Advisory Opinion 96-08-1143

Water Pollution Control/Non-Profit Board Membership

ISSUE: WHETHER A COUNTY EMPLOYEE MAY SERVE AS A DIRECTOR ON THE BOARD FOR A NON-PROFIT ENVIRONMENTAL COALITION, WHEN THE COALITION RECEIVES FUNDING FROM KING COUNTY AGENCIES?

Opinion: Based on the circumstances of this issue as presented to the Board of Ethics, the Board finds that the employee's non-profit board membership is not a conflict of interest. However, board membership may become incompatible with an individual's official responsibilities as a County employee if that membership interferes with, or could interfere with, the exercise of independent judgement or action.

Statement of Circumstances: A community educator in the Hazardous Waste Management Program of the Water Pollution Control Division, Department of Natural Resources, also serves on the board of directors for the Environmental Coalition of South Seattle (ECOSS). The employee serves without compensation. Several years ago, Hazardous Waste helped form ECOSS to work with businesses and citizens on hazardous waste issues. Hazardous Waste also works closely with the non-profit in performing official duties, including inspections of businesses, providing technical assistance, and contracting for specific services. The non-profit receives financial support from member dues, contributions, grants, and contracts, including contracts from other divisions of the Department of Natural Resources. The employee has asked the board to determine whether service on the board of directors presents a conflict of interest under the Code of Ethics?

Analysis: In Advisory Opinion 1005, the Board established that if county employees serve on non-profit boards, they must meet the following criteria:

• Board membership can involve no compensation or benefits as defined by section 3.04.030(C) and which includes travel expense, service, information, gifts, or things of value.
  
• County employees must disclose their membership on a non-profit board to their immediate supervisor and, if applicable, on a financial disclosure form filed with the Board of Ethics.
  
• And, the employee must recuse himself or herself from any participation in any County action that affects the funding of the organization of which the individual is a member.

The employee in this instance has met the criteria established for non-profit board membership. However, the county employee should clearly understand that given the close working relationship between the Hazardous Waste Management Program and ECOSS, the county employee must ensure that she avoids any conflict of interest which may arise from her service regardless of whether she is compensated. Under the Code of Ethics, a conflict of interest is not limited to a financial interest, but may also result if a county employee renders service and such service is incompatible with official duties or could impair independent judgment or action. Specifically, K.C.C. 3.04.030(I) provides that a county employee may have 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 judgment or action in the performance of official duties.

A conflict of interest under this section of the Code can result, for example, if the employee participates in any official action relating to or involving ECOSS, or if the employee advocates a position favorable to ECOSS in an official capacity. Likewise, the county employee may not represent to ECOSS that a county action may result because she is employed by a county agency that contracts with ECOSS.

References: King County Code of Ethics, sections 3.04.030(I); Advisory Opinions 1005, 1086, 1087, and 1114.

ISSUED THIS ___________ DAY OF ___________________, 199__.

Signed for the Board: Roland H. Carlson, Acting Chair

Members:

Roland H. Carlson, Acting Chair
Rev. Paul Pruitt
Dr. Lois Price Spratlen

RHC/mag

cc:

Gary Locke, King County Executive
King County Council Members
David Krull, Director-Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Pam Bissonette, Director, Department of Natural Resources
Joy Keniston-Longrie, Manager, Hazardous Waste Management Program