Executive Ethics Board Meeting Minutes
January 12, 2004
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2425 Bristol Ct SW
First Floor Conference Room 148
Olympia
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AGENDA
A. Preliminary Business
1. Roll
Call - The meeting was called to order at 9:30
a.m. Present were Chair, Marilee
Scarbrough; Vice-Chair, Paul
Zellinsky; and Member,Trish
Akana. Mr.
Zellinsky appeared by telephone.
Also in attendance: Executive Director, Brian Malarky; Board Counsel,
Kent Nakamura; Investigator, Sue Jones; Board Staff, Debbie O’Dell. Mr. Malarky
introduced new administrative intern, Rachel
Ward.
2. Approval of Agenda
– The chair asked the Board to move agenda item D (Agency Rule Making)
immediately after agenda item A (Preliminary Business). Motion was made, seconded and passed to approve
the agenda as modified.
3. Approval
of November 21, 2003
Special Meeting Minutes
- Motion made, seconded and passed to approve the November 21, 2003
minutes.
4. Approval of December
11, 2003
Special Meeting Minutes
- Motion made, seconded and passed to approve the December 11, 2003
minutes.
D. Agency Rule Making
1. Department of General
Administration and Department of Personnel Rules Regarding Employee Business
Units (Implementing RCW 41.06.142) - Mr. Malarky
briefed the members on proposed rules by the Department of General Administration
(GA) that will implement provisions of chapter 41.06 RCW regarding state agencies
contracting with employee business units (EBU) to provide services that are
customarily and historically provided by state employees. Susan
Miller, Special Assistant
to the Director of DOP, addressed the Board. The
Board discussed the impact of the proposed rules on Ethics Act provisions
related to private activity, solicitation, and bid evaluations ensued. Bill
Joplin, Assistant Director
to GA, provided background information regarding performance and statements
of work. Mr. Joplin
indicated that the proposed rules would not allow displaced state employees
to participate in the award process of a contract with an EBU. Board members will have an opportunity to review
final draft of proposed rules.
2. Forest Practices Board
- Proposed Ethics Rules -
Mr. Malarky
briefed the Board regarding the Forest Practices Board proposed amendments to
WAC 22-08 that incorporate some of the Ethics Act.
The Members discussed the proposed rules and noted that certain segments
of the proposed rules needed clarification. Mr.
Malarky plans to attend a rule making hearing
on
January 13, 2004
and asked the members for assistance in preparing a letter. Chair Scarbrough will work with Mr.
Malarky in preparing a letter for the upcoming
hearing.
B. Proposed Stipulations and
Orders
1. EEB Case No. 02-014 (Harris)
- Charlie Harris, a Department of Social and Health Services employee,
sent or received 41 personal e-mails during a ninety day period. The e-mails were not brief. In the proposed stipulation and order, Ms.
Harris will accept a letter
of reprimand from the Board and agrees to pay a $300.00 civil penalty. The Board agrees to suspend the entire civil
penalty on the condition that Ms. Harris
complies with all terms and conditions of the stipulation and order and commits
no further actions of the Ethics Act.
Results: After considering the matter
in closed session, the Board accepted the proposed stipulation and order with
minor modifications.
2. EEB
Case No. 02-060 (Leahy) - Dan Leahy, an employee of The Evergreen State
College, used state resources to write and send a four-page open letter to more
than 600 individuals and local businesses soliciting donations for a student
defense fund. Mr.Leahy
did not have agency permission to use state resources for this project.
In the proposed stipulation and order, Mr.
Leahy will accept a letter of reprimand from
the Board and will pay a $250.00 civil penalty.
The Board agrees to suspend $150.00 of the civil penalty on the condition
that
Mr. Leahy
complies with all terms and conditions of the stipulation and order and commits
no further violations of the Ethics Act.
Results: After considering the matter
in closed session, the Board accepted the proposed stipulation and order with
minor modifications.
C. Advisory
Opinions
1. Advice
Opinion 04-01, Links to a Private Organization
Webpage - Mr.
Malarky briefed the Board members on whether
or not a state agency may maintain a direct internet link to private non-governmental
web sites or web pages that may advocate for or against a ballot initiative
or a political candidate. The members
discussed specific recommendations and language changes.
The members also discussed the suggestion of adding disclaimers and whether
or not that protects someone from an ethics violation.
The members would like to offer agencies an opportunity to comment. The Board directed Board staff to redraft the
opinion and distribute it to state agencies prior to the February 13, 2004,
meeting.
2. Advice
Opinion Request 03-2-1126-039, Use of State Facilities to Support Commercial
Activity - Mr. Malarky
provided an initial review of an advisory opinion request regarding the use
of state facilities to participate in the creation of letters of recommendation
or the review of articles in support of vendors to promote or sell products
to other clients. After a brief discussion,
the Board members instructed Board staff to draft an advisory opinion that discouraged
the use of state position and state resources to endorse private commercial
products.
E. Agency
Policy Review Requests
1. Secretary
of State, Network and Use Policies - The Secretary of State requested a
Board review of their Network and Use policies which were adopted on October 29, 2003
. David
Swayne, Human Resource Consultant, and Michael
Huntley, IT Manager, for the Secretary of
State were present to answer questions from Board Members. After a brief discussion about the synchronization
of personal devices, such as cell phones and PDAs, with state computers, motion
was made, seconded, and approved to accept the Secretary of State’s Network
and Use Policies as written.
2. Insurance
Commission, Updated Ethics Policy - The Insurance Commission asked the Board
to review revisions made to their Ethics Policy. On May
11, 2001, the Board approved the Insurance Commissioner Ethics Policy. Tina
VanderWal, Human Resource Manager for the
Insurance Commission, was present to answer any Board questions. After a brief discussion, the Board members
complimented the Insurance Commissioner’s efforts to update its Ethics policy.
Motion was made, seconded and approved to approve the proposed revisions
as written.
F. Staff
Report
1. Budget
- Mr. Malarky
indicated that the Board was about $14,000.00 in the black and noted that the
amount would rollover into the next fiscal year.
2. Case
Status Update – The members asked several questions about dismissals and
other workload indicators, such as advisory opinions, case processing times.
3. 2003
Training Report – The members asked several questions about comparisons
to prior years and relationships between training and caseloads.
4. Non-Binding
Staff Analysis – The members had no questions about the non-binding staff
analysis provided.
5. WEA
vs. PDC - The Board’s attorney gave a brief presentation
about the outcome of this case, which was recently adjudicated in the Washington
State Supreme Court. The Court found
that agency guidelines do not have the effect of law and dismissed the case.
G. Executive Session and Closed Session - At 12:35 p.m., the Board moved into executive session
to consider complaints against public officials. The Board, Board Counsel, and Board Staff attended
the executive session. At 1:00 p.m. the board met in closed session to consider
proposed stipulations and orders in several quasi-judicial maters before them.
H. Public
Comment/Board Member Comments - The public session
resumed at 1:30 p.m.
The Members announced
that they found reasonable cause to believe an ethics violation occurred in
EEB Case No. 02-038. The Board also accepted the proposed stipulations
and orders in EEB Case No. 02-014 and No. 02-060 with minor modifications.
I.
Miscellaneous Matters/Adjournment - Meeting adjourned at 1:45 p.m.