Advisory Opinion 91-05-1012
Mariners/Kingdome Groundscrew Uniforms

ISSUE: WHETHER OR NOT KINGDOME GROUNDS CREWMEMBER'S RECEIPT OF UNIFORMS AND OTHER ITEMS FROM THE MARINERS 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 gifts 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.

Grounds Crewmembers receipt of uniforms is a normal business practice of nearly all major league baseball teams. The receipt of the uniforms is for all members of the Grounds Crew. The Board of Ethics does not assume that Grounds Crewmembers have responsibility in the manner that the Code of Ethics suggests in Section 3.04.030 C, nor do we find any award process. Neither do we find that the gifts are given as an attempt to obtain special consideration to influence County action as referred to in Section 3.04.030 D. The Board is of the opinion of that the use including wear and tear of the uniforms, hats and shoes during the Mariner baseball team's practice sessions and home games severely reduces both their economic and commercial value. The Board furthermore categorizes the said items as 'gifts of $20.00 or less for bona fide, non recurring ceremonial occasions.' Receipt of such does not constitute a violation of the Code of Ethics.

Therefore, the Board in this instance finds no conflict of interest in the receipt of uniforms, hats and footwear used for the purpose stated.

Statement of Circumstances: The Director of King County Department of Stadium Administration (Kingdome) has petitioned the Board of Ethics for an advisory opinion regarding the annual supply of new uniforms along with baseball hats, and footwear which is supplied by the Mariners. These items are distributed to Stadium Grounds Crewmembers for their use during the Mariner baseball team's practice sessions and home games held in the Kingdome. The Director noted that Grounds Crewmembers are not allowed to take the items home until after the conclusion of the baseball season and added that the distribution and use of like uniforms to stadium grounds crewmembers is a common practice instituted by nearly all twenty-six major league baseball teams.

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's 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 ______________, 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