Advisory Opinion 91-04-1008
Elected-Non Profit Memberships

ISSUE: QUESTION OF A POSSIBLE CONFLICT OF INTEREST REGARDING KING COUNTY COUNCILMEMBERS WHO SERVE AS OFFICERS OF NON-PROFIT AGENCIES, WHICH RECEIVE COUNTY FUNDING.

The questions presented are as follows:

1. May a Councilmember serve as an officer of a non profit entity, if the entity presently seeks or receives or intends to seek funds from King County which are subject to the council's appropriation power?

2. May the Councilmember merely disclose his or her membership in the organization or must the member also refrain from participation in any decision regarding the organization?

3. Does it matter whether or not the Councilmember refrains from accepting anything of value from the organization?

Opinion: In response to a request for an advisory opinion from James L. Brewer, Legal Council to the King County Council and pursuant to Section 12 of King County Ordinance 9704, the following advisory opinion is hereby rendered:

Answering your questions in order, the Board believes that the Ethics Code clearly permits and encourages participation by county employees in civic and political activities.

Non profit corporations, however, clearly fall within the definition of "persons" doing or seeking to do business with the county. Section 2 K.

As such, we believe that membership in the organization must be publicly disclosed on the records of Council. Section 4 H.

We believe this disclosure must be made prior to the start of deliberation at the committee and Council level.

The Board also believes that such membership should lead the Council Member to refrain from participating in any decisions regarding the organization. The Board believes this flows from the requirements of Section 3 B. The Board is extremely concerned that the appearance and reality of fairness in deliberations be maintained. All citizens must believe that they receive equal treatment and that organizations are not privileged in their treatment by the fact of membership on a Board by a member of the council.

The Board finds further support for this position in Section 4 I where actions which might "impair the independence of judgment or action in the performance of official duties" should be avoided. In this case, the rendering of service to the organization by service on the Board falls within this purview.

In response to your last question about whether it matters if the councilmemers refrains from accepting anything of value from the organizations such as tickets or travel, the Board believes this would not affect the requirements to disclose and recuse on deliberations.

Further, the Board would like to point out that the acceptance of things of value such as tickets, travel or meals from an organization seeking funds or intending to seek funds from the county constitutes a conflict of interest under the Code in Section 4 C. In the Board's judgment, the nonprofit status of the organization does not affect this prohibition on accepting things of value because the organization is seeking funding from the County, and that is the operative point.

Statement of Circumstances: Request Issue: Whether or not service by King County Councilmembers as officers of non-profit entities, which receive County funding, presents a conflict of interest.

Analysis:

AUTHORITY RELIED UPON

During its deliberations, the Board took into account several sections of the King County Code of Ethics:

SECTION 2 K. ""Person means any individual, partnership, association, corporation, firm institution, or other entity, whether or not operated for profit. The term does no include governmental units of the State of Washington or the United States unless so specified.

SECTION 3 B. Obligations to Citizens. No county employee shall grant any special consideration, treatment or advantage beyond that which is available to every other citizen.

SECTION 4. Conflict of interest. No county employee shall egg 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:

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4 B. Is beneficially interested, directly or indirectly, in any contract, sale lease option or purchase that may be made by, through, or under the supervision of the employee, in whole or in part, or accepts, directly or indirectly, any compensation, gift or thing of value from any other person beneficially interested therein;

4 C. Accepts of seeks for other, 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, * * *

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4 H. Is an employee, agent, officer, partner, director or consultant of any person doing or seeking to do business with the county, unless such relationship has been disclosed as provided by this chapter;

4 I. Engages in or accepts compensation, employment or renders services for any person or governmental entity other than King County when such employment or service is incompatible with the proper discharge of official duties or would impair independence of judgment or action in the performance of official duties. * * *

ISSUED THIS ____________ day of __________________, 1991

Signed for the Board: Dr. J. Patrick Dobel, Chair

Members:

Timothy Edwards, Esq.
Dr. Judith Woods
Dr. J. Patrick Dobel, Chair

JPD:dwm

cc:

Tim Hill, King County Executive
King County Councilmembers
Bob Stier, Deputy Prosecuting Attorney
Rella Foley, Ombudsman, Office of Citizen Complaints