ISSUE: WHETHER A CURRENT COUNTY EMPLOYEE WHO IS RESPONSIBLE FOR TRAINING ACTIVITIES MAY ENGAGE IN OUTSIDE EMPLOYMENT TO PROVIDE SIMILAR TRAINING WITHOUT INCURRING A CONFLICT OF INTEREST?

Opinion: The Board finds that the employee would not incur a conflict of interest if he or she provided training to community agencies which do not contract or do business with the Department of Public Health. Furthermore, the employee must disclose the intent to enter into outside employment.

Statement of Circumstances: An employee in the Department of Public Health identifies and adapts curricula, develops training packages, and conducts training sessions primarily for community-based, non-profit service agencies. The need for training, particularly among community-based agencies, far exceeds available government resources, and the employee has been approached with a request to provide additional training. The type of training the employee would provide is substantially the same training the employee provides in an official capacity for the County. The Board of Ethics has been asked to determine whether this situation could present a conflict of interest under the Code of Ethics?

Analysis: In a series of Advisory Opinions which addressed potential conflicts arising from outside employment, most notably opinions 1055, 1057, 1063, 1067, 1072, and 1073, the Board of Ethics has developed benchmark questions that may be asked when evaluating whether an outside employment interest could conflict with an employee's official duties and responsibilities. Among these questions are:

• Whether the intended area of outside employment is substantially the same as the employee's work for King County? If so, could this outside employment potentially impair the exercise of fair and impartial judgement or decision-making of the County employee?
  
• Is there a contractual or business relationship between the area of outside employment, or the outside employer, and the County? If so, does the employee have responsibility for any aspect of this business relationship either as a County employee or as the agent or representative of the outside employer?
  
• If applicable, has the employee notified his or her division or department of the intent to enter into outside employment? Have potential conflicts of interest been disclosed? If so, can an alternate decision-making authority be appointed or would the potential conflict interfere with the County agency's ability to exercise independent judgement or action?

In evaluating these questions for this request, the Board finds that the employee identifies and adapts curricula, develops training packages, and conducts training sessions. The employee also administers training contracts between the Department of Public Health and community-based, non-profit service agencies and provides technical assistance vis-à-vis awarded contracts. The employee's level of responsibility and involvement in the administration of training contracts would therefore preclude involvement with any community-based agency which contracts with the King County Department of Public Health for training services, because such involvement would impair the exercise of fair and impartial judgement and decision-making. However, the employee would not incur a conflict of interest if he or she were to provide training to agencies which do not contract or do business with the Department of Public Health in an area where the employee has responsibility.

References: King County Code of Ethics, sections 3.04.030 (B, C, D, E, F and I); 3.04.037; and Advisory Opinions 1055, 1057, 1063, 1067, 1072, and 1073.

ISSUED THIS ___________ DAY OF ___________________, 199__.

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

Members:

Dr. J. Patrick Dobel, Chair
Timothy Edwards, Esq.
Rev. Paul Pruitt

cc:

Gary Locke, King County Executive
Metropolitan King County Councilmembers
Susan Baugh, Director-Ombudsman, Office of Citizen Complaints
Sharon Stewart Johnson, Acting Director, Department of Public Health
Robert I. Stier, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Emiko Mizuki, Support Services Manager, Department of Public Health