WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– Conference Room 148 – Olympia, WA

 

January 13, 2012

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 Matthew Williams at 9:00 a.m.  In attendance were Vice Chair Lisa Marsh and Member Nancy Biery. Member Linnaea Jablonski was absent. Board staff in attendance included:  Executive Director Melanie de Leon, Assistant Attorney General Bruce Turcott, Administrative Officer Ruthann Bryant, Investigator David Killeen and Extern Phillip Downes.

 

2.    Approval of Agenda

Melanie de Leon noted that the agenda had been revised to remove a discussion item and add three policies from the Washington State Patrol for review.

 

Motion 12-001 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board approves the January 13, 2012 agenda as amended.

 

The motion passed unanimously.

 

3.    Approval of the November 18, 2011 Meeting Minutes

        

Motion 12-002 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board approves the November 18, 2011 minutes as presented.

 

The motion passed unanimously.

 

B.   Enforcement Matters

Stipulation

EEB Case No. 2011-029 (Llanto)

Melanie de Leon briefed the Board on the proposed stipulation and order in the matter of Dale Llanto.  Mr. Llanto agreed that he may have violated RCW 42.52 when he used his state computer to view over 36 hours of unauthorized non-work related websites and email over a one month period. The stipulation proposes a penalty of $1,500.

The Board deferred action until after closed session.

Executive Director Dismissals

EEB Case 2011-017 (Scharnhorst), EEB Case 2011-022 (Weaver), EEB Case 2011-026 (Koehler), EEB Case 2011-027 (Gregoire), EEB Case 2011-028 (Davis) and EEB Case 2011-038 (Smith)

Melanie de Leon summarized six Executive Director dismissals.

 

C.   Policy Reviews

Melanie de Leon reported on policies submitted by Bellevue College, the Department of Enterprise Services (small agency client services), the State Board for Community and Technical Colleges and the Washington State Patrol.

Vice Chair Marsh commented that she would like Bellevue College to expand on their policy prior to approval. The Board concurred.

 

Motion 12-003 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board approves the Department of Enterprise Services’ Small Agency Client Services’ Outside Employment Policy and the State Board for Community and Technical Colleges Ethics Policy/Procedure Policy as presented.

 

The motion passed unanimously.

 

Vice Chair Marsh expressed concern with the Washington State Patrol’s Employee Conduct Policy which appears to allow the Chief to approve actions that may not be permitted under the Ethics in Public Service Act.  She requested that Board staff work with the Washington State Patrol on the policy. 

 

Motion 12-004 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board does not approve the Washington State Patrol’s Employee Conduct Policy.

 

The motion passed unanimously.

 

Vice Chair Marsh also requested that the Washington State Patrol’s policies regarding Code of Ethics – Employees and Code of Ethics – Officers, be held over until the March meeting. The Board concurred.

 

D.   Staff Reports

1.  Executive Director’s Report

Melanie de Leon provided an overview of current Legislation that either impacted the Ethics in Public Service Act or the Board itself. She briefly discussed the draft Legislative report Board staff completed in response to the budget proviso mandated by the 2011 biennial budget.

 

Extern Phillip Downes discussed how each agency’s ethics program was reviewed on the same criteria and how Board staff would use this review to help improve or maintain the agency’s program.  He walked them through each of the surveys sent to agency staff and state vendors and some of the results received.  Survey results will be provided to each agency that responded so that the Board staff can help design an ethics program that will address any concerns highlighted by the survey.  The Board was invited to review the draft in depth and provide any comments/changes to Board staff by January 27, 2012 so that the report can be published before the end of January.

 

2.  AAG Report

No AAG reports were given.

 

3.  Other Staff Reports

 

Ruthann Bryant provided an update on the issue of Respondent’s names appearing in Google searches resulting from a stipulated order on the Enforcement section of the Ethics website.  Staff will redact the name from the order and re-post it to the website after the amount of time required under record retention requirements has passed.  This project will be completed as time permits.

 

E.   Public Comment/Board Member Comment

Mr. Robert Branscomb, Manager GIA/Voluntary employee Benefits, Colonial Life & Accident addressed the Board regarding the repeal of Advisory Opinion 00-11. The Board took no action.

F.    Executive/Closed Session

At 10:40 a.m. the Board moved into Executive Session to discuss potential litigation, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 11:50 a.m. the Board returned to regular session and reported the following:

 

Motion 12-005 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board finds Reasonable Cause in EEB Case #2011-013 Brad Samples, EEB Case #2011-014 Ginger Richardson, EEB Case #2011-018 Artee Young, EEB Case #2011-020 Daniel Russ, EEB Case #2011-030 Sandra Ledbetter, EEB Case #2011-031 Mari Trotter, EEB Case #2011-033 Edwina (Smith) Pezoldt, EEB Case #2011-035 Clinton Staples and EEB Case #2011-036 Kevin McStay.

 

The motion passed unanimously.

 

Motion 12-006 Moved by Vice Chair Marsh, seconded by Member Biery:

 

The Board approves the Stipulated Facts, Conclusions and Order in EEB Case #2011-029, Dale Llanto, as presented.

 

The motion passed unanimously.

 

G.   Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:58 a.m.

 

Approved by the Board 3/16/12