June 20, 2005

KING COUNTY BOARD OF ETHICS MEETING NOTICE

When: Monday, June 20, 2005, 4:30 p.m.

Where: Bank of America Tower

701 Fifth Avenue, 34 th floor

Conference Room, Suite 3460

Seattle, WA 98104

AGENDA

1. Approval of Agenda

2. Approval of Meeting Minutes of May 25, 2005.

3. Statement of Common Principles. Discussion and review of draft.

4. Duty to Notify Supervisors--Guidelines for Employees and Supervisors.

Discussion and review.

5. Recognizing King County Board and Commission Members. Discussion

• Use of county resources to write recommendations
• Systematic process to recognize member service

6. Political Activities for Board Members. Discussion.

7. Staff Report.

• Staff Informational Response Summary
• 2005 Financial Disclosure Program -- Status report
• Ethics Education for Directors and Deputies
• Request for Advisory Opinion -- Response to Requestor

8. Future Board Meeting Schedule. Review.

9. Ethics Administrator. Review of scope of work and responsibilities.

10. Pending Appeal Hearing. Update

Upon advance request, reasonable accommodations for people with disabilities

are available by calling 206-296-1586 or TTY Relay: 771

ALTERNATE FORMATS AVAILABLE

Minutes of the June 20, 2005, Meeting

of the King County Board of Ethics

The June 20, 2005 , meeting of the King County Board of Ethics was called to order by Chair Price Spratlen at 4:30 p.m. Board members in attendance were:

Lois Price Spratlen, PhD, Chair

Roland H. Carlson

Margaret T. Gordon, PhD

Rev. Paul F. Pruitt

Jerry Saltzman

Others in attendance:

Catherine A. Clemens, Administrator, Board of Ethics

Alan Abrams, Senior Deputy Prosecuting Attorney and Board Counsel

1. Approval of Agenda. Rev. Pruitt moved and Mr. Carlson seconded that the Board approve the proposed agenda. The Board unanimously adopted the motion.

Mr. Abrams arrived at 4:33 p.m.; Mr. Saltzman arrived at 4:37 p.m.

The chair asked for introductions from those present.

2. Approval of Meeting Minutes of May 25, 2005. Mr. Carlson moved and Rev. Pruitt seconded that the Board approve the May 25, 2005, special meeting minutes. The Board unanimously adopted the motion and the minutes were approved.

3. Statement of Common Principles. Dr. Gordon briefed the Board and distributed a revised draft. Ms. Clemens distributed a letter received from Executive Director Susan Harris on behalf of the Washington State Executive Ethics Board (WSEEB). The WSEEB declined to take part in the initiative since there are enough differences in code interpretations that overall assistance to its clients would be minimal and an all-inclusive document would be difficult. Mr. Carlson stated that he respectfully disagreed that there are not enough commonalities to make the project worthwhile. The letter also stated that the board is focusing its limited resources to areas of greatest concern for those that it regulates, but wishes to keep channels of communication open and to discuss further the possibility of co-hosting an ethics conference in the future. The Board agreed to move forward with the initiative and keep the Washington state boards informed. Dr. Gordon read the draft; the Board expressed agreement. Mr. Saltzman stated that the title should reflect only those taking part at this time and discussion of the title followed. Chair Price Spratlen stated the Board should review, consider future action and discuss at the next meeting. Mr. Saltzman moved to accept the draft for the purpose of critique and feedback to Dr. Gordon; Rev. Pruitt seconded the motion and the motion passed unanimously. Ms. Clemens will forward the revised draft to members; comments should be directed to Dr. Gordon by July 1 st, with the next revised draft to Ms. Clemens no later than July 5 th. Chair Price Spratlen thanked Dr. Gordon for her superior work on the statement.

4. Duty to Notify Supervisors--Guidelines for Employees and Supervisors. Ms. Clemens briefed the Board on her proposal that the Board of Ethics issue guidelines in the form of an advisory opinion to educate and inform county employees and supervisors of ethics code provision KCC 3.04.037. She stated that there is historical precedence to this proposal, namely advisory opinions 1081 and 1146, and that the opinion would serve as an important education and prevention tool. Following discussion, Dr. Gordon moved to accept the proposal and to review the draft opinion at the next scheduled meeting. Mr. Saltzman seconded the motion and the motion passed unanimously.

5. Recognizing King County Board and Commission Members. Mr. Abrams briefed the Board, focusing on his memo provided in Board packets. It stated that, based on advisory opinions and the code that: 1) i t is permissible for the ethics Board to provide plaques or commendations to Board members and staff as recognition for their meritorious service while participating on or for the Board ; 2) the code clearly prohibits the receipt of gifts, compensation or things of value related to official duties; 3) Board members may not use their public office for his or her private gain or for the private gain of third persons with whom the Board member is affiliated in a non-governmental capacity; and 4) Board members should not use their public office in a manner that could reasonably be construed to imply that the ethics Board or the county sanctions or endorses his/her personal activities or those of another.

Ms. Clemens stated that her research through Human Resources Division (HRD) on the matter of recommendations for county employees revealed that HRD is conducting a review of this issue, and that there are no written policies or guidelines at this time. The Board discussed gift giving from employee to employee. Chair Price Spratlen asked that any opinion from counsel should include a humane element; Mr. Saltzman stated he primarily wishes to ensure that Board activities conform to and are consistent with county policy and laws. The Chair directed counsel to give thought to refining his memo and to continue to work with the Board on the matter at the next scheduled meeting.

6. Political Activities for Ethics Board Members. The matter was deferred to the next scheduled meeting.

7. Staff Report. Ms. Clemens briefed the Board . Staff informational responses. The ethics administrator issued ten (10) written staff informational responses (SIR) between May 10, 2005 , and June 9, 2005 , as requested by employees and elected officials of King County . This summary is intended to inform the Board of Ethics of the number and range of topics of the SIRs. Generally, at least one Board member and Board counsel are copied on the response. Ethics issues addressed by the responses include: acceptance of gifts -- conference "give-a-ways"; campaign activities -- employee participation in politics; campaign activities -- board member participation in agency-related union activities; use of county resources -- credit union promotions; potential conflict of interest -- support of contracting agency; use of county resources -- cell phones (2); nepotism -- hiring practices; post-employment restrictions; and outside employment. 2005 Financial Disclosure Program--Status report. As of June 13, 2005 , of the 2,411 employees and 432 board and commission members required to file statements, all had filed. Ms. Clemens noted that one employee and one board member have not filed due to a suspension of the filing requirement approved previously by the Board of Ethics. Those individuals will file as soon as they are able or unless they no longer are required to file due to change in affected status. Ethics Education for Directors and Deputies. There was no new information to report. Request for Advisory Opinion -- Response to Requestor. No action was required or taken.

8. Future Board Meeting Schedule. The Board reviewed future the meeting schedule and determined that, should changes need to be made, it would address the schedule on a month-by-month basis.

Due to the discussion of future meetings and schedules, the Board addressed agenda item #10.

10. Pending Appeal Hearing. Ms. Clemens distributed a memo from Presiding Officer Carl Johansen informing the Board that no pre-hearing conference had yet been scheduled or requested and that we remain in compliance with the timeline stated in the appeal hearing procedures. Rev. Pruitt moved, and Mr. Carlson seconded, to accept the memo from the presiding officer; the motion passed unanimously.

9. Ethics Administrator. Ms. Clemens briefed the Board and provided information on performance measures, official responsibilities, and work plan and initiatives for the ethics administrator. Ms. Clemens noted that in 2004, due to the success of the Awareness Campaign, her written and oral informational responses to ethics-related requests from county employees had doubled. Chair Price Spratlen noted that the Board's outreach efforts over the past decade directed to the executive and county council was having good results.

Mr. Abrams left the meeting at 5:58 p.m.

Mr. Carlson discussed the importance of changing attitudes as well as actions related to ethics, and stressed the importance for managers to take a major responsibility for ethics issues. Dr. Gordon stated that employees should also know that they may contact the Board of Ethics for opinions and guidance. Chair Price Spratlen stated that employees have multiple ways to receiving information and resolving issues.

The Board decided to defer discussion of this matter until the July meeting and that it would place the item at the top of the agenda.

Dr. Gordon moved and Mr. Saltzman seconded the motion to adjourn the meeting. The Board unanimously approved the motion and the meeting was adjourned at 6:08 p.m.

Approved this 18 th day of July, 2005, by the King County Board of Ethics.

Signed for the Board:__________________________________________________

Dr. Lois Price Spratlen, Chair