Advisory Opinion 91-04-1009
Consultant Breakfast

Opinion: DIVIDED REPORT (MAJORITY AND UNANIMOUS)

MAJORITY REPORT

The majority of the Board agreed that county employee attendance at monthly breakfast seminars sponsored by a consultant who currently does business with the County does not constitute a conflict of interest because the majority is of the opinion that:

1. It is strictly a series of seminars provided for a wide variety of interested business representatives for the purpose of mutually disseminating work-related information;
2. There are no overt sales pitches;
3. No direct attempt is made to influence the county bid or consultant selection process;
4. There is no fee involved.

UNANIMOUS REPORT

The entire Board agreed that county employees' attendance at the breakfast seminar series where food is provided requires that:

1. County employees must work out arrangements or create an avenue to pay for food consumed and/or prepared for them;
2. County employees must not accept nor leave the event with things of value or gifts such as monogrammed calendars, weekly miners, cups and other memorabilia bearing the consultant's logo.

Statement of Circumstances: A King County employee in the Office of Human Resource Management who serves as Manager of Employee Relations has inquired whether the attendance of invited County employees at monthly breakfast seminars sponsored by a consultant firm currently doing business with the County constitutes a conflict of interest. There is no registration fee for the seminars. In addition, the employee asks whether or not County invitees may attend the seminars yet pay for the cost of food provided for them.

Analysis:

AUTHORITY RELIED UPON

3.04.010 Definitions.

G. "Gift" means anything of economic value, but shall not include campaign contribution regulated by the provisions of RCW Ch. 42.17, the King County Charter and ordinances implementing them, informational materials exclusively for official or office use, memorials, trophies, and plaques of no commercial value gifts of $20.00 or less for bona fide, non-recurring, ceremonial occasions or any gifts which are not used and which within thirty days after receipt are returned to the donor, or donated to a charitable organization without seeking a tax deduction.

3.04.030 Conflict of interest. No county employee shall engage in any act which is in conflict with the performance of official duties. A county employee shall be deemed to have a conflict of interest if the employee directly or indirectly:

B. Is beneficially interested, directly or indirectly, in any contract, sale, lease, option purchase that may be made by, through, or under the supervision of the employee, in whole or in part, or accepts, directly or indirectly, any compensation, gift or thing of value from any other person beneficially interested therein;

C. Accepts or seeks for others, directly or indirectly, any employment, travel expense, service, information, compensation, gift or thing of value on more favorable terms than those granted to other county employees or the public generally, from any person doing business, or seeking to do business with the county for which the employee has responsibility or with regard to which he or she may participate, provided that this subsection shall not apply to the receipt by elected officials, or by employees who are supervised directly by an elected official, of meals, refreshments or transportation within the boundaries of King County when given in connection with meetings with constituents or meetings which are informational or ceremonial in nature;

D. Accepts, directly or indirectly, any gift, favor, loan, retainer, entertainment, travel expense, compensation or other thing of value from any person doing business or seeking to do business with the county when such acceptance may conflict with the performance of the employee's official duties.

A conflict shall be deemed to exist where a reasonable and prudent person would believe that the gift, compensation, thing of value, or more favorable terms, was given for the purpose of obtaining special consideration or to influence county action. * * *

ISSUED ON THE ____________ day of ________________, 1991.

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

Members:

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

JPD:dwm

cc:

Tim Hill, King County Executive
King County Councilmembers
Bob Stier, Deputy Prosecuting Attorney
Rella Foley, Ombudsman, Office of Citizen Complaints
James Yearby, Director, Office of Human Resource Management
David R. Leach, Manager, King County Purchasing Agency
Niki A. Lenden, Senior Buyer, King County Purchasing Agency