ADVISORY OPINION 1057

BALD/Outside Employment

ISSUE: WHETHER A PLANS EXAMINER'S OUTSIDE EMPLOYMENT AS A REAL ESTATE APPRAISER REPRESENTS A CONFLICT OF INTEREST?

OPINION: The employee must obtain prior approval for his outside employment and he also must:

1. Restrict business activities to unincorporated King County and does not overlap into unincorporated King County.

2. Confine business activities to jurisdictions where the building and Land development division has not contracted as a regulatory agency.

3. Not incur any financial benefit or accept gratuities form real estate agency activities within King county.

STATEMENT OF CIRCUMSTANCES: A King County Plans Examiner in the Building and Land Development Division is considering outside employment as an independent appraiser with a real estate agency that does business with the County. The employee has indicated that any business activity within unincorporated King County would only include analysis of existing structures an would exclude analysis of any structures awaiting permits from BALD.

ANALYSIS: During its deliberations the Board rejected the employee's distinction that his outside employment as a real estate appraiser would pose no conflict as long as he confined his appraisals to existing structures in unincorporated King County, while specifically excluding those structures awaiting permits from Building and Land Development. Outside employment in unincorporated King County, particularly in the areas of real estate sales, development, or appraisal, necessarily invites conflict with the Code of Ethics.

In looking more closely at this case, the Board decided conflict could occur in two main areas: discussions of future/ outside employment with an agency who does business or seeks to do business with the County , an outside employment in an area related to the employee's official duties. As a plans Examiner, the employee reviews building plans and frequently interacts with real estate appraisers and others seeking building permits from King Count. In accordance with real estate appraisers and others seeking building permits from King County. In accordance with Advisory opinion 1039, this employee is considered "responsible" and must disclose discussions or offers of employment (Section 3.04.30).

The Board is concerned when employees with immediate or privileged access to certain types of information consider employment in areas related to their official County duties. Access to such information would provide a county employee with a decided advantage and would create both the appearance and reality of a conflict of interest.

References: King County of Ethics, section 3.04.030.

ISSUED THIS ___________ DAY OF _____________, 1999.

Signed for the Board: _____________________________