Whistleblower Report
July 6, 2009
BRIAN SONNTAG, CGFM WASHINGTON STATE AUDITOR BS:sym cc: Ms. Kathleen Brockman, Chief Administrative Officer Ginny Heim, Special Assistant Martin Butkovich, Regional Administrator, Region 1
Insurance Building, P.O. Box 40021 Olympia, Washington Auditors Office Washington State 98504-0021 (360) 902-0370 TDD Relay (800) 833-6388 FAX (360) 753-0646 2 http://www.sao.wa.gov
Investigation Summary
State of Washington Department of Social and Health Services
ABOUT THE INVESTIGATION
On October 1, 2008, the State Auditors Office began an investigation into a whistleblower assertion regarding personal use of state resources at the Department of Social and Health Services, Region 1. During the investigation we obtained a copy of the employees Internet and e-mail use and her computer network files from the Departments Information Technology Department.
ASSERTION AND RESULTS A Secretary Senior in the Division of Children and Family Services in Wenatchee is using state resources for personal benefit or gain for herself or others.
We found reasonable cause to believe an improper governmental action occurred. During our investigation, we found 25 nonwork-related folders in the employees computer network file. The contents of these folders included jokes, ethnic activities, personal letters, pictures and directions to a yard sale, power point presentations and other information for her personal entertainment company, a festival membership list and a resume. The Department was able to capture Internet history for September 29, 2008, to December 31, 2008. During this time frame, the employee visited nonwork-related sites on 45 dates for a minimum of nine hours and 27 minutes. Internet sites visited included her personal e-mail account, credit union, recipe sites, history sites, movies, an on-line auction service and a retailer. The subject had two e-mail accounts dating back to 2001. We reviewed the subjects sent e-mails for September, October and November 2008. The subject sent 92 personal e-mail messages containing personal pictures, jokes, personal insurance transactions and invoices, flyers, forms and an ethnic festival that pertained to her personal business. Therefore, we find reasonable cause to believe an improper governmental action occurred.
The employee will be required to sign off that Administrative Policy 15.15 has been read and understood. Both actions will occur by June 30, 2009. After meeting with and reviewing the investigators information and meeting with the employee about the assertions, misconduct was determined and disciplinary action is in process.
AUDITORS REMARKS
We thank Department officials and personnel for their assistance and cooperation during the investigation.
INVESTIGATION CRITERIA/POLICIES
We came to our determination in this investigation by evaluating the facts against the criteria below: RCW 42.52.160(1), Use of persons, money or property for private gain, states in part: (1) No state officer or state employee may employ or use any person, money, or property under the officers or employees official control or direction, or in his or her official custody, for the private benefit or gain of the officer, employee, or another. WAC 292-110-010, Use of state resources. Statement of principles stewardship, states in part: (1) The proper stewardship of state resources, including funds, facilities, tools, property, and employees and their time, is a responsibility that all state officers and employees share. Accordingly, state employees may not use state resources for personal benefit or gain or for the benefit or gain of other individuals or outside organizations. Personal benefit or gain may include a use solely for personal convenience, or a use to avoid personal expense. Responsibility and accountability for the appropriate use of state resources ultimately rests with the individual state officer and state employee, or with the state officer or state employee who authorizes such use. Employees and officials are cautioned that their own personal use of state resources should never interfere with another state official or employee, or obligate another employee to make personal use of state resources . . . (4) Permitted use of computers and electronic mail, and the internet. A state officer or employee may use state computers and other equipment to access computer networks or other data bases, including the internet and electronic mail provided such use conforms to ethical standards under subsection (3) of this section, and the use is not otherwise prohibited under subsection (6) of this section. 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 subsections (3) and (6) of this section. (6) Prohibited uses. The state Constitution, state and federal laws, and the Ethics in Public Service Act strictly prohibit certain private activity and certain uses of state resources. Any use of state resources to support such activity clearly undermines public confidence in state government and reflects negatively on state employees generally. This rule explicitly prohibits at all times the following private uses of state resources.
Washington State Auditors Office 2
(a) Any use for the purpose of conducting an outside business or private employment; (b) Any use for the purpose of supporting, promoting the interests of, or soliciting for an outside organization or group, including, but not limited to: A private business, a nonprofit organization, or a political party (unless provided for by law or authorized by an agency head or designee) . . . . Department of Social and Health Services Administrative Policy No. 15.15, Use of Electronic Messaging Systems and the Internet, states in part: 2. Permitted Personal Use Personal use of department electronic messaging systems and the Internet must conform to WAC 292-110-010, Use of State Resources, which states that employees may make occasional but limited personal use of state resources such as electronic messaging systems and the Internet if the use conforms to all of the following ethical standards There is little or no cost to the state; the use does not interfere with the performance of the employees official duties; The use is brief in duration and frequency; Employees are expected to exercise good judgment in both duration and frequency; the use does not disrupt other state employees and does not obligate them to make a personal use of state resources; and The use does not compromise the security or integrity of state information or software.
3. Prohibited Uses Employees are prohibited from using state-provided electronic messaging systems and the Internet in any of the following ways: Employees may not derive personal benefit or financial gain from the use of state provided e-mail, voice mail, or Internet access. Employees may not use state-provided email, voice mail, or Internet access to conduct activities that support outside employment, Employees must not use state provided electronic systems or Internet access to create, access post, send, sexually explicit or pornographic material unless the necessary for the performance of the employees duties messaging or print any material is job-related
Checking personal, outside email accounts using department computers, networks and communication lines if prohibited. Employees must not use e-mail products on department computers other than those provided and supported by the department.
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