Advisory/BALD/Blakely Ridge

ISSUE: POSSIBLE CONFLICT OF INTEREST THE EAST BUILDING AN LAND ENVIRONMENTAL PLANNER WHO EDITS THE PROPOSED BLAKELY RIDGE MASTER PLAN?

Opinion: On the question of whether or not Ms. Crofuts' position might constitute an apparent or real undermining of equal access and treatment, the Board, taking into account her level of participation, made a conclusion. We found that, there was no direct public action directed at the proposed project in King County; neither is there a record of here actively joining organizations concerned with the proposed issued about the project in King County. Therefore, the Board finds no conflict of interest in the area of equitable and fair treatment.

However, the Board would be concerned if a situation arose in which an employee of the County simultaneously participates in an action concerning an entity, and holds another official position and participates in action involving the same entity. Such a situation where the person must render official judgments about the same entity even if the projects are different, might pose a conflict of interest under Section 4 I to the extent that the employment or service is incompatible with the employees independence of judgment or action as it relates to counties duties. Paragraph 1 of Section 4 I reads as follows:

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. In addition, the following employees must obtain the prior written consent of their highest ranking supervisor authorizing either new or continued employment or the acceptance of any compensation or any thing of value for services performed outside King County government.

In addition, such possible involvement may require the person to disclose the potential conflict to their supervisor as required by Section 8 which reads as follows:

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.

Based on the information presented, we find no conflict of interest.

Statement of Circumstances: In response to a request for direction from the King County Board of Ethics and Pursuant to Section 12A of King County Ordinance No. 9704, the following advisory opinion is hereby rendered:

Analysis: The Code in Section 2 J makes clear that personal and substantial involvement in a county action is covered by the conflict of interest provision. The Board believes this is not limited to individuals with clear formal decision making authority, but extends to all individuals directly and indirectly in positions to influence the outcome of a decision or document. We believe this applies to Ms. Crofut. Section 2 J reads as follows:

'Participate' means in connection with a transaction involving the county, to be involved in a county action personally and substantially as a county employee either directly, or through others through others through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or otherwise..

Section 3 E addresses campaign activity. It encourages county employees to participate in the political process the own time and outside of the workplace. Section 3 E reads as follows:

Campaign activities. County employees are encouraged to participate in the political process on their own time and outside of the workplace by working on campaigns for the election of any person to any office or for the promotion of or opposition to any ballot proposition, but shall not use or authorize the use of the facilities of King County for such purposes except as authorized by the provisions of R.C.W. 42.17.130..

Please note: The Code of Ethics definitely does not make general political beliefs, affiliations, and actions as grounds for ethics violations.

GRANTED 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

cc:

Tim Hill, King County Executive
King County Councilmembers
Bob Stier Deputy Prosecuting Attorney
Rella Foley, Ombudsman, Office of Citizens Complaints
Sheila Crofut, Environmental Planner, King County
Building and Land Division