Non-Profit Board Conflict

ISSUE: WHETHER THE NON-PROFIT BOARD MEMBERSHIP OF A DEPARTMENT OF YOUTH SERVICES EMPLOYEE POSES A CONFLICT OF INTEREST?

Opinion: In view of these circumstances, the Board concludes that a conflict of interest does not currently exist. However, if a circumstance should arise where a decision concerning the non-profit agency is made on an official basis, e.g., by the Department of Youth Services or King County, the employee would have to abstain from any involvement or action.

Statement of Circumstances: A supervisory employee in the Department of Youth Services is also a boardmember of a community-based drug and alcohol treatment agency known as the Black and Latino Adolescent Alcohol and Drug Endeavour (BLAADE). At issue is whether the employee's unofficial budgetary responsibilities as a BLAADE boardmember conflicts with official responsibilities, which include supervising counselors who make referrals to BLAADE?

Analysis: This case was referred to the Board by the King County Office of Citizen Complaints. In previous advisory opinions on the issue of county employment and board membership (1005, 1010, and 1022), the Board decided that membership on the board of a non-profit agency by a county employee is not in and of itself a conflict of interest. The employee, however, must disclose such membership in writing to the appropriate supervisor; must not participate in any decisions affecting the budget, business, or contractual relationship of the organization with the county; and, can receive no compensation or other benefits from the organization.

In reaching a decision, the Board understands that probation counselors, and not their supervisors, refer youths to BLAADE; that the program is open to referrals from throughout Washington State; and, that King County has never provided operating funds for the agency; although, it did provide funds to purchase the facility. It also appears that the DYS employee does not review the referrals of probation counselors, and does not personally refer any youths. In addition, there is no contractual relationship between BLAADE and King County.

References: King County Code of Ethics, section 3.04.020, 3.04.030, and 3.04.037.

ISSUED THIS ___________ DAY OF ___________________, 199__.

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

Members:

Dr. J. Patrick Dobel, Chair
Timothy Edwards, Esq.
Rev. Paul Pruitt

cc:

Tim Hill, King County Executive
King County Council Members
Rella Foley, Director-Ombudsman, Office of Citizen Complaints
Quentin Yerxa, Senior Deputy Prosecuting Attorney and Counsel to the Board of Ethics
Harold Delia, Director, Department of Youth Services
Craig Daly, Court Services Coordinator, Department of Youth Services