March 19, 2007

KING COUNTY BOARD OF ETHICS MEETING NOTICE

AGENDA

1. Approval of Agenda

2. Approval of Meeting Minutes of March 7, 2007

3. Request for Advisory Opinion – Post Employment.

4. 2007 Financial Disclosure Program.

   • Status report
   • Suspension request

5. Education and Training

   • Ethics outreach and education for department leadership

6. Multi-Lateral Statement of Principles Update and discussion.

7. Presentation to County Council. Discussion

8. Staff Report.

   • Staff informational response summary
   • Public disclosure request

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 March 19, 2007, Meeting
of the King County Board of Ethics

The March 19, 2007, meeting of the King County Board of Ethics was called to order by Chair Price Spratlen, at 2:00 p.m. Board members in attendance were:

Lois Price Spratlen, Ph.D., Chair
Roland H. Carlson
Rev. Paul Pruitt

Margaret T. Gordon, Ph.D. 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
Elizabeth Milestone, Interim Human Resources Delivery Manager, Wastewater Treatment Division, Department of Natural Resources
Christine L. Sanders-Meena, Senior Project Manager, Vanir Construction Management, Inc.

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

   Attendees introduced themselves.

2. Approval of Meeting Minutes of March 7, 2007. Mr. Carlson moved and Rev. Pruitt seconded that the board approve the March 7, 2007, meeting minutes. The board unanimously adopted the motion and the minutes were approved.

3. Request for Advisory Opinion. Ms. Clemens briefed the board on the request from a former county employee who asked whether or not she may return to work as a consultant employee on projects for her former department and division. The requester continued the briefing because she was present. On January 12, 2007, the requester terminated her county position as construction manager for the East Satellite construction office. On January 16, 2007, she began work for Vanir, a firm that engages in business with King County generally and in this instance with DNRP, WTD specifically. It provides construction management services. As a responsible county employee, the requester participated at the management and decision-making level in WTD construction matters and interacted with Vanir and its employees directly or indirectly related to county issues. Vanir plans to seek new business with Alderwood Water and Wastewater District (AWWD) and wishes to list the requester as a project manager. The district is a separate jurisdiction from King County, but the project is funded by WTD. As a project manager, the requester would negotiate with and manage the construction management services for AWWD.

   The WTD, DNRP, human resources representative stated that the Code of Ethics would be compromised if the proposed construction management services were entertained to perform work on the North Creek Interceptor project that identified the former employee on the consultant team. She noted that knowledge of the county's preferences related to construction management business practices and procedures would give unfair advantage to a consulting firm during the proposal review process.

   The board expressed concerns about the appearance of conflict for the former employee; it also stated its support of clear and responsible management practices as expressed in the department's memo. Following additional discussion and inquiry, Mr. Carlson moved that the board issue an oral opinion agreeing with WTD management policies that, based on the Code of Ethics, the former employee may not return as a consultant or sub-consultant to work on contracts with her former division for a period of one year. Rev. Pruitt seconded the motion and the board unanimously approved the motion. The executive director will communicate the board's determination in writing to the requester and WTD representative.

   Ms. Milestone and Ms. Sanders-Meena left the meeting at 2:14 p.m.

4. 4. 2007 Financial Disclosure Program. Ms. Clemens briefed the board on the status of the 2007 financial disclosure program. As of March 19th, 71.8% of 2,518 employees had filed; 48.8% of 477 board and commission members had filed. Disclosure coordinator Viviane Diaz provides weekly reports to designated department coordinators and board staff liaisons and is managing the tracking and recording of all 2,995 affected individual filers.

   The board reviewed several requests for suspension of the filing requirement pursuant to its rules for filing statements of financial and other interests. Any suspensions or modifications would be considered only if evidence is provided that the literal application of the disclosure requirements would cause a manifestly unreasonable hardship and that the requested suspension or modification would not frustrate the purposes of the disclosure requirements. Any suspension or modification shall be only to the extent necessary to substantially relieve the hardship. Following discussion and review, Rev. Pruitt moved to approve a suspension from the filing requirement for employee Mark Quenzer; Mr. Carlson seconded the motion and the motion passed unanimously.

5. Education and Training. Ms. Clemens briefed the board on the 2007 outreach to department leadership. Every other year, Ms. Clemens makes a presentation to directors and those reporting to them to exchange information, receive updates on ethics board and office activities, and discuss ethics issues affecting county employees. Attendees receive the current annual report and recent ethics publications. It is expected that all meetings will be completed by the end of April. Chair Price Spratlen stated that she wishes to continue the board's outreach to the County Council both individually and through presentations to the Committee of the Whole.

6. Multi-Lateral Statement of Principles. Chair Price Spratlen stated that she is planning outreach to directors of the Association of Washington Cities and the Washington Association of County Officials. The board reviewed and discussed draft letters to the executive directors of those organizations from the chair. The chair expressed her appreciation to Dr. Gordon for her efforts on the multi-lateral statement of principles. Following review of the latest draft, Rev. Pruitt moved, and Mr. Carlson seconded, that the statement be approved if changes or corrections were not received by board staff within forty-eight hours. The motion was unanimously approved. Ms. Clemens was directed to forward the final statement draft to the chair and executive director of the Seattle Ethics and Elections Commission for their review so that it might be sent as an attachment to the association letters.

7. Presentation to County Council. The board discussed the presentation format and comment content. The presentation will be held on Monday, March 26, 2007, 9:30 a.m. in the King County Courthouse.

8. Staff Report. Staff informational response summary. The executive director issued 43 written staff informational responses (SIR) between December 11, 2006, and, March 12, 2007, as requested by employees and elected officials of King County. Ethics issues addressed by the responses include: use of county resources (9); receipt of meals and refreshment (2); conflict of interests with official position (4); gifts from vendors (5); honoraria; gifts between county employees; donating county property; donations made by vendors in employee's name; referrals to other county agencies – ombudsman, prosecuting attorney, human resources, etc. (5); paid travel to conference (2); references and testimonials; outside employment; confidential or proprietary information (2); financial disclosure – filing requirements (3); post-employment (3); and solicitation (2). Public disclosure request. Correspondence related to the request; no action required or taken.

Rev. Pruitt moved and Mr. Carlson seconded the motion to adjourn the meeting. The board unanimously approved the motion and the meeting was adjourned at 3:38 p.m.

Approved this —16th day of April, 2007, by the King County Board of Ethics.

Signed for the Board: __________________________________________________

Dr. Lois Price Spratlen, Chair