Advisory Opinion 94-7-1098
Adult Detention/Compensation for Service

ISSUE: WHETHER IT WOULD BE A CONFLICT OF INTEREST FOR A COUNTY EMPLOYEE TO ACCEPT COMPENSATION FOR SERVICES RENDERED TO A NATIONAL AGENCY?

Opinion: The Board of Ethics finds no basis here for a conflict of interest. The Code of Ethics does require that the chief officer of each executive department obtain the prior written consent of the County Executive when accepting compensation or any thing of value for services performed outside of King County government.

Statement of Circumstances: The Attorney General has appointed the Director of the Department of Adult Detention to the 15- member Advisory Board of the National Institute of Corrections (NIC). The NIC is responsible to the U.S. Department of Justice. The Advisory Board develops policy for the institute and also assists in its administration. As an Advisory Board member, the director would receive compensation and expenses to attend NIC-related meetings throughout the year. He has asked the Board of Ethics whether acceptance of compensation would present a conflict of interest under the Code of Ethics?

Analysis: There are two questions presented in this issue: whether compensation for services rendered to a national agency violates the Code of Ethics; and, whether service to a national agency presents a conflict of interest? According to section 3.04.017(B) of the Code of Ethics, compensation is defined as "anything of economic value, however designated, which is paid, granted or transferred for, or in consideration of, personal services to any person." Section 3.04.017(K) of the Code considers person to be:

any individual, partnership, association, corporation, firm, institution, or other entity whether or not operated for profit. The term does not include governmental units of the State of Washington or the United States unless so specified.

By definition, the National Institute of Corrections is a governmental unit of the United States and is therefore excluded from the Code. Thus, compensation received from the institute for services rendered is not prohibited under the Code of Ethics.

In considering whether service performed on behalf of the institute provides a basis for a conflict of interest, the Board considered section 3.04.030 (I) which states that a county employee shall be deemed to have a conflict of interest if the employee directly or indirectly:

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.

The director's service on the NIC Advisory Board involves participating in the development of a national strategy to address criminal justice management issues throughout the United States. Although the director is a key County participant in these same issues, his responsibilities as a member of the NIC Advisory Board do not appear to interfere either with the discharge of his official duties as the chief officer of the Department of Adult Detention, or with the exercise of independent judgement or action.

References: King County Code of Ethics, sections 3.04.017 (B and K); 3.04.030(I).

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

JPD/mag

cc:

Gary Locke, King County Executive
Metropolitan King County Council Members
Susan Baugh, Director–Ombudsman, Office of Citizen Complaints
Arthur Wallenstein, Director, Department of Adult Detention
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics