Advisory Opinion 95-4-1119
Board of Ethics/Solicitation for Donations

ISSUE: WHETHER SOLICITATION OF CONTRIBUTIONS FOR THE PURPOSES OF RECOGNIZING EMPLOYEE BIRTHDAYS OR SPECIAL OCCASIONS WOULD VIOLATE THE CODE OF ETHICS?

Opinion: While the Code of Ethics does not prohibit solicitation of donations to purchase cards or gifts to recognize special days for other County employees, i.e., birthdays, weddings, etc., or to express condolences, caution must be exercised to ensure that no County employee feels compelled to donate. Solicitations must be purely voluntary; ensure the anonymity of contributors, and not be restricted to the recognition of only supervisory personnel.

Statement of Circumstances: It is common practice in most workplaces to pass an envelope around the office and collect donations to buy cards and/or modest gifts in recognition of birthdays, special occasions, or to express condolences. However, because the Code of Ethics contains numerous provisions relating to acceptance of gifts, and also implicitly prohibits solicitation, many employees are uncertain whether collecting money from co-workers, subordinates, and management for personal observances would violate the Code of Ethics. The Board of Ethics renders this advisory opinion to clarify the issue for County employees.

Analysis: Subsection 3.04.017 G of the King County Code of Ethics defines gift as:

. . . anything of economic value, but shall not include campaign contributions regulated by the provisions of RCW Ch. 42.17, the King County Charter and ordinances implementing them, informational materials exclusively for official or office use, memorials, trophies, and plaques of no commercial value, gifts of $20.00 or less for bona fide, non-recurring, ceremonial occasions or any gifts which are not used and which within thirty days after receipt are returned to the donor, or donated to a charitable organization without seeking a tax deduction.

Acceptance of gifts, as defined above, figures prominently in many of the Code's conflict of interest provisions; however, these restrictions refer to acceptance from persons outside of King County government and do not apply to gifts that County employees may give to other County employees. Therefore, acceptance or receipt of gifts from other County employees would not necessarily violate the Code of Ethics.

The solicitation of donations to recognize birthdays or special occasions is a common occurrence within both the private and public sector. This practice contributes to morale in the workplace, and allows co-workers to exchange normal pleasantries. However, participation in such solicitations must be purely voluntary. While all employees should be offered the opportunity to participate in such events, the freedom not to participate must be respected. Problems may arise whenever an employee feels obligated to contribute to special events, particularly when a solicitation is for supervisory personnel. Subsection 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.

While the Board of Ethics does not believe that supervisory personnel intend to induce or coerce their subordinates into contributing for gifts, subordinate employees may nonetheless feel compelled to give. The potential for implicit coercion or inducement is increased when a supervisor holds an appointed or elective position in County government.

For these reasons, it is the responsibility of every supervisor to ensure that such practices are not coercive. The Board offers these guidelines to ensure that solicitation for special events will not result in the perception of coercion or inducement. Such solicitations would:

• Be purely voluntary;

• Ensure the anonymity of employees who decide to contribute (i.e., lists of names or initials of contributors should not be required or solicited);

• And, not be restricted to recognition of only supervisory personnel.

If County employees reasonably perceive that they are being coerced to contribute, or a solicitation suggests coercion, it would violate the Code of Ethics.

References: King County Code of Ethics, section 3.04.017 G and 3.04.020 C.

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 Council Members
Jan Cloonan, Acting Director-Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Department Directors and Division Managers