WASHINGTON STATE
EXECUTIVE ETHICS BOARD
Via Zoom
January 13, 2023
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 9:02 a.m. In attendance were Vice Chair Jan Jutte and Member
Kelli Hooke. Members Davis and Key were absent. Board staff in attendance
included: Executive Director Kate
Reynolds, Assistant Attorney General Leo Roinila, Assistant Attorney General
Julia Eisentrout, Administrative Officer Ruthann Bryant and Investigators Bobby
Frye and Justin Cotte.
2. Approval of Agenda
Motion 23-001 Moved by Vice Chair Jutte,
seconded by Chair Battan:
The Board approved the January
13, 2023 agenda as presented.
The motion passed unanimously.
3. Approval of the September 9, 2022 Meeting Minutes
Motion 23-002 Moved by Vice Chair Jutte,
seconded by Member Hooke:
The Board approved the September 9, 2022 minutes as presented.
The motion passed
unanimously.
B. Enforcement Matters
Motions for Summary Judgment
EEB Case 2021-050 Linda Bang
Administrative
Law Judge Martin presided over oral argument on opposing Motions for Summary
Judgment regarding EEB Case 2021-050 Linda Bang.
A
written order will be issued in the matter.
Stipulations
EEB
Case 2022-011 (Ice)
Investigator Justin Cotte briefed the Board
on a proposed Stipulation and Order in the matter of Samantha Ice, Health
Services Consultant 2 at the Department of Health, agreed that they may have
violated the Ethics in Public Service Act by using state resources for personal
benefit and gain. Evidence indicated that they used a state computer to store
personal documents and photographs, used their state email for private benefit
and browsed the internet for personal use. The Stipulation imposes a civil
penalty of $3,750 with $1,250 suspended.
EEB Case 2022-016 (Eneix)
Investigator Bobby
Frye briefed the Board on a proposed Stipulation and Order in the matter of Steven
Eneix, former Security Guard 2 with the Department of Social and Health
Services, agreed that they may have violated the Ethics in Public Service Act
by using state resources for private benefit or gain and accessing confidential
information for non-work related purposes. The Stipulation imposes a civil
penalty of $3,500.
Executive Director
Dismissals
Kate Reynolds
summarized four Executive Director Dismissals: EEB Case 2022-020 (White), EEB
Case 2022-022 (Klucking), EEB Case 2022-025 (Atkins) and EEB Case 2022-041
(Comstock).
The Board deferred action on the enforcement matters until after
their closed session.
C. Discussion regarding use of state resources when applying for
state jobs
Executive Director Kate Reynolds began
discussion on the use of state resources when applying for state jobs as
outlined in WAC 292-110-010(2)(a)(v). She added that the purpose of the
discussion was a result of a recent case where a state employee used an
excessive amount of time to apply for jobs both within the state system and
with outside entities.
The Board directed staff to add guidance to
Advisory Opinion (AO) 02-02A Use of state resources questions and answers, and
bring the AO to a future meeting for review and approval.
D. Policy Reviews
Administrative Officer Ruthann Bryant presented
the Department of Children, Youth & Families Employment of relatives or
Household Members and Personal Relationships Policy and Acceptable Use of
Information Technology Resources and the Internet policy. Staff recommended
approval of both policies
Motion 23-003 Moved by Chair Battan,
seconded by Vice Chair Jutte:
The Board
approved the Department of Children, Youth & Families Employment of
Relatives or Household Members and Personal Relationships policy and Acceptable
Use of Information Technology Resources and the Internet policy, as presented.
The motion passed
unanimously.
Ms. Bryant also reported on the Health Care
Authority’s Ethics: Use of State Resources; Employee Recognition policy. She noted that policy includes examples of
organizational effectiveness. Staff recommended approval.
Motion 23-004 Moved by Vice Chair Jutte,
seconded by Member Hooke:
The Board
approved the Health Care Authority’s Ethics: Use of State Resources; Employee
Recognition policy, as presented.
The motion passed
unanimously.
Ms. Bryant presented the Liquor and Cannabis
Board’s Ethical Conduct and Outside Employment policy. She noted that this
policy was previously approved in 2016. Staff recommended approval.
Motion 23-005 Moved by Chair Battan,
seconded by Vice Chair Jutte:
The Board
approved the Liquor and Cannabis Board’s Ethical Conduct and Outside Employment
policy, as presented.
The motion passed
unanimously.
Ms. Bryant also presented the Office of
Financial Management’s Ethics policy. She noted that this policy reiterates
eight of the substantive sections of the Ethics in Public Service Act and
provides employees with agency specific information and expectations. Staff
recommended approval.
Motion 23-006 Moved by Vice Chair Jutte,
seconded by Member Hooke:
The Board
approved the Office of Financial Management’s Ethics policy, as presented.
The motion passed
unanimously.
Ms. Bryant also presented the Office of
Superintendent of Public Instruction’s Technology Acceptable Use policy. Staff recommended
approval.
Motion 23-007 Moved by Member Hooke,
seconded by Vice Chair Jutte:
The Board
approved the Office of Superintendent of Public Instruction’s Technology
Acceptable Use policy, as presented.
The motion passed
unanimously.
Ms. Bryant presented Renton Technical College’s
Ethics policy. She noted that the policy includes information on
faculty-authored textbooks, political campaigning and off-duty activities.
Staff recommended approval.
Motion 23-008 Moved by Vice Chair Jutte,
seconded by Member Hooke:
The Board
approved Renton Technical College’s Ethics policy, as presented.
The motion passed
unanimously.
Kate Reynolds reported on SB 5854 that passed
last legislative session which made changes to use of state resources for higher
education only. She noted that the
changes include a statement that the policies should be filed with the Board
and to date, three universities and colleges have sent in a copy of their
policy. These are for informational
purposes only and do not go through a Board approval process.
E. Strategic Plan Update and Discussion
Executive
Director Kate Reynolds provided an update on the Board’s strategic plan. Staff
will begin discussion on goals and bring them before the Board at a future
meeting.
F. Staff Reports
Executive
Director Kate Reynolds reported on a series of trainings specifically for
agency ethics advisors. They will cover one topic per month beginning in
February and will continue monthly until all topics are covered.
No
other staff reports were given.
G. Public Comment/Board Member
Comment
Steven
Dotson of the Health Care Authority thanked staff for their assistance with the
policy approval process and technical advice.
Liana
Dupont Smith, with the Department of Children, Youth and Families also thanked
staff for all of their assistance with policies as well as their responsiveness
to day-to-day questions.
H. Closed Session
At 10:05
a.m. the Board moved into Closed Session.
At 12:20 p.m. the Board returned to regular session and reported
the following:
Motion 23-009 Moved by Vice Chair Jutte,
seconded by Member Hooke:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $3,750 in EEB Case 2022-001 Samantha Ice.
The motion passed unanimously.
Motion 23-010 Moved by Member Hooke,
seconded by Vice Chair Jutte:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $3,500 in EEB Case 2022-016 Steven Eneix.
The motion passed unanimously.
Motion 23-011 Moved by Chair Battan,
seconded by Vice Chair Jutte:
The Board found Reasonable
Cause over $500 in EEB Case 2022-018 Renee Eier.
The motion passed unanimously.
Motion 23-012 Moved by Chair Battan,
seconded by Member Hooke:
The Board found Reasonable
Cause over $500 in EEB Case 2022-019 Reyes De La Cruz.
The motion passed unanimously.
Motion 23-013 Moved by Vice Chair Jutte,
seconded by Member Hooke:
The Board found Reasonable
Cause less than $500 in EEB Case 2022-021 Katie Egbert.
The motion passed unanimously.
Motion 23-014 Moved by Member Hooke,
seconded by Chair Battan:
The Board found Reasonable
Cause over $500 in EEB Case 2022-023 Curt Wilson.
The motion passed unanimously.
Motion 23-015 Moved by Chair Battan,
seconded by Vice Chair Jutte:
The Board determined that the
any violation that may have occurred does not constitute a material violation
because it was inadvertent and minor and dismisses EEB Case 2022-024 Detrek Jones.
The motion passed unanimously.
Motion 23-016 Moved by Vice Chair Jutte,
seconded by Chair Battan:
The Board found Reasonable
Cause over $500 in EEB Case 2022-026 Vel Rajagopal.
The motion passed unanimously.
Motion 23-017 Moved by Member Hooke,
seconded by Vice Chair Jutte:
The Board found Reasonable
Cause over $500 in EEB Case 2022-027 Rimi Afroze.
The motion passed unanimously.
Motion 23-018 Moved by Vice Chair Jutte,
seconded by Chair Battan:
The Board found Reasonable
Cause less than $500 in EEB Case 2022-028 David Window.
The motion passed unanimously.
Motion 23-019 Moved by Member Hooke,
seconded by Vice Chair Jutte:
The Board found Reasonable
Cause over $500 in EEB Case 2022-029 Terry Scott.
The motion passed unanimously.
Motion 23-020 Moved by Chair Battan,
seconded by Member Hooke:
The Board found Reasonable
Cause over $500 in EEB Case 2022-030 David Brewer.
The motion passed unanimously.
Motion 23-021 Moved by Vice Chair Jutte,
seconded by Chair Battan:
The Board found Reasonable
Cause over $500 in EEB Case 2022-031 Michelle Blake.
The motion passed unanimously.
Motion 23-022 Moved by Chair Battan,
seconded by Member Hooke:
The Board found Reasonable
Cause over $500 in EEB Case 2022-033 Celestia Higano.
The motion passed unanimously.
Motion 23-023 Moved by Member Hooke,
seconded by Vice Chair Jutte:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2022-034 Freddy Mwawa.
The motion passed unanimously.
Motion 23-024 Moved by Vice Chair Jutte,
seconded by Member Hooke:
The Board found Reasonable
Cause over $500 in EEB Case 2022-035 Kayla Slaybaugh.
The motion passed unanimously.
Motion 23-025 Moved by Vice Chair Jutte,
seconded by Chair Battan:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2022-036 Michael Porter.
The motion passed unanimously.
Motion 23-026 Moved by Chair Battan,
seconded by Vice Chair Jutte:
The Board issued a Final Order
of Default imposing a civil penalty of $2,250 in EEB Case 2022-001 Nathan Ank.
The motion passed unanimously.
I. Miscellaneous Matters/Adjournment
There
were no miscellaneous matters and the meeting was adjourned at 12:32 p.m.
Approved by the Board 3/10/2023