Advisory Opinion 96-08-1145
Board of Ethics/Acceptance of Gifts, Compensation & Things of Value

ISSUE: WHETHER COUNTY EMPLOYEES MAY ACCEPT GIFTS, COMPENSATION OR THINGS OF VALUE FROM ANY PERSON DURING THE PERFORMANCE OF OFFICIAL DUTIES?

Statement of Circumstances:

The Board of Ethics received this request for an advisory opinion from the Sales and Customer Services Section of the Department of Transportation. This section accepts VISA and Mastercard from customers as payment for bus passes. Recently, a bank directed a county customer assistance to confiscate a credit card from a customer and return it. The bank, in accordance with its own policy, sent a reward check for $50.00 to the representative. Prior to the merger with King County, Metro had an informal policy which directed that reward checks were turned into Metro. Although the specific question posed to the Board is whether the customer assistance representative may accept the reward check, the Board believes that the more fundamental ethics question here is whether a county employee may accept a gift, compensation, or a thing of value under any circumstances when acceptance is, or may be, related to the performance or non-performance of an official duty?

Analysis:

The underlying presumption of the Code of Ethics is that county employees have special obligations to the public which they serve. One of these obligations is to perform official duties without the expectation of reward or personal benefit. Subsection 3.04.020(D) of the Code of Ethics clearly addresses this obligation and provides that:

No county employee may ask for or receive, directly or indirectly, any compensation, gift, or thing of value, or promise thereof, for performing or for omitting or deferring the performance of any official duty, or action by the county other than the compensation, costs or fees provided by law.

While the Code does not preclude acceptance of compensation, gifts, or things of value in situations where receipt is clearly unrelated to official duties, and where receipt would not create a conflict of interest or impair the county employee's ability to perform these duties, the Code clearly prohibits acceptance in any situation where receipt is related to official duties. This prohibition would apply to the receipt of a reward check, as well as to any other items which may be received by county employees including, but not limited to, frequent flyer miles when accumulated in conjunction with official travel, free tickets, or discounted coupons.

Opinion:

County employees may not accept gifts, compensation or things of value from any person under the following circumstances: when the offer is, or may be, related to the performance or non-performance of an official duty; when acceptance may conflict with the performance of an official duty; or, when acceptance may impair, or gives the appearance of impairing, impartial and independent judgment. County employees are limited to the acceptance of compensation, costs, or fees as provided for by law.

References: King County Code of Ethics, subsection 3.04.020 (D).

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
Metropolitan King County Councilmembers
David Krull, Director-Ombudsman, Office of Citizen Complaints
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Department Directors and Division Managers