Advisory Opinion 96-08-1146
Board of Ethics/Use of County Property

ISSUE: WHETHER THERE ARE GENERAL ETHICS GUIDELINES FOR THE USE OF COUNTY PROPERTY, EQUIPMENT AND FUNDS UNDER THE CODE OF ETHICS?

Opinion: The Board believes that although the Code of Ethics contains general guidelines for the use of county property, it is the responsibility of management to develop appropriate policies which address prohibited and acceptable uses. These policies should balance the obligation to conserve public property and resources with reasonable uses which may enhance the workplace environment and contribute to employee productivity.

Each County employee has an obligation to safeguard public resources against unauthorized personal use, and may not authorize such use for either personal convenience or profit, or in circumstances where County employees could gain an advantage beyond that which is generally available to other public citizens.

Statement of Circumstances: Since 1992, the Board has frequently been asked to clarify the Code of Ethics provision prohibiting the use of county property for other than official purposes as it relates to telephones, e-mail, internet, computers, facsimiles, and county facilities. The Code prohibits any use unrelated to official business. Exceptions to this prohibition are personal uses that are minimal and are either necessary for employee productivity or constitute an emergency. This opinion addresses these issues and seeks to provide management with general guidelines to develop its own policies regarding appropriate use.

Analysis: The King County Code of Ethics prohibits the use of county property, including funds, for personal convenience, personal profit, or for other than official business unless such use is available to the public. 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 of 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.

For use of county property or the expenditure of county funds to meet the standard of "official business," the use must be approved in an ordinance or resolution adopted by the County Council, or must be in support of a policy contained in an ordinance or resolution. Subsection 3.04.020(E) of the Code also prohibits use or authorization of county time and facilities for campaign purposes, including the election of any person to any office or for the promotion or opposition to any ballot proposition.

1. County telephones may not be used to conduct private or personal business, except that minimal personal and emergency use is not prohibited.

In Advisory Opinion 1106, the Board of Ethics applied a reasonable standard to the issue of telephone use that would not cause a violation of the Code. This standard accepts that telephone use does not violate the Code when calls do not impose an additional cost to the county and are for the purposes of accommodating minimal personal tasks. e.g., coordinating transportation, making medical and dental appointments, notifying family members of work schedule changes, or responding to emergencies. Management and employees share the obligation of ensuring that such use is truly minimal. In the case of a cellular phone, incidental personal calls must be reimbursed by the employee at the county rate. The Board concluded that prohibited uses of the telephone would include unofficial, long distance calls at county expense and conducting personal or private business on county time. This includes use of a county telephone number on a private business card.

2. County e-mail and Internet use. County e-mail may not be used to conduct private or personal business, except that minimal personal use is not prohibited. Access to the Internet via county resources may only be for official purposes and resources which are not used for a clear county purpose should not be accessed or downloaded. County employees should ensure that outgoing messages which may not reflect an official county position carry an appropriate disclaimer.

The purpose of county e-mail, like all county resources, is to conduct official business. Therefore, e-mail may not be used to conduct personal or private business, including sale of personal items, recommendations for the services of others; solicitation on behalf of any person, including non-profits; solicitation or support for any political purpose; and, advocacy of any cause or special interest. However, minimal use of e-mail for social communications which improve organizational effectiveness or serve departmental goals is not prohibited. County employees are reminded that e-mail communications are subject to the same disclosure requirements as all other public documents.

Internet access via county resources is also for the purposes of conducting official business. County employees should ensure that they do not access or download files which are not used for a clear county purpose, and that all use of the Internet complies with applicable federal, state, and local laws. In addition, county employees should ensure that outgoing messages which do not reflect an official county position carry an appropriate disclaimer.

Minimal personal use is use that is both brief in duration and accumulation, and which does not interfere with or impair the conduct of official county business. In all cases, management should establish rules or appropriate guidelines for e-mail use and Internet access.

3. County computers may not be used to conduct private or personal business, or to assist others in personal business, except that using such computers to prepare résumés and supplemental questions for another county position may be authorized.

The Code of Ethics prohibits use of county computers, even on personal time, for private or personal business. County employees may not use county computers to conduct a private business, write personal letters, reports, or articles, or assist others in private or personal business. There are two exceptions to this rule:

(a) A county employee may use a county computer to prepare a résumé or related application materials for another county position. Such use, however, is subject to limitations which may be imposed by management to ensure that use approved for these purposes does not interfere with the performance of official duties or the conduct of county business.

(b) A county employee who is notified that his or her position will be eliminated as a result of a reduction in force, and who avails himself or herself of the services of the Employee Transition Assistance Program through the county's Office of Human Resource Management, may use a county computer to prepare materials to assist that office in placing the affected employee in another county position.

4. County facsimile machines may only be used to correspond with persons doing business with the county; county facsimiles may not be used to send or receive personal or private business correspondence.

County facsimiles may be used only to conduct official county business. Unlike telephones, facsimile transmissions are not generally used to contact someone in an emergency. Facsimile equipment, telephone line, and paper are provided for transmitting and receiving correspondence to conduct official business, and may not be used for private or personal business.

5. County bulletin boards and meeting or conference rooms may be used by county employees on the same basis as the public.

The use of general county property–bulletin boards, office space, and meeting or conference rooms–is governed by whether the general public is allowed to use this property. Employees may post items of interest on county bulletin boards, if approved by Facilities Management, on the same basis as a member of the general public. A county employee may also reserve a meeting or conference room for a private purpose, as long as the public is also allowed equal access to the meeting or conference room. Such use of county facilities may not interfere with the conduct of official county business.

Responsibilities of Management

County managers and supervisors who know or allow their supervisees to use county resources for personal and private business, and who do not take measures to stop the prohibited conduct, violate K.C.C. 3.04.020(A) and (B), which restrict any county employee from permitting unauthorized uses of county property, and prohibit the granting of any special consideration, treatment, or advantage beyond that which is available to members of the public. K.C.C. 3.04.020(E) may be violated if use of county facilities and time is authorized for campaign activities.

County managers and supervisors have an obligation to implement policies and procedures which protect against the misuse or abuse of public resources, and should take appropriate disciplinary action when misuse or abuse occurs.

References: King County Code of Ethics, subsections 3.04.020 (A) and (B); Advisory Opinions 1082 and 1106.

ISSUED THIS ___________ DAY OF ___________________, 199__.

Signed for the Board: Roland H. Carlson, Acting Chair

Members:

Roland H. Carlson, Acting Chair
Rev. Paul Pruitt
Dr. Lois Price Spratlen

RHC/mag

cc:

Gary Locke, King County Executive
King County Councilmembers
David Krull, Director–Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Department Directors and Division Managers