ADVISORY OPINION 1065

DDES/MPD Facilitator Conflict of Interest

ISSUE: WHETHER THE FACILITATOR FOR TWO MASTER PLANNED DEVELOPMENTS WITHIN KING COUNTY MAY CONTRACT WITH OTHER CLIENTS SEEKING TO DEVELOP IN UNINCORPORATED KING COUNTY WITHOUT CREATING A CONFLICT OF INTEREST?

OPINION: From the information provided to the Board, the Board understands that the role of the facilitator is to oversee and maintain the integrity of the review process for the Bear Creek Planning Area MPDs. This role and specific procedural guidelines, including measures which clearly delineate areas of decision-making, is addressed in Ordinance 10153. The Board accepts that the prospective client of Buck & Gordon has no direct or indirect financial of beneficial interest in MPDs and that Buck & Gordon is complying with the terms of its contract with the King County as MPD Facilitator. Thus, the Board finds no conflict of interest. The Board cautions that this is a unique case and applicability of this decision to other case may be inappropriate. The Board solicits review of similar cases.

STATEMENT OF CIRCUMSTANCES: By virtue of the competitive bidding process, the law firm of Buck & Gordon, Seattle, Washington was selected by the King County Department of Development and Environmental Services (DDES) to serve as facilitator for two Master Planned Developments (MPDs) in the Bear Creek Planning Area. Buck and Gordon has also been asked to represent a property owner with a City of Redmond Local Improvement District (LID) on matters affecting a piece of property located in the Bear Creek Planning Area. The Board has been asked to decide whether representation of other clients in the Bear Creek Planning Area presents a conflict of interest.

ANALYSIS: According to Ordinance 10153, the King County Council designated that the manager of DDES retain a consultant to serve a facilitator for the county review process with regard to two Bear Creek Planning Area MPDs. Specifically, the facilitator reviews Memoranda of understanding with agency members of an Interdisciplinary Review Team to ensure an expeditious review process; prepares reports or other information relating to scheduling and processing; and makes recommendations to the manager of DDES to accomplish expeditious review and ensure completion of all required reviews.

The facilitator also plays a key role in the resolution of disputes during the review process. Under direction of the DDES manager, the facilitator reviews the disputes on issues and interpretation and makes recommendations for successful resolution. After a determination by the DDES manager, either the Director of the Parks, Planning, and Community Development Department or the Public Works Director, as appropriate, review the determination:

"The Consultant covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the scope of services funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning ands implementation of the scope of services funded herein shall have any personal financial interest, direct or indirect, in this contract. The Consultant shall take appropriate steps to assure compliance with this provision."

In addition, the contract specified a potential conflict of interest would exist if the MPD facilitator was currently doing work for either MPD applicant, was employed was employed by the applicants in any capacity, or was assisting and representing either applicant with or without compensation; if the consultant had any financial interest in any projects owned or managed by the applicants; if the consultant is a part-time of full-time King County employee or officer; and, if the consultant is a former County employee within one year after termination of employment.

The board understands that buck & Gordon have been asked to represent a private property owner with property located within the boundaries of a proposed utility LID for the City of Redmond. The firm is advising the client on issues relating to the LID and on zoning concerns related to the potential annexation of the LID of the City of Redmond. The Board further understands that the prospective client Buck & Gordon is not an MPD proponent and seeks no development permits from King County. King County itself is not invalid in LID and, although within the boundaries of Bear Creek Planning Area, the LID I not adjacent to the MPDs.

References: King County Code of Ethics, section 3.04.030 and Ordinance 10153.

ISSUED THIS ___________ DAY OF _____________, 1999.

Signed for the Board: _____________________________