Advisory Opinion 92-02-1039
Definition of "Responsibility"

ISSUE: THE DEFINITION OF THE TERM "RESPONSIBILITY" IN THE KING COUNTY CODE OF ETHICS

Opinion: Revised 1/14/91 Determining whether a person has "responsibility" for a matter under the Code of Ethics is not primarily a function of job title, but of work activity.

An employee's responsibility may occur because of job title, delegation or may evolve as part of their work activity.

The term responsibility does not have a clear cut or universally applicable definition. The Board determines an employee's level of responsibility on a case by case basis and uses the following non exhaustive list of criteria to guide them:

• Does an employee substantially participate in decisions relating to persons doing or seeking to do business with the County?
• Is an employee held accountable for the decisions he or she makes, either formally or informally?
• Does an employee exercise discretion with regard to his or her actions or decisions?
• Is an employee's involvement in a matter merely ministerial?
• In addition to the formal power to affect an action, does the employee have the ability to control or affect the processes or decisions because:
  1. Of his or her influence?
  2. His or her recommendations are given substantial weight by the formal decisionmakers?
• Is an employee substantially participating in an action or decision. (In this instance, the Board believes that he or she would also be responsible for making decisions.)

Finally, the Board has interpreted the definition of "participate" found in Section 3.04.017 (J) of the Code to closely parallel both the terms "responsible" and "decisionmaker." Based on our interpretation of the Code, we find that if an employee is substantially participating in an action or decision, he or she is also responsible for making decisions concerning the subject or activity.

Statement of Circumstances: In response to a number of inquires regarding the definition of the word "responsibility," the King County Board of Ethics issues the enclosed Advisory Opinion

Analysis:

AUTHORITY RELIED UPON

King County Code 3.04.017 Definitions.

D. "County employee" or "employee" means, any individual who is appointed as an employee by the appointing authority of a County agency, office, department, council, board, commission or other separate unit or division of County government, however designated, but does not include employees of the County's judicial branch. The term "County employee" also includes County elected officials and members of County boards, commissions, committees, or other multi-member bodies, but does not include officials or employees of the County's judicial branch but does include employees of the department of judicial administration.

J. "Participate" means, in connection with a transaction involving the County, to be involved in a County action personally and substantially as a County employee either directly, or through others through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or otherwise.

King County Code 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:

F. Discusses or accepts an offer of future employment with any person doing or seeking to do business with the County if either:

2. The employee has "responsibility" for a matter upon which the person is doing or seeking to do business with the County unless the employee has first disclosed in writing to his or her appointing authority that the employee intends to discuss future employment with a specific person and the appointing authority has designated, in a memorandum filed with the Ombudsman and the Clerk of the Council, a method of providing for an alternative decisionmaker with regard to matters involving such person for which the employee otherwise would have responsibility;

C. No former County employee may assist any person for compensation or share in compensation received by any person on matters concerning which the former employee is prohibited from participating personally.

ISSUED ON THE _______________ day of ____________________, 1992

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

Members:

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

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cc:

Tim Hill, King County Executive
King County Councilmembers
Robert Stier, Deputy Prosecuting Attorney, Legal Counsel to the King County Board of Ethics
Rella Foley, Ombudsman, Office of Citizen Complaints
All Department Directors and Division Managers of King County Organizational Units