Advisory Opinion 95-05-1122

Medical Examiner/Conflict of Interest

ISSUE: WHETHER AN EMPLOYEE'S OUTSIDE EMPLOYMENT IN A NON-PROFIT AGENCY WHICH DOES BUSINESS WITH THE EMPLOYEE'S COUNTY AGENCY WOULD BE A CONFLICT OF INTEREST UNDER THE CODE OF ETHICS?

Opinion: The employee in this case is clearly responsible for making decisions on County actions and has access to confidential information which could benefit the Washington State Tissue Service. Therefore, further association with this agency, in any context, violates the Code of Ethics.

Statement of Circumstances: In March 1994, the Medical Examiner requested an advisory opinion from the Board of Ethics as to whether an employee in his division would have a conflict of interest resulting from his position as a director of a board of the Washington State Tissue Service (WSTS), a non-profit agency which sought to do business with the County. In response to this request, the Board issued Advisory Opinion 1084 and concluded that "there is the real perception of a conflict of interest...[because this relationship] could be perceived as providing the [non-profit] organization with a competitive advantage over others." Also at issue in this request was the employee's access to privileged and confidential information regarding prospective donors. Subsequent to this opinion, the employee resigned from the non-profit agency's board of directors, and forwarded a copy of his resignation letter to the Board. Based on this letter, the Board believed that the conflict of interest had been satisfactorily resolved.

In the fall of 1994, the Board unexpectedly learned that while the employee resigned from his position as a director for the non-profit agency, he nonetheless continued his association with WSTS as a procurement technician. This information was provided by the Food and Drug Administration which was conducting an inspection of WSTS. Upon receipt of the final inspection report from the FDA, the Medical Examiner requested further review of this case to determine whether a conflict of interest would continue to exist, even if the employee no longer served as a director on the agency's board.

Analysis: The Board's concerns relating to this issue and expressed in Advisory Opinion 1084 were that the employee is in a position where he exercises independent and discretionary judgement, and that he has access to personal and confidential information. These concerns are not mitigated simply because the employee has moved to another position within the non-profit agency. One of the primary tests for whether a County employee may have a conflict of interest rests on whether it could appear that independent judgement or action in the performance of official duties might be impaired by an activity. This principle is clearly stated in K.C.C. 3.04.030(I) which provides that an employee could incur a conflict of interest if that employee:

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 judgement or action in the performance of official duties.

References: King County Code of Ethics, section 3.04.030 (I); Advisory Opinion 1084.

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
Ron Carlson
Dr. Lois Price Spratlen

JPD/mag

cc:

Gary Locke, King County Executive
Metropolitan King County Councilmembers
Jan Davies, Acting Director-Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Dr. Alonzo Plough, Director, Seattle-King County Department of Public Health
Dr. Donald T. Reay, Medical Examiner, Medical Examiner Division
Jon Nakagawara, Administrative Assistant, Medical Examiner Division