October 17, 2005

KING COUNTY BOARD OF ETHICS MEETING NOTICE

When: Monday, October 17, 2005, 4:30 p.m.
Where: Bank of America Tower
701 Fifth Avenue, 34th floor
Conference Room, Suite 3460
Seattle, WA 98104

AGENDA

1. Approval of Agenda

2. Approval of Meeting Minutes of July 18, 2005.

3. Request for Advisory Opinion. Review and determination.

4. Ethics Web Site. Demonstration.

5. Duty to Notify Supervisors—Guidelines for Employees and Supervisors.

Review and approve of advisory opinion final draft.

6. 2005 Disclosure Program – Board Members.

• Filing suspension policies and requirements for requestors.
• Board members and timely filing.

7. Statement of Principles. Discussion and review of draft.

8. Board Meetings. Review upcoming schedule and possible change to Procedures for Meetings.

9. Meeting with Executive. Report

10. Staff Report.

• Staff Informational Response Summary
• Natural Resources and Parks Pilot Program
• 2006 Washington State Ethics Conference
• Commendations

11. 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

King County Board of Ethics
Bank of America Tower
701 Fifth Avenue, Suite 3460
Seattle, WA 98104 MS BOA-ES-3460
206-296-1586 Fax 206-205-0725
board.ethics@kingcounty.gov
http://www.kingcounty.gov/ethics/

Minutes of the October 17, 2005 , Meeting of the King County Board of Ethics

The October 17, 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 (by phone)
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
Al Boss, Web Designer, ITS, Department of Executive Services
Amy Calderwood, Director-Ombudsman, King County Office of Citizen Complaints
Cynthia Hickey, Wastewater Treatment Division, Department of Natural Resources and Parks

1. Approval of Agenda. Ms. Clemens asked that commendations be added to the agenda. Mr. Carlson moved and Rev. Pruitt seconded that the Board approve the proposed agenda. The Board unanimously adopted the motion.

The chair asked for introductions from those present.

Mr. Saltzman arrived at 4:34 p.m. ; Mr. Abrams arrived at 4:35 p.m.

2. Approval of Meeting Minutes of July 18, 2005. Rev. Pruitt moved and Mr. Saltzman seconded that the Board approve the July 18, 2005, meeting minutes. The Board unanimously adopted the motion and the minutes were approved.

Mr. Carlson requested that the administrator send documents to him which were referenced in the minutes under Agenda Items #8.

3. Request for Advisory Opinion. Ms. Clemens introduced Ms. Calderwood. Ms. Calderwood briefed the Board on the issues related to complaints filed by Mr. Costello and the subsequent requests for advisory opinion. She brought the matter to the Board to ensure due process for Mr. Costello; she takes no position on the matter. Mr. Carlson stated that the briefing was excellent and provided the exact position which should be taken by the Board. Rev. Pruitt stated that those who file complaints are not always right, but it is essential that they have a right to due process. He also stated that, based on the Board 's Rules, it must decline to issue an opinion. Ms. Clemens noted that Mr. Costello had sent her two e-mails just that afternoon and described the contents of the messages. The Board thanked Ms. Calderwood for her attendance and information. Mr. Carlson moved, based on the Code of Ethics, its Procedures for Issuing Advisory Opinions, and the facts surrounding the matter, that the Board decline to issue an advisory opinion or conduct a review because: 1) the matters are the subject of controversy and legal dispute and 2) advisory opinions are issued to guide future conduct, not current disputes; further that the Board direct the administrator to prepare a letter to the ombudsman explaining the determination of the Board. Rev. Pruitt seconded the motion and the motion was unanimously approved.

Ms. Calderwood left the meeting at 4:45 p.m.

4. Ethics Web Site. Mr. Boss demonstrated the newly designed ethics web site. Board members commented that it was user-friendly and elegant. Ms. Clemens noted that Mr. Boss had been extremely effective and timely, providing an exceptional service to the office and Board. Members expressed their appreciation for Mr. Boss' work.

Mr. Boss left the meeting at 5:03 p.m.

5. Duty to Notify Supervisor – Guidelines for Employees and Supervisors. Ms. Clemens briefed the Board on the final draft of advisory opinion 05-10-1162 that responds to the question: Whether there are specific guidelines for employees and supervisors in cases of potential conflict of interest under the Code of Ethics ? Mr. Saltzman stated that the opinion was clear and logical. Rev. Pruitt moved and Mr. Carlson seconded that advisory opinion 05-10-1162 be approved; the motion passed unanimously.

6. 2005 Disclosure Program – Board Members. Filing suspension policies and requirements for requestors. The administrator asked for Board review of a form created to ensure a more efficient process with more clearly defined responsibilities related to suspended filing requirements. Following discussion, Mr. Saltzman moved to approve the form with changes to reporting dates, and to approve communication by the administrator to department leadership should the department fail to report as agreed; Rev. Pruitt seconded the motion and the motion passed unanimously. Board members and timely filing. Ms. Clemens reported to the Board that despite regular education and reminders, it is believed that a small but significant number of newly nominated board and commission members do not file disclosure statements in a timely way, nor receive a summary of the Code of Ethics, nor sign an acknowledgment of receipt, all as required under the Code of Ethics. Following discussion, Mr. Saltzman moved and Rev. Pruitt seconded that the Board issue a letter to the executive and council chair outlining the problem and request that leadership within those two branches of government respond as to how they will address the situation. The motion passed unanimously.

Ms. Hickey left the meeting at 5:18 p.m.

7. Statement of Principles. Members discussed the response from the Seattle Ethics and Elections Commission (SEEC) to the draft statement. Ms. Clemens suggested that representatives from each board meet and discuss the matter directly. Mr. Carlson stated that the SEEC is a different entity than the county's ethics board and it may not view the statement as a priority. Mr. Saltzman noted that making our statement more general to fit all boards will make it less useful. Following discussion, Mr. Carlson moved that the administrator arrange a meeting among the boards, including Washington state boards; that there be a balance of members and staff who are authorized to speak on their boards' behalf. Mr. Saltzman seconded the motion and the motion passed unanimously.

Dr. Gordon left the meeting (by phone) at 5:44 p.m.

8. Board Meetings. Rev. Pruitt moved that the Board 's meeting schedule for the remainder of 2005 would be as follows: December 12, 2005, at 2:00 p.m. ; the November 21 and December 19 meetings are canceled. Mr. Carlson seconded the motion and the motion passed unanimously. Following discussion, Mr. Saltzman moved and Rev. Pruitt seconded that the Procedures for Meetings of the King County Board of Ethics be amended to change the meeting time from 4:30 p.m. to 2:00 p.m. The motion passed unanimously.

9. Meeting with the Executive. Chair Price Spratlen reported on the meeting with the executive that included the executive, Paul Tanaka, CAO, the chair, and Rev. Pruitt. Topics included 1) support for additional.5 FTE staff in the ethics office; 2) Statement of Principles; and 3) campaign activities. Rev. Pruitt noted that the meeting was positive and that the executive had stated there had been no problems with campaign activities this year. Ms. Clemens stated that employees had in fact complained to the ethics office regarding receipt of council position advertising on the county email system and that efforts to communicate in a collegial way with council legal staff had not been successful. She also noted that Board members were copied in the email exchange. The chair suggested that the Board also meet equally with the chair of the County Council. Mr. Carlson supported that notion. Following discussion, Mr. Carlson moved that the Board meet regularly with the executive, the council chair and other Washington state boards and commissions; Mr. Saltzman seconded the motion and the motion passed unanimously.

10. Staff Report. Staff Informational Response Summary. The ethics administrator reported that she issued 33 written staff informational responses (SIR) between July 7, 2005, and October 7, 2005, as requested by employees and elected officials of King County. Ethics issues addressed by the responses included: outside employment (2); wearing or displaying vendor logos; gifts; grants and contracts; acceptance of meals/refreshment (3); use of county resources – computers (2); use of county resources – special offers to employees (4); use of county resources – employee benefits; use of county resources – fundraising activities (6); granting special consideration based on position; conflict of interest with county position (3); complaint against county employee (2);and campaign activities (6).

Natural Resources and Parks (DNRP) Pilot Program. Ms. Clemens drew attention to the DNRP policy on the pilot program for personal electric vehicles contained in Board member packets. Mr. Abrams noted that the county now owns electric vehicles itself and plugs them in at county motor pool sites. DNRP will report on the program to the Board after the first of the year.

Mr. Abrams left the meeting at 5:56 p.m.

2006 Washington State Ethics Conference. Ms. Clemens reported on the planning meeting for the 2006 Washington State Ethics Conference, tentatively schedule for June, 2006. Commendations. Ms. Clemens reported that she has been working with Natural Resources and Transportation leadership and staff to conduct an extensive ethics education program in the second half of 2005. She suggested that the Board send letters of commendation or thanks to those individuals who demonstrate the importance of ethics in King County government, and offered to draft the letters for the chair's signature. The chair asked that the administrator keep records on those receiving commendations from the Board. The administrator voiced concerns about her ability to maintain this level of record-keeping given her current workload. Mr. Saltzman then moved to send letters of commendation as recommended by the administrator; Mr. Carlson seconded the motion and the motion passed unanimously.

11. Pending Appeal Hearing. Ms. Clemens briefed the Board on the disposition of the appeal hearing which has been canceled due to a settlement between the parties.

Chair Price Spratlen stated she would prepare a letter and card from the Board to Dr. Gordon in appreciation for her work on the Statement of Principles.

Mr. Carlson moved and Rev. Pruitt seconded the motion to adjourn the meeting. The Board unanimously approved the motion and the meeting was adjourned at 5:56 p.m.

Approved this ­­12 th day of December, 2005, by the King County Board of Ethics.

Signed for the Board:

__________________________________________________

Dr. Lois Price Spratlen, Chair