Advisory Opinion 1082
Metropolitan Services/Use of County Property

ISSUE: WHETHER IT WOULD BE A VIOLATION OF THE CODE OF ETHICS FOR A COUNTY EMPLOYEE OR GROUP OF EMPLOYEES TO USE COUNTY PROPERTY, FACILITIES, AND EQUIPMENT FOR PURPOSES UNRELATED TO OFFICIAL DUTIES AND RESPONSIBILITIES?

Opinion: Based on the its analysis of Section 3.04.020(A), the Board of Ethics establishes the following guidelines for the use of County property by an employee or group of employees:.

• Use of facilities such as conference or meeting rooms may be allowed to employees on the same basis as such facilities are open to the public for use;
• Use of bulletin boards to communicate with other employees may be allowed on the same basis as is available to the public;
• County time may not be used to conduct unofficial business; and,
• Use of County property which imposes tangible costs to the County is prohibited. This prohibition applies to items such as computers, printers, paper and other supplies, and the County mail system.

These guidelines protect County property from use that could result in increased cost and which is for the pursuit of individual or group interests, as well as allowing for continued exchange between employees or groups of employees.

Statement of Circumstances: The Department of Metropolitan Services (DMS) contains a number of diverse employee associations. Unlike some groups within DMS, e.g., the work-family task force, some of these associations have not been established by, nor sponsored by, a specific department, division, or work unit of DMS. The associations, comprised almost entirely of County employees, conduct regular meetings, solicit membership dues, and publish fliers and newsletters for their membership. The associations would like to use County facilities and property, including conference rooms, bulletin boards, the interoffice mail system, and E-mail, to facilitate the coordination of their activities and to provide information to their members. Consequently, the Department of Metropolitan Services has requested an Advisory Opinion as to whether employee associations may use County property, facilities, and equipment in the conduct of their business.

Analysis: The Board of Ethics acknowledges that the formation of employee associations contributes to the morale and well-being of many County employees. Furthermore, these associations provide valuable insights into ways that County goverment might be more responsive to the needs of the public. In deciding this issue, though, the Board also considered the intent 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.

This section of the Code clearly precludes the use of County property for personal convenience or in furtherance of an individual or group's interest. However, the Code does provide for the use of facilities on the same basis as is allowed to the public.

References: King County Code of Ethics, section 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:

Gary Locke, King County Executive
Metropolitan King County Council Members
Carolyn Purnell, Deputy County Exceutive and Executive Director, Department of Metropolitan Services
Carin Weiss, Deputy Director, Department of Metropolitan Services
Susan Baugh, Director-Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Phil Thompson, Human Resources Staff Attorney, Department of Metropolitan Services
Marvin Glass, Manager of Employee Relations, Department of Metropolitan Services
Bob Railton, Employee & Labor Relations, Department of Metropolitan Services
Mark Knudsen, EEO Officer, Department of Metropolitan Services