Advisory Opinion 1081
Board of Ethics/Conflict of Interest Decision-Making

ISSUE: WHICH MODEL OF DECISION-MAKING FITS THE REQUIREMENTS OF THE CODE OF ETHICS WHEN COUNTY BOARD, COMMISSION, OR COMMITTEE MEMBERS HAVE POTENTIAL CONFLICTS OF INTEREST?

Opinion: The Board of Ethics finds this decision-making model meets the requirements of disclosure contained in the Code of Ethics and that following this model can assist County board, commission, and committee members in avoiding a conflict of interest which could impair impartial decision-making and independence of judgement in the public interest.

Statement of Circumstances: According to section 3.04.017 of the Code of Ethics, the term "county employee" includes members of King County's boards, commissions, and committees. As such, these members are subject to the provisions of the Code of Ethics, including those sections relating to conflicts of interest. In some instances, however, certain board, commission, and committee members may find conflict of interest difficult to avoid. This is particularly true when the County's enabling legislation mandates the representation of certain interests within the community on its various boards, commissions, and committees, and then empowers the members of those bodies to make substantive decisions or recommendations regarding those very same interests. When this occurs, the question becomes one of how to balance a potential conflict of interest with the need to act responsibly in the public's interest.

Analysis: Members of County boards, commissions, and committees who find themselves faced with a potential conflict between their private interests and their responsibilities to serve the public can avoid conflict of interest during the decision-making process by following these guidelines:

• disclosing potential conflicts of interest in advance to the appropriate department director or division manager;
• publicly disclosing conflicts of interest at board, commission, and committee meetings; and,
• abstaining from participation in discussions or voting on any issue where a conflict of interest may be involved.

These actions should be followed with regard to all major decisions including, but not limited to, the consideration of contracts and policy recommendations, even if only advisory in nature.

References: King County Code of Ethics, sections 3.04.017(D) and 3.04.030 (A through S).

ISSUED THIS ___________ DAY OF ___________________, 199__.

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

Members:

Dr. J. Patrick Dobel, Chair
Timothy Edwards, Esq.
Rev. Paul Pruitt

JPD/mag

cc:

Tim Hill, King County Executive
King County Council Members
Susan Baugh, Director-Ombudsman, Office of Citizen Complaints
Quentin Yerxa, Deputy Prosecuting Attorney and Counsel to the Board of Ethics
King County Department Directors and Division Managers
King County Boards, Commissions, and Committees