May 15, 2006

KING COUNTY BOARD OF ETHICS MEETING NOTICE

AGENDA

1. Approval of Agenda

2. Approval of Meeting Minutes of March 20, 2006

3. Request for Advisory Opinion Clarification. Honoraria

4. 2006 Financial Disclosure Program. Report; request for suspension.

5. Timely Filing by Board and Commission Member Nominees. Report.

6. Statement of Principles. Status report.

7. Nomination of Board Chair. Discussion.

8. Staff Report

   • Staff informational response summary
   • 2006 Washington State Ethics Conference
   • Withdrawal of request for advisory opinion re: post-employment
   • Other Ethics Jurisdictions
   • Washington State Executive Ethics Board newsletter
   • Washington State Public Disclosure Commission meeting agenda
   • Miscellaneous Correspondence

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
Columbia Center
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 May 15, 2006, Meeting
of the King County Board of Ethics

The May 15, 2006, meeting of the King County Board of Ethics was called to order by Board member Roland H. Carlson at 2:00 p.m. Mr. Carlson was chosen by other members in attendance to serve as chair because Dr. Price Spratlen was delayed. Board members in attendance were:

Lois Price Spratlen, Ph.D., Chair
Roland H. Carlson
Margaret T. Gordon, Ph.D.
Rev. Paul F. Pruitt
Jerry Saltzman

Others in attendance:
Catherine A. Clemens, Executive Director, Board of Ethics
Alan Abrams, Senior Deputy Prosecuting Attorney and Board Counsel
Viviane Diaz, Administrative Specialist III, Board of Ethics
David P. Bibus, MPH, Deputy Division Manager, Prevention Division, Public Heath

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

2. Approval of Meeting Minutes of March 20, 2006. Rev. Pruitt moved and Mr. Saltzman seconded that the Board approve the March 20, 2006, meeting minutes. The Board unanimously adopted the motion and the minutes were approved.

   Mr. Carlson asked for introductions from those present.

   Mr. Abrams arrived at 2:04 p.m.; Dr. Price Spratlen arrived at 2:06 p.m.

3. Request for Advisory Opinion Clarification. Ms. Clemens briefed the Board. The manager of the Prevention Division, Department of Public Health (PH), asked the Board of Ethics to clarify advisory opinion 1042 related to acceptance of honoraria. Specifically, he asked whether it would constitute a conflict of interest for a PH employee to: 1) accept an honorarium for making a presentation at a conference at which he is a representative of King County and attending on county time; 2) use the honorarium for a personal purpose; and 3) whether it would be acceptable for PH employees to accept honoraria as personal income if other circumstances surrounding the offer were essentially the same as the instant case. Mr. Bibus continued the briefing, adding information related to the collaborative relationship between the University of Washington and the county; the employee in this case works as an adjunct professor at the UW as a continuation of his county work. The employee wished to use the honorarium for student supplies in a course he is teaching at the UW.

   Following discussion, Mr. Carlson moved that the Board determine that when a county employee is working as a representative of King County on county time, they may receive only their compensation, costs or fees as provided by law and must decline the honorarium for personal use. Further, that under the circumstances described in this request for clarification of opinion 1042, the employee may accept the honorarium on behalf of the county, for a county purpose, and with county prior approval, and must adhere to county law related to acceptance of gifts, bequests and donations under K.C.C. 2.80. Dr. Gordon seconded the motion. Mr. Saltzman stated that it would seem that because of the collaborative relationship between Public Health and the UW, there is a county purpose if the money was used in the manner described. Dr. Gordon asked who would decide if the honorarium would be accepted by the county and how the monies were to be used. Mr. Abrams stated that the County Council, under K.C.C. 2.80, should be the body to make those determinations by motion. The chair called for the question and the Board unanimously adopted the motion. Ms. Clemens stated she would forward the board's decision to Mr. Bibus.

4. 2006 Financial Disclosure Program. Ms. Diaz briefed the Board of the status of the 2006 financial disclosure program. She stated that as of the April 17th, 9:00 a.m., deadline, 99.5% of the 2,864 King County employees and board members had filed; 13 individuals had not filed. On April 18th, the ethics office sent a show cause letter to five board members and six employees who had not yet filed; two of the 13 individuals had filed by that time. On May 2nd, only two members of the Landmarks Commission had not yet filed a statement. Therefore, the ethics office sent the final notification letter to those two individuals via the staff liaisons to the commission with copies to the ombudsman and executive. Ms. Clemens noted that a Department of Natural Resources and Parks supervisor has requested a suspension from the requirement for one non-filer; that request was attached for Board review and action. Following discussion, Mr. Saltzman moved to approve the request for suspension of the requirement to file statements of financial and other interests; Rev. Pruitt seconded the motion and the motion passed unanimously.

5. Timely Filing by Board and Commission Member Nominees. Ms. Clemens briefed the Board. On December 12, 2005, Chair Price Spratlen wrote to Executive Sims and Council Chair Phillips regarding timely filing by nominees to county boards and commissions. A small but significant number of nominees had filed late. Since then, James Buck, administrative services manager, Department of Executive Services, Rick Ybarra, special projects administrator for the executive, and Ms. Clemens met to discuss the creation of a consistent nomination process that would expressly include the required ethics disclosure statement. Based on that meeting and working together to create a standardized nomination packet, Mr. Ybarra sent notification to all executive branch staff liaisons of the creation of a new process and packet. This action should greatly increase timely filing of disclosure statements with the ethics office. Ms. Clemens is also working with Councilmember Phillips' staff on the same initiative.

6. Statement of Principles. Dr. Gordon briefed the Board regarding her work in identifying and hiring a research assistant for 2006-7. Currently, one student is writing a history of the statement and hopes to have a pamphlet version ready in time for the signing ceremony. The first draft, along with recommendations, will be ready by June 23rd. The second student is gathering information on Washington state cities and towns above 10,000 regarding ethics codes, boards, etc. Ms. Clemens stated that Ms. Diaz has been conducting similar research in the ethics office, and collaboration might be helpful.

7. Nomination of Board Chair. Ms. Clemens informed the Board that Dr. Price Spratlen's term will expire on July 31, 2006. Under K.C.C. 3.04.080: "Board of ethics—Membership and terms. There is created a board of ethics, composed of five members, two to be appointed by the county executive, two to be appointed by the county executive from a list of nominees submitted by the county council, and the fifth, who shall be chairman, to be appointed by the county executive from a list of nominees submitted by the other four members. All appointments are to be confirmed by the county council." Mr. Carlson moved that the Board forward a letter to the executive nominating Dr. Price Spratlen for another term as Board chair. He stated that under her leadership, the Board worked conscientiously as a team with good attendance and that he is grateful that Dr. Price Spratlen is willing to serve again. Mr. Saltzman seconded the motion and the motion passed unanimously. The chair thanked the Board and stated that she enjoyed serving and working toward another term and to moving the Statement of Principles forward for state-wide participation.

8. Staff Report. Staff Informational Response Summary. The executive director reported that she issued eight written staff informational responses (SIR) between April 12, and May 2, 2006, as requested by employees and elected officials of King County. Ethics issues addressed by the responses included: use of position for personal gain; fundraising in county facilities; outside employment conducted on county property; post-employment; use of county facility by private vendor; acceptance of gifts from contractors; references for county vendors; and jurisdiction. Washington State Ethics Conference. Ms. Clemens informed the Board of conference details and asked for registrations. Ms. Diaz will communicate with each member individually. Mr. Saltzman suggested that it would be beneficial for county members to meet members of other jurisdictions, particularly if we hope to work with them on the statement. Rev. Pruitt suggested that attending members report back to the Board regarding the conference. Withdrawal of request for advisory opinion re: post-employment. Ms. Clemens reviewed the request for opinion withdrawal from Fennell Miller dated April 25, 2006. Other ethics jurisdictions. Information only; no action required. Miscellaneous correspondence. Information only; no action required.

Dr. Gordon moved and Rev. Pruitt seconded the motion to adjourn the meeting. The Board unanimously approved the motion and the meeting was adjourned at 3:07 p.m.

Approved this ––18th day of September, 2006, by the King County Board of Ethics.

__________________________________________________

Roland H. Carlson, Acting Chair