Advisory Opinion 95-11-1135
DDES/Doing Business with Current Department

ISSUE: WHETHER A COUNTY EMPLOYEE IS RESTRICTED FROM ENGAGING IN OUTSIDE EMPLOYMENT AND DOING BUSINESS WITH HIS FORMER DIVISION EVEN THOUGH HE CONTINUES EMPLOYMENT BY THE SAME DEPARTMENT?

Opinion: The Board of Ethics finds that a county employee may not conduct business with a former county division because he is still an employee of the department and his position could give the appearance that special consideration or treatment might be granted to him or to his clients.

Statement of Circumstances: An employee in the Building Services Division of the Department of Development and Environmental Services works as an addressing technician. Addressing technicians work in the permit center, and are responsible for the designation of public and private roads in plats and short plats, and for the assignment of residential addresses for residential and commercial permits. This work has provided the employee with broad familiarity of both building services and land use functions. He has worked at the division since 1988.

As a result of a reduction in force, the employee became a .5 FTE for the Building Services Division and a .5 FTE in the E-911 Program earlier this year. Although he will continue to be employed by DDES in the E-911 Program, he will no longer work for the Building Services Division as of January 1, 1996. At that time he proposes to engage in outside employment as an intermediary between builders, remodelers, homeowners, and small business owners and both the Building Services and Land Use Divisions with regard to permit applications. The employee would like to know whether his proposed outside employment will create a conflict of interest under the Code of Ethics?

Analysis: The county's ethics policy affirms that the "private conduct and financial dealings of public officials, employees, and candidates for public office shall present no actual or apparent conflict of interest between the public trust and private interest" (K.C.C. 3.04.015). Although the issue in this request is not covered by a specific conflict of interest provision within the Code of Ethics, the Board is concerned that the employee's work relationships within the Building Services Division and his proposed outside employment would nonetheless create the appearance of a conflict of interest and could violate the just and equitable treatment standard found in K.C.C. 3.04.020(B) and which states:

No county employee shall grant any special consideration, treatment or advantage beyond that which is available to every other citizen.

The employee's long-term association with the Building Services Division, and his familiarity with both personnel and policies and procedures could appear to give him an advantage in gaining clients for his outside business. In addition, since the employee would still be working for DDES in the E-911 Program, the perception that either clients could gain special consideration, or that other county employees might grant special consideration or treatment based on an existing and on-going work relationship with the employee, would seem all the more probable.

It is for these reasons that the Board of Ethics finds that the employee's proposed outside employment would be a conflict of interest because he would be dealing directly with an agency where he has a continuing employment relationship, and could therefore be perceived as using his county position to further a personal financial interest.

References: King County Code of Ethics, sections 3.04.015 and 3.04.020 (B).

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 Councilmembers
David Krull, Director-Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Bob Derrick, Director, Department of Development and Environmental Services
Michael Frawley, Manager, Administrative Services Division, DDES