Advisory Opinion 91-05-1011
Kingdome/Plaques

ISSUE: WHETHER OR NOT EMPLOYEE RECEIPT OF PLAQUES PRESENTED BY LEASE HOLDERS IN APPRECIATION FOR SERVICE RENDERED AND OR USE OF A COUNTY FACILITY CONSTITUTES A VIOLATION OF THE KING COUNTY CODE OF ETHICS

Opinion: The Board finds that under 3.04.017 the definition of gift specifically means, 'anything of economic value'. The definition states that plaques of 'no commercial value' are not deemed to be of 'economic value' and therefore receipt of such is not deemed to a violation of the Code of Ethics.

However, if plaques bear a precious stones or are made of precious metals such as gold, receipt of such would constitute a violation of the King County Code of Ethics not because of the very nature of them being gifts, but because of the significant economic value attached to the materials that they are made of.

Based on the information forwarded to the Board and through our deliberation, we are of the opinion of that the personalization of the plaques severely reduces both the economic and commercial value and therefore the Board categorizes these plaques as 'memorial'. Receipt of 'memorials' of this nature does not constitute a violation of the Code of Ethics.

Statement of Circumstances: The Director of King County Department of Stadium Administration (Kingdome) has petitioned the King County Board of Ethics for an advisory opinion generated by the receipt of plaques that he and several other staff members received from the Billy Grahm Crusade director following the completion of the Billy Grahm Crusade held in the King Dome, April 6 - 7, 1991.

The Director noted that the plaques from the Billy Grahm Crusade came with the names of recipients engraved on them. In addition, he noted that it is not unusual for staff at the Kingdome to receive plaques of this nature following an event held in the Kingdome. He further noted that prior to requesting an advisory opinion from the Board of Ethics, staff members who received plaques governed the use at their own discretion.

Analysis:

AUTHORITY RELIED UPON

3.04.017 Definitions.

G. "Gift" means anything of economic value, but shall not include campaign contributions regulated by the provisions of RCW Ch. 42.17, the King County Charter and ordinances implementing them, informational materials exclusively for official or office use, memorials, trophies, and plaques of no commercial value, gifts of $20.00 or less for bona fide, non-recurring, ceremonial occasions or any gifts which are not used and which within thirty days after receipt are returned to the donor, or donated to a charitable organization without seeking a tax deduction.

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:

B. Is beneficially interested, directly or indirectly, in any contract, sale, lease, option or purchase that may be made by, through, or under the supervision of the employee, in whole or in part, or accepts, directly or indirectly, any compensation gift or thing of value from any other person beneficially interested therein;

C. Accepts or seeks for others, directly or indirectly, any 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 not 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 official duties.

A conflict shall be deemed to exist where a reasonable and prudent person would believe that the gift, compensation, thing of value, or more favorable terms, was given for the purpose of obtaining special consideration or to, influence county action. * * *

ISSUED ON THE ___________ day of __________, May 1991.

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

Members:

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

JPD:dwm

cc:

Tim Hill, King County Executive
King County Councilmembers
Bob Stier, Deputy Prosecuting Attorney
Rella Foley, Ombudsman, Office of Citizen Complaints
Jesus Sanchez, Director, Executive Administration
Department of Stadium Administration Management Team
David R. Leach, Director, King County Purchasing Agency
Niki A. Lenden, Senior Buyer, King County Purchasing Agency