Advisory Opinion 95-01-1108
OFM/Solicitation for Charitable Campaign Drive

ISSUE: WHETHER IT WOULD BE A VIOLATION OF THE CODE OF ETHICS FOR COUNTY EMPLOYEES TO SOLICIT DONATIONS OF PRIZES FROM PRIVATE BUSINESSES ON BEHALF OF THE EMPLOYEE CHARITABLE CAMPAIGN COMMITTEE OR FOR THE ANNUAL TRANSPORTATION FAIR?

Opinion: Solicitation and donation of gifts in support of the annual Employee Charitable Giving Campaign as codified in KCC 3.36 or the annual Transportation Fair would not violate the Code of Ethics when solicitation is restricted to municipalities or other public agencies. However, County employees and officials may not solicit from other persons unless specifically authorized by ordinance.

Statement of Circumstances: The Employee Charitable Giving Campaign is an annual event during which federations of non-profit organizations conduct information sessions or give presentations to County employees to encourage charitable giving. The annual Transportation Fair provides County employees with information on alternatives to driving alone, and acquaints them with the various transportation options offered by the County. The organizers of both the charitable campaign and the transportation fair solicit donations prizes from local businesses and these prizes are subsequently awarded to County employees by random drawing at kick-off events. The Board of Ethics has been asked to decide whether such solicitation would violate the Code of Ethics?

Analysis: In Advisory Opinions 1013 and 1014, the Board of Ethics considered whether County employees could receive prizes donated to support both the charitable campaign and the annual transportation fair. At the time these opinions were issued, donors of these prizes were understood to be governmental agencies or municipal entities. Based on this understanding, the Board concluded that it would not be a conflict for employees to receive prizes because governmental units of the State of Washington and the United States are excluded from the Code unless otherwise specified (K.C.C. 3.04.017 K), and because the donations were not intended to influence a County action. Therefore, acceptance of the donated prizes would not conflict with the performance of official duties. The issue of whether receipt of donated prizes is a conflict of interest under the Code of Ethics, however, is very different from the question of whether County employees should be able to solicit private businesses.

Section 3.04.020 C of the Code of Ethics provides 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 previous advisory opinions on the issue of solicitation (1030, 1031, 1034, and 1075), the Board has consistently maintained that this section of the Code of Ethics contains a strong presumption against solicitation by County employees. Whenever a public agency seeks to solicit from persons who do business with that agency, or who may seek to do business with that agency, these persons may feel compelled to donate because it would be disadvantageous to do otherwise, i.e., failure to donate might affect a future contractual relationship. Even when coercion or inducement seem to have been unlikely, an appearance of impropriety may remain. The appearance standard applies even if solicitation is conducted for the benefit of non-governmental agencies who arguably perform a public purpose.

References: King County Code of Ethics, section 3.04.017 (K), 3.04.020 (C), K.C.C. 3.36; Advisory Opinions 1013, 1014, 1030, 1031, 1034, and 1075.

ISSUED THIS ___________ DAY OF ___________________, 199__.

Signed for the Board: Timothy G. Edwards, Chair

Members:

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

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
Kathy Gehring, Chair, Employee Charitable Giving Campaign, OFM
Ann Martin, Transportation Planner, Roads & Engineering Division, Public Works