WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

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

January 15, 2016

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 Chair Anna Dudek Ross at 9:00 a.m.  In attendance were Members Lisa Marsh and John Ladenburg. Vice Chair Simmons and Member Sumeer Singla were absent. Board staff in attendance included:  Executive Director Kate Reynolds, Assistant Attorney General Bruce Turcott, Assistant Attorney General Chad Standifer, Investigator David Killeen and Administrative Officer Ruthann Bryant.

 

Chair Dudek Ross introduced and welcomed new Member John Ladenburg. Mr. Ladenburg provided a brief background and expressed his interest in the work of the Board.

 

2.     Approval of Agenda

 

Motion 16-001 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board approves the January 15, 2016 agenda as presented.

 

The motion passed unanimously.

 

3.     Approval of the September 11, 2015 Meeting Minutes

       

Motion 16-002 Moved by Member Marsh, seconded by Chair Dudek Ross:  

 

The Board approves the September 11, 2015 minutes as presented.

 

The motion passed unanimously.

 

B.    Rule-Making

Kate Reynolds presented the final proposed rule amendments to WAC 292-110-010 Use of state resources and requested Board approval to file the CR-103 and CES with the Code Reviser. 

 

Motion 16-003 Moved by Member Marsh, seconded by Member Ladenburg: 

 

The Board approves the final amendments to WAC 292-110-010 Use of State Resources as drafted and directed staff to file the CES and CR-103 with an effective date of April 1, 2016.

 

The motion passed unanimously.

 

C.    Enforcement Matters

Stipulations

EEB Case No. 2014-036 (Fluaitt)

David Killeen briefed the Board on a proposed stipulation and order in the matter of Jacqueline Fluaitt. Ms. Fluaitt agreed that she may have violated RCW 42.52.160 by taking personal time away from work without submitting the proper leave requests. The Stipulation imposes a penalty of $5,500 with $2,250 suspended.

EEB Case No. 2014-068 (Barrera)

Mr. Killeen also briefed the Board on a proposed Stipulation and Order in the matter of Patricia Barrera.  Ms. Barrera agreed that she may have violated RCW 42.52.160 when she used state resources to promote and sell Omnitrition products. The Stipulation imposes a penalty of $1,500 with $750 suspended.

EEB Case No. 2015-025 (Emerson)

Mr. Killeen briefed the Board on the proposed Stipulation and Order in the matter of Amy Emerson.  Ms. Emerson agreed that she may have violated RCW 42.52.160 when she used state computer resources for non-work related activities. The Stipulation imposes a penalty of $3,000 with $1,500 suspended.

Executive Director Dismissals

EEB Case No. 2014-060 (Schielf), EEB Case No. 2015-020 (Runnion), EEB Case No. 2015-028 (Small), EEB Case No. 2015-062 (Frakes), EEB Case No. 2015-063 (Briones) and EEB Case No. 2015-066 (Kaplan)

Kate Reynolds summarized five Executive Director Dismissals.

The Board deferred action on the enforcement matters until after their closed session.

 

D.    Policy Review

Kate Reynolds reported on a Use of State Resources policy from the Washington State Historical Society. She noted that the policy is consistent with the Ethics Act and corresponding rule and recommended approval.

 

Member Marsh requested that “employees/volunteers” be consistent throughout the policy and noted that SCAN is no longer a term used in state service.

Chair Dudek Ross requested that “private gain” be changed to “private financial gain” on page 4.

Motion 16-004 Moved by Member Marsh, seconded by Chair Dudek Ross: 

 

The Board approves the Washington State Historical Society’s Use of State Resources policy as amended.

 

The motion passed unanimously.

 

E.    Staff Reports

Kate Reynolds provided a budget update and reported that we hope to have our second investigator onboard by the end of March. She also summarized Legislation that may have an impact on the Ethics in Public Service Act.

F.    Public Comment/Board Member Comment

No public or Board member comments were expressed.

G.   Executive/Closed Session

At 9:33 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 10:45 a.m. the Board returned to regular session and reported the following:

 

Motion 16-005 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board approves the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2014-036 Jacqueline Fluaitt as presented.

 

The motion passed unanimously.

 

Motion 16-006 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board approves the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2014-068 Patricia Barrera as presented.

 

The motion passed unanimously.

 

Motion 16-007 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board approves the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case No. 2015-025 Amy Emerson as presented.

 

The motion passed unanimously.

 

Motion 16-008 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board finds Reasonable Cause in EEB Case No. 2014-041 Denise Stewart.

 

The motion passed unanimously.

 

Motion 16-009 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board finds Reasonable Cause in EEB Case No. 2014-059 Steven Rodgers.

 

The motion passed unanimously.

 

Motion 16-010 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board finds Reasonable Cause in EEB Case No. 2014-078 Barry Moore.

 

The motion passed unanimously.

 

Motion 16-011 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board dismisses EEB Case No. 2014-096 and 2014-097 Victoria Walker and William Peters.

 

The motion passed unanimously.

 

Motion 16-012 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board dismisses the following:

 

EEB Case No. 2015-064 Brian Bonlender

EEB Case No. 2015-067 Melanie Anderson

EEB Case No. 2015-069 Rick Locke

EEB Case No. 2015-071 Tony Usibelli

 

The motion passed unanimously.

 

Motion 16-013 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board dismisses EEB Case No. 2015-065 Daniel Malarkey.

 

The motion passed unanimously.

 

Motion 16-014 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board dismisses EEB Case No. 2015-068 Michael Carr.

 

The motion passed unanimously.

 

Motion 16-015 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board dismisses EEB Case No. 2015-070 Rogers Weed.

 

The motion passed unanimously.

 

Motion 16-016 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board issues an Order of Default in EEB Case No. 2014-080 Nora Dudley.

 

The motion passed unanimously.

 

H.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 10:49 a.m.

 

Approved by the Board 3/18/16