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