ADVISORY OPINION 08-04-1163

Board of Ethics/Use of County Computers, Email and Printers

ISSUE: WHAT ARE THE GENERAL GUIDELINES FOR USE OF COUNTY INFORMATION TECHNOLOGY ASSETS BY COUNTY EMPLOYEES UNDER THE CODE OF ETHICS?

OPINION: Appropriate use of county information technology by county employees is essential to safeguard taxpayer dollars and thus to ensure citizen trust in government. The Board of Ethics determines that the Code of Ethics prohibits the use of county information technology, specifically county email and county-owned computers and printers to conduct private or personal business, except for identified minimal personal uses and uses authorized by management.

STATEMENT OF CIRCUMSTANCES: As information technology advances, the Board of Ethics wishes to ensure that its advisory opinions remain current while continuing to provide guidance that conforms to the Employee Code of Ethics (K.C.C. 3.04). The King County Office of Information and Resource Management (OIRM) is developing new policies regarding -- among other information technology -- use of email, computers, and printers. In its current opinion, the board focuses on these three uses. The board wishes to provide this opinion to support the development of these new OIRM policies and both reinforce and supplement the ethics positions it has previously taken regarding the use of such information technology by county employees. It also wishes to reinforce our responsibilities as county employees for these resources which are provided for the benefit of the public we serve.

ANALYSIS: In determining appropriate use of county email, computers, and printers, the Board of Ethics relies on advisory opinions 95-1-1106 and 96-08-1146, both of which provide guidance to employees on the use of county assets. Both opinions are based on K.C.C. 3.04.020:

(A) 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.

(B) Obligations to Citizens. No county employee shall grant any special consideration, treatment or advantage beyond that which is available to every other citizen.

(E) Campaign activities. County employees are encouraged to participate in the political process on their own time and outside of the workplace by working on campaigns for the election of any person to any office or for the promotion of or opposition to any ballot proposition, but shall not use or authorize the use of the facilities of King County for such purposes except as authorized by the provisions of RCW 42.17.130.

For use of county property, or the expenditure of county funds, to meet the standard of "official business," the use must he approved in an ordinance or resolution adopted by the County Council, must be in support of a policy contained in an ordinance or resolution, or be in support of executive policy or procedure.

Prohibited use

Therefore, the following uses of email, computers and printers are expressly prohibited under the Code of Ethics:

• Use for personal gain or profit on behalf of any person
• Conduct of a private business
• Solicitation on behalf of any person
• Advocacy of personal causes or special interests
• Assist in a campaign for public office or supporting or opposing ballot issues
• Illegal uses

Allowable use conditions

Subject to the prohibited uses listed above, de minimis personal use of email, computers and printers may be allowed if the following three conditions are all met:

• Personal use is brief and infrequent
• Use incurs negligible or no additional cost to the county
• Use does not interfere with county work

Management and employee responsibilities

Management should establish clear written policies for employees for any personal use of county email, county-owned computers and printers to ensure consistency and safeguard public resources. Minimal personal use that would enhance social communications among county employees or improve organizational effectiveness or when such communications serve established departmental purposes and goals may be allowed by management policies. Any employee who is in doubt about such use should seek prior written approval from management.

The Board of Ethics emphasizes that the Code of Ethics and this advisory opinion represent baseline standards; management may establish more stringent rules and regulations depending upon the agency and its functions.

ISSUED THIS 21st day of April 2008.
Signed for the Board:
Dr. Lois Price Spratlen, Chair