Advisory Opinion 1059
BALD/Fund-Raising Activities for Non-Profit Organizations

ISSUES: WHETHER A KING COUNTY EMPLOYEE'S PERSONAL SOLICITATION OF DONATIONS FROM PERSONS DOING BUSINESS WITH THAT EMPLOYEE'S DEPARTMENT IS A CONFLICT OF INTEREST?

A County employee who is also a board member for a non-profit organization is asked by that organization to assist in a fund-raising effort. A potential conflict arises in the probability that solicitations would be made to principle business interests who do or seek to do business with Building and Land Development.

ANALYSIS: In reviewing this request, the Board noted that it is possible for an employee to hold membership on the boards of non-profit organizations and to participate in fund-raising efforts without violating the Code of Ethics. For example, an employee's name could appear, in conjunction with the names of other board members, on stationery used as part of the solicitation campaign. However, in this particular case, a responsible employee would be in the position of soliciting from persons doing business with his own department. Such activity violates the standards of just and equitable treatment and may be perceived as an attempt to induce or coerce4 businesses and organizations (Section 3.04.020). This situation presents a real conflict of interest, because it is impossible for this employee to separate his official duties from his non-profit organizational affiliation.

OPINION: Therefore, it is the opinion of the Board that an employee in this case cannot:

• 1. Individually contact persons for solicitation of donations either by letter or in person when those persons do business or are seeking to do business with King County.
• 2. Provide follow-up solicitations on a one-to-one basis to anyone who is doing business or seeking to do business with King County.

Fund-raising activities in this context violates the Code of Ethics.

REFERENCES: King County Code of Ethics, section 3.04.020 and 3.04.030.

Issued on the 27th day of JANUARY, 1993

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

Members:

Dr. J. Patrick Dobel, Chair
Timothy Edwards, Esq.
Rev. Paul Pruitt

cc:

Tim Hill, King County Executive
King County Council Members
Rella Foley, Director
Ombudsman, Office of Citizen Complaints
Quentin Yerxa, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Greg Kipp, Manager, King County Building and Land Development Division
Irv Goddard, Supervising Engineer, Platting Unit, Building and Land Development Division