ADVISORY OPINION 1064

OHRM/Seminar Attendance

ISSUE: WHETHER PARTICIPATION IN A TRAINING PROGRAM DEVELOPMENT SEMINAR WHICH IS SPONSORED BY A PRIVATE ORGANIZATION VIOLATES THE CODE OF ETHICS.

OPINION: The Board has substantial concerns that participation in a seminar for the purposes of developing a training program for an outside organization would be a violation of the standards of just and equitable treatment and a conflict of interest. In accordance with K.C.C. 3.04.020(B), "no county employee shall grant any special consideration, treatment, or advantage beyond that which is available to every other citizen." A responsible employee who contributes to the development of a training program for a for-profit outside organization may find it difficult to avoid giving that program special consideration for use within King County administration. In addition, publication of the employee's name and affiliation with King County may provide the appearance of a conflict of interest between private interest as a seminar participant and the performance of official duties. Therefore the Board advises that the employee decline participation in the seminar.

STATEMENT OF CIRCUMSTANCES: A King County employee in the Office of Human Resource Management has been invited to participate in a training program development seminar which is sponsored by a private organization. The employee asks whether participation is in violation of the Code of Ethics, whether attendance can be on "county time", and whether the employee's name and King County affiliation can be published in video or written materials which result from participation?

ANALYSIS: The Board was very interested in reviewing this request because of its significant differences from a previous Advisory Opinion, 1036. In that opinion the Board decided the issue of whether an employee's attendance at educational seminars or professional events sponsored by universities and professional associations violated the Code of Ethics. In general, the Board found that a conflict of interest could be avoided if either the employee or King County paid for attendance and "so long as the function is administered bv the professional or educational bodv for purposes of education and professional development."

The present case before the Board raises new issues. The private organization sponsoring the seminar designs and develops specialized training materials and curricula for worldwide distribution and is a for-profit agency. The seminar in question is not strictly for the purpose of educational and professional development, but rather for the purpose of seeking inputs from invited participants for the development of a new training program. This program will be assembled, published, and distributed by the organization for use in the public sector. All training programs must be purchased from the organization.

The Board also understands that the organization intends to publish the names and affiliations of seminar participants in the final product as acknowledgment for their contributions. Participants are to be provided with complimentary copies of the finished training program, but cannot use the program unless it is purchased. The employee who requested this opinion has significant responsibility for reviewing and recommending the purchase and implementation of training programs within the Office of Human Resource Management.

References: King County Code of Ethics, sections 3.04.Q20 and 3.04.030.

ISSUED THIS ___________ DAY OF _____________, 1999.

Signed for the Board: _____________________________