Advisory Opinion 94-4-1094
Public Works/Use of County Property

ISSUE: WHETHER THE COUNTY'S INTEROFFICE MAIL SYSTEM MAY BE USED BY A LOCAL UNION TO SOLICIT NON-REPRESENTED EMPLOYEES?

Opinion: The Board of Ethics finds that distribution of literature through the interoffice mail system, and not previously negotiated as part of a labor agreement, would constitute a prohibited use of County property for personal convenience or profit.

Statement of Circumstances: An employee in the Department of Public Works has asked the Board to determine whether a local union's use of the County's interoffice mail system to distribute fliers could violate the Code of Ethics.

Analysis: In reviewing this issue, the Board of Ethics understands that Article 29 of the current Labor Agreement between the King County Department of Public Works and Local 17 provides several avenues for exchange between the union and its members. For example, shop stewards may be appointed to any location where the union has represented members. These stewards can ensure that the provisions of the Labor Agreement are observed, and are allowed reasonable time to perform such duties during regular working hours. In addition, the County has agreed to make available to the union any "meeting space, rooms, etc., for the purpose of conducting Union business, where such activities would not interfere with the normal work of the department, provided, however, the Union may not hold mass meetings in such facilities." Employees elected or appointed to office in the Union may also apply for a leave of absence for up to one year from their County positions. The Board accepts that these activities have been negotiated between the County and the union and that such activities are to be considered "official business" within the context of the Code of Ethics. However, section 3.04.020(A) of the Code of Ethics 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 employee in the conduct of official business.

Use of the County's interoffice mail system, as the Board concluded in Advisory Opinion 1082, for individual or group interests could be considered use for personal convenience or profit. Such use also imposes tangible costs to the County. In this particular instance, use of the mail system could interfere with the normal work of those assigned to receive and distribute mail.

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
Susan Baugh, Director-Ombudsman, Office of Citizen Complaints
Paul Tanaka, Director, Department of Public Works
Gary Kiyonaga, Administrative Services Manager, Department of Public Works
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Phil Thompson, Human Resources Staff Attorney, Prosecuting Attorney's Office
Tim Anderson, Labor Relations Representative, Office of Human Resource Management
Bob Railton, Employee & Labor Relations Representative, Metro
Beth Gulotta, Employee & Labor Relations Representative, Metro
Waymon Alston, Business Representative, Local 17
All County Department Directors and Division Managers