Advisory Opinion 1083
Department of Public Safety/Solicitation

ISSUE: WHETHER THE DEPARTMENT OF PUBLIC SAFETY CAN STRUCTURE A GUN "BUY-BACK" OR EXCHANGE PROGRAM THAT MEETS THE REQUIREMENTS OF THE CODE OF ETHICS?

Opinion: The Board of Ethics finds that a gun exchange program does not violate the Code of Ethics if it can ensure that no person or organization will be coerced or unduly influenced into donating. The provisions of the Code are met if a mechanism is established to preserve the anonymity of contributors and to ensure that excess funds are disposed of in accordance with state law and county ordinance.

Statement of Circumstances: The Federal Way Police Department of the King County Department of Public Safety is interested in developing a county-wide program for turning in guns. The goals of the program are to reduce the availability of firearms generally and to promote responsible gun ownership among the citizens of the city. In other places where similar programs have already been introduced, citizens are offered a private inducement, such as money or gift certificates, in return for their guns. The department would like the Board of Ethics to consider how a gun exchange program could be structured so that it does not conflict with the Code of Ethics.

Analysis: The Board of Ethics has issued four opinions relating to the issue of solicitation from persons or businesses in support of County-sponsored events. In Advisory Opinions 1030, 1031, 1034 and 1075, the Board concluded on the basis of section 3.04.020(C) of the Code of Ethics that:

"Except as authorized by law and in the course of his or her official duties, no county employee shall use the power or authority of his or her office or position with the county in a manner intended to induce or coerce any other person to provide such county employee or any other person with any compensation, gift, or other thing of value directly or indirectly."

In interpreting this section of the Code, the Board found that implicit coercion or inducement exists when a County employee solicits from businesses for County-sponsored events. Furthermore, it is the Board's position that donations plainly constitute gifts as defined by section 3.04.017(G) of the Code, and the solicitation of donations of gifts without specific authorization from the County Council is prohibited.

However, the issue raised by the Department of Public Safety in this request, namely whether it can develop or structure a gun exchange or buy-back program which conforms to the Code of Ethics, differs from previous requests on solicitation because the program would clearly be in the interest of the public rather than in the interest of County employees. In addition, the goals of the program will increase public confidence in the ability of government to protect citizens. Despite these facts, it is still essential that no person or organization feel coerced into making contributions to this program.

Therefore, to avoid the appearance of coercion or undue influence, the Board suggests establishing an account into which citizens and private organizations and businesses can anonymously donate funds for the purposes of a gun exchange program. Any surplus funds remaining after termination of the program may be donated to a charitable organization registered in accordance with R.C.W. 19.09, or can be transferred to the County's general fund.

References: King County Code of Ethics, sections 3.04.017(G), 3.04.020 (C), and R.C.W. 19.09.

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

JPD/mag

cc:

Gary Locke, King County Executive
Metropolitan King County Council Members
Susan Baugh, Director-Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Major Robert Evans, Commander, Federal Way Police Department
Lieutenant Richard Baranzini, Department of Public Safety
Kyle Aiken, Legal Advisor, Department of Public Safety