Advisory Opinion 1017
BALD/Engineer-Bridge

Opinion: Under the Code of Ethics it is permissible for a County employee to assist a consultant or a consulting firm while employed by the County, and when the work takes place on the employee's own time, when County resources are not used, and when the outside employment does not interfere with or undermine the performance of official duties and responsibilities. The Code of Ethics would not be violated as long as the employee has no decision-making authority over the project on which he previously worked.

The Board cautions that depending on the degree of individual discretion involved and the specific facts of a case, a County employee could incur a conflict of interest. Any potential conflicts should be disclosed to the immediate supervisor. Further, an advisory opinion should be sought from the Board.

Analysis:
AUTHORITY RELIED UPON

3.04.030 Conflict of interest. No county employee shall engage in any act which is in conflict with the performance of official duties. A county employee shall be deemed to have a conflict of interest if the employee directly or indirectly:

F. Discusses or accepts an offer of employment with any person doing or seeking to do business with the county if either:

1. the employee knows or has reason to believe that the offer of employment was or is intended, in whole or in part, directly or indirectly, as compensation or reward for the performance or nonperformance of a duty by the employee during the course of county employment or to influence county action pertaining to the business, or
2. the employee has responsibility for a matter upon which the person is doing business or seeking to do business with the county unless the employee has first disclosed in writing to his or her appointing authority that the employee indets to discuss future employment with a specific person and the appointing authority has designated, in a memorandum filed with the ombudsman and the clerk of the council, a method of providing for an alternative decisionmaker with regard to matters involving such person for which the employee would otherwide have responsibility.

G. Within one year of entering acounty employment awards a county contract or participates in a county action benefiting a person that formerly employed him or her, provided that participation other than contract award may be authorized in a memorandum by the appointing authority following written disclosure by the affected employee and that such authorization shall be filed with the ombudsman and the clerk of the council.

I. Engages in or accepts compensation, employment, or renders service 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.

ISSUED ON THE _______ DAY OF _____________ 199__.

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

Members:

Timothy Edwards, Esq.
Dr. Judith Woods
Dr. J. Patrick Dobel, Chair

Tim Hill, King County Executive
King County Councilmembers
Bob Stier, Deputy Prosecuting Attorney
Rella Foley, Ombudsman, Office of Citizen Complaints
Lois Schwennesen, Director, Parks, Planning and Resources
Greg Kipp, Manager, BALD
Tom McDonald, Manager, Commercial Products Section