June 21, 1999
KING COUNTY BOARD OF ETHICS MEETING NOTICE
When: Monday, June 21, 1999; 4:30 p.m.
Where: Bank of California Building; 8th floor
King County Family Support Division Conference Room
AGENDA
1. Approval of Agenda. (2 minutes)
2. Approval of Meeting Minutes of April 19, 1999. (4 minutes)
3. Policies and Procedures. Review and Discussion (20 minutes)
- Procedures for Meetings
- Procedures for Issuing Advisory Opinions
4. Proposed Ordinance to Amend Financial Disclosure Requirements. Update and Discussion. (10 minutes)
5. Business Plan 2000. Update and Discussion (15 minutes)
6. Request for Confidential Memo. Discussion (10 minutes)
7. Informal Meeting with Executive. Discussion of suggested topics. (15 minutes)
8. Ombusdman's Findings on Ethics Complaint 9709-0012E and 9709-0013E. Staff briefing and Board discussion. (15 minutes)
9. Staff Report (20 minutes)
- Final Financial Disclosure Report
- Staffing
- Washington State Ethics Conference—June 25, 1999
- May 18, 1999 Board Reception
- Puget Sound Network for Ethical Business Conduct Report
- Miscellaneous Correspondence
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 A. Johansen, Senior Deputy Prosecuting Attorney
Minutes of the June 21, 1999 Meeting of the King County Board of Ethics
The June 21, 1999 meeting of the King County Board of Ethics was called to order by Chair Price Spratlen at 4:31 p.m. Board members in attendance were:
Dr. Lois Price Spratlen, Chair
Lembhard G. Howell, Esq.
Rev. Paul F. Pruitt
Mr. Roland H. Carlson
Others in attendance: Ms. Catherine A. Clemens, Administrator, King County Board of Ethics
Mr. Carl A. Johansen, Senior Deputy Prosecuting Attorney
1. Proposed Agenda. Ms. Clemens requested to add another item to the agenda, Ombudsman's Findings on Ethics Complaint 9709-0012E and 9709-0013E. With that addition, Rev. Pruitt moved the agenda be approved; Mr. Carlson seconded the motion and the agenda was approved.
2. Approval of Meeting Minutes of April 19, 1999. Rev. Pruitt moved to approve the April 19, 1999 meeting minutes with minor clerical corrections; Mr. Carlson seconded the motion, and the minutes were approved.
3. Policies and Procedures. Ms. Clemens briefed the Board on the status of the proposed procedures. During the Board meeting of April 19, 1999, members requested that Ms. Clemens, Mr. Johansen and Mr. Buck work together to draft proposed procedures regarding board meetings, issuing advisory opinions, and financial disclosure programs. Procedures for meetings and opinions were subsequently drafted and were enclosed in board packets; procedures for financial disclosure programs were set aside for the time being due to the proposed financial disclosure amendment to be addressed by the County Council.
Following Board discussion and review, Mr. Carlson moved that the Board approve the procedures regarding board meetings, with minor clerical changes, and directed the administrator to file the document with the Clerk of the Council and send a courtesy copy with cover letter of explanation to the Executive. Rev. Pruitt seconded the motion and the motion passed unanimously. Following discussion and review of the procedures for issuing advisory opinions, Mr. Howell moved to adopt the procedures for issuing advisory opinions and process them in the same fashion as the procedures regarding board meetings. Mr. Carlson seconded the motion, and the motion passed unanimously.
Upon a question by Mr. Carlson, Mr. Johansen explained that the Board has the authority to set procedures without going through the Executive, although the previous procedures did go through the Executive. He stated that Board-established procedures are more flexible and more easily accommodate the interests and intent of the Board. He added that these procedures, following a thirty day waiting period after filing, will supercede previous Executive procedures. He also informed the Board that three members out of five constituted a quorum; two members out of three in attendance would constitute a quorum. The Board also decided that in the case of dissenting votes or abstentions, the identity of the dissenting or abstaining members would be noted in the minutes.
Proposed Ordinance to Amend Financial Disclosure Requirements. Ms. Clemens noted that Mr. Buck was absent because he was attending a conference. She distributed a letter received by facsimile that afternoon which had been drafted by Mr. Buck. The letter was from Executive Sims and addressed to Council Chair Louise Miller. It stated the Executives support of the Board of Ethics proposed amendment to the financial disclosure requirement under the Code of Ethics. The Board reviewed the letter and noted their appreciation for Mr. Buck’s excellent work. The Board unanimously agreed that each member would write to Council members in support of adoption. The Board directed Ms. Clemens to support the Board in this effort by providing them with talking points and Council member addresses.
Ms. Clemens introduced the draft business plan, which was previously reviewed by Mr. Buck. Together with the Board, Ms. Clemens walked through the plan, its goals, implementation steps, and performance measures. She noted that the goals identified in the plan conform to the Board of Ethics four goals, and fit within the King County Strategic Goal of Effective Government.
Mr. Carlson suggested the current mission be changed to read: "To ensure the highest standards of public service by developing, disseminating and promoting readily understandable ethics requirements for King county employees and agencies." The Board immediately approved of the new language. Mr. Howell moved to adopt the proposed language for the new mission statement. Rev. Pruitt seconded the motion and the motion passed unanimously. The Board expressed its appreciation to Mr. Carlson.
Ms. Clemens drew the Board's attention to two implementation items: first, a proposed review by an academic intern of training and education programs nationwide, with possible recommendations for the county's program; and second, a proposed feasibility study on electronic filing of financial disclosure statements. She also informed the Board of a recent budget meeting with Ms. Whitney, Director of DIAS, and Mr. Buck in which it was decided that she would include three requests for funding above status quo. They are: 1) .5 FTE for disclosure programs; 2) construction of a work/storage space planned for but never built in the ethics office; and 3) one time support to bring the web page up to date, including full text of all advisory opinions, followed by ongoing support. The Board discussed the essential items needed on an effective web site and decided to review at a later date. Ms. Clemens informed the Board that the budget is due on July 7 and she is meeting with budget personnel assigned to the ethics office that week in order to meet those deadlines.
During the discussion of Goal #4, Collaboration Among Peers, Rev. Pruitt reported on the recent luncheon and meeting of the Puget Sound Network for Ethics and Business Conduct hosted by Ms. Clemens on behalf of the County ethics office. He stated the meeting was well organized and that he appreciated being invited. He commented on the good relationships fostered by this kind of gathering among public and private ethics agencies. Based on discussions during the luncheon, he noted that department directors frequently are reluctant to take responsibility for actions within their agencies because of legal implications.
Rev. Pruitt then moved to accept the Draft 2000 Business Plan, with corrections. Mr. Howell seconded the motion and the motion passed unanimously.
- Request for Confidential Memo. Ms. Clemens briefed the Board, informing them that Ms. LaMothe, former Board Council, contacted her by telephone on Monday, May 10, 1999. Ms. Clemens was informed that Councilmember McKenna contacted Ms. LaMothe and requested a copy of a confidential memo written by Ms. LaMothe to the Board related to advisory opinion 1157, Procurement of Consultant/Conflict of Interest. Councilmember McKenna did not contact the ethics office. Ms. Clemens relayed this information to Chair Price Spratlen who in turn placed the issue on the June 21 meeting agenda. After careful discussion, the Board decided no action was required or would be taken.
- Informal Meeting with Executive.
The Board discussed issues to be addressed at the next informal meeting among Executive Sims and Board members Howell and Price Spratlen to be held June 29, 1999. They unanimously decided upon four topics: 1) Financial Disclosure Program outcomes and what action the Executive plans to take on those who have failed to file; 2) the status of executive appointments to the Board; 3) review Business Plan 2000 and ask for Executive input for new initiatives; and 4) discuss the Executive's letter of support for the proposed amendment.
Ombudsman's Findings Re 9709-0012E, 9709-0013EMs. Clemens briefed the Board on official findings from the Office of Citizen Complaints--Ombudsman on two ethics complaints against Councilmember Jane Hague. The office found no reasonable cause on the first complaint. It found reasonable cause to believe that allegations in the second complaint were supported, specifically related to her solicitation of funds to support her campaign for the position of Second Vice President of the National Association of Counties. The official findings had only been completed that day and hand delivered to Councilmember Hague and the ethics office. Ms. Clemens provided complete copies, which were distributed to all attending the Board meeting. At issue for the Board is whether or not they might receive a request for appeal from the Councilmember. Any appeal must be filed by July 11, 1999, twenty (20) days after receipt of the official findings. The Board discussed the likelihood of such an appeal, and Mr. Howell agreed to preside over the matter if one was filed.
Staff Report. Ms. Clemens reported on current activities and initiatives affecting the ethics office. Financial Disclosure Report. The final report was completed and delivered via e-mail to Executive Sims, Councilmembers, the Ombudsman, and Department Directors on June 1, 1999. The report included a descriptions of the program; training and education; notification, reminders and reports; review and audit process; compliance statistics; penalties; and a note regarding the Board's recent proposed amendment. Overall, of 1857 employees required to file, 95% were in compliance. Of the 446 board members required to file, only 78% were in compliance. Staffing. Ms. Clemens announced that Ms. Leber, disclosure program coordinator, is leaving on June 25, 1999. No loaned staff is presently assigned. She also announced to the Board that she will be taking vacation beginning October 6 and returning November 1, 1999. No staff has yet been assigned to fill in during that period. Washington State Ethics Conference--June 25, 1999. The conference will be held on Friday and Ms. Clemens encouraged all to attend the breakout session for board and commission members. Mr. Carlson stated he would like Board of Ethics business cards for these type of occasions. May 18, 1999 Board Reception. The low turnout was discussed. Chair Price Spratlen stated that the Board should continue to hold the event, but be strategic and suggested the Board invite the Seattle Ethics and Elections Commission as well as members of the media. It was suggested to provide only cookies and coffee for refreshment and that members personally lobby invitees to make the significance of the event known to them. Puget Sound Network for Ethical Business Conduct Report. Previously discussed. See notes above. Miscellaneous Correspondence. A letter dated April 29, 1999, from Ms. Clemens to Mr. Robert Stanton, VP of Penhallegon Associates Consulting Engineers, Inc., regarding the resolution for Advisory Opinion Regarding Post Employment Restrictions. No discussion took place and no action was taken.
At 6:45 p.m., Mr. Howell moved to adjourn the meeting. Mr. Carlson seconded the motion. The motion was approved unanimously and the meeting was adjourned.
Approved this _____day of _________________, 1999 by the King County Board of Ethics.
Signed for the Board:____________________________________________________________
Dr. Lois Price Spratlen, Chair
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