Advisory Opinion 1074
Public Safety/Outside Employment

ISSUE: WHETHER A POTENTIAL CONFLICT OF INTEREST EXISTS IF AN EMPLOYEE IN THE DEPARTMENT OF PUBLIC SAFETY WHO ALSO OPERATES AN OUTSIDE LANDSCAPING BUSINESS MAY CONTRACT TO PERFORM LANDSCAPE WORK FOR KING COUNTY PRECINCTS?

Opinion: Based on the unique advantages this employee has within the precinct system as a King County police officer, combined with the absence of an open-bid requirement for the award of County contracts under $2500.00, the Board of Ethics concludes that this employee should not expand his outside business interests into police precincts.

Statement of Circumstances: A King County police officer operates an independent landscaping business during his off-duty time. The officer would like to contract to perform lawn maintenance work for County precincts. The Board of Ethics has been asked to determine whether this would present a conflict of interest.

Analysis: In reaching a decision on this issue, the Board of Ethics considered both the outside employment provisions contained in the King County Police Manual, and purchasing guidelines governing the bid process for contracts. Conflict of interest provisions in the police manual consist of:

• A compromise of integrity, character, efficiency, or decency of the Department, or
• A violation of any section of the current Collective Bargaining Agreement, or
• A violation of any Federal, State, or local law or ordinance.

According to these provisions, the issue of performing outside work on a contractual basis for the County would not necessarily pose a conflict of interest. Despite this fact, this request does present both the potential and reality for a conflict of interest under the King County Code of Ethics.

As a police officer, the individual in this case would not only be familiar with personnel in the precincts, but could also be in a more advantageous position vis-à-vis other landscape contractors to know about prospective precinct projects before such projects become public knowledge. Competitors could easily perceive that a police officer would therefore have an advantage in any type of contractual relationship with the precincts. In addition, if a police officer were to become aware of landscape projects in advance of the public, and then pursued those projects, the officer would then incur a conflict of interest under the Code of Ethics.

The potentially advantageous position of the employee in this case is further reinforced by a recent change in contract requirements. This change does not stipulate the need for an open-bid process for contracts valued at under $2500.00. Thus, an individual may be awarded any number of contracts under this threshold figure without either competition or public notice. An employee who enters into a contractual relationship with his or her own division or department under these conditions necessarily invites a conflict of interest under the Code of Ethics.

County employees who are in privileged positions by virtue of their official duties, and who have access to information before it becomes public knowledge, can be perceived as having "an advantage beyond that which is available to every other citizen," particularly when they enter into contractual relationships with their own division or department.

References: King County Code of Ethics, section 3.04.020, subsections A and B.

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
James Montgomery, Sheriff, Department of Public Safety
Kyle Aiken, Legal Advisor, Department of Public Safety