WASHINGTON STATE
EXECUTIVE ETHICS BOARD
Via Zoom
January 14, 2022
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 Gerri Davis and
Member Jan Jutte. Member Earl Key was absent. Board staff in attendance
included: Executive Director Kate
Reynolds, Assistant Attorney General Leo Roinila, Assistant Attorney General
Chad Standifer, Administrative Officer Ruthann Bryant and Investigator Bobby
Frye.
2. Approval of Agenda
Motion 22-001 Moved by Member Jutte,
seconded by Vice Chair Davis:
The Board approved the January
14, 2022 agenda as presented.
The motion passed unanimously.
3. Approval of the November 12, 2021 Meeting Minutes
Motion 22-002 Moved by Vice Chair Davis,
seconded by Member Jutte:
The Board approved the November 12, 2021 minutes as presented.
The motion passed
unanimously.
B. Enforcement Matters
Motion for Summary Judgment
EEB Case 2020-039 Mike
Andrew
Administrative
Law Judge Kinn presided over oral argument on a Motion for Summary Judgment
regarding EEB Case 2020-039 Mike Andrew.
A
written order will be issued in the matter.
Stipulations
EEB Case 2021-022 (Clark)
Investigator Bobby
Frye briefed the Board on a proposed Stipulation and Order in the matter of Shari
Clarke, Vice President for Diversity, with Eastern Washington University. Ms.
Clarke agreed that she may have violated the Ethics in Public Service Act by
using state resources for personal benefit and gain. Evidence indicated that
several documents related to an outside business were found in email history as
well as documents related to an outside community organization. The stipulation
imposes a civil penalty of $3,000 with $1,000 suspended.
EEB Case 2021-025 (Bonner)
Mr. Frye also briefed
the Board on a proposed Stipulation and Order in the matter of Julie Bonner,
Faculty Member at Central Washington University. Ms. Bonner agreed that she may
have violated the Ethics in Public Service Act by requiring students to
purchase a book she authored and influenced colleagues to require the textbook
in their classes. The stipulation imposes a civil penalty of $2,000 with $500
suspended.
The Board deferred action on the enforcement matters until after
their closed session.
C. Advisory Opinion Review
Kate Reynolds reported on the continued Advisory Opinion (AO)
review project and presented a group of AOs related to Post-State Employment
topics.
Motion 22-003 Moved by Chair Battan,
seconded by Vice Chair Davis:
The Board approved updates
to the following Advisory Opinions:
·
Advisory Opinion 97-06: Assisting
in a Transaction
·
Advisory Opinion 97-07: Employment
by a Person Who Contracted with Employee’s Agency
·
Advisory Opinion 97-08: Conflicts
of Interest Regarding Post-state Employment
·
Advisory Opinion 98-02: Transaction Involving the State
·
Advisory Opinion 00-01: Stock Options and Post-state
Employment
·
Advisory Opinion 00-02: Working on Programs Funded by a Grant
the Employee Administers
·
Advisory Opinion 00-07: Post-state Employment
·
Advisory Opinion 00-13: Post-state
Employment
·
Advisory Opinion 01-01: Post-state
Employment
·
Advisory Opinion 01-06: Application of Post-employment Provisions to Former Department of Ecology
Employees who Worked on the Hanford Federal Facility Dangerous Waste Program
Permitting Process
·
Advisory Opinion 08-03: Post-state
Employment
·
Advisory Opinion 10-04: Former
Employee Assisting on State Contract
The motion passed unanimously.
D. Staff Reports
Executive
Director Kate Reynolds reported that staff is in the process of hiring a new
investigator and the Governor’s office is working on a new member. She is hopeful that both will be on board for
the March meeting. Ms. Reynolds also
reported on legislation that may have an impact on the Ethics in Public Service
Act.
No
other staff reports were given.
E. Public Comment/Board Member
Comment
No
public or Board member comments were given.
F. Closed Session
At 9:32
a.m. the Board moved into Closed Session.
At 10:35 a.m. the Board returned to regular session and reported
the following:
Motion 22-004 Moved by Member Jutte,
seconded by Vice Chair Davis:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $3,000 with $1,000 suspended in EEB Case 2021-022 Shari Clarke.
The motion passed unanimously.
Motion 22-005 Moved by Vice Chair Davis,
seconded by Member Jutte:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,000 with $500 suspended in EEB Case 2021-025 Julie Bonner.
The motion passed unanimously.
Motion 22-006 Moved by Chair Battan,
seconded by Vice Chair Davis:
The Board found Reasonable
Cause over $500 in EEB Case 2021-033 Tar-Chee Aw.
The motion passed unanimously.
Motion 22-007 Moved by Member Jutte,
seconded by Vice Chair Davis:
The Board found Reasonable
Cause over $500 in EEB Case 2021-034 Meg Cayanan.
The motion passed unanimously.
Motion 22-008 Moved by Vice Chair Davis,
seconded by Chair Battan:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-038 Tony Garcia.
The motion passed unanimously.
Motion 22-009 Moved by Chair Battan,
seconded by Vice Chair Davis:
The Board found Reasonable
Cause under $500 in EEB Case 2021-035 Mike Culley.
The motion passed unanimously.
Motion 22-010 Moved by Member Jutte,
seconded by Vice Chair Davis:
The Board found Reasonable
Cause over $500 in EEB Case 2021-045 David Jennings.
The motion passed unanimously.
Motion 22-011 Moved by Vice Chair Davis,
seconded by Member Jutte:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-046 Karma Hendrickson.
The motion passed unanimously.
Motion 22-012 Moved by Vice Chair Davis,
seconded by Chair Battan:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-047 Marjorie Morrison.
The motion passed unanimously.
Motion 22-013 Moved by Member Jutte,
seconded by Vice Chair Davis:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-051 Tracy Rebstock.
The motion passed unanimously.
Motion 22-014 Moved by Chair Battan,
seconded by Member Jutte:
The Board affirmed the
Executive Director Dismissal in EEB Case 2021-016 Keith Johnson.
The motion passed unanimously.
G. Miscellaneous Matters/Adjournment
There
were no miscellaneous matters and the meeting was adjourned at 10:45 a.m.
Approved by the Board 3/11/2022