ISSUE: WHAT IS MEANT BY THE TERM "STUDIES" AS IT APPLIES TO THE FILING OF CONSULTANT DISCLOSURE FORMS WITH THE BOARD OF ETHICS?

Opinion: In rendering its opinion, the Board considers that the term "consultant" includes any person, association, partnership, or corporation that by experience, training, and education has established a reputation or ability to perform professional services on a discrete, non-recurring basis ovcr a limited and pre-established term as an independent contractor.

Furthermore, the term "study" is understood to include the delivery of services such as advice, recommendations, reports, analyses, evaluations, audits, and surveys of existing or proposed County programs, plans, or actions. Studies include, but are not limited to, professional or expert services from attorneys, architects, accountants, public relations firms, physicians, psychiatrists, psychologists, engineers, surveyors, appraisers, and planning consultants, provided that the following is not deemed a consultant:

Any provider of services appropriate for a service contract, such as janitorial or guard service, office equipment and vehicle maintenance, computer and peripheral equipment maintenance, publication services, etc.

Within the context of section 3.04.120 of the Code of Ethics, private consultant firms and individuals who contract with the Executive branch to perform studies meeting the above outlined criteria and in excess of $2500.00 are to file a Consultant Disclosure Form with the Board of Ethics.

Statement of Circumstances:Section 3.04.120 of the Code of Ethics requires any private consultant firm and/or individual entering into contracts with King County to perform studies costing in excess of two thousand five hundred dollars ($2500.00) to file a sworn, written statement of disclosure with both the King County Board of Ethics and the King County Executive. Among the provisions outlined in 3.04.120, the private consultant firm or individual must supply information regarding any potential interest or conflict of interest connected with the awarding of a contract. Furthermore, no contract with any private consultant firm and/or individual shall be considered final until five days after the Board of Ethics receives the consultant disclosure form. County departments and divisions have requested that the Board of Ethics clarify the term "studies" as it applies to this section of the Code.

Analysis: The King County Code of Ethics helps sustain the public's confidence in County officials and employees by establishing and enforcing minimum standards of conduct for the transaction of official business. Among the many provisions of the Code are a series of sections relating to conflict of interest. Conflicts of interest occur when there is a clash between the public interest and the private interest, financial or otherwise, of a public official, or where the appearance of a conflict could undermine the legitimacy of fair and impartial decision-making in governance. Statements of financial disclosure for County officials and employees and consultant disclosure forms for private consultant firms and individuals are intended to identify and prevent real and potential conflicts of interest so that the public might better be served.

References: King County Code of Ethics, section 3.04.120.

ISSUED THIS ___________ DAY OF ___________________, 199__.

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

Members:

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

JPD/mag

cc:

Tim Hill, King County Executive
King County Council Members
Susan Baugh, Director-Ombudsman, Office of Citizen Complaints
Quentin Yerxa, Deputy Prosecuting Attorney and Counsel to the Board of Ethics
George Northcroft, Director, Department of Executive Administration