October 26, 1998
KING COUNTY BOARD OF ETHICS MEETING NOTICE
When: Monday, October 26, 1998; 4:30 p.m.
Where: E224 King County Courthouse Conference Room
PROPOSED AGENDA
1. Approval of Agenda. (2 minutes)
2. Approval of Meeting Minutes of August 17 and October 1, 1998. (4 minutes)
3. Requests for Advisory Opinions. Staff briefing; Board consideration. (25 minutes)
- Public Health - public/private coalitions
Ho-Chuan Chen - outside employment
Information and Telecommunications Services - personal use of cellular telephones
4. Proposed Ordinance Amending the Financial Disclosure Requirements. Staff briefing; determination of next steps. (15 minutes)5. Future Meeting Schedule for the Board of Ethics. Discussion and vote on 1998-99 meeting and event schedule. (15 minutes) 6. 1999 Business and Work Plan. Staff, DIAS briefing on1999 planning process and resources. (15 minutes)
7. Findings from the Office of Citizen Complaints-Ombudsman. Information only; no action required. (10 minutes)
Ethics complaint 9806-003E
Ethics complaint 9803-001E
8. Meeting with Executive Sims on October 8. Chair reports to Board. (10 minutes)
9. Staff Report. (15 minutes)
- 1998 COGEL Conference Report<
1999 Washington State Ethics Conference, June 24 & 25
Status Report on Consultant Disclosure Program from Executive Audit Services
Executive Email Policies
Seattle Ethics and Elections Commission Review
cc: Ron Sims, King County Executive
King County Councilmembers
Duncan Fowler, Director-Ombudsman, Office of Citizen Complaints
Sheryl V. Whitney, Director, DIAS
James J. Buck, Acting Deputy Director, DIAS
Carl Johansen, Deputy Prosecuting Attorney
Alonzo Plough, Director, Department of Public Health
Sharon Stewart Johnson, Deputy Director, Department of Public Health
Ho-Chuan Chen, Transportation Planner, Department of Transportation
Linda Greenough, Acting Planning, Finance & Administration Manager, Information and Telecommunications Services
MINUTES OF THE OCT. 26, 1998
SPECIAL MEETING OF THE BOARD OF ETHICS
The October 26, 1998 special meeting of the King County Board of Ethics was called to order by Chair Price Spratlen at 4:33 p.m.
Board members in attendance:
Dr. Lois Price Spratlen, Chair
Mr. Roland H. Carlson
Judge Paul M. Feinsod
Lembhard G. Howell, Esq.
Rev. Paul F. Pruitt had an excused absence.
King County employees in attendance:
Ms. Catherine A. Clemens, Administrator, King County Board of Ethics
Mr. Carl Johansen, Deputy Prosecuting Attorney, Office of Prosecuting Attorney<
Mr. James J. Buck, Acting Deputy Director, Department of Information and Administrative Services
Ms. Sharon Stewart Johnson, Deputy Director, Department of Public Health (leaving at 4:55 p.m.)
Ms. Joanne Nicolai, Risk Management, Department of Public Health (leaving at 4:55 p.m.)
Mr. Ho-Chuan Chen, Transportation Planner, Department of Transportation (leaving at 5:05 p.m.)
Ms. Linda Greenough, Manager, Information and Telecommunication Services, Department of Information and Administrative Services (arriving at 4:40 p.m.; leaving at 5:20 p.m.)
1. Agenda. Mr. Carlson moved the agenda be approved; Mr. Howell seconded the motion and the agenda was approved. Following approval of the agenda, those in attendance introduced themselves.
2. Approval of Meeting Minutes of August 17 and October 1, 1998. Following discussion, the Board determined the minutes were not "Confidential" but "Draft Only, Not Yet Approved" and directed Ms. Clemens to change future draft minutes to reflect that status. Mr. Howell then moved to approve the August 17 minutes as written; Mr. Carlson seconded the motion, and the motion passed unanimously. Mr. Carlson moved to approve the October 1 minutes; Judge Feinsod seconded the motion, and the minutes were approved.
3. Requests for Advisory Opinions.
Public Health: Ms. Clemens briefed the Board. In March of this year, Dr. Alonzo Plough, Director of the Department of Public Health, asked the Board for an advisory opinion. He wanted clarification about what staff activities are permitted when department employees are working on assignments with community coalitions. He describes those coalitions as public-private partnerships. In May, the Board directed Ms. Clemens to clarify certain facts with Director Plough to help them make an informed decision of whether or not to issue an advisory opinion. Questions were sent to Dr. Plough on July 7 and a response was received on September 3. The questions focused on current policies and procedures defining the roles and responsibilities for Public Health employees on assignment with community coalitions. The department's response indicated there were defined and appropriate policies in place for these employees regarding the areas of concern stated in the original request.
Ms. Clemens recommended that no advisory opinion need be issued by the Board since the department had already issued policies for their employees. In addition, she recommend the office of the Board of Ethics offer training for Public Health employees on ethics issues of concern. Judge Feinsod stated he endorsed the idea of training, but asked if the policies and procedures were in compliance with the Code. Ms. Stewart Johnson stated they were looking for guidance when they asked for the opinion and, since responding to the questions, now have a much clearer understanding of the Code parameters regarding employee activities. She stated the Department had not compared job descriptions against the Code since they have over 1400 FTEs. Both Mr. Howell and Mr. Carlson stated such a comparison is not necessary. Mr. Carlson moved that the Board accept the Administrator's recommendations; Mr. Howell seconded the motion, and the motion passed unanimously. Outside Employment/Mr. Ho-Chuan Chen: Mr. Chen addressed the Board. He is an employee of the Department of Transportation and owned a transportation consultant firm prior to being hired by the County. Currently employed full time by the county, he wants to continue outside employment as a consultant or subcontractor, doing work similar to his county employment for municipalities and government agencies within Washington state. After receiving a Staff Informational Response on this issue, he requested an advisory opinion from the Board of Ethics whether he may continue his outside consulting work. The Board discussed how municipalities were connected to county services. Following that discussion, Ms. Clemens stated that of all ethics inquiries from county employees, secondary or outside employment issues are among the most frequently raised. Mr. Chen has appropriately sought guidance from the Board of Ethics in order to avoid a potential violation of the Code. She recommended the Board direct her to draft an advisory opinion as requested for consideration at the next scheduled Board meeting. Mr. Carlson moved to adopt the recommendation of Ms. Clemens; Judge Feinsod seconded the motion, and the motion passed unanimously. Information and Telecommunication Services: Ms. Clemens briefed the Board. On October 6, she received a request for an advisory opinion from King County Information and Telecommunication Services. The request stated that a county policy council made up of department directors is drafting a new cellular phone policy. Currently personal calls made on cell phones must be reimbursed; they now wish to give department directors discretion whether or not to enforce that requirement. This issue is within the board's jurisdiction. Because electronic communication is a rapidly expanding technology in the County and because the board last addressed the issue in 1993, Ms. Clemens recommended the board issue an advisory opinion.
Mr. Carlson stated that this is an expensive resource and asked how costs are determined. Ms. Greenough explained the system of user identification. Mr. Carlson and Mr. Howell agreed that it is difficult to determine costs. Judge Feinsod stated it is the policy issues that concern him most with this request. Mr. Johansen asked if it was within the power of the County Ethics Board to waive fees, referring to state law RCW 42.52.160 which allows state ethics boards to adopt rules providing exceptions to use of state property. Mr. Carlson suggested it is management's responsibility to determine use of company resources. Judge Feinsod stated his feeling that this is an important issue and his desire for the board to pursue it. Mr. Howell agreed with Mr. Johansen in that the board may not give department directors certain authorities and suggested he write an amendment to the Code to recommend a change. After further discussion about this course of action by the Board, Mr. Howell moved that the Board follow the recommendation of the Administrator and direct her to draft an advisory opinion, with consultation and memorandum from counsel, for the next board meeting. Mr. Carlson seconded the motion, and the motion passed unanimously. 4. Proposed Ordinance Amending the Financial Disclosure Requirements. Ms. Clemens informed the Board that on October 13, the proposed ordinance, briefing paper and transmittal letter were hand delivered to the Executive and County Councilmembers. The Board discussed possible next steps, including individual meetings with Executive Sims and Councilmembers. Judge Feinsod stated he hoped for bi-partisan support and felt comfortable being a resource rather than a lobbyist. Mr. Howell agreed; however, he reminded the Board that this issue was first raised by Councilmembers and the Board would be acting as advocates for Councilmembers' wishes. Mr. Carlson and Chair Price Spratlen stated they hoped the Council would give this important issue a fair hearing. The Board discussed alerting the media, but chose to first work through the Council and Executive. Mr. Buck announced that the Board will be hearing back from the Executive shortly on both the proposed amendment and the executive policies submitted last July. He stated the Executive has concerns primarily about privacy when disclosure statements are reviewed by agency heads. He also noted that the normal legislative process is to first send the proposed ordinance to the executive; if he finds it favorable, his staff will act as liaison with the Council. Mr. Johansen mentioned recent exceptions to this process. Hearing these comments, Chair Price Spratlen suggested delaying any Board action until they hear from the Executive or until the end of the year. Judge Feinsod asked Mr. Buck to communicate to the Executive the Board's willingness to work with him if there are any areas of concern.
5. Future Meetings. The Board established a meeting and event schedule for the remainder of 1998 and the year 1999. Finalized copies will be mailed to Board members.
6. 1999 Business and Work Plan. Due to time considerations, agenda item 6. was tabled.
7. Findings from the Office of Citizen Complaints-Ombudsman. Ms. Clemens briefed the Board on two recent findings from the O.C.C. The first finding was based on a complaint that Councilmember Chris Vance had violated the Code of Ethics due to a conflict of interest. The complaint charged he failed to disclose the conflict and then voted on a issue in which he had a financial or other private interest. The Ombudsman found no violation. The second finding was based on a complaint as to whether a consultant had violated the Code of Ethics when he failed to disclose a potential conflict of interest on the consultant disclosure form. Again the Ombudsman found no violation. Copies of both findings were provided by the Administrator to Board members.
Meeting with Executive Sims. Chair Price Spratlen reported on the October 8 meeting which included the Chair, Rev. Pruitt and Executive Sims. They discussed three issues related to the work of the Board and the Administrator:
1) Disclosure Programs in Compliance. For the first time, the ethics office is in compliance with mandated programs of financial disclosure and consultant disclosure, affecting over 2000 filers;
2) Training and Education. Dr. Price Spratlen provided Executive Sims with statistics showing that over 1,000 employees have received ethics training so far this year; additional resources are key for these gains to continue. In addition, the office is using technology to create a well developed information resource on the Ethics web site, and
3) Collaborative Relationships. The Ethics Administrator is developing more collaborative working relationships between the ethics office and county departments and has developed a quarterly training forum with the Ombudsman and the Office of Civil Rights Enforcement for county employees.
Chair Price Spratlen also reported that Executive Sims stated we would have no new funds in 1999 but said we may expect a transfer of support to the ethics office. She stated that she would return to talk with Executive Sims to clarify what 'transfer of support' meant so that the understanding is consistent for all parties. Clarity is still needed in the area of additional support for the work of the Board. Chair Price Spratlen stated Executive Sims is pleased with and supportive of the work of the Board and the office.
9. Staff Report. Ms. Clemens reported to the Board on current administrative issues.
The COGEL conference was a financial and educational success. Over 250 members and non-members attended. All bills are not yet in, but the conference will make a profit of between $10,000 and $25,000. Proceeds go to fund international speakers and COGEL programs, such as training. County costs were under $5000, and included over 60 hours of county employee time, not including the work of the Administrator. Chair Price Spratlen suggested increasing representation of local speakers and presenters.
Washington State Ethics Conference. Planning for the conference has already begun and will be hosted by the King County Board of Ethics, Seattle Ethics and Elections Commission and Washington State Ethics boards. Ms. Clemens has invited Executive Sims to be our keynote speaker and he has accepted. She has also invited Dr. J. Patrick Dobel to lead a session of issues important to board and commission members.
State Report on Consultant Disclosure Program. The Executive Audit Services has issued a preliminary report to the Executive regarding the consultant disclosure program managed by the Administrator. For the first time, this program is in compliance with its requirements under the Code of Ethics. This program, which affects every department within King County, averages four hours of staff time per week.
Executive e-mail Policy. Ms. Clemens reported there is growing interest in electronic policies today by county employees, board members, citizens and the media. As a continuing update on these issues, she included the new executive policy for use of e-mail by employees in Board packets. The policies are in accordance with board advisory opinions.
Seattle Ethics and Elections Commission Review. Recent news articles were provided for the Board's information.
Chair Price Spratlen expressed the Board's appreciation for the work of Mr. Johansen on the proposed amendment to the financial disclosure requirement under the Code of Ethics.
At 6:30 p.m., Chair Price Spratlen moved to adjourn the meeting; Mr. Carlson seconded the motion; the motion was approved unanimously and the meeting was adjourned.
Approved this ___ day of _________________, 1998
by the King County Board of Ethics.
Signed for the Board: _________________________________________
Dr. Lois Price Spratlen, Chair
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