Advisory Opinion 92-04-1045
Union/Personal Use of County Vehicles

ISSUE: DOES EMPLOYEE USE OF ASSIGNED COUNTY VEHICLES FOR PERSONAL CONVENIENCES VIOLATE THE KING COUNTY CODE OF ETHICS?

Opinion: The Board reviewed the Policies and Procedures established by the Department of Public Works and considered both normal and extraneous working circumstances of employees with assigned vehicles in the field. The King County Board of Ethics believes that the existing King County policies (King County General Administrative Policies and Procedures FES 12-2 A-EP and King County Executive Orders, Policies and Procedures FES 12-1-2 AEP) cited herein articulates the requirements of the King County Ethics Code.

Statement of Circumstances: The Business Representative for Local 17 has solicited an advisory opinion from the King County Board of Ethics to determine the impact of the new Code of Ethics on its members. The Union prepared a questionnaire for its members to respond to the issue of the ability of the county employees to use county vehicles for personal matters evolved as a major concern of the membership.

Analysis: King County Fleet Administration at present has three hundred and twenty three-assigned vehicles for persons in the various organizational units to use for official King County business. In addition, there are approximately thirty-eight unassigned dispatch cars available for employee use on a first come basis. Employee use of County vehicles often carries over into the lunch hour and authorized employee break periods.

The King County Department of Public Works has set forth General Administrative Policies and Procedures as well as Executive Orders, Policies and Procedures regarding employee use of County-owned vehicles. The first has been in place since August 1990, and the latter followed in October 1991. The Board finds that both policies are consistent with the King County Code of Ethics which prohibits use of County property (i.e. vehicles, equipment, materials, property or the expenditure of county funds) for personal convenience or profit.

AUTHORITY RELIED UPON

3.04.020 Just and equitable treatment. A. Use of Public Property. 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 employee in the conduct of official business.

3.04.030 Conflict of interest. No county employee shall engage in any act which is in conflict with the performance of official duties. A county employee shall be deemed to have a conflict of interest if the employee directly or indirectly:

C. Accepts or seeks for others, directly or indirectly, any employment, travel expense, service, information, compensation, gift or thing of value on more favorable terms than those granted to other county employees or the public generally, from any person doing business, or seeking to do business with the county for which the employee has responsibility or with regard to which he or she may participate, provided that this subsection shall not apply to the receipt by elected officials, or by employees who are supervised directly by an elected official, of meals, refreshments or transportation within the boundaries of King County when given in connection with meetings with constituents or meetings which are informational or ceremonial in nature;

King County General Administrative Policies and Procedures FES 12-2 (A-EP)
6.1. The assignment of a take home vehicle is a privilege, not a right of any employee of King County.

6.6 Employees with assigned vehicles will comply with all departmental and King County reporting requirements and utilization restrictions. County vehicles may not be used for personal business nor may they be used to transport persons other than County employees.

King County Executive Orders, Policies and Procedures FES 12-1-2 (AEP)
6.1.5 Personal use of assigned County cars not accounted for as business use in accordance with IRS regulations is subject to be reported as auto fringe benefit compensation.

6.3.4 Except where reasonably necessary to accommodate the employee's meals, other physical needs, and approved breaks, county vehicles (assigned or dispatched) may not be used for personal business even though that personal business may not result in additional cost to King County. The King County Public Safety Car-Per-Officer (CPO) is excluded from this provision.

ISSUED ON THE _____________________ day of __________________, 1992

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

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cc:

Tim Hill, King County Councilmember
King County Councilmembers
Robert Stier, Deputy Prosecuting Attorney and Legal Counsel, King County Board of Ethics
Rella Foley, Ombudsman, Office of Citizen Complaints