Advisory Opinion 92-03-1036
Public Works/Employee Attendance at Seminars & Professional Events/Co-Sponsored by Persons Doing Business with the County

DOES EMPLOYEE ATTENDANCE AT EDUCATIONAL SEMINARS AND PROFESSIONAL EVENTS SPONSORED BY UNIVERSITIES OR PROFESSIONAL ASSOCIATIONS VIOLATE THE KING COUNTY CODE OF ETHICS?

Opinion: An employee may attend a function which is sponsored by an educational or professional entity or association if the entity or association does not have a county contract within the employee's area of responsibility. If the entity or association does have such a contract, then the employee may attend but either the employee or King County must pay for such attendance at the rate assessed governmental employees.

The fact that vendors or consultants may be subsidizing part of the costs by their own funds or through advertising does not create a conflict of interest as long as King County or the employee pays for services as long as the function is administered by the professional or educational body for purposes of education and professional development.

Employees are permitted to take home informational materials about products or services of vendors but should refrain from taking home gifts or materials which:

• Are not informational

• Carry the vendor's logo or any other of the events sponsor's identifying marks.

Section 3.04.030 of the Code relies upon the assessment of a "reasonable and prudent person" to determine if an activity, gift, or other thing of value has the potential to, or the appearance of, undermining employee judgment. The King County Board of Ethics finds that neither the language in Section 3.04.030 nor the information contained in this advisory opinion should be interpreted as prohibiting County departments or divisions from having more restrictive policies regarding employee attendance at professional events including a complete prohibition, if they deem it necessary.

Statement of Circumstances: On behalf of the Engineering Services Section of the Department of Public Works Road and Engineering Division, the King County Road Engineer has requested an Advisory Opinion from the King County Board of Ethics to determine if employees can attend educational and professional events. Any number of the educational seminars and professional events that County employees attend may be co-hosted or co-sponsored by persons doing or seeking to do business with the County. The concern surrounds the King County Code of Ethic's prohibition of the employee receipt of information from persons doing or seeking to do business with the County when the employee has responsibility in matters applying to the person.

Analysis: The King County Code of Ethics explicitly prohibits the receipt of gifts or thing of value such as travel, food, information or entertainment from persons doing business or seeking to do business with the County by employees who have responsibility or participate in decisions in the area where the persons does business. It also prohibits such receipt if the receipt could conflict with the performance of employee official duty or undermine the appearance of fairness.

The Board notes that employees often attend professional events sponsored by third parties such as universities or professional associations for educational purposes. These events may in some way be subsidized by vendors or consultants with whom business is done and may have events sponsored by vendors which introduce individuals to product or services.

AUTHORITY RELIED UPON

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;

D. Accepts, directly or indirectly, any gift, favor, loan, retainer, entertainment, travel expense, compensation or other thing of value from any person doing business or seeking to do business with the County when such acceptance may conflict with the performance of the employee's official duties.

A conflict shall be deemed to exist where a reasonable and prudent person would believe that the gift, compensation, thing of value, or more favorable terms, was given for the purpose of obtaining special consideration or to, influence County action. ****

ISSUED ON THE ___________________ day of ___________________, 1992

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

Members:

Timothy Edwards, Esq.
Dr. J. Patrick Dobel, Chair

JPD:dwm

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Tim Hill, King County Executive
King County Councilmembers
Bob Stier, Deputy Prosecuting Attorney
Rella Foley, Director-Ombudsman, Office of Citizen Complaints
Jesus Sanchez, Director, Department of Executive Administration
Paul Tanaka, Director, Department of Public Works
Louis Haff, P.E., County Road Engineer
William S. Vlcek, Manager, Engineering Services Section
ATTN: Lon Penton, Supervising Engineer