ADVISORY OPINION 05-10-1162

Board of Ethics/Duty to Notify Supervisor

ISSUE: WHETHER THERE ARE SPECIFIC GUIDELINES FOR EMPLOYEES AND SUPERVISORS IN CASES OF POTENTIAL CONFLICT OF INTEREST UNDER THE CODE OF ETHICS?

OPINION: The Board of Ethics believes that trust in government is possible when the public is confident that all county actions and transactions are free from conflict of interest. Each county employee has the power and the responsibility to help maintain this public trust. Further, management is responsible for ensuring a healthy ethical environment through awareness of the Code of Ethics, promotion of early notification of potential or actual conflict of interest by employees, timely response and resolution by supervisors, and consistent enforcement of these code requirements.

STATEMENT OF CIRCUMSTANCES: Provision 3.04.037, Duty to Notify Supervisor, is intended to provide a system of early notification and resolution of potential conflict of interest situations for county emplo yees. Experience has shown that when ethical dilemmas are identified and resolved promptly and routinely, ensuing problems are minimized. In addition, when employees are encouraged to openly communicate about ethics issues that arise in the normal course of business, the county creates an environment in which ethics is a customary part of the workplace.

ANALYSIS: Any employee who becomes aware that he or she may have a potential or actual conflict of interest which arises in the course of his or her official duties shall:

• Notify immediately in writing his or her supervisor or appointing authority of such potential or actual conflict.

Upon receipt of such notification, the supervisor or appointing authority shall:

• Assess the potential or actual conflict by gathering all relevant facts, researching related policies or laws, and keeping informed all parties who may be affected by or interested in the decision;

• Take timely action to resolve the potential or actual conflict of interest, including but not limited to designating within a reasonable time an alternative employee to perform the duty which is involved in the conflict;

• State in writing the disposition of the potential or actual conflict and keep such written disposition in files maintained by the supervisor or official.

The supervisor or official may request an advisory opinion from the Board of Ethics, or seek information from the ethics office on the Code of Ethics and past advisory opinions, before disposing of such conflict.

References: King County Code of Ethics, sections 3.04.037.

ISSUED THIS ________ day of ____________________________________________, 2005.

Signed for the Board :__________________________________________________________

Dr. Lois Price Spratlen , Chair