Advisory Opinion 1078
County Auditor/Use of Cellular Phones

ISSUE: WHETHER THE INCIDENTAL AND PERSONAL USE OF THE COUNTY'S CELLULAR PHONES WOULD BE A VIOLATION OF THE CODE OF ETHICS?

Opinion: The Board of Ethics strongly discourages the incidental and personal use of the County's cellular phones because such use clearly engenders a personal benefit to the employee at County expense. Furthermore, the Code of Ethics contains a strong presumption against any type of personal use of County property. In instances where incidental and personal use of cellular phones must occur, employees should maintain detailed records of such use and reimburse the County at its cost.

Statement of Circumstances: The County Auditor has asked the Board of Ethics to determine whether the incidental and personal use of the County's cellular phones would be a violation of section 3.04.020(A) of the Code of Ethics which states:

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.

If such use would not violate the Code of Ethics, then the Auditor would like the Board to decide whether employees should reimburse the County for such use.

Analysis: The County currently owns over 500 cellular phones and is charged for each minute of cellular phone use by U.S. West and Cellular One, its cellular service providers. Although these phones are generally used for official business, they are occasionally used for personal convenience such as calling home. In Advisory Opinion 1071 the Board of Ethics determined that section 3.04.020(A) of the Code of Ethics clearly contained a strong presumption against the personal use of County property and this would include the use of cellular phones.

The County's negotiated pricing plan with its cellular service providers states that "in order to qualify for the pricing, King County must be the responsible billing party and the individual requesting service must be authorized by King County and acting on behalf of King County." The incidental personal use of cellular phones is a personal convenience and does not constitute an action on behalf of King County. Employees who find it necessary to use cellular phones in an unofficial capacity or in emergency situations therefore become accountable for the costs associated with such use.

References: King County Code of Ethics, sections 3.04.020(A).

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:

Tim Hill, King County Executive
King County Council Members
Don Eklund, County Auditor
Susan Baugh, Director-Ombudsman, Office of Citizen Complaints
Quentin Yerxa, Deputy Prosecuting Attorney and Counsel to the Board of Ethics