WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

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

July 12, 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.

 

2.     Approval of Agenda

Melanie de Leon noted that EEB Case 2008-128, John Petruzzelli, was being moved from Requests to Vacate Default Orders to Stipulations.

 

Motion 13-034 Moved by Member Williams, seconded by Member Simmons:

 

The Board approves the July 12, 2013 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the May 10, 2013 Meeting Minutes

       

Motion 13-035 Moved by Member Williams, seconded by Member Simmons:

 

The Board approves the May 10, 2013 minutes as presented.

 

The motion passed unanimously.

 

B.    Motion to Dismiss

Administrative Law Judge Alice Haenle presided over a request for a Motion to Dismiss regarding EEB Case 2012-024 Mike Nelson.  Mr. Nelson was represented by his attorney, Jason Keyes, and the State was represented by Assistant Attorney General Chad Standifer.

Following argument, the Board noted that they would deliberate in closed session and a written order would be issued.

 

C.    Enforcement Matters

Stipulations

EEB Case No. 2010-022 (Ling)

Melanie de Leon briefed the Board on a proposed stipulation and order in the matter of Les Ling. Mr. Ling agreed that he may have violated RCW 42.52.160 when he used state resources (agency time, computer and email) during work hours to conduct unauthorized and non-agency related activities. The stipulation proposes a penalty of $2,500 with $1,000 suspended.

EEB Case No. 2012-069 (Sweet)

David Killeen briefed the Board on the proposed stipulation and order in the matter of Randy Sweet. Mr. Sweet agreed that he may have violated RCW 42.52.020, .030, .070 and .160 when he purchased shop supplies from a vendor not contracted with the state, received discounts from that vendor on personal purchases, did business with a non-contracted vendor whose account manager was a family member and for using shop supplies and the facility to complete work on personal vehicles. The stipulation proposes a penalty of $7,500.

EEB Case No. 2012-056 (Gardiner)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of William Gardiner.  Mr. Gardiner agreed that he may have violated RCW 42.52.020, .030, .070 and .160 when he used state resources for his personal gain, conducted activities incompatible with his public duties, had a financial interest in a transaction and used his position to secure special privileges. The stipulation proposes a penalty of $25,000 with $2,753 in restitution to the Washington State Patrol.

EEB Case No. 2012-057 (Lovelady)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Paul Lovelady.  Mr. Lovelady agreed that he may have violated RCW 42.52.070 and .160 when he used the agency’s multimedia equipment to produce a private film that he entered into a film competition. The stipulation proposes a penalty of $4,000 with $1,000 suspended.

EEB Case No. 2012-067 (Bealer)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Heidi Bealer.  Ms. Bealer agreed that she may have violated RCW 42.52.160 when she sent and received emails on the state’s system regarding her outside employment of proctoring tests at the college. In addition, Ms. Bealer used the state system for other personal business. The stipulation proposes a penalty of $2,500 with $1,500 suspended.

EEB Case No. 2012-069 (Kozhemyakin)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Polina Kozhemyakin.  Ms. Kozhemyakin agreed that she may have violated RCW 42.52.160 when she used the agency’s email system to send and receive emails regarding her outside employment proctoring tests at the college. The stipulation proposes a penalty of $2,500 with $1,750 suspended.

EEB Case No. 2008-128 (Petruzzelli)

Assistant Attorney General Chad Standifer briefed the Board on the proposed stipulation and order regarding John Petruzzelli. Mr. Petruzzelli agreed that he may have violated RCW 42.52.160 when he extensively used his state computer to access hundreds of graphic images containing adult-oriented material, downloaded a pornographic video on his state computer, made non-work related internet queries, allowed a minor family member to use the state computer, accessed personal email from his personal AOL account regarding non-work related issues and drafted and sent correspondence and documents regarding an outside business and personal activities. Mr. Standifer noted that Mr. Peturzzelli is in Chapter 13 Bankruptcy and as a result the stipulation imposes no penalty.

The Board deferred action until after their Closed session.

Executive Director Dismissals

EEB Case No. 2012-078 (Dickinson) and EEB Case No. 2013-008 (Wofford)

Melanie de Leon summarized two dismissals.

Request to Vacate Default Order

EEB Case 2010-068 (Wise)

The Board considered a request to Vacate a Default Order regarding Jason Wise. Mr. Wise was present and represented himself stating that his address was incorrect and he did not receive the notice of conference from the Office of Administrative Hearings. Assistant Attorney General Susan Jensen represented the State stating that Mr. Wise never notified the Board, staff or the Office of Administrative Hearings of his address change. In addition, Mr. Wise received and responded to other letters sent to the same address.

Following argument, the Board noted that they would deliberate in closed session.

D.    Policy Reviews

Melanie de Leon reported on the Washington Military Department’s Ethics Policy and recommended the Board approve the policy.

 

Motion 13-036 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board approves the Washington Military Department’s Ethics policy as presented.

 

The motion passed unanimously.

 

E.    Advisory Opinion Request

Ms. de Leon reported on a request from the Department of Corrections (DOC) to allow the Correctional Peace Officers Foundation to set up tables in DOC facilities to provide information on the foundation and to sign up members. Ms. de Leon researched the foundation and was unable to locate it being listed on the Combined Fund Drive (CFD) website as an eligible charity.

Scott Frakes, Deputy Director of Prisons was present and provided background on the Correctional Peace Officers Foundation. Charlene Corby and Dee Dee Wernet, representing the Foundation, were also present and discussed its goals and purpose. Ms. Corby also ensured the Board that the Foundation was a CFD charity.

The Board tabled the discussion until the September meeting to allow staff time to conduct additional research and verify the Foundation’s listing in the CFD.

F.    Discussion

Melanie de Leon discussed a request to clarify questions regarding what constituted personal benefit and gain when using state resources for personal reasons and whether WAC 292-110-010(5)(a) referred only to the private financial gain of the state employee or if it also included private financial gains of outside businesses.  The request was brought by Brian Jensen from the Health Care Authority. Mr. Jensen was present and addressed the Board stating that he believes that WAC 292-110-010(5)(b) referred to the use of state resources for outside businesses and (5)(a) only referred to the private financial gain of the state employee themselves, making the December 2012 and the April 2013 Tip of the Month inaccurate.  Mr. Jensen also stated that every use of a state employee entails a personal benefit or gain based upon the Board’s interpretation as set forth in Advisory Opinion 02-02A, which may contradict what the Board provided in their Guidance on the use of state resources.

The Board asked staff to temporarily remove the tips in question from the website and requested that staff meet with the Ethics Advisory Group to begin a discussion with them on how they interpret the WAC and Guidance within their agency. The Board and staff will then work together on revising AO 02-02A and/or the WAC and Guidance to ensure they are all consistent and up-to-date.  

G.   Staff Reports

1.  Executive Director’s Report

Melanie de Leon updated the Board on the budget as recently passed in the Legislature.

 

2.  AAG Report

Bruce Turcott noted that the budget cuts should not have an impact on the work he does for the Board.

 

3.  Other Staff Reports

 

No other staff reports were given.

 

 

 

H.    Public Comment/Board Member Comment

Lynn Hendrickson from the Board of Industrial Insurance Appeals thanked Melanie for her assistance and advice during the anticipation of a government shutdown and furloughs, which resulted in requests from employees wishing to pre-file for unemployment compensation.

I.       Executive/Closed Session

At 11:34 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

 

J.     Motion for Summary Judgment

EEB Case 2012-030 James Manley

At 1:00 p.m. the Board returned to regular session and Administrative Law Judge Alice Haenle presided over a Motion for Summary Judgment. Board Member Samantha Simmons recused herself from the proceeding.

Attorney Andrew Schwartz represented Mr. James Manley and Assistant Attorney General Chad Standifer represented the state. 

Following oral argument, ALJ Haenle adjourned the hearing. The Board noted that they would deliberate in closed session and a written order would be issued.

At 2:15 p.m. the Board went into executive/closed session.

At 3:55 p.m. the Board returned to regular session and reported the following:

 

Motion 13-037 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board rejects the Stipulated Facts, Conclusions and Order in EEB Case No. 2010-022, Les Ling.

 

The motion passed unanimously.

 

Motion 13-038 Moved by Vice Chair Dudek Ross, seconded by Member Simmons:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case No. 2012-069, Randy Sweet, as presented.

 

The motion passed unanimously.

 

Motion 13-039 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board rejects the Stipulated Facts, Conclusions and Order in EEB Case No. 2012-056, William Gardiner.

 

The motion passed unanimously.

 

Motion 13-040 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case No. 2012-057, Paul Lovelady, as presented.

 

The motion passed unanimously.

 

Motion 13-041 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case No. 2012-067, Heidi Bealer, as presented.

 

The motion passed unanimously.

 

Motion 13-042 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case No. 2012-069, Polina Kozhemyakin, as presented.

 

The motion passed unanimously.

 

Motion 13-043 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board rejects the Stipulated Facts, Conclusions and Order in EEB Case No. 2008-128, John Petruzzelli.

 

The motion passed unanimously.

 

Motion 13-044 Moved by Member Williams, seconded by Member Simmons:

 

The Board approves the request to Vacate Default Order in EEB Case No. 2010-068 Jason Wise.

 

The motion passed unanimously.

 

Motion 13-045 Moved by Chair Marsh, seconded by Vice Chair Dudek Ross:

 

The Board finds Reasonable Cause in EEB Case No. 2012-055 Brad Owen.

 

The motion passed unanimously.

 

Motion 13-046 Moved by Chair Marsh, seconded by Vice Chair Dudek Ross:

 

The Board finds Reasonable Cause in EEB Case No. 2012-075 Tang Nguyen.

 

The motion passed unanimously.

 

Motion 13-047 Moved by Chair Marsh, seconded by Member Williams:

 

The Board finds No Reasonable Cause in EEB Case No. 2012-002 Heather Lopez.

 

The motion passed unanimously.

 

Motion 13-048 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-003 Robert Nelson and EEB Case No. 2013-004 Monica Ruiz.

 

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

Not Voting:  Chair Marsh

 

The motion passed.

 

Motion 13-049 Moved by Chair Marsh, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-007 John Carlton.

 

The motion passed unanimously.

 

Motion 13-050 Moved by Chair Marsh, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-009 Cathy Perry.

 

The motion passed unanimously.

 

Motion 13-051 Moved by Chair Marsh, seconded by Member Williams:

 

The Board issues a Final Order and Judgment in EEB Case No. 2012-048 Shelly Glenn.

 

The motion passed unanimously.

 

K.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 4:02 p.m.

 

Approved by the Board 9/13/13