Official misconduct in Washington State refers to instances where a public servant, with the intent to benefit personally or deprive someone of their rights, either:

•Commits an unauthorized act under the guise of official authority, or

•Fails to perform a duty required by law intentionally.

This is defined under RCW 9A.80.010 and classified as a gross misdemeanor.

Recent cases investigated by the Washington State Executive Ethics Board reveal the broad scope of misconduct and the penalties imposed. For example:

•A Department of Licensing employee used state resources for personal activities and faced a $2,500 civil penalty, with $1,000 suspended.

•A Corrections officer misused work hours for personal internet browsing, resulting in a $500 penalty, with $200 suspended.

•A Commerce Specialist at the Department of Agriculture harassed a colleague using state communication tools and was fined $1,500.

These cases underscore the importance of identifying and addressing unethical behavior within public institutions. For investigators, recognizing misconduct is only the first step; understanding how to act appropriately and legally is critical.

What Should Investigators Do If They Observe Official Misconduct?

When investigators encounter potential cases of official misconduct, taking the right steps ensures an ethical, thorough, and effective resolution. Here’s what to do:

1. Document Everything

•Maintain detailed records of the observed misconduct. Include dates, times, specific actions, and any relevant communications (emails, messages, or calls).

•Collect any physical or digital evidence related to the behavior in question, such as altered documents, unauthorized transactions, or misuse of state resources.

Why? Thorough documentation provides a clear timeline and context, strengthening the case during internal or legal proceedings.

2. Follow Internal Reporting Protocols

•Most organizations, including public institutions, have policies outlining how to report unethical behavior. Familiarize yourself with the chain of command and reporting structure.

•Submit the documentation and evidence to the appropriate authority, such as a supervisor, ethics officer, or compliance department.

Why? Following protocols ensures the issue is handled by those authorized to investigate and act while protecting whistleblowers from potential retaliation.

3. Report to the Washington State Executive Ethics Board (EEB)

•If the misconduct involves the misuse of public resources, failure to perform legal duties, or ethical violations, file a complaint with the Executive Ethics Board.

•Complaints can be submitted confidentially, and the EEB investigates violations of the state ethics law.

Why? The EEB has the authority to impose penalties and mandate corrective actions, ensuring accountability for public servants.

4. Engage Legal Counsel or an Ethics Advisor

•If you’re uncertain about the legality or implications of reporting misconduct, consult with an attorney or ethics advisor experienced in public sector investigations.

•Legal counsel can guide you on how to protect yourself while fulfilling your duty as an investigator.

Why? Navigating misconduct cases can be complex, and expert advice helps avoid unintended legal or professional risks.

5. Protect Yourself from Retaliation

•Familiarize yourself with whistleblower protection laws, such as the Washington State Whistleblower Protection Act (RCW 42.40), which safeguards state employees reporting improper governmental actions.

•If you face retaliation, document those instances and report them promptly.

Why? Retaliation is illegal and can undermine an investigator’s ability to perform their duties. Knowing your rights is crucial for self-protection.

6. Leverage External Resources

•Contact organizations like the ACFE or regional ethics associations for guidance and support in handling cases of official misconduct.

•Use fraud examination tools and AI platforms (such as Splunk or Datactics) to analyze data and identify patterns of wrongdoing.

Why? External resources provide tools and expertise to supplement your investigation, especially in complex or large-scale cases.

How Investigators Contribute to Integrity

By identifying, reporting, and addressing official misconduct, investigators play a vital role in maintaining the ethical standards of public institutions. Beyond uncovering fraud, their efforts help restore trust, ensure compliance with laws, and reinforce the accountability of those in public service.

Call to Action

If you’ve encountered cases of misconduct or want to learn more about handling ethical violations in Washington State, join the ACFE Pacific Northwest Chapter community. Let’s work together to uphold the principles of integrity and accountability in public service.

Have questions or insights? Share your thoughts below or join us at our next chapter conference!

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