Issue

While in the performance of duty, does employee receipt of refreshments and meals from persons who do business or are seeking to do business with the County violate the King County Code of Ethics?

Opinion

The receipt of refreshments or meals in the course of normal business interactions, poses a special problem for the Code. The Code clearly prohibits employees from receiving gifts from persons seeking to do business or doing business in the area of the employees responsibility because such gifts could undermine judgment and appearance of fairness. Yet it seems simply part of due courtesy for one to offer another De minimis refreshments such as coffee or tea during extended work activity in an office setting or while visiting on-site work locations. In fact, King County extends such courtesies to consultants and vendors currently doing business and to those seeking to do business with the County.

Section 3.04.030 of the Code relies upon the assessment of a "reasonable and prudent person" to determine if an activity, gift, or other thing of value has the potential to, or the appearance of, undermining employee judgment. The Board believes that such a standard permits a policy that the casual acceptance of De minimis and informal light refreshments during the course of performance of duties does not violate the intent or spirit of the Code. However, this should not be read as prohibiting County departments or divisions from having more restrictive policies including a complete prohibition, if they deem it necessary.

The Board defines De minimis refreshments as Light refreshments that do not constitute a meal

Statement of Circumstances

On behalf of the Engineering Services Section of the Department of Public Works Road and Engineering Division, the King County Road Engineer has requested an advisory opinion from the King County Board of Ethics to determine whether employees may accept refreshments from persons doing or seeking to do business with the County. Often while in the field and especially while conducting on site project reviews County employees are offered beverages such as coffee and soda, refreshments and even meals from design consultants and other vendors doing or seeking to do business with the County.

Analysis

The King County Code of Ethics explicitly prohibits the receipt of gifts or things of value such as travel, food, or entertainment from persons doing business or seeking to do business with the County by employees who have responsibility or participate in decisions in the area where the persons does business. It also prohibits such receipt if the receipt could conflict with the performance of employee official duty or undermine the appearance of fairness.

Vendors or consultants to the County often extend invitations to accept refreshments or meals during the course of the employee's performance of work. This usually occurs during on-site assessments of vendor or consultant work activity at the vendor or consultant work activity at the vendor or consultant's office and could occur during any number of interactions between the vendor or consultant and County employees.

Authority Relied Upon

3.04.030 Conflict of Interest. No County employee shall engage in any act which is in conflict with the performance of official duties. A County employee shall be deemed to have a conflict of interest if the employee directly or indirectly:

C. Accepts or seeks for others, directly or indirectly, any employment, travel expense, service, information, compensation, gift or thing of value on more favorable terms than those granted to other County employees or the Public generally, from any person doing business, or seeking to do business with the County for which the employee has responsibility or with regard to which he or she may participate, provided that this subsection shall not apply to the receipt by elected officials, or by employees who are supervised directly by an elected official, of meals, refreshments or transportation within the boundaries of King County when given in connection with meetings with constituents or meetings which are informational or ceremonial in nature;

D. Accepts, directly or indirectly, any gift, favor, loan, retainer, entertainment, travel expense, compensation or other thing of value from any person doing business or seeking to do business with the County when such acceptance may conflict with the performance of the employee's official duties.

A conflict shall be deemed to exist where a reasonable and prudent person would believe that the gift, compensation, thing of value, or more favorable terms, was given for the purpose of obtaining special consideration or to, influence County action.