WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 4th
Floor Conference Room – Olympia, WA
November 18, 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 Members Lisa Marsh and
John Ladenburg. Chair Anna Dudek Ross and Member Sumeer Singla were absent. Board
staff in attendance included: Executive
Director Kate Reynolds, Assistant
Attorney General Bruce Turcott, Assistant Attorney General Chad Standifer and
Investigators David Killeen and Dan Davis.
2. Approval of Agenda
Kate Reynolds noted an additional Stipulation under Enforcement Matters
and noted that Clover Park Technical College’s Ethical Conduct policy has been
removed from the agenda.
Motion 16-060
Moved by Member Marsh, seconded by Member Ladenburg:
The Board approves the November
18, 2016 agenda as presented.
The motion passed unanimously.
3. Approval of the September 9, 2016 Meeting Minutes
Motion 16-061 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves the September 9, 2016 minutes as presented.
The motion passed
unanimously.
B. Request for Advisory Opinion
Kate
Reynolds reported on a request for an Advisory Opinion from the Office of the
Attorney General. The request seeks the
Board’s opinion on permissible methods of sharing external information
regarding diversity events and trainings sponsored by outside organizations
with employees when the information either has a fundraising component or if it
is unclear whether there is a fundraising component to the event.
The
Office of the Attorney General, Deputy Erika Uhl was present and provided
background on the request, noting that many of the events grant continuing
legal education credits which are essential to the employees of the office.
Following
discussion, the Board requested further information to be brought to the
January 13, 2017 meeting.
Motion 16-062 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board will consider
issuing an Advisory Opinion regarding the Office of the Attorney General’s
request.
The motion passed unanimously.
C. Rule Making
Public Hearing regarding
WAC 292-100 Procedural
Kate Reynolds presided over a hearing on proposed revisions to WAC
292-100 Procedural Rules and noted that notice was sent out to all stakeholders
and no comments were received. She requested
Board approval to file the CR-103 with the Code Reviser with adoption of the
rule anytime after December 16, 2016.
Motion 16-063 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves filing
the CR 103 on WAC 292-100 Procedural Rules.
The motion passed unanimously.
D. Election of Officers
Motion 16-064 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board elects to retain
Anna Dudek Ross as Chair and Samantha Simmons as Vice Chair for 2017.
The motion passed
unanimously.
E. Enforcement Matters
Stipulations
EEB Case No. 2014-093
(Fields)
Assistant
Attorney General Chad Standifer briefed the Board on a proposed stipulation and
order in the matter of Erika Fields. Ms. Fields agreed that she may have
violated the Ethics in Public Service Act by using state resources for her
personal benefit and gain when she visited non-work related websites including
sites in which she would be compensated for providing product feedback. The
Stipulation imposes a penalty of $2,500 with $1,000 suspended.
EEB Case No. 2015-009
(Marino)
AAG
Standifer also briefed the Board on a proposed stipulation and order in the
matter of Nate Marino. Mr. Marino agreed that he may have violated RCW 42.52.160
by state resources for his personal benefit. Evidence showed that Mr. Marino
used his state computer for personal use for approximately 54% of work days
covered in the investigation. The Stipulation imposes a penalty of $2,000.
EEB Case No. 2015-033
(Hundley)
David
Killeen briefed the Board on a proposed stipulation and order in the matter of Carolyn
Hundley. Ms. Hundley agreed that she may have violated RCW 42.52.160 by
spending time and computer resources visiting online shopping sites to make
personal purchases. The Stipulation imposes a penalty of $1,000.
EEB Case No. 2015-060
(Mosqueda)
Dan
Davis reported on a proposed stipulation and order in the matter of Lawrence
Mosqueda. Dr. Mosqueda agreed that he may have violated RCW 42.52.180 when he
promoted a fundraising event for a Seattle City Council member running for
reelection during a commencement ceremony held at The Evergreen State
College. The Stipulation proposes a
penalty of $1,000 with $500 suspended.
EEB Case No. 2016-046
(Ling)
David
Killeen also summarized a proposed stipulation and order in the matter of Les
Ling. Mr. Ling agreed that he may have
violated the Ethics in Public Service Act when he used state resources for his
personal benefit and gain. Mr. Killeen
noted that this is Mr. Ling’s second Ethics violation within the last five
years. The stipulation proposes a
penalty of $2,500
Executive Director
Dismissals
EEB Case No. 2015-030
(Bird), EEB Case No. 2015-036 (Rowland), EEB Case No. 2015-037 (Mackewich), EEB
Case No. 2015-038 (Hanson), EEB Case No. 2015-042 (Knight), EEB Case No.
2015-051 (Somers), EEB Case No. 2015-074 (Thompson), EEB Case No. 2015-075
(Thompson), EEB Case No. 2016-019 (Sharp), EEB Case No. 2016-020 (DeSmet), EEB
Case No. 2016-021 (Moen), EEB Case No. 2015-022 (Fleischer), EEB Case No.
2016-023 (White), EEB Case No. 2016-025 (Hawkins), EEB Case No. 2016-026
(Stacey), EEB Case No. 2016-028 (Sinkovic), EEB Case No. 2016-029 (Larson), EEB
Case No. 2016-031 (Davis), EEB Case No. 2016-047 (Derain), EEB Case No.
2016-048 (Layman)
Kate Reynolds summarized 20 Executive Director Dismissals.
The Board deferred action on the enforcement matters until after their
closed session.
F. Policy Reviews
Kate Reynolds reported on an Ethics policy from the Department of
Health (DOH). She noted that DOH combined four separate policies into one
Ethics policy and incorporated changes resulting from recent rule amendments. DOH
also requests approval of a new Outside Activity policy. Lynda Karseboom of DOH
was also present.
Member Lisa Marsh requested that DOH carry the language in number
4 throughout the remainder of the policy for clarification.
Motion 16-065 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves the
Department of Health’s Ethics Policy and Outside Activities Policy as amended.
The motion passed unanimously.
Kate Reynolds also presented a Use of State Resources policy from
the Office of Administrative Hearings noting that the language regarding the
collective bargaining agreement and the Ethics in Public Service Act has been
removed.
Motion 16-066 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves the
Office of Administrative Hearings Use of State Resources Policy as presented.
The motion passed unanimously.
Ms. Reynolds reported on an Ethics policy submitted by the Office
of the Insurance Commissioner. The policy includes incorporating changes to the
definition of de minimis and clarifies the appropriate use of state
resources. Melanie Watness was present
to answer any questions.
Motion 16-067 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves the
Office of the Insurance Commissioner Ethics Policy No. 1 as presented.
The motion passed unanimously.
Ms. Reynolds also reported on a Using Electronic Communication
Systems policy submitted by the Department of Financial Institution.
Motion 16-068 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves the
Department of Financial Institution’s Using Electronic Communication Systems
(403) policy as presented.
The motion passed unanimously.
G. Advisory Opinion Review
Kate
Reynolds continued with an Advisory Opinion (AO) review project and presented
changes made to a group of AO’s regarding Post-state Employment.
Motion 16-069 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves updates
to the following Advisory Opinions:
·
97-06 Assisting in a
Transaction
·
97-07 Employment by a
Person Who Contracted with Employee’s Agency
·
97-08 Conflicts of
Interest Regarding Post-state Employment
·
98-02 Transaction
Involving the State
·
00-01 Stock Options and
Post-state Employment
·
00-02 Working on Programs
Funded by a Grant the Employee Administers
·
00-07 Post-state
Employment
·
00-13 Post-state
Employment
·
01-01 Post-state
Employment
·
01-06 Application of
Post-employment Provisions to Former Department of Ecology Employees who Worked
on the Hanford Federal Facility Dangerous Waste Program Permitting Process
·
08-03 Post-state
Employment
·
10-04 Former Employee
Assisting on State Contract
The motion passed unanimously.
H. Staff Reports
Kate
Reynolds noted that an additional 45-day Citizen Action letter was received and
will be handled by her. She also noted that Bruce Turcott was recently awarded
the Senior Counsel designation.
Assistant
Attorney General Bruce Turcott briefly reported on a new decision regarding the
Public Records Act.
Assistant
Attorney General Chad Standifer provided an update on the Erika Hanson case,
adding that the Court dismissed her appeal.
I. Public Comment/Board Member Comment
Lynn
Hendrickson, with the Board of Industrial Insurance Appeals, suggested that
staff look at collective bargaining agreements and the like when researching
the request for an advisory opinion.
J. Executive/Closed Session
At
10:16 a.m. the Board moved into Executive Session, immediately followed by Closed
Session to deliberate on quasi-judicial matters.
At approximately 11:15 a.m. the Board returned to regular session
and reported the following:
Motion 16-069 Moved by Member Ladenburg,
seconded by Member Marsh:
The Board approves the
Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case No.
2014-093, Erika Fields, EEB Case No. 2015-009, Nate Marino, EEB Case No.
2015-033 Carolyn Hundley and EEB Case 2015-060 Lawrence Mosqueda, as presented.
The motion passed unanimously.
Motion 16-070 Moved by Member
Ladenburg, seconded by Member Marsh:
The Board amends the
Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case No. 2016-046
Les Ling and increases the penalty from $2,500 to $3,500. The additional $1,000
is the amount suspended in Mr. Ling’s previous Stipulated Facts, Conclusions of
Law and Agreed Order.
The motion passed unanimously.
Motion 16-071 Moved by Member Ladenburg,
seconded by Member Marsh:
The Board finds Reasonable
Cause over $500 in the following cases:
·
EEB Case No. 2015-029 Russ
Beard
·
EEB Case No. 2015-031 Carl
Walters
·
EEB Case 2015-041 Thomas
Harmon
·
EEB Case 2015-056
Christina Hughes
·
EEB Case 2015-057 Tracy
Devora
·
EEB Case 2016-009 Billie
Huston
·
EEB Case 2016-024 Nancy
Moriarty
·
EEB Case 2016-027 Leland
Taylor
·
EEB Case 2016-030 Derick
Sleight
·
EEB Case 2016-033 Khoi Mai
·
EEB Case 2016-034 Houng
Mai
The motion passed unanimously.
Motion 16-072 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board finds Reasonable
Cause less than $500 in EEB Case 2015-039 Kim Jacobs-Nicholson.
The motion passed unanimously.
Motion 16-073 Moved by Member Marsh
seconded by Member Ladenburg:
The Board approves Motion
for Default in EEB Case No. 2014-088 Jeremy Williams.
The motion passed unanimously.
Motion 16-074 Moved by Member Marsh
seconded by Member Ladenburg:
The Board approves Final
Orders of Default in EEB Case No. 2014-064 Sarah Barron and EEB Case No.
2014-095 Cheri Carter.
The motion passed unanimously.
K. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at approximately 11:18
a.m.
Approved by the Board 1/13/17