Advisory Opinion 91-05-1014
Charitable Giving Fairs

ISSUE: WHETHER OR NOT EMPLOYEE RECEIPT OF PRIZES DONATED BY LOCAL BUSINESS AND AGENCIES DURING ANNUAL CHARITABLE GIVING FAIRS CONSTITUTES A VIOLATION OF THE KING COUNTY CODE OF ETHICS?

Opinion: Therefore, the King County Board of Ethics finds no violation of the Code of Ethics in employee receipt of donated prizes or gifts from local agencies, businesses or governmental units at Charitable Giving Fairs for the following reasons:

1. The prizes which are donated by municipalities or public agencies are not from persons;

2. Charitable Giving Fairs are open to all King County employees;

3. The Board does not find that prizes are given with a clear intent to influence business with the County;

4. The board does not find that employee acceptance of these gifts to be in conflict with the performance of the official duties.

5. The Board does not find that gifts are donated for the purpose of influencing County action.

Statement of Circumstances: A Transportation Planner in the Roads and Engineering Division of the Department of Public Works has solicited an advisory opinion from the King County Board of Ethics generated by the donation of prizes received from local agencies and businesses to King County employees. These prizes are awarded to employees who win drawings at Charitable Giving Fairs. Drawings for prizes are open to all King County Employees in attendance and the public at large may attend.

Analysis: The first Charitable Giving Fair was held in 1990 in the second floor lobby area of the King County Courthouse. The Charitable Giving Fair is modeled after annual Transportation Fairs which are held to encourage employees to use alternatives to driving alone to work. The Charitable Giving Fair is presented by the Charitable Contributions Committee as a kick-off to campaign month for the purpose of introducing employees to the non-profit federations seeking donations. Prizes vary in value and range in variety from T-shirts to posters and seed packets along with prizes left over from previously held events.

The Section 3.04.017 K of the Code specifically excludes governmental units of the States of Washington or the united States in its definition of person. If Gifts are solicited from them or received from them because they are left over from previously held events, governmental units are not prohibited from donating gifts to the County. Metro, Community Transit, Pierce Transit, the City of Seattle, Washington State Department of Transportation and Washington State Ferries are governmental units.

Section 3.04.030 C describes a conflict of interest in "Accepting anything 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". The Board notes the Charitable Giving Fairs are open to all county employees and does not find acceptance of donated gifts to be a violation of the Code in this regard.

It is not clear that any of the gift donors are, as described in Section 3.04.030 D of the Code, 'seeking to do business with the county' or if the acceptance of donated gifts conflicts with the performance of the employee's official duties. Nor, do we find that the gifts are being donated for the purpose of obtaining special consideration or to influence county action.

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.

K. "Person" means 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.

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 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
Transportation Management Program Taskforce Members
Employee Charitable Campaign Committee Members
Bill Hoffman, Manager, Transportation Planning Section
Paul Tanaka, Director, Department of Public Works
ATTN: Louis J. Haff, County Road Engineer