Complimentary Tickets

Advisory Opinion 92-03-1048
Stadium/Receipt of Complimentary Tickets

ISSUE: WHETHER RECEIPT OF COMPLIMENTARY TICKETS BY STADIUM ADVISORY BOARD MEMBERS TO KINGDOME EVENTS VIOLATES THE KING COUNTY CODE OF ETHICS?

Opinion: In establishing the Stadium Advisory Board, it appears that Boardmember access to events held in the Stadium would be consistent with the legislative intent. The Board realizes that it is a common practice for Kingdome event lessors to donate complimentary tickets to any number of persons for promotional purposes. Stadium staff and boardmembers could fall into the category as complimentary ticket recipients. However, the King County Code of Ethics, prevents employee acceptance of gifts and things of value on more favorable terms than those granted to county employees or the public generally from persons doing or seeking to do business with the County. Tickets to Stadium events be they complimentary or not are "things of value" and employees are therefore prohibited from receipt of such.

The Board of Ethics believes that sound management practices should not depend on random receipt of complimentary tickets from lessees. If Board members and others require access to events to monitor performances, the stadium authority should establish a formal policy and procedure to ensure access by such officials on a regular basis.

Statement of Circumstances: It has been a common practice for lessors of the King County Stadium Administration (Kingdome) to donate tickets to the Director and the members of the stadium Advisory Board for their use at Stadium events. The Director of Stadium Administration has asked the King County Board of Ethics for its interpretation of the new Code in determining whether continued receipt and use of the complimentary tickets is permissible under the Code.

Analysis: Subsections 3.04.030 B and C of the King County Code of Ethics prohibit employees, including members of county boards and commissions, from accepting things of value. The Board of Ethics believes that this provision includes employee receipt of complimentary tickets from persons doing business with the County. However, Section 22.16 of the Code authorizes the creation of the Stadium Advisory Board and appears to make certain allowances to enable Stadium Boardmembers to help ensure that the Stadium is maintained as a first-class public facility, and would probably include access to facility events. Whether such access should be accomplished by way of complimentary tickets from vendors is the question to be addressed.

AUTHORITY RELIED UPON

Chapter 22.16 of the King County Code establishes the following responsibilities for the Department of Stadium Administation:

• Ensure that the King County Stadium (Kingdome) is maintained as a first-class public facility.

• Participate in the development of long-term goals for the Stadium.

• Monitor the financial operation of the facility to ensure that its status as a financially self-supporting public facility is maintained.

• Monitor and ensure the implementation of sound marketing andpromotional program.

In addition, members of the Stadium Advisory Board are not allowed to receive any financial remuneration for their services to the county.

Under the King County Code of Ethics, the following provisions were considered relative to this request:

"Gift" means anything of economic value, but shall not include campaign contributions regulated by the provisions of RCW Ch. 42.17, the King County Charter and Ordinances implementing them, informational materials exclusively for official or office use, memorials, trophies, and plaques of no commercial value, gifts of $20.00 or less for bona fide, non-recurring, ceremonial occasions or any gifts which are returned to the donor, or donated to a charitable organization without seeking a tax deduction. (K.C.C. 3.04.017G)

3.04.030 Conflict of Interest. No county employee shall engage in any act which is in conflict with the performance of official duties. A county employee shall be deemed to have a conflict of interest if the employee directly or indirectly:

Is beneficially interested, directly or indirectly, in any contract, sale, lease, option or purchase that may be made by, through, or under the supervision of the employee, in whole or in part, or accepts, directly or indirectly, any compensation, gift or thing of value from any other person beneficially interested therein; (K.C.C. 3.04.030B)

Accepts or seeks for others, directly or indirectly, any employment, travel expense, service, information, compensation, gift or thing of value on more favorable terms than those granted to other county employees or the public generally, from any person doing business, or seeking to do business with the county for which the employee has responsibility or with regard to which he or she may participate, provided that this subsection shall not apply to the receipt by elected officials, or by employees who are supervised directly by an elected official, of meals, refreshments or transportation within the boundaries of King County when given in connection with meetings with constituents or meetings which are informational or ceremonial in nature; (K.C.C. 3.04.030C)

Accepts, directly or indirectly, any gift, favor, loan, retainer, entertainment, travel expense, compensation or other thing of value from any person doing business or seeking to do business with the county when such acceptance may conflict with the performance of the employee's official duties. A conflict shall be deemed to exist where a reasonable and prudent person would believe that the gift, compensation, thing of value, or more favorable terms, was given for the purpose of obtaining special consideration or to influence county action. (K.C.C. 3.04.030D)

Signed for the Board: Dr. J. Patrick Dobel, Chair

Members:

Dr. J. Patrick Dobel, Chair
Timothy G. Edwards, Member

cc:

Tim Hill, King County Executive
King County Councilmembers
Robert Stier, Deputy Prosecuting Attorney, and Legal Counsel to the King County Board of Ethics
Rella Foley, Ombudsman, Office of Citizen Complaints
Jesus Sanchez, Director, Executive Administration
Department of Stadium Administration Management Team
Stadium Advisory Boardmembers