Advisory Opinion 91-04-1010
Work Training/SMHI

ISSUE: WHETHER OR NOT A KING COUNTY EMPLOYEE'S MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE SEATTLE MENTAL HEALTH INSTITUTE CONSTITUTES A CONFLICT OF INTEREST?

Opinion: As Section 3.04.30 H of the Code of Ethics makes clear, an officer of a person doing or seeking to do business with the County must disclose their relationship. Section I goes further to state that if your service impairs the independence of judgment or action in the performance of official duties, then a conflict of interest exists.

Stemming from information contained in your letter and that received from your division, the Board assumes that Seattle Mental Health Institute has no current nor ongoing contractual relationship with the Work Training program in King County Community Services Division. The Board in this Case sees no crossing of the threshold identifying a violation of the Code of Ethics and therefore finds no existing conflict of interest.

If there is a contractual relationship between Seattle Mental Health Institute and the County, there would be no conflict of interest unless the employee has responsibility for or participates with the business or in the contractual relationship.

The Board notes that the Code specifically states that if a potential conflict of interest arises, you have a duty to notify your supervisor or appointing authority of such potential conflict and take appropriate action.

Statement of Circumstances: A King County employee in the Work Training Program of the Community Services Division who serves as an Employment, Education and Training Coordinator has inquired whether his volunteer membership on the Board of Directors of The Seattle mental Health Institute while working as an King County employee constitutes a conflict of interest.

The basis of concern for the employee is because Seattle Mental Health Institute currently operates programs which are funded by King County. The continuance of these programs is said to be likely.

Analysis:

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;

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;

I. Engages in or accepts compensation, employment or renders services for any person or a 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.

3.04.037 Duty to notify supervisor. Any employee who becomes aware that he or she may have a potential conflict of interest which arises in the course of his or her official duties shall notify in writing his or her supervisor or appointing authority of such potential conflict. (Ord. 9704 S 8, 1990).

ISSUED ON THE ________________ 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
Maureen McLaughlin, Director, Human Services Department
Susan Carter, Manager, Community Services Division
Jerry De Gerieck, Administrator, Community Services Division Employment Programs
Judi Larson, Regional Coordinator, Community Services Division Work Training Program