ISSUE: WITHIN ONE YEAR OF TERMINATION OF EMPLOYMENT AND EXCLUSIVE OF THE EXECUTIVE OFFICE, DOES A FORMER EXECUTIVE OFFICE THE LEGISLATIVE BRANCH OF KING COUNTY GOVERNMENT VIOLATE THE KING COUNTY CODE OF ETHICS?

AND

WITHIN ONE YEAR FOLLOWING TERMINATION OF EMPLOYMENT, DOES A FORMER EMPLOYEE OF THE EXECUTIVE OFFICE'S ATTEMPT TO INFLUENCE THE LEGISLATIVE BRANCH OF KING COUNTY GOVERNMENT VIOLATE THE KING COUNTY CODE OF ETHICS?

Opinion: In response to this specific request, the King County Board of Ethics has concluded that the King County Code in this instance:

• Refers to the Executive Office as this particular requester's former department and prohibits him from making attempts to influence for compensation that office within one year after termination of county employment.

• Does not prohibit this particular requester from lobbying other offices within the Executive Branch of County government during the year following termination of his County employment

• Requires this particular requester along with all former employees to disclose for two years after leaving the County's employ, all past County employment prior to participating in any County action.

• Allows this particular requester to influence for compensation the Legislative department of County government within the one year following termination of County employment.

Given the nature of politics, the degree of authority delegated to an executive staff member may vary from administration to administration and person to person. Each employee's particular level of responsibility would affect whether they would be allowed to or prohibited from lobbying the Executive Office or Executive Branches of King County government. Therefore the King County Board of Ethics emphasizes that this opinion was constructed to respond to the concerns of this particular requester and that the Board of Ethics emphasizes that this opinion was constructed to respond to the concerns of this particular requester and that the Board of Ethics will respond on a case-by-case basis to other requests from present or former Executive staff members.

Statement of Circumstances: A former Executive Staff Assistant in the King County Executive Office has solicited an advisory opinion from the King County Board of Ethics to determine the impact of the new Code of Ethics on his post employment activity involving King County government.

Analysis: The question regarding post employment activity presented in this advisory opinion is similar to a question previously addressed by the Board in ADV1017, in which the hiring of former employees as consultants was addressed. In that opinion, as here, the issue is whether an employee's attempt to influence for compensation their former department is in violation of the King County Code.

The second question presented her, which is a separate issue, relates to influencing for compensation the Legislative branch of government.

The King County Charter established both the Legislative and the Executive branches which are the two main operative branches of King County government. The King County Code describes the Office of the Executive as an administrative unit that is separate from the other departments, divisions and offices of the Executive Branch of government.

This request was written to obtain a determination about a former County employee's specific area of responsibility while encountering post King County employment. Based on the information presented, the King County Board of Ethics believes that this requester's former position in the Executive Office primarily involved liaison with the Legislative Branch of the County government on behalf of the Executive. The Board further believes that any of this requester's involvement with other Executive Branch agencies had no significant administrative or supervisory responsibility.

AUTHORITY RELIED UPON

King County Code Section 3.04.035 Conflict of interest - former employee and members of county boards and commissions. B. All other county employees are prohibited from attempting to influence for compensation their former departments within one year after termination of county employment: Provided, that such prohibition shall not apply to former deputy prosecuting attorney's with respect to their representation of defendants in criminal proceedings. For two years after leaving the county's employ, former employees are required to disclose past county employment prior to participation in any county action.

ISSUED ON THE _________________ day of ____________________, 1992

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

Members:

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

JPD:dwm

cc:

Tim Hill, King County Executive
King County Councilmembers
Robert Stier, Deputy Prosecuting Attorney, Legal Counsel, King County Board of Ethics
Rella Foley, Ombudsman, Office of Citizen Complaints