ISSUE: POSSIBLE CONFLICT OF INTEREST OF AN EAST SAMMAMISH COMMUNITY PLAN CITIZEN ADVISORY COMMITTEE MEMBER WHO WORKS AS A LAW OFFICE WHICH REPRESENTS THE PARTIES OF INTEREST?

Opinion: The Board recommends that Mr. Cantor disqualify and recuse himself from all investigations, questioning, deliberations and voting on this issue. While the Board acknowledges his own proposal to participate in the questioning but not in the deliberations, we believe this is an insufficient distinction and will not address the issue of conflict of interest.

Statement of Circumstances: In response to a request for direction from the King County Board of Ethics and Pursuant to Section 12A of King County Ordinance No. 9704, the following advisory opinion is hereby rendered:

Analysis: Clifford A. Cantor, works as an associate with the Law firm Davis Wright Tremaine which represents both Port Blakely Tree Farms and Blackhawk Development Group. Mr. Cantor also serves as a member of the East Sammamish Community Plan Citizen Advisory Committee.

The East Sammamish Community Plan Citizen Advisory Committee is Charged to work with the County Planning Department and to produce a draft community plan update for the East Sammamish area which will be forwarded to the King County Council. In light of the connection between the Law firm of Davis Wright Tremain and the specific development project in the East Sammamish Plateau, the opinion of the Board is that Mr. Cantor's participation and deliberation on this project would constitute a conflict of interest.

Notwithstanding the "Chinese Wall" used to solve ethical problems in the practice of Law, the opinion of the Board is that Mr. Cantor's involvement with the Firm and the Commission poses a conflict of interest which would undermine the necessary independence of the planning the process.

GRANTED ON THE ___________ day of ___________, 1991.

Members:

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

JPD:dwm

cc:

Tim Hill, King County Executive
King County Councilmembers
Bob Stier, Deputy Prosecuting Attorney
Rella Foley, Ombudsman, Office of Citizen Complaints
Lawrie Robertson, Chair, East Sammamish Community
Plan Citizens Advisory Committee