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Sept. 18, 2006

KING COUNTY BOARD OF ETHICS MEETING NOTICE

When: Monday, September 18, 2006, 2:00 p.m.
Where: Columbia Center
701 Fifth Avenue, 34th floor
Conference Room, Suite 3460
Seattle, WA 98104

AGENDA

  1. Approval of Agenda

  2. Approval of Meeting Minutes of May 15, 2006

  3. Request for Appeal – Review and determination.

  4. Awareness Campaign. Update for 2006

    • Ethics Poster Refresh
    • Ethics Post-It Notes
    • Ethics Quiz
    • Gifts Memo
    • Ethics Partners

  5. Statement of Principles. Status report.

  6. 2006 Washington State Ethics Conference. Report

  7. Staff Report

    • Staff informational response summary
    • NW Gardening Connection – DNRP
    • Timely filing for board and commission nominees – council activity
    • Response to Request for Clarification of Advisory Opinion 1042
    • Confirmation of Chair Price Spratlen to fifth term
    • Forwarding Requirements for Disclosure Statements

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 September 18, 2006, Meeting
of the King County Board of Ethics

The September 18, 2006, meeting of the King County Board of Ethics was called to order by Roland H. Carlson, acting chair, at 2:02 p.m. Board members in attendance were:

Roland H. Carlson, Acting Chair
Margaret T. Gordon, Ph.D.
Rev. Paul F. Pruitt

Dr. Lois Price Spratlen and Jerry Saltzman had excused absences.

Others in attendance:
Catherine A. Clemens, Executive Director, Board of Ethics
Alan Abrams, Senior Deputy Prosecuting Attorney and Board Counsel
Viviane Diaz, Administrative Specialist, Board of Ethics
Barbara Alsheikh, Assistant Tax Advisor III, Office of the Ombudsman, King County Council
Stephen Hobbs, Senior Deputy Prosecuting Attorney and Counsel to the Ombudsman
Marietta Zintak, Assistant Tax Advisor II, Office of the Ombudsman, King County Council

Mr. Carlson asked for introductions from those present.

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

  2. Approval of Meeting Minutes of May 15, 2006. Rev. Pruitt moved and Dr. Gordon seconded that the Board approve the May 15, 2006, meeting minutes. The Board unanimously adopted the motion and the minutes were approved.

  3. 3. Request for Appeal. Ms. Clemens briefed the Board. An assistant tax advisor II, Ombudsman's Office, legislative branch, asked the Board of Ethics to "review this finding of 'violations of the King County Code of Ethics.' At the very least, I would hope the Board would review this within the context of an advisory opinion stating reasonable expectations and requirements that must be followed in the review of such complaints, particularly when the facts are in dispute." Mr. Carlson asked for a motion relative to the executive director's recommendation. Rev. Pruitt asked what type of opinion could be issued under the circumstances. The Board discussed when and for what reason the Board of Ethics would or could issue an advisory opinion. Following further discussion, Rev. Pruitt moved that the Board decline to hear an appeal because the legal requirements under the Code of Ethics for appeal hearing had not been met, and because the Board does not have jurisdiction to review personnel matters; and further that the Board decline to issue an advisory opinion since the matter is likely to be the subject of controversy or dispute. The Board asked Mr. Abrams to comment and he stated he concurred with the Board's motion. Dr. Gordon seconded the motion and the motion passed unanimously.

    The requestor arrived at 2:12 p.m., after action had been taken on her request, and she was invited to introduce herself. Dr. Gordon asked where an employee may turn to appeal employment matters; Mr. Abrams, upon question from Acting Chair Carlson, reiterated his support of the Board's vote but stated he would not address disciplinary matters. Mr. Carlson asked Mr. Hobbs for his comments on the appeal procedures; Mr. Hobbs stated that he attended as an observer and could not comment. However, he noted that for minor disciplinary matters, county employees generally do not have right of appeal.

    Upon questions from the requestor, Ms. Clemens stated that she would send a letter summarizing the Board's decision as soon as possible.

    Mr. Hobbs left the meeting at 2:17 p.m.; the requestor left the meeting at 2:19 p.m.

  4. Awareness Campaign. Ms. Clemens and Ms. Diaz briefed the Board on the status of the 2006 awareness campaign, including: meeting with the executive (February); 2005 Annual Report distribution (March); meeting with the County Council (April); refresh existing ethics posters and distribute additional posters (August); distribute ethics post-it note pads to all employees (September); third annual ethics quiz and survey; memo from the ethics Board to county leadership regarding gifts (November); and creation and identification of Ethics Partners throughout King County (December). Acting Chair Carlson stated the approach adopted by the ethics office is a good one because it is based in education. The message is 'be alert, be aware, and know where to go for help.' Rev. Pruitt noted his agreement.

  5. Statement of Principles. Ms. Clemens briefed the Board, noting the challenges in setting a signing date. She will continue working with all parties, however, to secure a date. She also noted that the $10,000 earmarked by the executive to support the statement will come from the ethics office budget ($4,000) and the Executive Services director's budget ($6,000). Dr. Gordon stated that the $10,000 agreed to by the University of Washington president will come from the Evans School dean's budget. She also noted that Steve Smith, associate dean for the Evans School, will manage the work study student who will return in September to work on the project. The other student's work is in draft form and Dr. Gordon has forwarded the paper to Dr. Price Spratlen who will review that document. Upon discussion, the Board agreed that it should always hold the annual reception (deferred this year due to the signing ceremony) because of its impact on county leadership.

  6. 2006 Washington State Ethics Conference. Rev. Pruitt briefed the Board on the conference attended by members Price Spratlen and himself. He commended the work of Ms. Clemens and Ms. Diaz as a good contribution toward the well-organized event.

  7. Staff Report. Staff Informational Response Summary. The executive director issued 52 written staff informational responses (SIR) between May 9, 2006, and September 8, 2006, as requested by employees and elected officials of King County. Ethics issues addressed by the responses included: use of county cell phones; use of county email (3); use of county computer; use of county vehicles; use of county funds for personal telecommunication devices (2); use of county funds for personal reimbursement; use of county funds for commemorative gifts and events (2); use of county resources – general (3); use of county property by outside vendors (2); conflict of interest with official position (5); campaign activities; union activities; testimonials and reference letters (3); outside employment on county property (2); post employment (4); gifts and meals to employees and elected officials from regulated vendors or contractors (6); gifts between employees; special treatment vis a vis discount offers; solicitation in the workplace (8); attendance at events and seminars (2); and other county or local jurisdictions (2). NW Gardening Connection. Ms. Clemens briefed the Board on an ethics issue in the Department of Natural Resources that first presented itself to the ethics office in 2000. Since that time, she and Mr. Abrams and DNRP supervisors and staff have devoted scores of hours to this matter, often on the same or similar ethics-related issue (e.g. use of county resources for personal convenience.) Because of the significant use of office resources and reoccurring nature of the same issues involving the same staff, Ms. Clemens wished to bring the matter to the Board's attention. Timely filing for board and commission nominees – council activity. Ms. Clemens provided documents which council members and staff prepared to address late filing by citizen nominees under the legislative branch; no action required. Response to request for clarification of Advisory Opinion 1042. Summary letter sent to the requestor by Ms. Clemens; no action required. Confirmation of Chair Price Spratlen to fifth term. Informational documents; no action required. Forwarding requirements for disclosure statements. Informational documents; no action required.

There being no new business, 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 2:59 p.m.

Approved this ––30th day of November, 2006, by the King County Board of Ethics.

Signed for the Board: __________________________________________________

Roland Carlson, Acting Chair