Advisory Opinion 97-04-1154
Public Safety/Private Sector Solicitation

ISSUES:

1. WHETHER A PUBLIC SAFETY EMPLOYEE MAY USE COUNTY RESOURCES TO SUPPORT DEPARTMENTAL PARTICIPATION IN THE PUGET SOUND DOMESTIC VIOLENCE CONFERENCE, A NON-PROFIT ENTITY?

2. WHETHER PUBLIC SAFETY EMPLOYEES MAY SOLICIT FROM PUBLIC AND PRIVATE ENTITIES IN SUPPORT OF THE PUGET SOUND DOMESTIC VIOLENCE CONFERENCE?

Opinion: The Board of Ethics finds that use of county resources to support the prevention of domestic violence through participation in the Domestic Violence Conference and as defined by state and county law would not violate the Code of Ethics.

With regard to solicitation, the Code of Ethics does not prohibit county employees from soliciting on behalf of either non-profit or private entities when conducted on an employee's own time and when such activities do not entail the use of county facilities or resources. County employees may also not represent themselves before prospective donors in an official capacity to avoid creating the appearance that county position is being used to acquire a thing of value or other benefit. Such representations may create an impression among prospective donors that the offer of a donation, or the lack thereof, could influence a county action.

Statement of Circumstances: Four years ago, the Puget Sound Domestic Violence Conference, a non-profit entity, was formed by representatives from law enforcement, judiciary, and prosecutorial agencies. Conference sponsors are the governments of King County, Pierce County, the City of Seattle, and the City of Tacoma. Prior to this year, the group sponsored an annual domestic violence conference for public sector employees. The group now proposes to expand the conference to include domestic violence in the workplace generally, and intends to invite private sector employers and employees. To support this expansion, the group would like to solicit a donation of meeting space and in-kind donations from the private sector. All donations would be used to support the annual conference.

The Department of Public Safety requires its Domestic Violence Liaison to participate in the group and to provide technical and physical assistance. In this capacity, the liaison has used county resources to support the work of the conference. The Board of Ethics has been asked to determine whether county resources may be used in support of the Domestic Violence Conference; and, whether employees of the Department of Public Safety may solicit donations from the private sector?

Analysis: In considering these questions, the Board notes that, in general, the work of the Puget Sound Domestic Violence Conference finds support in RCW 26.50, the Domestic Violence Prevention Act, and RCW 10.99, Domestic Violence-Official Response. The Domestic Violence Prevention Act provides specific remedies and relief for the victims of domestic violence, and also provides for the development and preparation of informational brochures, forms and handbooks relating to domestic violence and "prepared in consultation with interested persons, including a representative of the state domestic violence coalition, judges, and law enforcement personnel." RCW 10.99 additionally provides for specific training in domestic violence issues for law enforcement officers.

The Board believes that these provisions of state law are important in determining the legitimacy of using county resources to support the objectives of the Domestic Violence Conference. K.C.C. 3.04.020(A) provides that:

No county employee shall request or permit the use of county-owned vehicles, equipment, materials or property or the expenditure of county funds for personal convenience or profit. Use or expenditure is to be restricted to such services as are available to the public generally or for such employees in the conduct of official business.

A compelling argument can be made in this case that the work of the conference constitutes official business and can therefore be supported by the use of county resources. In making this determination, the Board considered that the conference's objectives are clearly related to the public safety mission.

The Code of Ethics does not prohibit county employees from soliciting on behalf of either non-profit or private entities of which they may be members, provided that such solicitation takes place on the employee's own time and does not involve the use of county resources. However, in conducting personal solicitations, county employees are cautioned not to represent themselves in an official capacity. This could create an appearance that a county employee is attempting to solicit a thing of value, an action which is prohibited under K.C.C. 3.04.020(C):

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 and compensation, gift, or other thing of value directly or indirectly.

Representing one's official county position can also create an impression among prospective donors that the offer of a donation, or the lack thereof, might influence a county action.

This advisory opinion does not preclude the receipt of unsolicited donations in support of the Domestic Violence Conference, provided such receipt is authorized by motion of the county council; nor does it preclude conference sponsors from charging public and private attendees registration fees that reflect actual conference costs.

References: King County Code of Ethics, section 3.04.020 (A), and 3.04.030(D). RCW 10.99 and 26.50. Related Advisory Opinions 1075, 1083, 1108, and 1109.

ISSUED THIS ___________ DAY OF ___________________, 199__.

Signed for the Board: Dr. Lois Price Spratlen, Chair

Members:

Rev. Paul Pruitt
Ron Carlson
Lembhard Howell

LPS/mag

cc:

Ron Sims, King County Executive
King County Councilmembers
David G. Reichert, Sheriff-Director, Department of Public Safety
Rella Foley, Interim Director-Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Kyle Aiken, Legal Advisor, Department of Public Safety