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Meeting Date: Nov 18, 2016

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

Meeting Date: Sep 9, 2016

Meeting Date: Jul 8, 2016

Meeting Date: May 13, 2016

Meeting Date: Mar 18, 2016

Meeting Date: Jan 15, 2016

Meeting Date: Sep 11, 2015

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May 6-8, 2014. Minutes are not done for enforcement hearings

Meeting Date: Mar 14, 2014

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Meeting Date: Dec 13, 2013

Minutes are not done for enforcement hearings

Meeting Date: Nov 8, 2013

Meeting Date: Jul 13, 2013

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July 10 and 11 Hearing. Minutes are not done for enforcement hearings

Meeting Date: Mar 10, 2013

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Meeting Date: Mar 7, 2013

Minutes are not done for enforcement hearings

Meeting Date: Jan 11, 2013

Meeting Date: Jan 9, 2013

January9 and 10 Hearing. Minutes are not done for enforcement hearings

Meeting Date: Nov 9, 2012

Meeting Date: Sep 14, 2012

Meeting Date: Jul 13, 2012

Meeting Date: Jul 12, 2012

Minutes are not done for enforcement hearings

Meeting Date: May 11, 2012

Meeting Date: Mar 16, 2012

Meeting Date: Jan 13, 2012

Meeting Date: Jan 12, 2012

Minutes are not done for enforcement hearings

Meeting Date: Nov 18, 2011

Revised Agenda

Meeting Date: Sep 9, 2011

Meeting Date: Jul 8, 2011

Meeting Date: May 13, 2011

Meeting Date: Mar 11, 2011

Meeting Date: Jan 14, 2011

JanuaryMeeting Cancelled

Meeting Date: Nov 12, 2010

WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

1110 Capitol Way S– 4th Floor Video Conference Room – Olympia, WA

 

November 12, 2010

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 Michael Connelly at 9:00 a.m.  In attendance were Members Neil Gorrell, Martin Biegelman and Matthew Williams III. Board staff in attendance included:  Executive Director Melanie de Leon, Senior Assistant Attorney General Mary Tennyson, Administrative Officer Ruthann Bryant and Assistant Attorney General Kate Reynolds. 

 

2.    Approval of Agenda

 

Motion 10-032 Moved by Member Gorrell, seconded by Member Williams:

 

The Board approves the November 12, 2010 agenda as presented.

 

The motion passed unanimously.

 

3.    Approval of the September 17 and October 12, 2010 Meeting Minutes

        

Motion 10-033 Moved by Member Biegelman, seconded by Member Gorrell:

 

The Board approves the September 17 and October 12, 2010 minutes as presented.

 

The motion passed unanimously.

 

B.   Election of Officers

Motion 10-034 Moved by Member Gorrell, seconded by Member Biegelman:

 

The Board elects Michael Connelly as the Chair of the Executive Ethics Board effective January 1, 2011.

 

The motion passed unanimously.

 

Motion 10-035 Moved by Member Gorrell, seconded by Member Williams:

 

The Board elects Martin Biegelman as the Vice Chair of the Executive Ethics Board effective January 1, 2011.

 

The motion passed unanimously.

 

C.   Advisory Opinion Review

Melanie de Leon briefly summarized honorarium and use of state resources previously discussed at the last three meetings.  She also provided comments regarding the proposed update. The new Board Counsel requested an opportunity to review the comments received from state agencies before the Board takes any final action on the opinion.  The Board will discuss counsel’s findings at their January 14, 2011 meeting.

 

D.   Performance Measure Discussion

Ms. de Leon also provided an update on the performance metrics plan and surveys that have been deployed to state agencies. Staff has developed four versions on the survey, focusing on agency leadership, HR managers, state employees and Legislators.  She also noted that a new home page has been developed and released for the Board’s website.  The new page includes a public survey and an interactive blog.

E.   Policy Reviews

Melanie de Leon summarized a draft Office of the Attorney General policy previously discussed at the September meeting.  She noted that the changes requested by the Board were incorporated in the new draft.  

Motion 10-036 Moved by Member Gorrell, seconded by Member Biegelman:

 

The Board approves the Office of the Attorney General Social Networking Policy as presented. 

 

The motion passed unanimously.

 

F.    Staff Reports

1.  Executive Director’s Report

Melanie de Leon introduced new Board prosecutor Kate Reynolds.  She also noted that with the current budget situation and our vacant investigator position, she is currently investigating cases.

 

 

 

2.  AAG Report

No AAG reports were given.

 

3.  Other Staff Reports

No staff reports were given.

 

G.   Public Comment/Board Member Comment

Shea Richardson with the Department of Natural Resources commented that her agency’s focus on Ethics has become more important with the current budget situation. 

H.   Closed Session

At 9:30 a.m. the Board moved into Closed Session to deliberate on quasi-judicial matters. 

At 10:30 a.m. the Board returned to regular session.  The Board reported the following:

 

Motion 10-037 Moved by Member Gorrell, seconded by Member Biegelman:

 

The Board finds reasonable cause in EEB Case #09-012, Paula Canfield, EEB Case #09-013, Susan Mottram, EEB Case #10-018 Jose Diaz and EEB Case #10-019 Les Ling.

 

The motion passed unanimously.

 

Motion 10-038 Moved by Member Gorrell, seconded by Member Biegelman:

 

The Board dismisses EEB Case #09-062 Judy Johnson, EEB Case #10-015 Rex Derr, EEB Case 2010-018 Judy Shurke and EEB Case #10-066 Gregg Schriato.

 

The motion passed unanimously.

 

Motion 10-039 Moved by Member Gorrell, seconded by Member Biegelman:

 

The Board issues an Order and Judgment in EEB Case #09-023 and 09-024, Daniel Morgan, imposing a civil penalty of $500.

 

The motion passed unanimously.

 

I.      Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 10:27 a.m.

 

Approved by the Board 3/11/11    

Meeting Date: Oct 12, 2010

October12 and 13, 2010 Settlement Accepted

Meeting Date: Sep 17, 2010

Meeting Date: Jul 9, 2010

Meeting Date: May 14, 2010

Meeting Date: Mar 12, 2010

Meeting Date: Jan 8, 2010

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No minutes available

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Retreat

Meeting Date: May 10, 2002

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