WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– 4th Floor Conference Room – Olympia, WA

January 10, 2014

Regular Meeting Minutes

 

 

A.    Preliminary Business

1.     Roll Call

The regular meeting of the Washington State Executive Ethics Board (Board) was called to order by Vice Chair Anna Dudek Ross at 9:00 a.m.  In attendance were Members Matthew Williams and Samantha Simmons. Chair Lisa Marsh was absent. Board staff in attendance included:  Executive Director Melanie de Leon, Assistant Attorney General Bruce Turcott, Investigator David Killeen and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Melanie de Leon noted that the agenda was revised to add additional Stipulations.

 

Motion 14-001 Moved by Member Williams, seconded by Member Simmons:

 

The Board approves the January 10, 2014 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the November 8, 2013 Meeting Minutes

       

Motion 14-002 Moved by Member Williams, seconded by Member Simmons:  

 

The Board approves the November 8, 2013 minutes as presented.

 

The motion passed unanimously.

 

B.    Hearing Procedure Discussion

The Board discussed and agreed on procedures regarding the conduct of their administrative hearings. In an effort to streamline the process and make the hearings more efficient, the Board decided to place 15 minute per side time limits on opening statements and 30 minute per side time limits on closing arguments.  They also requested that the Administrative Law Judge hold a final status conference prior to the actual hearing and so that both parties can work to agree on the following:

1.     Stipulate to as many facts as possible;

2.     Agree on as many exhibits as possible;

3.     Stipulate as to the issues the Board needs to adjudicate; and

4.     Provide a more detailed synopsis of the testimony of each proposed witness.

 

Administrative Law Judge Alice Haenle agreed to immediately implement the new protocols.

 

 

C.    Enforcement Matters

Stipulations

EEB Case No. 2012-046 (Cleman)

David Killeen briefed the Board on a proposed stipulation and order in the matter of Deanna Cleman. Ms. Cleman agreed that she may have violated RCW 42.52.160 when she used the agency’s computer to download and play games. Due to a significant health issue during the time of her violation, the Board waived her $500 civil penalty.

EEB Case No. 2012-056 (Gardiner)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of William Gardiner. Mr. Gardiner agreed that he may have violated RCW 42.52.160, .020, .030 and .070 when evidence showed that he used his position with the Washington State Patrol to have two personal citations dismissed, that he claimed working overtime hours when he was not at the work site and awarded himself a majority of available overtime instead of using a rotational list.  The stipulation proposes a penalty of $60,000.

EEB Case No. 2013-005 (Caldwell)

Mr. Killeen briefed the Board on the proposed stipulation and order in the matter of William Caldwell.  Mr. Caldwell agreed that he may have violated RCW 42.52.020 and .070 when he hired his wife to teach classes at Bates Technical College and, in turn, his wife hired him to teach classes at Pierce College.  The stipulation proposes a penalty of $1,750.

EEB Case No. 2013-011 (Krall)

David Killeen briefed the Board on the proposed stipulation and order in the matter of Candace Krall.  Ms. Krall agreed that she may have violated RCW 42.52.160 when she used state resources for her personal benefit. Evidence indicated that Ms. Krall used her state computer and email system to correspond with a contractor regarding home repairs and her private insurance agent.  The stipulation proposes a penalty of $2,500 with $1,250 suspended.

EEB Case No. 2013-018 (Dickson)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Shannon Dickson.  Ms. Dickson agreed that she may have violated RCW 42.52.160 when she used state resources for personal gain when, during her employment with the state, she used state resources to conduct 33 massages at work to fulfill class requirements to become a massage therapist.  She also used the state’s email system to schedule these messages with her coworkers. The stipulation proposes a penalty of $1,950.

EEB Case No. 2013-022 (Caldwell)

Mr. Killeen briefed the Board on the proposed stipulation and order in the matter of Pam Caldwell. Ms. Caldwell agreed that she may have violated RCW 42.52.020 and .070 when she hired her husband to teach classes at Pierce College and she has hired by her husband to teach classes at Bates Technical College. The stipulation proposes a penalty of $1,750.

EEB Case No. 2013-029 (Kramer)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Dale Kramer. Mr. Kramer agreed that he may have violated RCW 42.52.160 when he used state resources to conduct internal union business. The stipulation proposes a Letter of Instruction in lieu of monetary penalty.

EEB Case No. 2013-031 (Myers)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Renee Myers. Ms. Myers agreed that she may have violated RCW 42.52.160 when she used state resources to conduct internal union business. The stipulation proposes a Letter of Instruction in lieu of monetary penalty.

EEB Case No. 2013-032 (Rodgers)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Steve Rodgers. Mr. Rodgers agreed that he may have violated RCW 42.52.160 when he used state resources to conduct internal union business. The stipulation proposes a Letter of Instruction in lieu of monetary penalty.

EEB Case No. 2013-043 (Kuehn)

Mr. Killeen briefed the Board on the proposed stipulation and order in the matter of Thomas Kuehn. Mr. Kuehn agreed that he may have violated RCW 42.52.160 when he used state resources to promote his outside business. Records showed that he sent/received over 300 emails promoting his invention of a device use in school for children’s safety. The stipulation proposes a penalty of $2,750.

The Board deferred action on all stipulations until after their Closed session.

Executive Director Dismissals

EEB Case No. 2013-015 (Singh), EEB Case No. 2013-026 (Prince), EEB Case No. 2013-030 (Smith), EEB Case No. 2013-034 (French) and EEB Case No. 2013-038 (Moore)

Melanie de Leon summarized five ED Dismissals.

 

 

 

D.    Policy Reviews

Melanie de Leon reported a Use of State Resources and a Social Networking policy submitted by the Office of the Attorney General and recommended Board approval.

 

Motion 14-003 Moved by Member Williams, seconded by Member Simmons:

 

The Board approves the Office of the Attorney General’s Use of State Resources and Social Networking policies as presented.

 

The motion passed unanimously.

 

Ms. de Leon also reported an Ethics Policy, Nepotism Policy and Board of Trustees Code of Ethics submitted by Walla Walla Community College. She recommended the Board approve all three policies

 

Motion 14-004 Moved by Member Williams, seconded by Member Simmons:

 

The Board approves Walla Walla Community College’s Ethics Policy, Nepotism Policy and Board of Trustees Code of Ethics as presented.

 

The motion passed unanimously.

 

E.    Use of State Resources Discussion – Outcome of subcommittee meetings

Melanie de Leon presented a draft WAC 292-110-010 Use of state resources as agreed upon by a sub-committee made up of staff, Board members and Ethics Advisors from various state agencies. She noted that some of the changes include defining de minimis use and reorganization of both the permitted and prohibited use sections.

Motion 14-005 Moved by Member Williams, seconded by Member Simmons:

 

The Board approves draft language of WAC 292-110-010 Use of state resources and instructed staff to file the CR- 101 and move forward with the rule-making process.

 

The motion passed unanimously.

 

F.    Staff Reports

1.  Executive Director’s Report

Melanie de Leon introduced employees of Western Washington University who wanted to observe a Board meeting and will be attending some training following the meeting. She also noted that the Legislative session is about to start and added that she would be tracking bills that may have an impact on the Ethics in Public Service Act.

 

2.  AAG Report

Assistant Attorney General Bruce Turcott reported on a proposed bill that will be introduced during this Legislative session that would require training on the Public Disclosure Act.

 

3.  Other Staff Reports

 

No other staff reports were given.

 

 

G.   Public Comment/Board Member Comment

No Public or Board member comments were given.  

 

H.    Executive/Closed Session

At 10:10 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 11:00 a.m. the Board returned to regular session and reported the following:

 

Motion 14-006 Moved by Member Williams, seconded by Member Simmons:

 

The Board accepts the following Stipulated Facts, Conclusions and Orders as presented:

·       EEB Case No. 2012-046 (Cleman)

·       EEB Case No. 2012-056 (Gardiner)

·       EEB Case No. 2013-005 (Caldwell)

·       EEB Case No. 2013-011 (Krall)

·       EEB Case No. 2013-018 (Dickson)

·       EEB Case No. 2013-022 (Caldwell)

·       EEB Case No. 2013-029 (Kramer)

·       EEB Case No. 2013-032 (Rodgers)

·       EEB Case No. 2013-043 (Kuhn)

 

The motion passed unanimously.

 

 

Motion 14-007 Moved by Member Williams, seconded by Member Simmons:

 

The Board finds Reasonable Cause in EEB Case No. 2013-024 Jessica Chaney and EEB Case No. 2013-041 Bruce Thomas.

 

The motion passed unanimously.

 

I.       Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:02 a.m.

 

Approved by the Board 3/14/14