ADVISORY OPINION 1049

Stadium Administration/ Director's Attendance at Annual Meetings/ Dinner

ISSUE: THE DIRECTOR OF THE KING COUNTY STADIUM (KINGDOME) RECIEVES A NUMBER OF INVITATIONS TO ANNUAL MEETINGS AND DINNERS FROM PERSONS LEASING OR SEEKING TO LEASE THE KINGDOME. HE REQUESTED AN ADVISORY OPINION FROM THE KING COUNTY BOARD OF ETHICS TO VERIFY WHETHER OR NOT HIS ACCEPTANCE OF SUCH INVITATIONS WOULD BE IN VIOLATION OF THE KING COUNTY CODE OF ETHICS.

OPINION:

The Board believes that annual meetings or associations with whom King County does business or formal occasions and dinners can be ceremonial in nature. Therefore, the Director as an individual directly supervised or any employee directly supervised by an elected official may accept such invitations if the event is exclusively informational or ceremonial.

The King County Board of Ethics finds that neither the language in Section 3.04.030 nor the information contained in this advisory opinion should be interpreted as prohibiting County departments or divisions from having more restrictive policies regarding employee attendance at meetings, if they deem it necessary.

ANALYSIS: The King County Code of Ethics explicitly prohibits the receipt of gifts or things of value such as travel, food, or entertainment from persons doing business or seeking to do business with the county by employees who have responsibility or participate in decisions in the area where the person does business. It also prohibits such receipt if the receipt could conflict with the performance of employee official duty or undermine the appearance of fairness and if 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.

The members of the King County Board of Ethics realize that vendors and consultants commonly host ceremonial and informational events. Invitations to these events are often extended to employees who have responsibility in the area that they do business or are seeking to business with the County.

Section 3.04.030 ( C ) of the Code has a stipulated allowance for elected officials and employees supervised directly by elected officials granting them privileges not available to other County employees. These persons can receive meals, refreshments or transportation within the boundaries of King County when it is given in connection with meetings with constituents or meetings which are informational or ceremonial in nature.

Following review of the King County Code of Ethics the Board also reviewed the County's organizational chart in efforts to understand the working relation of the Director of Stadium Administration with County elected officials.

It is clear to the Board that the Director of the Kingdome is directly appointed by and responsible to an elected official - the King County Executive.

CONCLUSION: The Director of King County's Stadium Administration is in fact an employee directly supervised by the King County Executive who is an elected official. Each department Director in King County meets this criteria and therefore is permitted to attend meetings with meetings which are informational or ceremonial in nature. Section 3.04.030 C prohibits employees from:

Accepting or seeking 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.

Section 3.04.030 C additionally does not apply to the receipt by elected officials, or by employees who are supervised directly by an elected official, or 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.

Therefore, those "exempted" employees are permitted to attend informational meetings or meetings which are ceremonial in nature that are within the boundaries of King County.

The question here becomes are the meetings/dinners informational or ceremonial in nature to which the Director of Stadium Administration is invited?

The Board believes that annual meetings or associations with whom King County does business or formal occasions and dinners can be ceremonial in nature. Therefore, the Director as an individual directly supervised or any employee directly supervised by an elected official may accept such invitations if the event is exclusively informational or ceremonial.

The King County Board of Ethics finds that neither the language in Section 3.04.030 nor the information contained in this advisory opinion should be interpreted as prohibiting County departments or divisions from having more restrictive policies regarding employee attendance at meetings, if they deem it necessary.

References: King County Code of Ethics, Section 3.04.030

ISSUED THIS ___________ DAY OF _____________, 1999.

Signed for the Board: _____________________________