Advisory Opinion 96-08-1147
SWM/Use of County Property

ISSUE: WHETHER THE COUNTY'S E-MAIL SYSTEM MAY BE USED TO CONDUCT UNION BUSINESS?

Opinion: The Code of Ethics prohibits the use of county resources for personal convenience or profit in all cases, and restricts other types of use based on whether the use is available to the public or whether the employee is conducting official business. "Official business" is business conducted on behalf of and in the interests of the county, and does not include business on behalf of other persons.

Members of a collective bargaining unit may therefore not use the county's e-mail system for the purposes of conducting union business unless such use is negotiated.

Statement of Circumstances: An employee in the Department of Natural Resources has asked the Board to determine whether use of the county's e-mail system to conduct union business would violate the Code of Ethics

Analysis: The activities of collective bargaining units are negotiated and agreed with King County in collective bargaining agreements. With regard to the union in question, the applicable collective bargaining agreement provides that shop stewards may be appointed to any location where the union has represented members; that the stewards will ensure that the provisions of the Labor Agreement are observed; and that they are allowed reasonable time to perform such duties during regular working hours. With minor limitations, the County also agrees to make available to the union meeting space or rooms for the purpose of conducting union business, and allows the union to post "announcements of meetings, election of officers, and any other union material," so long as such use does not interfere with county work. Subsection 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.

This subsection prohibits the use of county resources for personal convenience or profit in all cases, and restricts other types of use based on whether the use is available to the public or whether the employee is conducting official business. "Official business" is business conducted on behalf of and in the interests of the county, and does not include business on behalf of other persons, including collective bargaining units, unless such use is negotiated.

References: King County Code of Ethics, section 3.04.020(A).

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

cc:

Gary Locke, King County Executive
King County Council Members
David Krull, Director-Ombudsman, Office of Citizen Complaints
Pam Bissonette, Director, Department of Natural Resources
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Lin Schnell, Manager, Labor Relations, OHRM
Bob Railton, Labor Negotiator, OHRM
All County Department Directors and Division Managers