Advisory Opinion 95-02-1117
Transit Department/Acceptance of Travel Expenses

ISSUE: WHETHER, OR UNDER WHAT CIRCUMSTANCES, A COUNTY EMPLOYEE MAY ACCEPT PAYMENT OF TRAVEL EXPENSES FROM A PERSON WHO DOES BUSINESS WITH THE COUNTY?

Opinion: Based on these circumstances, the Board of Ethics finds it would be a conflict of interest to accept payment for travel expenses from Insul-8. There would be no conflict, however, if the County paid for such expenses.

Whenever a person who does business, or seeks to do business, with the County offers compensation, gifts, or things of value to County employees there can be a strong perception that the intent of the offer is to obtain special consideration or to influence County action. All such offers violate the Code of Ethics.

Statement of Circumstances: Metro's depends on the use of retrievers to power its trolley fleet, and is the largest user of such retrievers in the United States. In 1986, in an effort to reduce the high injury rate among its maintenance staff, Metro switched to Delachaux retrievers. When the Delachaux retriever was first introduced, performance was poor; however, modifications made by the maintenance staff remedied performance problems, and the modifications were subsequently adopted by Delachaux and incorporated into all its retrievers.

Insul-8, a manufacturing company, has a proprietary distributorship for Delachaux's products in the United States. Although the quality of the product delivered by Delachaux has met Metro's needs, the service of its distributor has not, and the lag time between the order and delivery of replacement parts has disadvantaged maintenance work on the trolley fleet. After Metro repeatedly complained about the lack of efficient service by Insul-8, representatives from both Delachaux and Insul-8 visited Metro to discuss its needs and get recommendations for improved distribution. As a result of that visit, Insul-8 has invited two employees from Metro's vehicle maintenance section and a buyer to an on-site inspection of its plant in the Midwest. The purpose of this inspection is to establish a common understanding on replacement parts, modifications, and distribution schedules to improve service. Insul-8 has offered to pay all travel expenses associated with the visit. The Transit Department has asked the Board of Ethics to determine whether acceptance of this offer would violate the Code of Ethics?

Analysis: While the Board of Ethics has not previously considered a similar situation in its advisory opinions, it has been the Board's view that any offer of compensation, gifts, or things of value from persons who do, or seek to do, business with the County would be a violation of the Code of Ethics. Subsection 3.04.030 C of the Code of Ethics establishes a conflict of interest when a County employee:

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 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.

One of the primary purposes of the Code of Ethics is to maintain standards which will ensure the impartiality of County officials and employees in all public transactions and decisions. Such impartiality may be called into question when employees accept anything of value from persons who do business with the County.

References: King County Code of Ethics, section 3.04.030 (C).

ISSUED THIS ___________ DAY OF ___________________, 199__.

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

Members:

Dr. J. Patrick Dobel, Chair Timothy Edwards, Esq.
Rev. Paul Pruitt
Ron Carlson
Dr. Lois Price Spratlen

JPD/mag

cc:

Gary Locke, King County Executive
Metropolitan King County Council Members
Susan Baugh, Director-Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Brian O'Leary, Manager, Vehicle Maintenance Division, Transit Department
Jim Nale, Acting Supervisor, Unit Repair, Vehicle Maintenance Division
Bill Maser, Chief, Electrical Group, Unit Repair, Vehicle Maintenance Division