Advisory Opinion 95-11-1134
Accessible Services/Outside Employment

ISSUES: WHETHER PART-TIME COUNTY TRANSIT DRIVERS MAY ALSO BE EMPLOYED BY CONTRACT SERVICE OPERATORS IN THE ACCESS TRANSPORTATION PROGRAM?

The Accessible Services Section of the Department of Metropolitan Services contracts with service operators to provide paratransit services for people with disabilities who cannot access fixed route buses. These operators may hire part-time transit drivers from the county to operate ACCESS transportation vehicles. The Accessible Services Section has asked whether such outside employment creates a conflict of interest under the Code of Ethics?

ANALYSIS: In reviewing this request, the Board of Ethics understands that the sole responsibility of part-time transit drivers who engage in outside employment for ACCESS contract service operators is to operate vehicles. The selection and award of ACCESS transportation contracts is managed by the Accessible Services Section, and transit operators are not involved in the selection or award process. In addition, contracts with the service operators do not attempt to influence the selection of part-time transit drivers as potential employees. Section 3.04.030(I) of the Code of Ethics provides that a county employee shall have a conflict of interest if the employee directly or indirectly:

Engages in or accepts compensation, employment or renders services for any person or a governmental entity other than King County when such employment or service is incompatible with the proper discharge of official duties or would impair independence of judgment or action in the performance of official duties.

On the basis of this provision, the Board finds that part-time transit drivers would not have a conflict of interest when accepting employment with a contract service operator, because such employment is not incompatible with the proper discharge of their official duties on behalf of the county, and because transit operators are not involved in the selection and award process for ACCESS transportation contracts.

OPINION: The Board of Ethics finds no conflict of interest if part-time transit operators seek outside employment with a contract service operator for ACCESS transportation services because such employment is not incompatible with the proper discharge of their official duties on behalf of the county.

REFERENCES: King County Code of Ethics, subsection 3.04.030 (I).

ISSUED ON THE _______________ 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

cc:

Gary Locke, King County Executive
Metropolitan King County Councilmembers
David Krull, Director-Ombudsman, Office of Citizen Complaints
Paul Toliver, Director, Transit Department, Metro
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Cathryn Rice, Supervisor, Accessible Services Section, Metro