ADVISORY OPINION 1056

SWM Contractor Referrals

ISSUE: WHETHER THE CONTRACTOR REFERRAL SERVICE OF THE SURFACE WATER MANAGEMENT DIVISION VIOLATES THE CODE OF ETHICS.

OPINION: To ensure that the contractor referral list complies with the intent of the Code of Ethics, the Board proposes the following:

1. No one involved in the Neighborhood Drainage Assistance Program can have a financial interest in or with any persons appearing on the list.

2. Inclusion on the list should be unrestricted.

3. Distribution of the list must be open and public.

The Board offers no opinion as to the advisability of including a disclaimer of responsibility by King County when publishing this list.

STATEMENT OF CIRCUMSTANCES: The Surface Water Management Division developed a Neighborhood Drainage Assistance Program in 1992. The program aims to help citizens address small-scale, private drainage problems. As part of the program, Surface Water Management proposes supplying a list of drainage professionals to citizens.

ANALYSIS: In discussing this question, the Board concurred with a response by the King County Deputy Prosecuting Attorney that a referral list could violate the Code of Ethics because it conveys the appearance that some persons are being treated more favorably than others (3.04.020). Access must be open and free. The Board also agreed that no Surface Water Management employee can have financial interests in any of the contractors on the referral list.

References: King County Code of Ethics, sections 3.04.020 (B) and 3.04.030.

ISSUED THIS ___________ DAY OF _____________, 199___.

Signed for the Board: _____________________________