Memorandum to the Governor’s Executive Cabinet Regarding WAC 292-110-010
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MEMORANDUM
April 18, 2002
TO: Governor’s Executive Cabinet
Other Interested Agencies
FROM: Brian R. Malarky, Executive Director
SUBJECT: Amended WAC 292-110-010, Use of State Resources
After almost a year of drafting and public hearings, the Executive Ethics Board has adopted an ammended rule relating to the use of state resources. The new rule is effective April 19, 2002. The Board recognizes that there may be questions about the rule and how it will affect state officers and employees. This memorandum explains the intent and purposes of the new rule.
Goals
In response to comments from state officers and employees, the Board sought to achieve the following goals in adopting the new rule:
· Establish uniform guidelines for permissible, limited, and prohibited uses regardless of the type of state resource;
· Clarify existing permitted and prohibited uses;
· Incorporate guidance from Board advisory opinions and rules issued since the last rule amendment; and
· Move the examples provided in the rule into a separate document that is based on a Board issued advisory opinion.
Based on comments from state officers and employees at a November 2001 public hearing, the Board also reexamined the previous prohibition on all personal use of state provided Internet access.
Permitted Use and Permitted Use under Limited Circumstances
The new rule clearly provides that a use of state resources, which is reasonably related to the conduct of official business, is always permitted. In addition, the new rule notes that the personal use state resources is permitted under limited circumstances. Limited circumstances or “de minimis” use is defined as a use that:
· results in little or no cost to the state;
· does not interfere with the performance of official duties;
· is brief in duration and frequency;
· does not distract from the conduct of state business;
· does not disrupt other state employees and does not obligate them to make a personal use of state resources; and
· does not compromise the security or integrity of state information or software.
Prohibited Uses
The new rule defines a prohibited use as any use related to the conduct of an outside business; a use for the purposes of supporting, promoting, or soliciting for any outside organization or group unless provided for by law or authorized by an agency head or designee; a campaign or political use, including lobbying; and an illegal or inappropriate activity. In addition, the Board retained its prohibition against removing state equipment for personal use.
State Computers and Internet
The new rule allows personal use of state provided Internet access under specific circumstances. Personal Internet use must conform to permissible use standards and may not be related to activities listed as prohibited uses. In addition, the rule provides that a state officer or employee may use state computers and other equipment to access the Internet only if the officer’s or employee’s agency has adopted a policy governing Internet access that is consistent with the Board’s permissible and prohibited use standards.
Agency Discretion
An agency may authorize the personal use of state resources if the use improves organizational effectiveness. Organizational effectiveness by definition relates to an agency’s mission and encompasses activities that enhance or augment the agency’s ability to perform its mission. While these activities often involve an accumulated use of state time or resources that is more than “de minimis”, the Board believes that so long as the employees who participate in the activity limit their individual use of state resources, these activities would not undermine public confidence in state government.
Agency heads or their designees must authorize any use that is for the purposes of supporting, promoting, or soliciting for an outside organization or group unless provided for by law. The intent of this requirement was to establish responsibility for use of state resources for activities or solicitations other than the Combined Fund Drive.
Conclusion
Attached to the new rule is a separate frequently asked questions and examples (FAQ) advisory opinion. The Board encourages agencies to broadly distribute the new rule and the FAQ opinion together. If you have any questions about the new rule, please contact us at (360) 586-3265.