ADVISORY OPINION 1063

DDES/Outside Employment

ISSUE: WHETHER OUTSIDE EMPLOYMENT AS A REAL ESTATE AGENT WOULD PRESENT A CONFLICT OF INTEREST FOR A KING COUNTY EMPLOYEE IN THE DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES

OPINION: In Advisory opinions 1055 and 1057 the Board concluded that outside employment in real estate need not be a conflict of interest as long as certain conditions were met. The Board reiterated that view in this instance and included the proviso that " County resources must not used during County time in support of outside business interest." In addition, the Board reminds departments that the Code of Ethics does not prelude them form adopting their own guidelines as to what types of outside employment may be in inappropriate for their employees.

STATEMENT OF CIRCUMSTANCES: A King County employee who maintains records for county subdivisions in the Department of Development and Environmental Services has completed requirements for a real estate license and has indicated an intention to work for a Seattle real estate firm. The Board of Ethics has been asked to determine whether this type of outside employment would create a conflict of interest under the Code of Ethics.

ANALYSIS: The Board has decided two other cases regarding outside employment in real estate for King County employees working in the Real Property Division and in the former Department of Development and Environmental Services (Advisory Opinions 1055 and 1057). In these opinions, the Board expressed its concern about the appearance of unfair advantage which might result when County employees with immediate access to information by reason of their position consider certain types of outside employment related to their official duties. Section 3.04.020(A) of the Code of Ethics provides that:

References: King County Code of Ethics, sections 3.04.020 and 3.04.037

ISSUED THIS ___________ DAY OF _____________, 1999.

Signed for the Board: _____________________________