WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

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

 

March 16, 2012

Regular Meeting Minutes

 

 

A.   Preliminary Business

1.    Roll Call

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

 

2.    Approval of Agenda

Melanie de Leon noted that the agenda had been revised to add three Stipulations and an Executive Director dismissal.

 

Motion 12-007 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board approves the March 16, 2012 agenda as amended.

 

The motion passed unanimously.

 

3.    Approval of the January 13, 2012 Meeting Minutes

        

Motion 12-008 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board approves the January 13, 2012 minutes as presented.

 

The motion passed unanimously.

 

B.   Enforcement Matters

Stipulations

EEB Case No. 2010-083 (Lassiter)

Melanie de Leon briefed the Board on the proposed stipulation and order in the matter of Queniya Lassiter.  Ms. Lassiter agreed that she may have violated RCW 42.52 when she used her state computer, email, internet and state owned scanner for personal use.  The stipulation proposes a penalty of $1,500.

EEB Case No. 2011-002 (Stricklett)

Melanie de Leon briefed the Board on the proposed stipulation and order in the matter of Dacia Stricklett.  Ms. Stricklett agreed that she may have violated RCW 42.52 when she used her state computer to read, edit and communicate regarding other aspects of a book she was writing. The stipulation proposes a penalty of $4,000 with $2,800 suspended.

EEB Case No. 2011-035 (Staples)

Melanie de Leon briefed the Board on the proposed stipulation and order in the matter of Clinton Staples.  Mr. Staples agreed that he may have violated RCW 42.52 when he used his state computer to visit non-work related internet sites and by using his state email for non-profit and personal benefit. The stipulation proposes a penalty of $1,500.

EEB Case No. 2011-036 (McStay)

Melanie de Leon briefed the Board on the proposed stipulation and order in the matter of Kevin McStay.  Mr. McStay agreed that he may have violated RCW 42.52 by using his state issued computer to visit sites on the internet and send/receive emails that were directly related to his outside business as a musician in a local band. The stipulation proposes a penalty of $3,000 with $1,500 suspended.

EEB Case No. 2011-042 (Marsh)

Melanie de Leon also briefed the Board on the proposed stipulation and order in the matter of Stan Marsh.  Mr. Marsh agreed that he may have violated RCW 42.52 when he used state resources to remove and install tires on his personal vehicle. The stipulation proposes that Mr. Marsh take instruction in the requirements of RCW 42.52.160.

The Board deferred action until after closed session.

Executive Director Dismissals

EEB Case 2011-037 (Birch) and EEB Case 2011-041 (Strickler)  

Melanie de Leon briefly summarized two Executive Director dismissals.

C.   Policy Reviews

Melanie de Leon reported on a policy submitted by the Washington State Board of Accountancy Ethics Policy.

Motion 12-009 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board approves the Washington State Board of Accountancy’s Ethics Policy as presented.

 

The motion passed unanimously.

 

 

 

D.   Discussion

Melanie de Leon reported on a request for formal advice from the Department of Corrections (DOC). DOC staff asked whether or not it would be a special privilege for their staff who work at correctional facilities to be permitted to borrow books and materials housed in the state library branch located within the correctional facility when the general public does not have physical access to the books and materials.

 

After researching the issue, Ms. de Leon found that while the public cannot go into a correctional facility to check out books, all of the books and materials housed in any of the state libraries are available through an interlibrary loan system to which all libraries in the state belong. Since anyone can go to their county library and request a book that may be physically located in a correctional facility library and receive it through the interlibrary loan system, everyone has “virtual” access to all of the books housed at correctional facilities and there is no special privilege given to DOC staff.

 

Motion 12-010 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board approves a draft letter to the state librarian clarifying that a special privilege is not afforded to DOC staff regarding borrowing books from state libraries located in correctional facilities.

 

The motion passed unanimously.

 

E.   Staff Reports

1.  Executive Director’s Report

Melanie de Leon provided a brief summary of Legislation that either impacted the Ethics in Public Service Act or the Board itself. She added that the bills are still active in the current special Legislative session. 

 

Ms. de Leon noted that Extern Phillip Downes finished his work with the Board at the beginning of March and did an outstanding job with surveys, scorecards and in assisting with the development of the Legislative report. She added that the report was delivered to Legislators in February and is posted on the Board’s website.

 

2.  AAG Report

No AAG reports were given.

 

3.  Other Staff Reports

 

No other staff reports were given.

 

 

F.    Public Comment/Board Member Comment

No public or Board member comments were given.

G.   Executive/Closed Session

At 9:20 a.m. the Board moved into Executive Session to discuss potential litigation, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 10:06 a.m. the Board returned to regular session and reported the following:

 

Motion 12-011 Moved by Vice Chair Marsh, seconded by Chair Williams:

 

The Board amends the Stipulated Facts, Conclusions and Order in EEB Case #2010-083, Queniya Lassiter to assess a penalty of $2,500 with $1,000 suspended on the condition that Ms. Lassiter commits no further violations of chapter 42.52 RCW for a period of three years from the date the agreement is executed.

 

The motion passed unanimously.

 

Motion 12-012 Moved by Vice Chair Marsh, seconded by Chair Williams:

 

The Board approves the Stipulated Facts, Conclusions and Order in EEB Case #2011-002, Dacia Stricklett, as presented.

 

The motion passed unanimously.

 

Motion 12-013 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2011-035, Clinton Staples, EEB Case #2011-036, Kevin McStay and EEB Case #2011-042, Stan Marsh, as presented.

 

The motion passed unanimously.

 

Motion 12-014 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board dismisses EEB Case #2011-041, Kris Strickler.

 

The motion passed unanimously.

 

Motion 12-015 Moved by Member Biery, seconded by Chair Williams:

 

The Board finds Reasonable Cause in EEB Case #2010-067, Phil Moller.

 

Voting for reasonable cause on all noted sections of law:  Chair Williams and Member Biery

Voting against one noted section of law: Vice Chair Marsh

 

The motion passed.

 

Motion 12-016 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board finds Reasonable Cause in EEB Case #2010-068, Jason Wise.

 

The motion passed unanimously.

 

Motion 12-017 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board finds Reasonable Cause in EEB Case #2010-069, Randy Sweet.

 

The motion passed unanimously.

 

Motion 12-018 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board finds Reasonable Cause in EEB Case #2011-032 Gerald Ballard.

 

The motion passed unanimously.

 

Motion 12-019 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board finds Reasonable Cause in EEB Case #2011-034, James Mutnick.

 

The motion passed unanimously.

 

H.   Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 10:13 a.m.

 

Approved by the Board 5/11/12