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Nov. 20, 2006

KING COUNTY BOARD OF ETHICS MEETING NOTICE

When: Monday, November 20, 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 October 16, 2006

  3. Request for Advisory Opinion. Outside employment with different county department

  4. Reporting Relationships for Executive Director and Board Oversight. Paul Tanaka, County Administrative Officer and Director, Department of Executive Services

  5. Statement of Principles

    • UW students: Oversight roles and responsiblities

    • Status report

    • Paper by Karen Tollenaar-Demorest

    • Potential conflict of interest discussion

    • Background statement regarding conflict of interest and advisory nature of board

  6. Department of Natural Resources and Parks. Report on NW Gardening Connection

  7. Staff Report

    • Staff informational response summary

    • King County Council 2006 Board and Commission Reception

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 November 20, 2006, Meeting
of the King County Board of Ethics

The November 20, 2006, meeting of the King County Board of Ethics was called to order by Chair Price Spratlen, at 2:24 p.m. Board members in attendance were:

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

Roland Carlson was absent.

Others in attendance:
Catherine A. Clemens, Executive Director, Board of Ethics
Alan Abrams, Senior Deputy Prosecuting Attorney and Board Counsel
Laura Edwards, Coordinator, Community Organizing Program, DCHS
Val Thomas-Matson, Program Manager, Community Organizing Program DCHS
Scott Matson
Jim Ott, Program Analyst, Children and Family Commission, Public Health
Carol Maurer, Program Manager, Children and Family Commission, Public Health
Curt Crawford, Managing Engineer, Stormwater Services, WLRD, DNRP

  1. Approval of Agenda. With the addition of one item, Mr. Saltzman moved and Dr. Gordon seconded that the board approve the proposed agenda. The board unanimously adopted the motion.

    Attendees introduced themselves.

  2. Approval of Meeting Minutes of October 16, 2006. Dr. Gordon moved and Mr. Saltzman seconded that the board approve the October 16, 2006, meeting minutes. The board unanimously adopted the motion and the minutes were approved.

  3. Request for Advisory Opinion. Ms. Clemens briefed the board. Laura Edwards, coordinator of the Community Organizing Program (COP) in the Department of Community and Human Services (DCHS), requested an advisory opinion from the Board of Ethics regarding potential conflict of interest for a COP employee wishing to engage in outside employment with the county's Department of Public Health. Because Ms. Edwards was in attendance, she continued with the briefing. She stated that she supervises a COP employee who is seeking the outside employment. The COP is a small agency within DCHS, with five employees, three of whom are community organizers. The organizers are highly visible and known throughout the Seattle community. In her work as a community organizer in COP, the employee also interacts with a COP citizen board. One member of the COP board also sits on the PH Children and Family Commission (CFC).

    Outside of her county employment, the employee is a partner in a company that is developing a video project. As a representative of her private company, she presented the video project to the CFC in hopes that they would support and help develop it. A citizen board member – who sits on both the COP board and the CFC – voiced concerns to Ms. Edwards about the employee's apparent dual role as outside business presenter and county employee. In addition, the employee's company engages Parent Trust, a 501(c)(3), as a fiscal agent; COP has in the past funded Parent Trust through grants. And finally, the employee's COP responsibilities include working with KCTV; she has approached KCTV as a potential participant in the video project. Based on the comments of the COP/CFC board member, and concerns over potential conflict in outside employment with her official job responsibilities, Ms. Edward decided to seek an advisory opinion. The matter is on hold as they await a response from the ethics board. The employee then made clarifying comments about her outside business related to her county job responsibilities and relationships; public health employees also made comments related to their need for program assistance. Following further discussion, Mr. Saltzman moved that the board decline to issue an advisory opinion because relevant opinions exist; however, he further moved that since King County seeks to ensure the public's trust in all it's transactions and actions, the overlapping relationships between the official job responsibilities of the COP employee and her outside personal and financial interests would create a conflict of interest should she engage in outside employment with Public Health under the described circumstances. Dr. Gordon seconded the motion and the motion passed unanimously.

    Ms. Edwards, Ms. Thomas-Matson, Ms. Maurer, Mr. Ott, and Mr. Matson left the meeting at 2:55 p.m.

  4. Reporting Relationships for Executive Director and Board Oversight. Mr. Tanaka, County Administrative Officer and Director of the Department of Executive Services, arrived at the meeting at 2:00 p.m. to meet with the board regarding this agenda item. However, because of the delayed meeting, and because Mr. Tanaka had a previously scheduled 3:00 p.m. meeting, he was unable to attend at this time. The board agreed to table the matter until next regularly scheduled meeting.

  5. Statement of Principles. Dr. Price Spratlen stated that Melissa Fisher, University of Washington student working on the statement project, has been dutiful in her work and that she and Ms. Fisher will be meeting soon. She also stated that she plans to meet with Steven Smith, Associate Dean of the Evans School.

    Rev. Pruitt arrived at 3:12 p.m.

    The board discussed the potential conflict of interest for board members providing primary oversight of Evans school students while associated both with the ethics board and school. Dr. Gordon expressed her discomfort with this opinion, and asked for clarification whether in fact there is a potential conflict, and if so, what that conflict is. In addition, she asked for clarification on whether or not the board's decisions are only advisory and, if so, may the board take part in such decision-making. Following discussion, the chair tabled the matter until such time as the board has a written opinion on the issue of conflict of interest. She requested such an opinion from board counsel. Mr. Abrams stated that he would provide an opinion, but it would depend upon his position as counsel to the board versus counsel to the executive branch and he may be in a conflicted position himself. He also stated that he would need to talk to all individuals involved and in person. An opinion would not be forthcoming until after the first of the year due to work demands.

    Ms. Clemens continued her report on the status of various projects related to the statement. Chair Price Spratlen stated that she would like photos to be taken at the signing ceremony.

    Curt Crawford joined the meeting at 3:44 p.m.

  6. Department of Natural Resources and Parks. Ms. Clemens briefed the board and reviewed the memo summarizing her meeting with Mr. Crawford on October 31, 2006, regarding the NW Gardening Connection. No board action was requested or required. Mr. Crawford stated that his agency has developed protocols which are now being reviewed. The program has ceased activity until those protocols are refined, reviewed and approved. The agency plans to cooperate and comply with all applicable laws. Ms. Clemens thanked Mr. Crawford for attending and for his patience in waiting for this agenda item.

  7. Staff Report. Staff Informational Response Summary. The executive director issued 21 written staff informational responses (SIR) between October 10, 2006, and November 10, 2006, as requested by employees and elected officials of King County. Ethics issues addressed by the responses included: attendance at events hosted by vendors; campaign media event at county facility; potential conflict for board member; use of county funds for staff meetings; use of position in hiring process; outside employment (4); potential conflict for employees; use of county resources for solicitation (3); ethics complaint; post-employment (3); testimonials and referrals; use of county resources – blackberrys; jurisdiction; and use of county resources – time. King County Council 2006 board and commission reception. Ms. Clemens reminded the board about the event and asked for attendance intentions.

    Ms. Clemens distributed copies of Real Change, a local newspaper, featuring an article on Rev. Paul and Mary Margaret Pruitt.

    Dr. Gordon moved and Jerry Saltzman seconded the motion to adjourn the meeting. The board unanimously approved the motion and the meeting was adjourned at 3:52 p.m.

Approved this --18th day of December, 2006, by the King County Board of Ethics.

Signed for the Board: __________________________________________________

Dr. Lois Price Spratlen, Chair