Advisory Opinion 92-08-1051
Harborview/Boardmember Acceptance of Lunch During Board Meetings & Stipend Reductions

ISSUE: WHILE IN THE PERFORMANCE OF DUTY, DOES EMPLOYEE (KING COUNTY BOARDMEMBER) RECEIPT OF A MEAL AT COUNTY EXPENSE VIOLATE THE KING COUNTY CODE OF ETHICS?

AND

MUST THE COST OF MEALS BE DEDUCTED FROM THE STIPEND RECEIVED BY KING COUNTY BOARDMEMBERS IN ORDER TO COMPLY WITH THE KING COUNTY CODE OF ETHICS?

Opinion: The Board of Ethics finds no violation of the Code if while in the performance of duty King County Boardmembers receive meals at county expense.

Additionally, there is nothing in the King County Code of Ethics that requires Boardmembers to deduct the value of lunches from their stipend.

Statement of Circumstances: On behalf of Harborview Medical Center's Board of Trustees, an employee in the Washington State Auditor's office has requested an advisory opinion from the King County Board of Ethics. As set forth above, the first question here involves employee (members of Harborview Medical Center's Board of Trustees) receipt of lunch at County expense. The second question concerns a reduction of the meeting stipend to offset costs incurred for the lunch that is provided during Board meetings.

• The Harborview Medical Center Board of Trustees has been established pursuant to state and local law to supervise and oversee the operations of Harborview Medical Center.
• The Board of Trustees has thirteen members who are appointed to four-year terms.
• The Board's regular monthly meetings occur at noon on the third Thursday of each month. Board members are also appointed to a number of committees and serve in a variety of capacities, which may require them to conduct medical center business on days that are in addition to their regular meeting date.
• Prior to the formal convening of the regular monthly meeting agenda, Board members have lunch while informational and educational presentations and briefings are made.
• Members of the Board of Trustees are given a "per meeting stipend" of $50. To date, an amount has been deducted from that stipend to pay the cost of the lunches.

Analysis: Harborview Board of Trustee members are defined as "County employees" and therefore are subject to the King County Code of Ethics. There is nothing in the Code of Ethics that addresses the provision by the county or its agencies allowing or prohibiting employee consumption of meals or refreshments during the course of official duty. There are however Code provisions that prohibit employee receipt of gifts or things of value from persons doing business or seeking to do business with the County.

Provisions found in section 3.04.020 A would make it a violation of the Code for board members to receive something of value for personal convenience or profit. As far as the Code of Ethics is concerned, Harborview Board of Trustee meetings are conducted within the scope of the Baordmember's official county duties and therefore the provision of meals in connection with such duties is not an ethical concern.

AUTHORITY RELIED UPON

The Employee Code of Ethics

3.04.017 Definitions.

D. "County employee" or "employee," means any individual who is appointed as an employee by the appointing authority of a county agency, office, department, council, board, commission or other separate unit or division of county government, however designated, but does not include employees of the county's judicial branch. The term "county employee" also includes county elected officials and members of county boards, commissions, committees, or other multi-member bodies, but does not include officials or employees of the county's judicial branch but does include officials or employees of the county's judicial administration.

3.04.020 Just and equitable treatment.

A. Use of Public Property. No county employee shall request or permit the use of county-owned vehicles, equipment, materials or property or the expenditure of county funds for personal convenience or profit. Use or expenditure is to be restricted to such services as are available to the public generally or for such employees in the conduct of official business.

ISSUED ON ____________________ day of ____________________, 1992

Signed for the Board: Dr. J. Patrick Dobel, Chair

Members:

Timothy Edwards, Esq.
Dr. J. Patrick Dobel, Chair

JPD:dwm

cc:

Tim Hill, King County Councilmembers
Robert Stier, Senior Deputy Prosecuting Attorney, Civil Division and Legal Counsel, King County Board of Ethics
Rella Foley, Director-Ombudsman, Office of Citizen Complaints
Jesus Sanchez, Director, Department of Executive Administration
Jim Yearby, Director, Office of Human Resource Management