Gifts/Gratuities

ISSUE: POSSIBLE CONFLICT OF INTEREST WHEN AN EMPLOYEE IN THE DEPARTMENT OF ASSESSMENTS RECEIVES GIFTS OR GRATUITIES FROM A COUNTY BUSINESS OWNER?

Opinion: Analysis of the Code of Ethics is not designed to regulate all aspects of personal life. However, it is designed to protect the independence of professional judgment from influences that might undermine it and to preserve fair and impartial treatment for all citizens.

The acceptance of gifts is prohibited from a person doing business or seeking to do business with the county in an area where one has responsibility and substantially participates in decisions. Similarly, the receiving of gifts is prohibited where it may conflict with the performance of duty or where the gift was given for the purpose of obtaining special consideration or to influence county action.

Long standing friendships with the remote possibility of official interaction clearly does not constitute a conflict of interest. Similarly, the exchange of gifts and gratuities among such friends does not constitute a conflict of interest.

Depending on the facts and the discretion of the person involved, the exchange of gifts, the acceptance of gratuities could pose a potential conflict of interest. For instance, as was suggested in the letter requesting an advisory opinion:

If a good personal friend appeared before you in the exercise of your official capacity, this could pose a threat to your impartial and independent judgment. In this circumstance, you should notify your superior of the potential conflict of interest and act appropriately.

Statement of Circumstances: Whether or not receipt of gifts and or gratuities from a friend who is a Veterinarian Business owner in King County presents a conflict of interest.

An employee in the King County Assessor's office has inquired whether the exchange of gifts or the receipt of discounts from a long standing friend who owns a business in King County constitutes a conflict of interest. The person is concerned that this friend or business owner might possible appear before him in his official capacity as an assessments auditor and that this possibility creates a conflict of interest.

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:

C. Accepts or seeks for others, directly or indirectly, and employment, travel expense, service information compensation, gift or thing of value on more favorable terms than those granted to other county employees or the public generally, from any person, doing business, or seeking to do business with the county for which the employee has responsibility or with regard to which he or she may participate, provided that this subsection shall apply to the receipt by elected officials, or by employees who are supervised directly by an elected official, of meals, refreshments or transportation within the boundaries of King County when given in connection with meetings with constituents or meetings which are informational or ceremonial in nature;

D. Accepts, directly or indirectly, any gift, favor, loan, retainer, entertainment, travel expense, compensation or other thing of value from any person doing business or seeking to do business with the county when such acceptance may conflict with the performance of the employee's official duties.

3.04.037 Duty to notify supervisor. Any employee who becomes aware that he or she may have a potential conflict of interest which arises in the course of his or her official duties shall notify in writing his or her supervisor or appointing authority of such potential conflict. (Ord. 9704 S 8, 1990).

ISSUED ON THE ____________ day of ________________, 1991

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

Members:

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

cc:

Tim Hill, King County Executive
King County Councilmembers
Bob Stier, Deputy Prosecuting Attorney
Rella Foley, Ombudsman, Office of Citizen Complaints
Ruth Ridder, King County King County Assessor
Ken Morse, Manager, Personal Property Division, King County Assessor's Office
Mari Slabaugh, Manager, Support Section, King County Assessor's Office