Advisory Opinion 91-11-1033
BALD/Boeing Seminar

ISSUE: WOULD IT VIOLATE THE KING COUNTY CODE OF ETHICS IF AN EMPLOYEE WHO HAS RESPONSIBILITY FOR ENFORCING BUILDING PLANS ATTENDS AN EDUCATIONAL SEMINAR OR LIKE EVENT SPONSORED BY A COMPANY WHICH SUBMITS PLANS THAT THE EMPLOYEE REVIEWS?

Opinion: A "responsible" employee's attendance at a seminar sponsored by persons doing business or seeking to do business with the County in that person's area of responsibility is prohibited under the Code.

In this particular case, the Plans Examiner II is clearly "responsible" as defined by the Code and his attendance at a seminar paid for by a company that regularly submits building plans to him would violate the Code since he is the very employee that oversees and approves the plans for the company.

In conclusion, the Board finds that:

If the County deemed an educational seminar or like event to be beneficial and pays the fees involved, employees can attend and leave with informational materials pertinent to their job.

Note: This opinion was derived for a unique circumstance. The issue here is not whether or not an employee can attend an educational seminar, it is whether employees may attend such functions when someone who does business with the County pays for employee attendance. This Advisory Opinion does not involve employee attendance at functions when the County pays for the attendance and should in no way be interpreted to impair or limit the authority of employee attendance at educational seminars or like events.

Statement of Circumstances: An employee in King County's Building and Land Development Division (BALD) declined an invitation to attend a one week seminar on the Uniform Building Code sponsored by the Boeing Company. The Manager of the Commercial Products Division of King County's Building and Land Development Division would constitute a violation of the King County Code of Ethics.

FACTS:

• The employee who received the invitation is a Plans Examiner II in the King County Building and Land Division (BALD) who reviews building plan applications (blue print drawings) checking for conformity with the Uniform Building Code. If discrepancies are found, the Plans Examiner II requires that the plans be changed. If compliance is reached, the Plans Examiner II approves the plans and issues building permits.

• The event was a one week seminar on the Uniform Building Code sponsored by the Boeing Company held primarily for Boeing employees in Seattle at Boeing Field.

• The Boeing Company does business with BALD.

• The cost for attendance at the seminar would be approximately $300 per attendee.

• The event was held in September of 1991.

Analysis: The Board took a close look at the "responsibility" of the employee in question as it pertains to his or her work in reviewing and approving plans submitted by the very company who sponsored the event.

The Board uses a number of criteria to define "responsibility" in its deliberations when preparing to give advice regarding possible conflicts of interest. A non exhaustive list of criteria includes:

• Does the employee substantially participate in decisions relating to the company doing business with the County?

• Are the employees held accountable for the decisions either formally or informally?

• Does the employee exercise discretion with regard to the action or decision or is his or her involvement merely ministerial?

• In addition to the formal power of effect an action, does the employee have the ability to control or affect the processes or decisions because of his or her influence or because his or her recommendations are given substantial weight by the formal decisionmakers?

Additionally, the Board looked at the value of the seminar and the information to be gained by attending it and asked the following questions:

• Could employee attendance at the seminar enhance his or her expertise enabling them to better perform their existing job?

• Would the County pay for employee attendance at like seminars if they were open and available for them to attend?

AUTHORITY RELIED UPON

KING COUNTY CODE OF ETHICS:

3.04.017 J. "Participate" means, in connection with a transaction involving the County, to be involved in a County action personally and substantially as a County employee either directly, or through others through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or otherwise.

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:

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
Robert Stier, Deputy Prosecuting Attorney
Rella Foley, Ombudsman, Office of Citizen Complaints
Gregory Kipp, Manager, Building and Land Division
Lois Schwennesen, Director, Parks, Planning and Resources Department
Tom McDonald, Manager, Commercial Products Section