King County Board of Ethics
Department of Executive Services
The Chinook Building
401 Fifth Avenue, Suite 131
Seattle, WA 98104-1818 CNK-ES-0131
206-296-1586 Fax 206-205-0725
board.ethics@kingcounty.gov
www.kingcounty.gov/ethics

KING COUNTY BOARD OF ETHICS MEETING NOTICE

AGENDA

1. Approval of Agenda

2. Approval of Meeting Minutes of June 15, 2009

3. Board of Ethics Membership

4. Proposed Amendments to the Code of Ethics

5. Flood Control Zone District Advisory Committee

6. Staff Report

• Staff informational response summary
• Ethics office staff - update
• Leadership reception of September 21

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 Aug. 17, 2009, meeting of the King County Board of Ethics

The August 17, 2009, meeting of the King County Board of Ethics was called to order by Acting Chair Gunbjorg Ladstein at 9:32 a.m. Board members in attendance were:

Roland H. Carlson
Gunbjorg Ladstein, Acting Chair
Anne J. Watanabe

Bruce C. Laing had an excused absence.

Others in attendance:
Catherine A. Clemens, Executive Director, Board of Ethics
Kathryn Killinger, Senior Deputy Prosecutor, Board Counsel
Joni Shirer, Administrator, Office of Assessments
Charles Sloan, Deputy Ombudsman, Office of the Ombudsman
Michael Strouse, Administrator, Department of Executive Services

1. Approval of Agenda. Following a minor addition to the agenda, Mr. Carlson moved and Ms. Watanabe seconded that the board approve the proposed agenda. The board unanimously adopted the motion and the agenda was approved.

2. Approval of Meeting Minutes of June 15, 2009. Ms. Watanabe moved and Mr. Carlson seconded that the board approve the June 15, 2009, meeting minutes. The board unanimously adopted the motion and the minutes were approved.

3. Board of Ethics Membership. Ms. Clemens announced that on July 28, 2009, King County Executive Kurt Triplett appointed Bruce Laing as chair of the Board of Ethics. His appointment has been forwarded to the County Council for confirmation. K.C.C. 2.28.003 requires Mr. Laing to wait thirty days from the date of appointment before he may vote on board matters since this is his first term (as chair). He may attend meetings in the role of chair, however. Members expressed their approval of the selection.

4. Proposed Amendments to the Code of Ethics. The executive director briefed the board. She proposed that the King County Employee Code of Ethics be amended to correct or update four different provisions. These amendments, which were described as 'housekeeping' in nature, had been reviewed by Kathryn Killinger, board counsel, and Amy Calderwood, King County Ombudsman. The board reviewed the draft ordinance language #1 - #4, followed by the draft ordinance itself with notations. Ms. Clemens informed the board that once it approved the document, she would forward it to the executive for review and approval and onto the County Council for passage. Following review and discussion, Mr. Carlson moved that the board approve the proposed amendments to the Code of Ethics; Ms. Watanabe seconded the motion and the amendments were unanimously approved.
   
   Flood Control Zone District Advisory Committee. Ms. Clemens briefed the board. As of the date of the board meeting, there was only one individual out of 3,404 who had failed to comply with the filing requirement under KCC 3.04.050 - Mike Flowers of the Flood Control Zone District Advisory Committee under the King County Council. Rick Bautista is the staff liaison assigned to this committee. Five members of this committee filed late in 2009, but Mr. Flowers is the only member not to have filed at all. The Board of Ethics issued a 'show cause' letter to Mr. Flowers on April 16, and a 'notice of ethics violation' letter on May 4. Both letters copied Council Chair Dow Constantine. Ms. Clemens stated that she had made repeated efforts to communicate on this matter with committee staff including emails on June 15, June 24 and July 10, and phone calls on various dates. She never received a response from committee staff, although it is her understand that Mr. Bautista did respond an inquiry by Jim Buck on the matter and he promised another effort to achieve filing compliance. Ms. Clemens explained that although the Board of Ethics is authorized to manage the disclosure program and has been held responsible for its compliance in the past by the Washington state auditor, neither the board nor the Ombudsman have authority to issue penalties for non-compliance. The Ombudsman may take investigative action, but only upon receipt of a signed complaint on violation of the ethics code. Ms. Clemens noted that she now raises this unusual situation with the Board of Ethics to keep it informed of non-compliance issues. For the past three years, all individuals required to file a statement of financial and other interests have either filed, resigned or been removed from their affected position, thus resolving the issue, by no later than June 26. (Filing deadline is April 15). She asked that the ethics board review this matter and provide guidance on a resolution. The board discussed the matter and determined that it must take action to ensure filing compliance. Mr. Carlson moved that the board direct Kathryn Killinger, board counsel, to investigate, contact Mr. Flowers directly if necessary, and report back to the board. Ms. Watanabe seconded the motion and added a friendly amendment: that the board communicate with the advisory committee chair that Mr. Flowers must file or be replaced with someone who will file; the amended motion passed unanimously.

5. Staff Report. Staff informational response summary. The executive director issued 27 written staff informational responses (SIR) between June 7 and August 7, 2009, as requested by employees and elected officials of King County. Ethics issues addressed by the responses are: solicitation by employees for county purpose; solicitation by employees for charitable causes; outside/secondary employment (3); advertising on behalf of vendors (3); discussions with vendor about future employment; gifts from customers; health Initiative and related activities (use of county resources); filing requirements for candidates for county elective office; references and testimonials (3); conflict of interest for board members (4); discounts for employees and associated advertising; use of county resources for personal convenience; conflict of interest due to previous employment; conflict of interests in contract language; use of interoffice mail for credit union and other county sponsored entities (2); jurisdiction; and campaign activities. Ethics office staff - update. Ms. Clemens was informed that no hiring could take place this year regarding the .5 FTE administrative support position due to a hiring freeze. This is cause for concern since 40% of the position's responsibilities related to the annual financial disclosure program. Leadership reception of September 21, 2009. Ms. Clemens reviewed plans for the annual leadership reception on September 21; board members confirmed their attendance and approved planning. Ms. Clemens was directed to forward the guest list and sample invitations via email.

There being no new business, Mr. Carlson moved and Ms. Watanabe seconded the motion to adjourn the meeting. The board unanimously approved the motion and the meeting was adjourned at 10:15 a.m.

Approved this ­­19th day of October, 2009, by the King County Board of Ethics.

Signed for the Board: __________________________________________________
Bruce C. Laing, Chair