WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

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

 

September 14, 2012

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 Matthew Williams at 9:00 a.m.  In attendance were Vice Chair Lisa Marsh and Members Linnaea Jablonski, Anna Dudek Ross and Michael Bahn. 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 agenda had been revised to add two additional Stipulations.

 

Motion 12-041 Moved by Member Jablonski, seconded by Vice Chair Marsh:

 

The Board approves the September 14, 2012 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the July 13, 2012 Meeting Minutes

       

Motion 12-042 Moved by Vice Chair Marsh, seconded by Member Jablonski:

 

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

 

The motion passed unanimously.

 

B.    Enforcement Matters

Stipulations

EEB Case No. 2011-005 (Wheat)

Melanie de Leon briefed the Board on a proposed stipulation and order in the matter of Jean Wheat.  Ms. Wheat agreed that she may have violated RCW 42.52.070 when she used her position to secure special privileges for family members. Evidence indicated that she solicited her subordinates to donate sick leave to her daughter.  In addition, Ms. Wheat informed subordinates that she knew of a family in need for an adopt a family program during the holidays. It was not until after the gifts were purchased and delivered that staff were told the family was actually Ms. Wheat’s son, daughter-in-law and grandchildren. The stipulation proposes a penalty of $2,500.

EEB Case No. 2011-033 (Smith)

Ms. de Leon also briefed the Board on the proposed stipulation and order in the matter of Edwina Smith.  Ms. Smith agreed that she may have violated RCW 42.52.160 for using state resources for personal gain and to conduct a personal business. Ms. Smith used her state computer to visit sites directly related to her outside business, visited wedding related sites 348 times in a one month period and a direct sales website, online university and her personal email account nearly 1500 times in a 19 month period. The stipulation proposes a penalty of $1,500.

EEB Case No. 2012-003 (Hawe)

Ms. de Leon also briefed the Board on the proposed stipulation and order in the matter of Joe Hawe.  Mr. Hawe agreed that he may have violated RCW 42.52 by securing a special privilege for others, using state resources for personal gain and for conducting activities incompatible with public duties. The stipulation proposes a penalty of $12,500.

EEB Case No. 2012-007 (Aparicio)

Ms. de Leon briefed the Board on the proposed stipulation and order in the matter of Rudy Aparicio.  Mr. Aparicio agreed that he may have violated RCW 42.52.160 for using state resources for personal gain when he stored 117 mp3 files on his computer that were not work related and used the internet for personal business. The stipulation proposes a penalty of $2,500 with $1,500 suspended.

Vice Chair Marsh recused herself from any action relating to EEB Case No. 2012-007 Rudy Aparicio.

EEB Case No. 2012-011 (Rodriquez)

Ms. de Leon also briefed the Board on the proposed stipulation and order in the matter of Lorenzo Rodriguez.  Mr. Rodriguez agreed that he may have violated RCW 42.52.160 by using state resources for personal gain. Mr. Rodriguez used his state issued cell phone for over 200 personal calls over a four month period. The stipulation proposes a penalty of $1,250, suspending $250.

Vice Chair Marsh recused herself from any action relating to EEB Case No. 2012-011 Lorenzo Rodriguez.

EEB Case No. 2012-012 (Ruiz)

Ms. de Leon also briefed the Board on the proposed stipulation and order in the matter of Monica Ruiz.  Ms. Ruiz agreed that she may have violated RCW 42.52.160 by using state resources for personal gain. Ms. Ruiz used her SCAN card to make over 100 personal phone calls. The stipulation proposes a penalty of $250.

Vice Chair Marsh recused herself from any action relating to EEB Case No. 2012-012 Monica Ruiz.

EEB Case No. 2012-013 (Zhu)

Ms. de Leon also briefed the Board on the proposed stipulation and order in the matter of Ming Zhu.  Mr. Zhu agreed that he may have violated RCW 42.52.160 by using state resources for personal gain. Mr. Zhu used the agency’s computer to visit sites that were not related to his position and to send correspondence relating to his outside employment with the Oregon Department of Corrections. The stipulation proposes a penalty of $2,500, suspending $1,000.

Member Jablonski recused herself from any action relating to EEB Case No. 2012-013 Ming Zhu.

EEB Case No. 2012-025 (Salinas)

Ms. de Leon briefed the Board on the proposed stipulation and order in the matter of Raquel Salinas.  Ms. Salinas agreed that she may have violated RCW 42.52.160 by using state resources to promote an outside business that her husband owned. The stipulation proposes a penalty of $500, suspending $250.

The Board deferred action until after closed session.

Executive Director Dismissals

EEB Case 2012-028 (Morrison) EEB Case 2012-029 (Jeppesen)

Melanie de Leon briefly summarized two Executive Director dismissals.

C.    Policy Reviews

Melanie de Leon reported on an Ethical Conduct policy submitted by the Horse Racing Commission. Deputy Secretary Doug Moore was present and noted that the policy clarifies off-season employment for their staff.

 

Motion 12-043 Moved by Member Jablonski, seconded by Member Bahn:

 

The Board approves the Horse Racing Commission’s Ethical Conduct Policy as presented.

 

The motion passed unanimously.

 

C.    Strategic Plan Update

Melanie de Leon provided a draft of the 2012-2015 Strategic Plan. She discussed goals to strengthen the ethical culture and promoting an ethical workforce with the executive branch, promoting good governance and improving the complaint process to make filing easier and investigation time shorter.

 

Board members and staff will finalize the plan at their November meeting.

 

 

D.    Staff Reports

1.  Executive Director’s Report

Melanie de Leon reported that the 2012 survey will be sent out to all state employees by the end of the month and work will begin on updating agency scorecards.  She also noted that there is currently a backlog of cases waiting to be scheduled for enforcement hearings, so beginning July 2013 the Board will hold hearings every month, with business meeting continuing to be held every other month.

 

2.  AAG Report

No AAG report was given.

 

3.  Other Staff Reports

 

No other staff reports were given.

 

E.    Public Comment/Board Member Comment

No public or Board Member comments were given.

F.    Executive/Closed Session

At 9:31 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 11:07 a.m. the Board returned to regular session and reported the following:

 

Motion 12-044 Moved by Vice Chair Marsh, seconded by Member Jablonski:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2011-005, Jean Wheat as presented.

 

The motion passed unanimously.

 

Motion 12-045 Moved by Vice Chair Marsh, seconded by Member Jablonski:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2011-033 Edwina Smith and assesses a penalty of $3,000 with $1,500 suspended.

 

The motion passed unanimously.

 

Motion 12-046 Moved by Vice Chair Marsh, seconded by Member Jablonski:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2012-003, Joe Hawe as presented.

 

The motion passed unanimously.

 

Motion 12-047 Moved by Member Jablonski, seconded by Member Dudek-Ross:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2012-007, Rudy Aparicio with the removal of the last sentence in Section 4 referring to unintentional violations.

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2012-011, Lorenzo Rodriguez and EEB Case #2012-012 Monica Ruiz as presented.

 

Voting For:  Chair Williams and Members Jablonski, Bahn and Dudek-Ross.

 

Not Voting:  Vice Chair Marsh.

 

The motion passed.

 

Motion 12-048 Moved by Vice Chair Marsh, seconded by Member Dudek-Ross:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2012-013, Ming Zhu, with a modification to add findings related to sleeping past his break periods.

 

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

 

Not Voting:  Member Jablonski.

 

The motion passed.

 

Motion 12-049 Moved by Vice Chair Marsh, seconded by Member Jablonski:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2012-025, Raquel Salinas as presented.

 

The motion passed unanimously.

 

Motion 12-050 Moved by Vice Chair Marsh, seconded by Member Jablonski:

 

The Board finds Reasonable Cause in EEB Case #2012-024, Michael Nelson.

 

The motion passed unanimously.

 

Motion 12-051 Moved by Vice Chair Marsh, seconded by Member Jablonski:

 

The Board finds Reasonable Cause in EEB Case #2012-031, Ray Meinzer.

 

The motion passed unanimously.

 

Motion 12-052 Moved by Vice Chair Marsh, seconded by Member Jablonski:

 

The Board finds Reasonable Cause in EEB Case #2012-032, Phillip Venditti.

 

The motion passed unanimously.

 

Motion 12-053 Moved by Vice Chair Marsh, seconded by Member Jablonski:

 

The Board finds Reasonable Cause in EEB Case #2012-033 Chon Clayton.

 

The motion passed unanimously.

 

G.   Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:15 a.m.

 

Approved by the Board 11/9/12