WASHINGTON STATE

EXECUTIVE ETHICS BOARD

2425 Bristol Court SW – 1^st Floor Conference Room 148 – Olympia, WA

January 13, 2006

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 Chair Trish Akana at 9:00 a.m. Also present were Vice Chair Evelyn Yenson, and Members Judy Golberg and Neil Gorrell. Member Paul Zellinsky was present via telephone. Board staff in attendance included: Executive Director Susan Harris, Senior Assistant Attorney General Linda Moran, Administrative Officer Ruthann Bryant and Investigators Sue Jones and Nancy Lewin.

2. Approval of Agenda

Chair Akana noted that the Executive/Closed session has been moved up to Item C.

Motion 06-017 Moved by Member Golberg, seconded by Member Gorrell:

The Board approves the January 13, 2006 agenda.

The motion passed unanimously.

3. Approval of November 18, 2005 Minutes

Motion 06-018 Moved by Member Golberg, seconded by Member Gorrell:

The Board approves the November 18, 2005 minutes as written.

The motion passed unanimously.

B. Proposed Stipulation and Orders

1. EEB Case No. 03-054 (Walthall)

Ms. Jones briefed the Board on the proposed stipulation and order. Mr. Walthall agreed that he violated RCW 42.52.160 when he used his state computer and printer for personal interests. The Board’s deliberation on the proposal was deferred until closed session.

2. EEB Case No. 04-044 (Millbauer)

Ms. Lewin briefed the Board on the proposed stipulation and order. Mr. Millbauer agreed that he violated RCW 42.52.160 when he brought personal vehicles into the Green River Community College Auto Body Shop for repair. Mr. Millbauer also purchased $977 worth of parts for those vehicles. The cost of the parts was later reimbursed to the college. The Board’s deliberation on the proposal was deferred until closed session.

C. Executive or Closed Session

At 9:20 a.m. the Board moved into Closed Session to deliberate and to receive and evaluate complaints against state employees and officers. At 10:30 a.m. the Board came back into regular session.

D. Policy Reviews

Ms. Harris introduced Jean Wheat from the Office of Minority & Women’s Business Enterprises and provided a draft policy regarding Internet Usage, Computer Software Usage and Electronic E-Mail Usage. She noted that the policy complies with the Ethics in Public Service Act and is consistent with past policies approved by the Board.

Chair Akana commended OMWBE for creating the policy.

Motion 06-019 Moved by Member Gorrell, seconded by Member Golberg:

The Board approves the Office of Minority & Women’s Business Enterprises policy on Internet Usage, Computer Software Usage and Electronic E-Mail Usage as presented.

The motion passed unanimously.

E. Advice

Personal use of Agency owned software

Ms. Harris presented a draft new FAQ clarifying that personal use of agency owned software may be used for personal reasons so long as the use is de minimis and not used for outside business reasons or to assist either a campaign for public office or a ballot issue.

F. Staff Reports

1. Executive Director’s Report

a) Legislative update

Ms. Harris discussed whether or not a statewide elected official could (a) use state resources to host a national conference; and (b) does the gift prohibition apply if the official solicits contributions to help fund the event. She noted that current legislation, HB 2819 and SB 6245, addresses this issue and she discussed the impact the bill has on the Ethics law. Ms. Harris also summarized her testimony at legislative hearings in the House and Senate over the past few days.

b) COGEL Report

Ms. Harris reported the Council on Governmental Ethics Conference she attended in Boston, MA in December. Board members Golberg and Yenson also summarized their experience at the conference.

2. Other Staff Reports

No other staff reports were given.

G. Public Comment/Board Member Comments

Harvey Gertson from the Department of Transportation expressed his appreciation to the Board for allowing public interaction.

Chair Akana presented Investigators Sue Jones and Nancy Lewin autographed photos with Attorney General Rob McKenna at the presentation of their investigator credentials.

H. Discussion of Performance Development Plan of Executive Director

The Board discussed having Members Golberg and Yenson serve on an Ad hoc committee to draft the Executive Director’s Performance Development Plan for presentation at the February meeting.

I. Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 12:30 p.m.

Approved by the Board 02/10/06