WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

Via Zoom

January 8, 2021

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 Battan at 9:01 a.m.  In attendance were Vice Chair Gerri Davis and Members Lisa Marsh, Anna Dudek Ross and Jan Jutte. Board staff in attendance included:  Executive Director Kate Reynolds, Assistant Attorney General Chad Standifer, Assistant Attorney General Michelle Carr, Investigators David Killeen and Bobby Frye and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Motion 21-001 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board approved the January 8, 2021 revised agenda as presented.

 

The motion passed unanimously.

 

3.     Approval of the November 13 and November 19 Meeting Minutes

 

Motion 21-002 Moved by Vice Chair Davis seconded by Member Jutte:

 

The Board approved the November 13, 2020 minutes as presented.

 

The motion passed unanimously.

 

Member Marsh noted an amendment to her motion in the minutes and added that it was corrected prior to today’s meeting.

  

Motion 21-003 Moved by Member Marsh seconded by Vice Chair Davis:

 

The Board approved the November 19, 2020 minutes as amended.

 

The motion passed unanimously.

 

B.    Enforcement Matters

Stipulations

EEB Case 2020-004 (Meyer)

Senior Investigator David Killeen briefed the Board on a proposed stipulation and order in the matter of Josie Meyer, Clinical Placement Coordinator at Clover Park Technical College. Ms. Meyer agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit and gain in supporting her outside business. Evidence indicated that she accessed the internet and accessed folders/files stored on her work computer related to her outside business on at least 58 occasions over a 10-day period. The stipulation imposes a civil penalty of $2,750 with $500 suspended.

 

EEB Case 2020-028 (Nelson)

Mr. Killeen also briefed the Board on a proposed stipulation and order in the matter of Melanie Nelson, Community Corrections Officer with the Department of Corrections. Ms Nelson agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit and gain. Evidence indicated that Ms. Nelson spent an excessive amount of time on her work computer doing personal research as she studied for her Law School Admissions Test and other non-work related activity. A review of her computer revealed over 48 hours on internet activity over an eight-month period. The stipulation imposes a civil penalty of $3,500 with $1,000 suspended.

 

EEB Case 2020-033 (Valdez)

Investigator Bobby Frye briefed the Board on a proposed stipulation and order in the matter of Rosalba Valdez, Corrections Specialist with the Department of Corrections. Ms. Valdez agreed that she may have violated the Ethics in Public Service Act by using her position to secure special privileges and using state resources for her private benefit or gain. Evidence indicated that Ms. Valdez was using state equipment during working hours to do work as an adjunct instructor for Heritage University and spending time browsing the internet for non-work related reasons. The Board levied a civil penalty of $2,500 with $500 suspended.

 

Executive Director Dismissals

Kate Reynolds summarized two Executive Director Dismissals: EEB Case 2020-045 Alice Kreiger and EEB Case 2020-050 Frederick Woodward-Pratt.

 

The Board deferred action on the enforcement matters until after their closed session.

 

D.    Policy Reviews

Kate Reynolds presented Tacoma Community College’s Affinity Groups Policy, noting that the policy was patterned after the Office of the Attorney General’s Affinity Group policy. She also noted that the FAQs were included and the changes requested at the November 13, 2020 meeting have been made. She recommended approval.

 

The Board noted a couple of additional edits and concurred with approving with the edits.

 

Motion 21-004 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board approved Tacoma Community College’s Affinity Groups policy with the requested edits.

 

The motion passed unanimously.

 

F.    Staff Reports

Executive Director Kate Reynolds reported on the 2020 States With Anti-corruption Measures for Public officials (S.W.A.M.P) report developed by the Coalition for Integrity and Washington is listed as number one in the country.   

No other staff reports were given.

G.    Public Comment/Board Member Comment

No public or Board Member comments were given.

H.    Closed Session

At 9:18 a.m. the Board moved into Closed Session. 

At 10:50 a.m. the Board returned to regular session and reported the following:

 

Motion 21-005 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2020-024 Joyce Griffin-Sobel.

 

The motion passed unanimously.

 

Motion 21-006 Moved by Member Marsh, seconded by Vice Chair Davis:

 

The Board found Reasonable Cause over $500 in EEB Case 2020-039 Mike Andrew.

 

The motion passed unanimously.

 

Motion 21-007 Moved by Member Marsh, seconded by Vice Chair Davis:

 

The Board found Reasonable Cause over $500 in EEB Case 2020-040 Steven Hailey.

 

The motion passed unanimously.

 

Motion 21-008 Moved by Member Marsh, seconded by Member Jutte:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2020-041 Victoria Kennedy.

 

The motion passed unanimously.

 

Motion 21-009 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board determined that any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and further proceedings would not serve the purposes of this chapter in EEB Case 2020-047 Julian Haiel.

 

The motion passed unanimously.

 

Motion 21-010 Moved by Vice Chair Davis, seconded by Member Jutte:

 

The Board determined that any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and further proceedings would not serve the purposes of this chapter in EEB Case 2020-048 Marlenea Aspden.

 

The motion passed unanimously.

 

Motion 21-011 Moved by Chair Battan, seconded by Vice Chair Davis:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2020-053 Tyler Close.

 

The motion passed unanimously.

 

Motion 21-012 Moved by Chair Battan, seconded by Vice Chair Davis:

 

The Board found Reasonable Cause over $500 in EEB Case 2020-055.

 

Motion 21-013 Moved by Member Marsh:

 

The Board dismisses the complaint finding that any violation is not within jurisdiction of the Board and also that the complaint was obviously unfounded and frivolous because, RCW 41.04.362 allows the wellness activities except for those falling within subsection 3 and Ms. Birch did not establish a program or activity that involves organized or systematic physical exercise, that it is  “only available while the Governor’s Stay Home, Stay Healthy” proclamation is in effect and if there was a violation of an Advisory Opinion, equity and consistency requires we treat Ms. Birch the same as 2020-042 Roger Millar, who violated 04-01 and was determined to not have reasonable cause to believe a violation occurred.

 

Motion 21-013 dies for lack of a second.

 

Voting For Motion 21-012:  Chair Battan, Vice Chair Davis, and Members Dudek Ross and Jutte.

 

Voting Against Motion 21-012:  Member Marsh.

 

Motion 21-012 passed.

 

Motion 21-014 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board determined that the complaint is not within the jurisdiction of the Board and dismisses EEB Case 2020-056 Jemell Garris.

 

The motion passed unanimously.

 

Motion 21-015 Moved by Member Jutte, seconded by Chair Battan:

 

The Board issued an Order of Default in EEB Case 2020-011 Jodi Russell.

 

The motion passed unanimously.

 

Motion 21-016 Moved by Vice Chair Davis, seconded by Chair Battan:

 

The Board issued an Order of Default in EEB Case 2020-025 Andrew Braddock.

 

The motion passed unanimously.

 

Motion 21-017 Moved by Member Dudek Ross, seconded by Chair Battan:

 

The Board issued a Final Order of Default in EEB Case 2020-030 Jessica Burris.

 

The motion passed unanimously.

 

Motion 21-018 Moved by Chair Battan, seconded by Vice Chair Davis:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $2,750 with $500 suspended in EEB Case 2020-004 Josie Meyer.

 

The motion passed unanimously.

 

Motion 21-019 Moved by Chair Battan, seconded by Vice Chair Davis:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $3,500 with $1,000 suspended in EEB Case 2020-028 Melanie Nelson.

 

Motion 21-020 Moved by Member Marsh:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $2,500 with $1,000 suspended in EEB Case 2020-028 Melanie Nelson.

 

Motion 21-020 dies for lack of a second.

 

Voting For Motion 21-020:  Chair Battan, Vice Chair Davis, and Members Dudek Ross and Jutte.

 

Voting Against Motion 21-020:  Member Marsh.

 

Motion 21-020 passed.

 

Motion 21-021 Moved by Chair Battan, seconded by Member Jutte:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $2,500 with $500 suspended in EEB Case 2020-033 Rosalba Valdez.

 

The motion passed unanimously.

 

I.       Miscellaneous Matters/Adjournment

There were no miscellaneous matters and the meeting was adjourned at 11:08 a.m.

Approved by the Board 3/12/2021