Advisory Opinion 98-06-1158
Health and Human Services/Campaign Activities

ISSUE: WHETHER THE KING COUNTY WOMEN'S ADVISORY BOARD MAY TAKE A PUBLIC POSITION ON A BALLOT ISSUE WITHOUT VIOLATING THE CODE OF ETHICS PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES.

OPINION: The Board of Ethics finds no violation of the Code of Ethics if the Women's Advisory Board recommends and advises the County Executive and Council regarding potential effects of a ballot proposition as described in its enabling legislation. However, because Board members are by definition employees of the County, public statements such as op-ed pieces, sponsorships for or against ballot propositions, or press releases, would violate the prohibition against employees conducting such campaign activities on county time using county facilities. By limiting campaign activities by King County employees while on the job, the intent of the Code of Ethics is not to discourage involvement in the political process but to ensure public resources are used justly and equitably.

STATEMENT OF CIRCUMSTANCES: The King County Women's Advisory Board requests an advisory opinion from the Board of Ethics regarding campaign activities. The Board is considering taking a public position on an affirmative action measure which will be placed on the State ballot in November 1998. Given the Board's duties and responsibilities as described in its enabling legislation, the Board wishes to know if taking a public position on this issue constitutes a violation of the King County Ethics Code.

ANALYSIS:. The Women's Advisory Board lies within the Community Services Division of the King County Department of Community & Human Services. The Board is composed of fifteen volunteer members.

In the Board's enabling legislation, amended 1998, the King County Council stated its commitment to "assuring that women's rights and needs are taken into account in all aspects of county operations and programming . . . [by] promoting the rights of women and developing programs to better meet the needs of women, including programs in such areas as domestic violence and sexual assault." Given that preamble, the ordinance further defines the creation of the Board "to act in an advisory capacity to the executive and council, making recommendations to ensure that the needs, rights and well-being of women are taken into account in the development and implementation of legislation, policies, programs and funding in King County."

King County Code 3.04.017(D) defines board and commission members as county employees and therefore subject to the jurisdiction of the Code of Ethics: "The term ‘county employee' also includes county elected officials and members of county boards, commissions, committees, or other multi-member bodies . . .."

Subsection 3.04.020(E) of the Code of Ethics identifies allowable and prohibited campaign activities: "County employees are encouraged to participate in the political process on their own time and outside of the workplace by working on campaigns for the election of any person to any office or for the promotion of or opposition to any ballot proposition, but shall not use or authorize the use of the facilities of King county for such purposes except as authorized by the provisions of RCW 42.17.130." RCW 42.17.130(3) forbids the use of public office or agency facilities for the promotion of or opposition to any ballot proposition except if those activities are part of the normal and regular conduct of the office or agency.

In this specific instance, staff to the Women's Advisory Board confirmed that such campaign activity is not a part of the normal or regular conduct of the Community Services Division of the Department of Community and Human Services. In addition, Board staff clarified that, in taking a public position, the Board's actions might conceivably include being listed as a sponsor on an anti-initiative brochure, issuing a press release, or writing an op-ed piece for newspaper publication.

The Women's Advisory Board enabling legislation is clear. The Board is empowered to act in an advisory capacity specifically to the King County executive and council. Its role does not include campaign activities on ballot measures such as sponsorships, op-ed pieces, press releases and the like to the public in general, nor is that a function of the county division in which it lies. When the Board, in its official capacity, goes beyond these designated boundaries and publicly campaigns for or against a ballot measure, they have exceeded their enabling legislation. As employees of King County, they are prohibited from using County time or facilities for such activities, and would find themselves in conflict with the campaign activities prohibition, as would the staff assigned to assist them.

References: King County Ordinance 13039; King County Code of Ethics, sections 3.04.017(D) and 3.04.020(E); RCW 42.17.130(3).

ISSUED THIS ___________ DAY OF _______________, 199__.

Signed for the Board: _________________________.

Dr. Lois Price Spratlen, Chair

Members:
Mr. Roland Carlson
Judge Paul M. Feinsod
Lembhard Howell, Esq.
Rev. Paul Pruitt

LPS/cac

cc:

Ron Sims, King County Executive

King County Councilmembers
Duncan Fowler, Director Ombudsman, Office of Citizen Complaints
Carl Johansen, Deputy Prosecuting Attorney
Carol Antoncich, Staff, Women's Advisory Board