Advisory Opinion 1073
Public Safety/Outside Employment

ISSUE: WHETHER OUTSIDE EMPLOYMENT AS AN ACCIDENT RECONSTRUCTIONIST POSES A CONFLICT OF INTEREST FOR DETECTIVES IN THE DEPARTMENT OF PUBLIC SAFETY

Several detectives assigned to the Major Accident Unit in the Department of Public Safety would like to pursue outside employment as assident reconstructionists. The Major Accident Unit investigates traffic-related fatalities, serious injuries, collisions which may result in civil litigation against the County, bicycle-only collisions on public roadways which may involved death or the likelihood of death, and fatal light aircraft or train accidents when no state or federal agency assumes jurisdiction. Specialized training for detectives assigned to the Major Accident Unit is provided by the County.

Detectives assigned to the unit supervise the investigation of these cases. Their duties include examining the accident scene and any involved vehicles, interviewing witnesses, and determining whether a case is an accident or a crime. If charges are filed, the detectives assist in case preparation and testify as expert witnesses at trial. In all cases, including those in which no charges are filed, the detectives respond to inquiries from civil attorneys and insurance companies on the issue of civil liability.

As as accident reconstructionist during off-duty time, a detective would contract with insurance agencies and other private parties to determine the cause and liability for an accident. As a reconstructionist, the detective would review and interpret case reports prepared by various law enforcement agencies. A reconstructionist may also interview witnesses, assist in case preparation, and provide expert testimony at trial under contract to a private party.

The Board of Ethics has been asked to determine whether outside employment in this capacity presents a conflict of interest under the Code of Ethics.

ANALYSIS: In examining this issue, the Board considered the fact that outside employment in accident reconstruction is a fairly common practice among certain members of law enforcement agencies. The Washington State Patrol and the City of Seattle and Cityof Bellevue police departments all allow this type of outside employment, albeit with certain restrictions. The Washington State Patrol stipulates that members pursuing this type of outside employment:

• not engage in any activity involving criminal cases, nor in civil cases until any related criminal charges have been adjudicated; and,
• not engage in any activity involving civil cases in which a political division or subdivision of the State of Washington (i.e., county, city, agency, board, etc.) is or could be a defendant.

In addition, the State Patrol cautions that state resources - time, facilities, or equipment - may not be used to support outside employment. The City of Seattle imposes similar restrictions and adds that accident reconstructionists can only take cases in areas outside the city's jurisdiction. The City of Bellevue contains this same restriction and adds that an office working as an off-duty reconstructionist may not work on any case in which that officer was officially involved.

The Board carefully considered the nature of these restrictions in other jurisdictions because even though this type of outside employment may not be a per se violation of the Code of Ethics, the existence of restrictions on officers who enter into employment in accident reconstruction agreed to abide by several restrictions, including not to be involved in any criminal reconstruction pertaining to City, County, or State of Washington criminal litigations; not to be involved in any civil case that directly involved civil litigation against any City, County, or Stateo Washington governmental body; not to use on-duty time or King County equipment to accomplish off-duty work; and, not to represent oneself as an employee of the Department of Public Safety except under direct examination or questioning in a court of law.

OPINION: The Board finds that outside employment as an accident reconstructionist need not be a conflict iof interest under the Code of Ethics provided that:

1. The employee does not engage in any activity involving criminal cases, nor in civil cases until any related criminal charges have been adjudicated.
2. The employee does not engage in any activity involving civil cases in which a political division or subdivision of the state of Washington (i.e., county, city, agency, board, etc.) is or could be a defendant.
3. The employee may not engage in any activity where another Kin gCounty police officer may or will be called as a fact witness.
4. The employee's off-duty employment is limited to areas outside of unincorporated King County and to areas outside of King County's jurisdiction.
5. The employee does not become involved in any case in which he or she was involved in any official capacity.
6. The employee does not use County resources, including time, equipment, services, or information , in the pursuit or fulfillment of outside employment obligations.
7. The employee does not represent himself or herself in any official capacity when conducting off-duty employment.

This Advisory opinion does not prevent the Department of Public Safety from developing and implementing more restictive policies and procedures to address areas of outside employment.

References: King County Code of Ethics, section 3.04.030, R.C.W. 42.18 and 42.20

ISSUED THIS 21^st DAY OF May 1993.

Signed for the Board: _______________________________________.

Dr. J. Patrick Dobel, Chair

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

JPD/mag

cc:

Tim Hill, King County Executive
King County Council Members
Susan Baugh, Director–Ombudsman, Office of Citizen Complaints
Quentin Yerxa, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
James Montgomery, Sheriff, Department of Public Safety
Kyle Aiken, Legal Advisor, Department of Public Safety