Ethics Board rules
Read the rules for legislative ethics and the Legislative Ethics Board's procedures.
Preface
- Rule Number 1. Procedures
- A. Meetings
- B. Filing of Complaints
- C. Investigation of Complaints
- D. Staff Dismissal of Complaints
- E. Review of Staff Dismissal Order
- F. Determination of Reasonable Cause
- G. Stipulation and Settlement
- H. Notice of Hearing and Respondent’s Answer
- I. Conduct of Hearings
- J. Prehearing Conferences
- K. Final Order in Complaints
- L. Procedures Applicable to Advisory Opinions
- M. Procedures Applicable to Informal Advice
- N. Designated Ethics Advisers
- Rule Number 2. "Measurable Expenditure" Defined
- Rule Number 3. Private Use of Public Resources
- Rule Number 4. Working Hours
- Rule Number 5. Infrequent Meals
- Rule Number 6. Penalties
- Rule Number 7. Harassment
- Rule Number 8. Board Procedures
- A. Circulation of minutes
- B. Recording votes
- C. Advisory Opinion circulation procedures
- D. Complaint Opinion circulation procedures
- E. Circulation of Dissents/Concurrences (Separate Opinion) in Complaint Opinions
- F. Review of contracts, grants, and employment situations with state agencies
- G. Meetings conducted by electronic means
- H. Complaint Process
- I. Recusal
Rule Number 2. "Measurable Expenditure" Defined
A. Authority for Rule.
RCW 42.52.180(2)(b) directs the ethics boards to define "measurable expenditure
of public funds" in the context of a prohibition on the use of public facilities for
campaign purposes.
B. Explanatory Note.
The rulemaking directive is limited to subsection (b). In order to fully understand
the prohibitions and exceptions contained in this section, refer to the board
advisory opinions, especially Advisory Opinion 1995- No. 18.
C. Text of Rule.
For purposes of RCW 42.52.180(2)(b), "measurable expenditure" has very limited
application. The purpose of the measurable expenditure provision is to make it
clear that the exception for statements made at open press conferences or in
response to specific inquiries will, at a minimum, be construed to include
statements that do not result in measurable expenditures. Consistent with this
legislative intent, the definition provided in this rule does not restrict the scope of
the exception for statements made at an open press conference or in response to a
specific inquiry. The term is construed to include any specific cost, or specific
portion of a cost, that can be reasonably determined and attributed to a statement
made at an open press conference or in response to a specific inquiry and for the
purpose of promotion or opposition of a ballot proposition.
(1) All statements initiated by a legislator will result in a measurable
expenditure if the writing was prepared using state time, state employees or
resources such as paper and equipment; or if state resources such as postage
were used in delivering the statement.
(2) An oral statement initiated by a legislator will result in a measurable
expenditure if its specific cost, or portion of its cost, can be reasonably
determined and attributed to the statement. An oral statement constitutes a
measurable expenditure if staff time or state resources were used to prepare the
oral statement.
(3) Pursuant to In re Dhingra, Randall, Shewmake, Robinson, Lovelett. Thai,
Bateman, Ramel, Lekanoff, Slatter, & Rule, 2022 – Nos. 14 & 15, the use of
public resources provided by another state agency can result in a “measurable
expenditure.”