Translate
Complimentary Tickets
Arts Commission/Complimentary Tickets
ISSUES: DOES RECEIPT AND USE OF TICKETS DONATED TO THE ARTS COMMISSION BY PERSONS DOING BUSINESS, OR SEEKING TO DO BUSINESS, WITH THE COUNTY VIOLATE THE KING COUNTY CODE OF ETHICS?
DOES RECEIPT AND USE OF TICKETS DONATED TO THE ARTS COMMISSION AS A RESULT OF EXTERNAL AFFILIATIONS BY PERSONS DOING BUSINESS OR SEEKING TO DO BUSINESS WITH THE COUNTY VIOLATE THE KING COUNTY CODE OF ETHICS?
Opinion: This situation involving the Arts Commission is analogous to the King County Board of Ethics Advisory Opinion ADV1048 regarding the Kingdome Advisory Board access to events held in the stadium. As stated in ADV1048, the Board believes that although there may be good reason for members and staff to attend events without violating the King County Code of Ethics, the code nonetheless prohibits the receipt of gifts from persons doing business or seeking to do business with the County.
The Board believes that a procedure governing the receipt and utilization of tickets must be established and that it should be consistent with good management practice. This procedure must cover without discrimination all tickets received from both potential and actual recipients of King County Arts Commission funding. The procedure should also mandate that all Commission personnel utilizing the tickets must, through a formal and consistent evaluation process, file a report on each event attended. With such a procedure, the Board feels that the acceptance and utilization of complimentary tickets would not violate the Code since:
- Ticket acceptance and usage would not be random, but part of a process.
- In order for Commissioner or Commission personnel to attend such events, they must complete a formal written evaluation of each event attended.
Additionally, the Board was asked if Commissioner acceptance and use of complimentary tickets given to them as a result of their external affiliations violates the King County Code of Ethics. The Board believes that the acceptance and use of tickets donated to Commissioners because of their capacities outside of the Commission does not violate the King County Code. However, the Board is concerned that such receipt and use under certain circumstances might pose a problem of appearance of a conflict of interest and pose the need for Commissioners to recuse on deliberations involving the groups or individuals from which the tickets were received.
Statement of Circumstances: An employee with the King County Arts Commission has solicited an advisory opinion from the King County Board of Ethics to determine if Commissioners and personnel can utilize complimentary tickets.
Analysis:
AUTHORITY RELIED UPON
Chapter 2.48 of the King County Code establishes policy direction for the King County Arts Commission and provides that:
It is the policy of King County to foster the excellence, vitality, and diversity of the arts in the county, to make available to all citizens of the county, greater opportunities through which to develop understanding and appreciation of the wide range of the arts, and to make arts a high priority in county governmental policy. In order to carry out this policy, the commission is hereby authorized to develop and implement arts programs in King County and to serve as a facilitator for local arts commission and other arts organizations within the county.The commission is composed of 18 members. Members are recommended by the Arts Commission itself, other local arts commissions, and artistic, professional, and civic organizations. The Commission advises the Executive and the Council on county arts policy, and works to further public awareness and interest in the arts.
AUTHORITY RELIED UPON
Under the King County Code of Ethics, the following provisions were considered relative to this request:
"Gift" means anything of economic value, but shall not include campaign contributions regulated by the provisions of RCW Ch. 42.17, the King County Charter and Ordinances implementing them, informational materials exclusively for official or office use, memorials, trophies, and plaques of no commercial value, gifts of $20.00 or less for bona fide, non- recurring, ceremonial occasions or any gifts which are not used and which within thirty days after receipt are returned to the donor, or donated to a charitable organization without seeking a tax deduction. (K.C.C. 3.04.017G)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:
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 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. (K.C.C. 3.04.030C)
ISSUED ON THE ___________________ day of _____________________, 1992
Signed for the Board: Dr. J. Patrick Dobel, Chair
Members:
Dr. J. Patrick Dobel, ChairEnclosure
Timothy G. Edwards, Esq.
JPD:dwm
cc:
Tim Hill, King County Executive
King County Councilmembers
Robert Stier, Senior Deputy Prosecuting Attorney, Legal Counsel to the King County Board of Ethics
Rella Foley, Ombudsman, Office of Citizen Complaints
Lois Schwennessen, Director, Parks, Planning and Resources
Jesus Sanchez, Director, Executive Administration