Advisory Opinion 94-11-1114

Mental Health/Board Member Conflict of Interest

ISSUE: WHETHER A MENTAL HEALTH BOARD MEMBER WOULD INCUR A CONFLICT OF INTEREST IF SHE WORKS FOR AN AGENCY WHICH RECEIVES CONTRACTS WITH THE MENTAL HEALTH DIVISION?

Opinion: The Board of Ethics finds that there is no conflict of interest because the board member's outside employment does not impair her independent judgement or action in the performance of official duties on behalf of the King County Mental Health Board.

Statement of Circumstances: A member of the Mental Health Board has recently been employed by the University of Washington's Department of Geriatrics. As a nurse practitioner, the board member has been stationed as a Health Care Specialist at Harborview Medical Center. She works in outreach and nursing home services and has no funding or contracting responsibilities in this capacity. The Mental Health Division contracts with the Harborview Community Mental Health Center to provide mental health services for King County residents?

Analysis: Pursuant to K.C.C. 2.42.020, King County maintains the Harborview Medical Center as a county hospital to provide comprehensive health care to the indigent, sick, injured, and infirm residents of King County. The Harborview Community Mental Health Center is affiliated with the medical center and also contracts with the King County Mental Health Division to provide community support services for the mentally ill.

The King County Mental Health Board is responsible for reviewing and evaluating mental health needs, services, facilities, and special problems for the population of King County. It also advises on programs of community mental health services, reviews applications for financial support, and makes recommendations to the County Council. Once the County adopts its mental health services program, the Board supervises the financial and service components of this program through a supervisor of mental health or a non-profit corporation. Based on this mandate, the Mental Health Board is a significant participant in County actions relating to mental health services.

Although the board member in this instance works for Harborview Medical Center, she has no responsibilities associated with the Harborview Community Mental Health Center other than to provide clinical care. The Code of Ethics provides that a county employee shall be deemed to have a conflict of interest if that employee directly or indirectly:

Engages in or accepts compensation, employment, or renders services for any person or a governmental entity other than King County when such employment or service is incompatible with the proper discharge of official duties or would impair independence of judgment or action in the performance of official duties. (K.C.C. 3.04.030I)

In this particular instance, there is no relationship between the board member's outside employment as a nurse practitioner who provides clinical care, and her official responsibilities to make recommendations and oversee the County's mental health services program. Therefore, her position with the University of Washington's Department of Geriatrics does not present a conflict of interest and does not impair the proper discharge of her duties to the Mental Health Board.

References: King County Code of Ethics, sections 3.04.030I, K.C.C. 2.42.020, and R.C.W. 71.24.

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:

Gary Locke, King County Executive
Metropolitan King County Council Members
Susan Baugh, Director–Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Lynn Davison, Manager, Mental Health Division
Joanne Asaba, Assistant Manager, Mental Health Division
Harriet Berliner, Chair, King County Mental Health Board