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 complied with *RCW 42.52.030(2) or each of the following conditions are met:
(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(4) 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 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.
[ 1997 c 318 § 1; 1996 c 213 § 6; 1994 c 154 § 112.]
NOTES:
*Reviser's note: RCW 42.52.030 was amended by 2005 c 106 § 2, deleting subsection (2).
Structure Revised Code of Washington
Title 42 - Public Officers and Agencies
Chapter 42.52 - Ethics in Public Service.
42.52.020 - Activities incompatible with public duties.
42.52.030 - Financial interests in transactions.
42.52.040 - Assisting in transactions.
42.52.050 - Confidential information—Improperly concealed records.
42.52.060 - Testimony of state officers and state employees.
42.52.070 - Special privileges and exemptions—Application of section to legislature.
42.52.080 - Employment after public service.
42.52.090 - Limited assistance by former state officers and employees.
42.52.110 - Compensation for official duties or nonperformance.
42.52.120 - Compensation for outside activities.
42.52.150 - Limitations on gifts.
42.52.160 - Use of persons, money, or property for private gain.
42.52.170 - Giving, paying, loaning, etc., any thing of economic value to state employee.
42.52.180 - Use of public resources for political campaigns.
42.52.185 - Restrictions on mailings by legislators.
42.52.310 - Legislative ethics board.
42.52.320 - Authority of legislative ethics board.
42.52.340 - Transfer of jurisdiction.
42.52.350 - Executive ethics board.
42.52.360 - Authority of executive ethics board.
42.52.365 - Executive branch agencies—Ethics advisors—Ethics training.
42.52.370 - Authority of commission on judicial conduct.
42.52.380 - Political activities of board members.
42.52.390 - Hearing and subpoena authority.
42.52.400 - Enforcement of subpoena authority.
42.52.410 - Filing complaint—Whistleblower protection—Penalty for reprisal or retaliation.
42.52.425 - Dismissal of complaint.
42.52.430 - Public hearing—Findings.
42.52.450 - Complaint against legislator or statewide elected official.
42.52.470 - Referral for enforcement.
42.52.490 - Action by attorney general.
42.52.500 - Optional hearings by administrative law judge.
42.52.510 - Rescission of state action.
42.52.520 - Disciplinary action.
42.52.530 - Additional investigative authority.
42.52.540 - Limitations period.
42.52.550 - Compensation of ethics boards.
42.52.575 - Information about scholarship opportunities.
42.52.801 - Exemption—Solicitation to promote tourism.
42.52.8021 - Exemption—Solicitation for Washington state flag account.
42.52.8022 - Exemption—Informational or educational meetings regarding legislative issues.
42.52.8023 - Exemption—Gina Grant Bull memorial legislative page scholarship account.
42.52.8024 - Exemption—Rosa Franklin legislative internship program scholarship.
42.52.803 - Exemption—Solicitation for legislative oral history account.
42.52.804 - Exemption—Health profession board or commission—Professional opinions.
42.52.810 - Solicitation for the legislative international trade account—Report.
42.52.820 - Solicitation for hosting national legislative association conference.
42.52.821 - Exemption—Solicitation to host conference of a national association.
42.52.900 - Legislative declaration.
42.52.901 - Liberal construction.
42.52.903 - Serving on board, committee, or commission not prevented.
42.52.904 - Effective date—1994 c 154.
42.52.906 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.