Advisory Opinion 91-11-1034
Great American Smoke Out/Employee Solicitation

ISSUE: DOES EMPLOYEE SOLICITATION OF IN-KIND DONATIONS AND CASH CONTRIBUTIONS FOR KING COUNTY BUILDING AND LAND DEVELOPMENT'S WELLNESS PROGRAMS INCLUDING "THE GREAT AMERICAN SMOKE OUT" VIOLATE THE KING COUNTY CODE OF ETHICS?

Opinion: The Code's prohibition of unauthorized solicitations is so that no person or business in King County feels implicitly coerced to provide aid for government sponsored events because they were solicited by County government agencies. The broad scope of power and authority of King County agencies (especially those that interact with the public regularly) may have in the past unknowingly coerced many persons into donating when solicited. This is most obvious in areas where agencies have direct authority over persons being solicited. King County Building and Land Development employees clearly have such generic "responsibility" and are not allowed to solicit for their wellness programs.

In conclusion, the Board resolves that all King County employees and agencies are prohibited from soliciting gifts or donations without specific authorization from the King County Council.

Statement of Circumstances: The Assistant Manager of King County's Building and Land Development Division (BALD) has solicited an advisory opinion from the King County Board of Ethics to find out if employee solicitation of contributions from local merchants or businesses for the "Great American Smoke Out" or other wellness programs would violate the King County Code of Ethics.

Each of the businesses to be solicited either contract or have the potential to contract with the County. The contributions are made to the King County Building and Land Development, not to any single King County employee.

FACTS

• In 1989 BALD formed a Wellness Advisory Board under the auspices of the Fred Hutchinson Cancer Institute which had a grant to study a pilot smoking cessation program. As part of the program BALD participated in the Great American Smoke Out ("GASO").

• The Great American Smoke Out is a program which participants stop smoking for a day. Cold turkey sandwiches and awards are given to the section of BALD with the highest percentage of employee participating.

• Prior to 1991, Fed Hutchinson Cancer Institute provided awards for BALD's GASO participants.

• The current BALD Wellness program is no longer sponsored or affiliated with Fred Hutchinson. It is organized entirely by BALD staff through the Wellness Board consisting of representatives of various sections within BALD.

Analysis: Section 3.04.020 C of the Code specifically prohibits county employees from using the power or authority of his or her office or position with the county in a manner intended to induce or coerce any other person to provide such county employee or any other person with any compensation, gift or other thing of value directly or indirectly.

There are certain restrictions and requirements found in the new Code that the County has always used regarding employee interaction with persons who do business or are seeking to do business with the County. The Code in Section 3.04.030 speaks of a conflict of interest when employees are responsible. The work activity and interaction of most of BALD staff members with County residents and area businesses appears to be "responsible" in nature as referred to in the Code. This is because King County Building and Land Development plays the most integral part in county-wide building process whether residential or commercial. BALD staff reviews and approves or disapproves blue prints for structures and grants building and occupancy permits. BALD also has the authority to recommend or impose sanctions on persons found to have violated the Uniform Building Code.

The King County Board of Ethics is concerned about the impact that the receipt of gratuities may have on the deliberative process, given the activity of BALD when it involves those persons doing business or seeking to do business with the County.

The Board is also concerned about King County employees implicitly coercing individuals to make financial contributions, or to donate goods or services towards County sponsored events.

The Board of Ethics has issued two Advisory Opinions on solicitation. In Advisory Opinion 1030 (Martin Luther King Celebration) the Board that concluded that:

Employee solicitation of funds for any purpose by County employees from persons who's activity is in the area of the employee's responsibility is prohibited.

The decision ADV10031 (MWBE Awards Event) the Board as referenced in Section 3.04.020 C of the Code the Board concluded that:

Employees are prohibited from soliciting gifts or donations without specific authorization from the King County Council.

AUTHORITY RELIED UPON

3.04.020 Just and equitable treatment.

C. Except as authorized by law and in the course of his or her official duties, no county employee shall use the power or authority of his or her office or position with, the county in a manner intended to induce or coerce any other person to provide such county employee or any other person with any compensation, gift, or other thing of value directly or indirectly.

3.04.030 Conflict of interest. No county employee shall engage in any act which is in conflict with the performance of official duties. A county employee shall be deemed to have a conflict of interest if the employee directly or indirectly:

C. Accepts or seeks for others, directly or indirectly, any employment, travel expense, service, information, compensation, gift or thing of value on more favorable terms than those granted to other county employees or the public generally, from any person doing business, or seeking to do business with the county for which the employee has responsibility or with regard to which he or she may participate, provided that this subsection shall not apply to the receipt by elected officials, or by employees who are supervised directly by an elected official, of meals, refreshments or transportation within the boundaries of King County when given in connection with meetings with constituents or meetings which are informational or ceremonial in nature.

ISSUED 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

JPD:dwm

cc:

Tim Hill, King County Executive
King County Councilmembers
Robert Stier, Deputy Prosecuting Attorney
Rella Foley, Ombudsman, Office of Citizen Complaints
Gregory Kipp, Manager, King County Building and Land Development