WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

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

 

July 13, 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 Vice Chair Lisa Marsh at 9:00 a.m.  In attendance were Members Linnaea Jablonski, Anna Dudek Ross and Michael Bahn. Chair Matthew Williams was absent. 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 the closed session agenda had been revised to add an additional Reasonable Cause Determination.

 

Motion 12-031 Moved by Member Jablonski, seconded by Member Dudek Ross:

 

The Board approves the July 13, 2012 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the May 11, 2012 Meeting Minutes

       

Motion 12-032 Moved by Member Jablonski, seconded by Member Bahn:

 

The Board approves the May 11, 2012 minutes as presented.

 

The motion passed unanimously.

 

B.    Enforcement Matters

Stipulations

EEB Case No. 2011-020 (Russ)

David Killeen briefly noted that the Board accepted the proposed stipulation and order in the matter of Daniel Russ at their meeting in May.  Mr. Russ has requested that the words “pro bono” be inserted at the top of page three. No other changes were made to the previously approved order.

EEB Case No. 2011-03 (Ballard)

David Killeen briefed the Board on the proposed stipulation and order in the matter of Gerald Ballard.  Mr. Ballard agreed that he may have violated RCW 42.52 by using his state computer for day trading, visiting NASDAQ and storing 646 files related to stock trading on his computer. The stipulation proposes a penalty of $3,000 with $1,500 suspended.

EEB Case No. 2011-034 (Mutnick)

David Killeen also briefed the Board on the proposed stipulation and order in the matter of James Mutnick.  Mr. Mutnick agreed that he may have violated RCW 42.52 by making excessive phone calls to his spouse and others that were not work related, visited several non-work related websites and used his state computer to conduct business for an outside dance academy and photography studio. The stipulation proposes a penalty of $1,500.

EEB Case No. 2012-004 (Barber)

David Killeen briefed the Board on the proposed stipulation and order in the matter of Sally Barber.  Ms. Barber agreed that she may have violated RCW 42.52 when she conducted a personal outside business, used her computer to store documents relating to real estate transactions as well as visiting other non-work related websites. The stipulation proposes a penalty of $2,000 with $1,000 suspended.

EEB Case No. 2012-009 (Little)

David Killeen also briefed the Board on the proposed stipulation and order in the matter of Leonard Little.  Mr. Little agreed that he may have violated RCW 42.52 by using state resources for personal gain. Mr. Little’s computer records show that in a 51-day period, over 46 percent of his internet use was for personal business. In addition, his computer contained 50 mp3 music/sound files that were not work related. The stipulation proposes a penalty of $1,000.

Vice Chair Marsh recused herself from any action relating to EEB Case No. 2012-009 Leonard Little.

The Board deferred action until after closed session.

Executive Director Dismissals

EEB Case 2012-023 (Lee)

Melanie de Leon briefly summarized an Executive Director dismissal.

C.    Policy Reviews

Melanie de Leon reported on an Ethics/Use of Resources policy submitted by the Department of Ecology.

 

Motion 12-033 Moved by Member Jablonski, seconded by Member Dudek Ross:

 

The Board approves the Department of Ecology’s Ethics/Use of Resources Policy as presented.

 

The motion passed unanimously.

 

D.    Advisory Opinion Review

Melanie de Leon reported on the final group of Advisory Opinions under review.  The Board made the following determinations:

 

·       AO 97-01Outside Employment – Repealed due to a change in the law.

·       AO 97-01A Outside Employment – Repealed due to a change in the law.

·       AO 97-14 Outside Employment – Retired because the issue is well settled and there is no need for the opinion to remain active.

·       AO 99-06 Outside Compensation/Expert Testimony – Repealed due to a change in the law.

·       AO 99-01 Definition of a Legislative Body/Political Activities, - Retired because the issue is well settled and there is no need for the opinion to remain active.

·       AO 01-06 Post-Employment of Former Department of Ecology Employees – Retired because the issues in this opinion are narrowly tailored, unlikely to resurface and the opinion is based upon facts and matters that are no longer pertinent.

·       AO 97-13 Financial Interests/Board Membership – Retired because the issues are narrowly tailored and are unlikely to resurface leaving no need for the opinion to remain active.

·       AO 99-08 Permissible Investment/Reinvestment of Dividends – Retired since the issues are narrowly tailored and unlikely to resurface.

 

E.    Strategic Plan

The Board and staff reviewed their 2009-2013 Strategic Plan and began discussion on revisions and updates to the goals and action items.

 

F.    Staff Reports

1.  Executive Director’s Report

Melanie de Leon briefly reported on upcoming training in Eastern Washington and reminded members that hearings are currently scheduled for every Thursday prior to our regular Board meetings through July 2013.  She also commented that there are some rules that will need to be addressed as soon as the moratorium is lifted by the Governor in January 2013

 

2.  AAG Report

No AAG report was given.

 

 

 

3.  Other Staff Reports

 

No other staff reports were given.

 

G.   Public Comment/Board Member Comment

Vice Chair Marsh thanked the audience members for the active discussion and input regarding the Board’s strategic plan.

H.    Executive/Closed Session

At 10:40 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 12:18 p.m. the Board returned to regular session and reported the following:

 

Motion 12-034 Moved by Member Jablonski, seconded by Vice Chair Marsh:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2011-020, Daniel Russ, EEB Case #2011-032, Gerald Ballard, EEB Case #2011-034 James Mutnick, and EEB Case #2012-004, Sally Barber as presented.

 

The motion passed unanimously.

 

Motion 12-035 Moved by Member Jablonski, seconded by Member Bahn:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2012-009 Leonard Little as presented.

 

Voting For:  Members Jablonski, Bahn and Dudek Ross.

Not Voting:  Vice Chair Marsh.

 

The motion passed.

 

Motion 12-036 Moved by Member Jablonski, seconded by Vice Chair Marsh:

 

The Board finds no Reasonable Cause in EEB Case #2012-014, Cathy Canorro and EEB Case #2012-027, Kate Burke.

 

The motion passed unanimously.

 

Motion 12-037 Moved by Member Bahn, seconded by Vice Chair Marsh:

 

The Board finds no Reasonable Cause in EEB Case #2012-018, Cheryl Strange.

 

Voting For:  Vice Chair Marsh and Members Bahn and Dudek Ross.

Not Voting:  Member Jablonski.

 

The motion passed.

 

Motion 12-038 Moved by Member Jablonski, seconded by Vice Chair Marsh:

 

The Board finds Reasonable Cause in EEB Case #2012-003, Joe Hawe, EEB Case 2012-025, Raquel Salinas and EEB Case #2012-030, James Manley.

 

The motion passed unanimously.

 

Motion 12-039 Moved by Member Jablonski, seconded by Vice Chair Marsh:

 

The Board finds Reasonable Cause in EEB Case #2012-016, Alan Paja.

 

Voting For:  Vice Chair Marsh and Members Jablonski and Dudek Ross.

Not Voting:  Member Bahn.

 

The motion passed.

 

Motion 12-040 Moved by Member Jablonski, seconded by Member Bahn:

 

The Board dismisses EEB Case #2011-037, Steven Birch.   

 

The motion passed unanimously.

 

I.       Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 12:22 p.m.

 

Approved by the Board 9/14/12