Executive Ethics Board Meeting Minutes
January 12, 2004
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MEETING LOCATION
2425 Bristol Ct SW
First Floor Conference Room 148
Olympia
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AGENDA
A.        Preliminary Business

1.            Roll Call - The meeting was called to order at 9:30 a.m. Present were Chair, Marilee Scarbrough; Vice-Chair, Paul Zellinsky; and Member,Trish Akana. Mr. Zellinsky appeared by telephone.  Also in attendance: Executive Director, Brian Malarky; Board Counsel, Kent Nakamura; Investigator, Sue Jones; Board Staff, Debbie O’Dell. Mr. Malarky introduced new administrative intern, Rachel Ward.

2.         Approval of Agenda The chair asked the Board to move agenda item D (Agency Rule Making) immediately after agenda item A (Preliminary Business).  Motion was made, seconded and passed to approve the agenda as modified. 
3.            Approval of November 21, 2003
Special Meeting Minutes - Motion made, seconded and passed to approve the November 21, 2003
minutes.
4.         Approval of December 11, 2003
Special Meeting Minutes - Motion made, seconded and passed to approve the December 11, 2003

minutes.

D.        Agency Rule Making

1.         Department of General Administration and Department of Personnel Rules Regarding Employee Business Units (Implementing RCW 41.06.142) - Mr. Malarky briefed the members on proposed rules by the Department of General Administration (GA) that will implement provisions of chapter 41.06 RCW regarding state agencies contracting with employee business units (EBU) to provide services that are customarily and historically provided by state employees. Susan Miller, Special Assistant to the Director of DOP, addressed the Board. The Board discussed the impact of the proposed rules on Ethics Act provisions related to private activity, solicitation, and bid evaluations ensued. Bill Joplin, Assistant Director to GA, provided background information regarding performance and statements of work. Mr. Joplin indicated that the proposed rules would not allow displaced state employees to participate in the award process of a contract with an EBU. Board members will have an opportunity to review final draft of proposed rules.

2.         Forest Practices Board - Proposed Ethics Rules - Mr. Malarky briefed the Board regarding the Forest Practices Board proposed amendments to WAC 22-08 that incorporate some of the Ethics Act.  The Members discussed the proposed rules and noted that certain segments of the proposed rules needed clarification. Mr. Malarky plans to attend a rule making hearing on
January 13, 2004 and asked the members for assistance in preparing a letter.  Chair Scarbrough will work with Mr. Malarky in preparing a letter for the upcoming hearing.

 

B.        Proposed Stipulations and Orders

1.         EEB Case No. 02-014 (Harris) - Charlie Harris, a Department of Social and Health Services employee, sent or received 41 personal e-mails during a ninety day period.  The e-mails were not brief.  In the proposed stipulation and order, Ms. Harris will accept a letter of reprimand from the Board and agrees to pay a $300.00 civil penalty.  The Board agrees to suspend the entire civil penalty on the condition that Ms. Harris complies with all terms and conditions of the stipulation and order and commits no further actions of the Ethics Act.

Results: After considering the matter in closed session, the Board accepted the proposed stipulation and order with minor modifications.
 
2.         EEB Case No. 02-060 (Leahy) - Dan Leahy, an employee of The Evergreen State College, used state resources to write and send a four-page open letter to more than 600 individuals and local businesses soliciting donations for a student defense fund.  Mr.Leahy did not have agency permission to use state resources for this project.  In the proposed stipulation and order, Mr. Leahy will accept a letter of reprimand from the Board and will pay a $250.00 civil penalty.  The Board agrees to suspend $150.00 of the civil penalty on the condition that
Mr. Leahy complies with all terms and conditions of the stipulation and order and commits no further violations of the Ethics Act.
 
Results: After considering the matter in closed session, the Board accepted the proposed stipulation and order with minor modifications.
 
C.        Advisory Opinions
 
1.         Advice Opinion 04-01, Links to a Private Organization Webpage - Mr. Malarky briefed the Board members on whether or not a state agency may maintain a direct internet link to private non-governmental web sites or web pages that may advocate for or against a ballot initiative or a political candidate.  The members discussed specific recommendations and language changes.  The members also discussed the suggestion of adding disclaimers and whether or not that protects someone from an ethics violation.  The members would like to offer agencies an opportunity to comment.  The Board directed Board staff to redraft the opinion and distribute it to state agencies prior to the February 13, 2004, meeting.
 
2.         Advice Opinion Request 03-2-1126-039, Use of State Facilities to Support Commercial Activity - Mr. Malarky provided an initial review of an advisory opinion request regarding the use of state facilities to participate in the creation of letters of recommendation or the review of articles in support of vendors to promote or sell products to other clients.  After a brief discussion, the Board members instructed Board staff to draft an advisory opinion that discouraged the use of state position and state resources to endorse private commercial products. 
 
E.         Agency Policy Review Requests
 
1.         Secretary of State, Network and Use Policies - The Secretary of State requested a Board review of their Network and Use policies which were adopted on October 29, 2003
.  David Swayne, Human Resource Consultant, and Michael Huntley, IT Manager, for the Secretary of State were present to answer questions from Board Members.  After a brief discussion about the synchronization of personal devices, such as cell phones and PDAs, with state computers, motion was made, seconded, and approved to accept the Secretary of State’s Network and Use Policies as written.
 
2.         Insurance Commission, Updated Ethics Policy - The Insurance Commission asked the Board to review revisions made to their Ethics Policy.  On May 11, 2001, the Board approved the Insurance Commissioner Ethics Policy. Tina VanderWal, Human Resource Manager for the Insurance Commission, was present to answer any Board questions.  After a brief discussion, the Board members complimented the Insurance Commissioner’s efforts to update its Ethics policy.  Motion was made, seconded and approved to approve the proposed revisions as written.
 
F.         Staff Report
 
1.         Budget - Mr. Malarky indicated that the Board was about $14,000.00 in the black and noted that the amount would rollover into the next fiscal year.
 
2.         Case Status Update – The members asked several questions about dismissals and other workload indicators, such as advisory opinions, case processing times. 
 
3.         2003 Training Report – The members asked several questions about comparisons to prior years and relationships between training and caseloads. 
 
4.         Non-Binding Staff Analysis – The members had no questions about the non-binding staff analysis provided.  
 

5.         WEA vs. PDC - The Board’s attorney gave a brief presentation about the outcome of this case, which was recently adjudicated in the Washington State Supreme Court.  The Court found that agency guidelines do not have the effect of law and dismissed the case.

G.        Executive Session and Closed Session - At 12:35 p.m., the Board moved into executive session to consider complaints against public officials.  The Board, Board Counsel, and Board Staff attended the executive session.  At 1:00 p.m. the board met in closed session to consider proposed stipulations and orders in several quasi-judicial maters before them. 

H.        Public Comment/Board Member Comments - The public session resumed at 1:30 p.m.
  The Members announced that they found reasonable cause to believe an ethics violation occurred in EEB Case No. 02-038.  The Board also accepted the proposed stipulations and orders in EEB Case No. 02-014 and No. 02-060 with minor modifications.
 
I.          Miscellaneous Matters/Adjournment - Meeting adjourned at 1:45 p.m.