 s 30; 2010 c 185 s 1; 1995 c 397 s 30; 1994 c 154 s 118.] NOTES: Effective date— RCW 42.52.185 Restrictions on mailings by legislators. (1) During the period beginning on the first day of the declaration of candidacy filing period specified in RCW 29A.24.050 in the year of a general election for a state legislator's election to office and continuing through the date of certification of the general election, the legislator may not mail, either by regular mail or email, to a constituent at public expense a letter, newsletter, brochure, or other piece of literature, except for routine legislative correspondence, such as scheduling, and the legislator may, by mail or email, send an individual letter to (a) an individual constituent who has contacted the legislator regarding the subject matter of the letter during the legislator's current term of office; (b) an individual constituent who holds a governmental office with jurisdiction over the subject matter of the letter; or (c) 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: (i) An international or national award such as the Nobel prize or the Pulitzer prize; (ii) a state award such as Washington scholar; (iii) an Eagle Scout award; and (iv) a Medal of Honor. (2) A violation of this section constitutes use of the facilities of a public office for the purpose of assisting a campaign under RCW 42.52.180. (3) The house of representatives and senate shall specifically limit expenditures per member for the total cost of mailings. Those costs include, but are not limited to, production costs, printing costs, and postage costs. The limits imposed under this subsection apply only to the total expenditures on mailings per member and not to any categorical cost within the total. (4) For purposes of this section: (a) "Legislator" means a legislator who is a "candidate," as defined in RCW 29B.10.090, for any public office. "Legislator" does not include a member of the legislature who has announced their retirement from elected public office and who does not file a declaration of candidacy by the end of the candidacy filing period specified in RCW 29A.24.050. (b) Persons residing outside the legislative district represented by the legislator are not considered to be constituents, but students, military personnel, or others temporarily employed outside of the district who normally reside in the district are considered to be constituents. [ 2024 c 164 s 516; 2022 c 37 s 4; 2017 c 7 s 3; 2011 c 60 s 31; 2008 c 39 s 2; 1997 c 320 s 1; 1995 c 397 s 5; 1993 c 2 s 25 (Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.132.] NOTES: Intent— 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 s 1.] 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 s 119.] 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 s 2; 2005 c 106 s 3; 1994 c 154 s 120.] 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, 42.52.150, 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, 42.52.150, 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. [ 2025 c 377 s 15; 2022 c 173 s 3; 2005 c 106 s 4.] 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 s 201.] 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. [ 2025 c 377 s 16; 1994 c 154 s 202.] 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 s 203.] 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 s 205.] RCW 42.52.360 Authority of executive ethics board. (1) The executive ethics board shall enforce this chapter and rules adopted under it with respect to statewide elected officers and all other officers and employees in the executive branch, boards and commissions, and institutions of higher education. (2) The executive ethics board shall enforce this chapter with regard to the activities of institution of higher education faculty and research employees as provided in this subsection. (a) With respect to compliance with RCW 42.52.030, 42.52.110, 42.52.130, * 42.52.140, and 42.52.150, the administrative process for university research employees shall be consistent with and adhere to no less than the current standards in regulations of the United States public health service and the office of the secretary of the department of health and human services in Title 42 C.F.R. Part 50, Subpart F relating to promotion of objectivity in research. (b) With respect to compliance with RCW 42.52.040, 42.52.080, and 42.52.120, the administrative process shall include a comprehensive system for the disclosure, review, and approval of outside work activities by institution of higher education faculty and research employees while assuring that such employees are fulfilling their employment obligations to the institution of higher education. (c) With respect to compliance with RCW 42.52.160, the administrative process shall include reasonable determinations by the institution of higher education of: (i) Acceptable private uses having de minimis costs to the institution of higher education and a method for establishing fair and reasonable reimbursement charges for private uses the costs of which are in excess of de minimis; and (ii) Acceptable private uses having more than de minimis costs to the institution of higher education, but which are performed as part of the faculty or research employee's duties or job requirements. (3) The executive ethics board shall: (a) Develop educational materials and training; (b) Adopt rules and 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; (c) Issue advisory opinions; (d) Investigate, hear, and determine complaints by any person or on its own motion; (e) Impose sanctions including reprimands and monetary penalties; (f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and (g) Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules adopted under it. (4) 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. (5) The board shall not delegate to the board's executive director its authority to issue advisories, advisory letters, or opinions. (6) Except as provided in RCW 42.52.220, the executive ethics board may review and approve agency policies as provided for in this chapter. (7) This section does