KING COUNTY BOARD OF ETHICS MEETING NOTICE

When:Monday, October 20, 2008, 10:00 a.m.

NOTE CHANGE FROM USUAL STARTING TIME OF 9:30 A.M.

Where: The Chinook Building
401 Fifth Avenue
1st floor, conference room 118
Seattle, WA 98104

AGENDA

1. Approval of Agenda

2. Approval of Meeting Minutes of August 18, 2008

3. Board Membership

• Membership status review
• Board member recognition

4. Campaign Activities for Employees and Board Members

5. Fifth Annual Ethics Quiz and Survey

6. Statement of Principles. Status review.

7. Staff Report

• Staff informational response summary
• Ninth Annual Board of Ethics Reception – review
• Board and commission reception hosted by County Council

Upon advance request, reasonable accommodations for people with disabilities
are available by calling 206-296-1586 or TTY Relay: 771

ALTERNATE FORMATS AVAILABLE

Minutes of the October 20, 2008, meeting
of the King County Board of Ethics

The October 20, 2008, meeting of the King County Board of Ethics was called to order by Chair Price Spratlen 10:00 a.m. Board members in attendance were:

Ron Carlson
Gunbjorg Ladstein
Bruce Laing
Lois Price Spratlen, Ph.D., Chair
Anne J. Watanabe

Others in attendance:
Alan Abrams, Senior Deputy Prosecuting Attorney and Board Counsel
Catherine A. Clemens, Executive Director, Board of Ethics
Michael Strouse, Administrator, Department of Executive Services

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

2. Approval of Meeting Minutes of August 18, 2008. Mr. Laing moved and Ms. Watanabe seconded that the board approve the August 18, 2008, meeting minutes. The board unanimously adopted the motion and the minutes were approved.

3. Board Membership. Ms. Clemens briefed the board. Board membership is complete with all five positions appointed, and a current board profile and contact roster for members were provided. Although the board awaits County Council confirmation for Ms. Ladstein, all five members may participate fully in all board matters, including voting.

4. Campaign Activities for Employees and Board Members. The executive director briefed the board. During election cycles, the ethics office receives frequent questions from employees, the public and the press regarding allowable campaign activities for elected officials, employees and board members. The relevant code provision is: K.C.C. 3.04.020(E) Campaign activities. County employees are encouraged to participate in the political process on their own time and outside of the workplace by working on campaigns for the election of any person to any office or for the promotion of or opposition to any ballot proposition, but shall not use or authorize the use of the facilities of King County for such purposes except as authorized by the provisions of RCW 42.17.130. The Board of Ethics may be asked to render advice or guidance or to hear an appeal on a complaint related to this provision; the board may also be asked to issue an advisory opinion or hear an appeal related to a county elected official whom they have publically supported during an election. Therefore, the board requested that it review its own standards of conduct related to county campaign activities. The board scheduled this matter for discussion at the August 18 meeting, but tabled it until October 20. To aid the board in its discussion, Ms. Clemens provided the following documents: 1) Staff Informational Response re Campaign Activities from Cathy Clemens to Lois Price Spratlen on February 22, 2001; 2) a memo to the ethics board from Alan Abrams dated July 11, 2005 re: Guidelines for Ethics Board Members Participation in Elections Campaigns; and 3) King County Employee News item from the ethics office re: campaign activities dated July 14, 2008. Mr. Laing asked if this issue had come up for other county boards; Ms. Clemens referenced two past advisory opinions: 1158, related to a board engaging in campaign activities, and 1081, identifying a conflict decision-making model for board members. Following discussion, the board determined that the Code of Ethics, KCC 3.04.020(E) addressed the matter sufficiently and no other policy was needed; however, there could be an appearance of conflict by either supporting those elected officials who nominate or appointment members, or if the board was required to issue opinions on candidates or initiatives individual board members have supported. Finally, the board agreed to participate in campaign activities as proscribed by the code and at members’ own discretion, but be aware of the appearance of conflict and apply a reasonable person standard (e.g. P-I test) when participating in political activities.

5. Fifth Annual Ethics Quiz and Survey. Ms. Clemens briefed the board. Since 2004, the office of the Board of Ethics has written and produced an annual ethics quiz and survey. The brief and entertaining quiz serves several purposes: raise awareness of the ethics code; encourage transparency and discussion; offer employees resources to help them make sound ethical decisions, and solicit opinions to help inform the county on ethics matters in its government. Ms. Clemens included an historical matrix of past ethics and survey questions as well as a copy of the Fifth Annual Ethics Quiz and Survey. She informed the board that Executive Sims announced the initiative on October 6 and his office sent a county-wide reminder on October 14. In addition, in the current year, Ms. Clemens enlisted the support of county directors, asking that they encourage their employees to take part; a copy of the request to directors was included in board materials.

6. Statement of Principles. The executive director briefed the board. She and Jim Buck attended a Washington Association of County Officers board meeting on July 24 and made a presentation regarding the statement of principles. The goal was to introduce the document and encourage WACO and its affiliate groups to become signers in support of the statement. Coincidentally, the WACO board was in the process of reviewing its own ethics code for amendment. During the meeting, the WACO board agreed to consider including all or portions of the statement of principles in its own draft. On September 29, Deborah Wilke, WACO executive director, informed Mr. Buck and Ms. Clemens that the WACO board had completed its draft code for presentation to its affiliates at its conference held October 6 – 8. In drafting its code, the WACO board opted for greater simplicity and brevity and determined that details and specifics should be included in office policies, not codes. The WACO draft code was attached for the board’s information. In addition, Mr. Buck had contacted the Washington State Association of Counties (WSAC) staff regarding the statement of principles and is awaiting a response. Results of that contact will be reported to the board as soon as they are available. Following the briefing, the board discussed its desire that other jurisdictions or agencies endorse – not necessarily adopt or incorporate – the statement. Members offered ideas in which other agencies could offer a reciprocal acknowledgement of the statement; in addition, the board could ask WACO if the affiliates had feedback on the document with which to improve it. The board directed Ms. Clemens to seek minutes from the WSAC board meeting during which Councilmember Hague presented the statement so the ethics board could be informed on how to proceed.

7. Staff Report. Staff informational response summary. The executive director issued 31 written staff informational responses (SIR) between August 7 and October 13, 2008, as requested by employees and elected officials of King County. Ethics issues addressed by the responses include: campaign activities – employees (9); campaign activities – board members; acceptance of thing of value from vendor (training); duty to notify supervisor (2); board members and volunteers (2); acceptance of thing of value from vendor (travel and expenses) (3); acceptance of thing of value from vendor (funding); appeal hearings; nepotism; use of county property (vendor soliciting business); use of county resources for personal convenience; use of county funds for employee rewards (2); testimonials and references; group discount plans; jurisdiction and referral (2); and Code of Ethics – general. Ninth Annual Board Reception. Ms. Clemens reviewed the attendance and costs related to the reception held Tuesday, September 9, 2008. Board and commission reception hosted by County Council. Ms. Clemens reminded board members that the county council will hold a reception for county board and commission members on December 1, 2008; detailed invitations will follow from council staff.

Mr. Strouse left the meeting at 11:03 a.m.; Mr. Abrams left the meeting at 11:05 a.m.

Dr. Price Spratlen discussed certificates of appreciation for ethics board members and stated that all should continue to receive one at the end of service. In addition, she discussed the crystal vases she purchased on behalf of current members for former members Dr. Margo Gordon and Rev. Paul Pruitt. She offered to bring one of the vases to the following meeting, and suggested that members who have made a unique or significant contribution as a board member should all receive the same or similar token of appreciation. No action was taken.

Mr. Carlson moved and Ms. Ladstein seconded the motion to adjourn the meeting. The board unanimously approved the motion and the meeting was adjourned at 11:16 a.m.

Approved this ­­17th day of November, 2008, by the King County Board of Ethics.

Signed for the Board:__________________________________________________
Dr. Lois Price Spratlen, Chair