WASHINGTON STATE

EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– Conference Room 148 – Olympia, WA

March 8, 2013

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 Lisa Marsh at 9:00 a.m. In attendance were Vice Chair Anna Dudek Ross and Members Matthew Williams and Samantha Simmons. Board staff in attendance included: Executive Director Melanie de Leon, Assistant Attorney General Bruce Turcott, Investigator David Killeen and Administrative Officer Ruthann Bryant.

Melanie de Leon reported that Member Mike Bahn has resigned from the Board to take a position with the Department of Health.

2. Approval of Agenda

Motion 13-009 Moved by Member Williams, seconded by Vice Chair Dudek Ross:

The Board approves the March 8, 2013 agenda as presented.

The motion passed unanimously.

3. Approval of the January 11, 2013 Meeting Minutes

Motion 13-010 Moved by Member Williams, seconded by Member Simmons:

The Board approves the January 11, 2013 minutes as presented.

The motion passed unanimously.

B. Enforcement Matters

Stipulations

EEB Case No. 2012-040 (Pezeshki)

David Killeen briefed the Board on a proposed stipulation and order in the matter of Charles Pezeshki. Mr. Pezeshki agreed that he may have violated RCW 42.52.160 when he used state resources for personal gain and to support two outside business ventures. He also used state resources to write articles for local newspapers that were not related to his official state duties and for which he received separate compensation. The stipulation proposes a penalty of $3,000 with $1,500 suspended.

EEB Case No. 2012-042 (Bigelow)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Sandy Bigelow. Ms. Bigelow agreed that she may have violated RCW 42.52.160 for using state resources to complete schoolwork, track personal expenses and further other personal business. The stipulation proposes a penalty of $2,500 with $1,000 suspended.

EEB Case No. 2012-043 (Holmes)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Jonathan Holmes. Mr. Holmes agreed that he may have violated RCW 42.52.160 when he used state resources to complete tax returns, track personal expenses and further other personal business. The stipulation proposes a penalty of $2,500 with $1,000 suspended.

EEB Case No. 2012-044 (Long)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Chris Long. Mr. Long agreed that he may have violated RCW 42.52.160 when he used state resources to research military weaponary, download MP3 files and view non-work related videos on YouTube. The stipulation proposes a penalty of $3,000 with $1,000 suspended.

EEB Case No. 2012-045 (Hutchinson)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of James Hutchinson. Mr. Hutchinson agreed that he may have violated RCW 42.52.160 when he used state resources to view sites relating to steel guitars, retirement, tax returns and other personal business. The stipulation proposes a penalty of $2,500 with $1,500 suspended.

EEB Case No. 2012-047 (Johnson)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Lisa Johnson. Ms. Johnson agreed that she may have violated RCW 42.52.160 when she used state resources to view sites and gather information on remodeling a home, apply for a construction loan and to further other personal business. The stipulation proposes a penalty of $2,500 with $1,000 suspended.

EEB Case No. 2012-050 (Welch)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Krystal Welch. Ms. Welch agreed that she may have violated RCW 42.52.160 when she used state resources to conduct business for two home based businesses. The stipulation proposes a penalty of $2,500 with $1,000 suspended.

EEB Case No. 2012-058 (Hyatt)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Jenna Hyatt. Ms. Hyatt agreed that she may have violated RCW 42.52.160 when she used state resources to support a political candidate for Superior Court judge. The stipulation proposes a penalty of $1,500 with $500 suspended.

Executive Director Dismissals

EEB Case 2012-038 (Baardson), EEB Case 2012-039 (Clark), EEB Case 2012-072 (Fairfield) and EEB Case 2012-073 (Bracey)

Melanie de Leon briefly summarized four Executive Director dismissals.

C. Policy Reviews

Melanie de Leon reported on the Washington State Department of Transportation’s Employee Use of Electronic Communication Systems policy and recommended Board approval.

Motion 13-011 Moved by Member Williams, seconded by Member Simmons:

The Board approves the Washington State Department of Transportation’s Employee Use of Electronic Communication Systems policy as presented.

The motion passed unanimously.

D. Discussion Item

Melanie de Leon summarized a request by the Washington Horse Racing Commission to change WAC 260-14-050 to allow the commission member who is required by statute to be a breeder of horses to also be able to own and race those horses at race meets regulated by the commission.

The Board determined that it would be a conflict of interest for a commissioner to own and race horses at race meets that they regulated, as well as a possible financial interest in a transaction and contrary to Advisory Opinion 97-03.

E. Legislation

Ms. de Leon summarized three legislative bills that impact the Ethics in Public Service Act or the Board itself. She added that she will keep the Board informed as the session continues.

F. Staff Reports

1. Executive Director’s Report

Melanie de Leon updated the Board on the matter regarding Belinda Stewart, noting that an appeal has been filed in Superior Court. She also reported that she has been working on drafting three Advisory Opinions for the Board’s review at upcoming meetings.

Ms. de Leon also noted that Consolidated Technology Services representatives would like to attend a future meeting to discuss the advancement of technology and the use of wireless internet, the cloud storage and the like.

2. AAG Report

No AAG report was given.

3. Other Staff Reports

No other staff reports were given.

G. Public Comment/Board Member Comment

No public or Board comments were given.

H. Executive/Closed Session

At 9:40 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters.

At 11:15 a.m. the Board returned to regular session and reported the following:

Motion 13-012 Moved by Chair Marsh, seconded by Member Simmons:

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

· EEB Case #2012-040, Charles Pezeshki

· EEB Case #2012-042, Sandy Bigelow

· EEB Case #2012-043, Jonathan Holmes

· EEB Case #2012-044, Chris Long

· EEB Case #2022-045, James Hutchinson

· EEB Case #2012-047, Lisa Johnson

· EEB Case #2012-050, Krystal Welch

· EEB Case #2012-028, Jenna Hyatt

The motion passed unanimously.

Motion 13-013 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

The Board finds Reasonable Cause in the following cases:

· EEB Case #2012-046, Deanna Cleman

· EEB Case #2012-051, Artee Young

· EEB Case #2012-057, Paul Lovelady

· EEB Case #2013-001, Todd Frederickson

The motion passed unanimously.

Motion 13-014 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

The Board finds Reasonable Cause in EEB Case #2012-062, John Dickson

Voting for: Vice Chair Dudek Ross and Members Williams and Simmons.

Not Voting: Chair Marsh.

The motion passed.

Motion 13-015 Moved by Vice Chair Dudek Ross, seconded by Member Simmons:

The Board issues a Final Order of Dismissal in EEB Case #2012-072, Tara Fairfield and EEB Case #2012-073 Walter Bracey.

The motion passed unanimously.

Motion 13-016 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

The Board finds No Reasonable Cause in EEB Case #2012-070, Robin Lake.

The motion passed unanimously.

I. Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:19 a.m.

Approved by the Board 5/10/13