WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

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

July 8, 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 Vice Chair Samantha Simmons at 9:00 a.m.  In attendance were Member Lisa Marsh and Member Sumeer Singla. Chair Anna Dudek Ross and Member John Ladenburg were absent. Board staff in attendance included:  Executive Director Kate Reynolds, Assistant Attorney General Bruce Turcott, Assistant Attorney General Chad Standifer, Investigators David Killeen and Dan Davis and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Ruthann Bryant noted the addition of an Executive Director Dismissal under Enforcement Matters.

 

Motion 16-039 Moved by Member Marsh, seconded by Member Singla:

 

The Board approves the July 8, 2016 agenda as presented.

 

The motion passed unanimously.

 

3.     Approval of the May 13, 2016 Meeting Minutes

       

Motion 16-040 Moved by Member Marsh, seconded by Vice Chair Simmons:  

 

The Board approves the May 13, 2016 minutes as presented.

 

The motion passed unanimously.

 

B.    Rule Making

Public Hearing regarding WAC 292-130 Agency Organization – Public Records

Kate Reynolds presided over the public hearing and presented proposed rule amendments to WAC 292-130 Agency Organization – Public Records. She reported that the changes clarified the rules as well as some housekeeping updates. She added that the intended adoption date is July 29, 2016.

 

No one signed up to testify.

 

Discussion

Kate Reynolds briefly discussed proposed revisions to WAC 292-100 Procedural Rules and requested Board approval to file the CR-101 with the Code Reviser. 

 

Motion 16-041 Moved by Member Marsh, seconded by Member Singla: 

 

The Board approves filing the CR 101 on WAC 292-100 Procedural Rules.

 

The motion passed unanimously.

 

C.    Enforcement Matters

Stipulations

EEB Case No. 2014-042 (Shriner)

David Killeen briefed the Board on a proposed stipulation and order in the matter of Christine Shriner. Ms. Shriner agreed that she may have violated the Ethics in Public Service Act by taking time off from work without submitting the proper leave slips. The Stipulation imposes a penalty of $3,000 with $1,750 suspended.

EEB Case No. 2014-085 (Fitch)

David Killeen also briefed the Board on a proposed stipulation and order in the matter of Rob Fitch. Mr. Fitch agreed that he may have violated RCW 42.52.160 by using state resources for his personal benefit and gain in support of his homeschooling business. The Stipulation imposes a penalty of $2,500 with $1,000 suspended.

Executive Director Dismissals

EEB Case No. 2014-089 (Ingbretson), EEB Case No. 2014-100 (Van Fossen), EEB Case No. 2015-035 (Harris), EEB Case 2016-001 (Hanson) and EEB Case No. 2016-040 (Grondel)

Kate Reynolds summarized five Executive Director Dismissals.

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

 

D.    Advisory Opinion Review

Kate Reynolds continued with an Advisory Opinion (AO) review project and presented changes made to AO 98-09 Use of Resources for Political Campaigns and AO 02-04 Use of State Facilities, Including Electronic Mail to Distribute Newspaper Articles and Editorial Opinions as a follow up from the May meeting.

Motion 16-042 Moved by Member Marsh, seconded by Member Singla: 

 

The Board approves Advisory Opinion 98-09 Use of Resources for Political Campaigns and Advisory Opinion 02-04 Use of State Facilities, Including Electronic Mail to Distribute Newspaper Articles and Editorial Opinions as amended.

 

The motion passed unanimously.

 

The Board also reviewed a group of AO’s regarding Activities Incompatible, Financial Interests, Assisting in Transactions and Confidential Information.

Motion 16-043 Moved by Member Marsh, seconded by Member Singla: 

 

The Board approves updates to the following Advisory Opinions:

 

·       96-09 Disclosure Requirements for Boards and Commissions

·       96-09A Boards and Commissions

·       97-03 Outside Employment with a Regulated Entity

·       97-11 Financial Interests/Board Membership

·       97-12 Stock Ownership by State Employee

·       97-13 Financial Interests/Board Membership

·       98-04 Elective Office/Confidential Information

·       98-05 Transactions Involving the State

·       98-07 Outside Employment/Subcontracting

·       98-08 Conflict of Interest/Board Membership

·       98-11 Potential Conflicts of Interests Regarding Prospective Employment

·       99-04 Conflict of Interest/Spouse’s Business Interest

·       99-07 Conflicts of Interest Regarding Board Membership

·       00-04 Use of State Resources/Cell Phones (approved with a title revision)

·       01-03 State Employee’s Outside Business

Relationship With an Agency Vendor

·       01-04 State Officer’s Outside Business Relationship With an Agency that They Oversee

·       02-03 Conflicts Between the Regulatory and Proprietary Functions of Agency Employees

·       03-03 Use of Frequent Flyer Miles by State Officers and Employees

·       03-05 Holding an Interest Beneficial or Otherwise in a Person Regulated by a Citizen Body Whose Members May be Selected from Identified Groups or Interests

·       04-03 Conflicts of Interest related to Membership in Groups that are Sponsored by the Department of Natural Resources

 

The motion passed unanimously.

 

Motion 16-044 Moved by Member Singla, seconded by Member Marsh: 

 

The Board repeals Advisory Opinion 03-06 Financial Interests Regarding Non-Federal Grants

 

The motion passed unanimously.

 

E.    Staff Reports

Kate Reynolds provided a budget update and reported that the COGEL conference is being held in New Orleans in December.  She also noted that the Board has a two-day hearing scheduled in October.

New Investigator Dan Davis provided a brief background and added that he has been enjoying his first few weeks and learning many new things.  

F.    Public Comment/Board Member Comment

No public or Board Member comments were given.

G.   Executive/Closed Session

At 9:25 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 9:52 a.m. the Board returned to regular session and reported the following:

 

Motion 16-045 Moved by Member Marsh, seconded by Member Singla:

 

The Board approves the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case No. 2014-042 Christine Shriner.

 

The motion passed unanimously.

 

Motion 16-046 Moved by Member Marsh, seconded by Member Singla:

 

The Board approves the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case No. 2014-085 Rob Fitch.

 

The motion passed unanimously.

 

Motion 16-047 Moved by Member Marsh, seconded by Member Singla:

 

The Board finds Reasonable Cause in the following cases:

 

·       EEB Case No. 2014-083 Jo Simpson

·       EEB Case No. 2014-088 Jeremy Williams

·       EEB Case No. 2015-032 Emmett Larry Davis

·       EEB Case No. 2015-073 Denise Hawk

·       EEB Case No. 2016-041 Chris Madill

·       EEB Case No. 2016-046 Les Ling

 

The motion passed unanimously.

 

Motion 16-048 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board dismisses EEB Case No. 2015-046 Bryan Templeton.

 

The motion passed unanimously.

 

H.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 9:54 a.m.

 

Approved by the Board 9/9/16