WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 4th
Floor Conference Room – Olympia, WA
January 15, 2016
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 Anna Dudek Ross at 9:00 a.m. In attendance were Members Lisa Marsh and
John Ladenburg. Vice Chair Simmons and Member Sumeer Singla were absent. Board staff in attendance
included: Executive Director Kate
Reynolds, Assistant Attorney General Bruce Turcott, Assistant Attorney General
Chad Standifer, Investigator David Killeen and Administrative Officer Ruthann
Bryant.
Chair Dudek Ross introduced and welcomed new Member John
Ladenburg. Mr. Ladenburg provided a brief background and expressed his interest
in the work of the Board.
2. Approval of Agenda
Motion 16-001
Moved by Member Marsh, seconded by Member Ladenburg:
The Board approves the January
15, 2016 agenda as presented.
The motion passed unanimously.
3. Approval of the September 11, 2015 Meeting Minutes
Motion 16-002 Moved by Member Marsh,
seconded by Chair Dudek Ross:
The Board approves the September 11, 2015 minutes as presented.
The motion passed
unanimously.
B. Rule-Making
Kate Reynolds presented the final proposed rule amendments to WAC
292-110-010 Use of state resources and requested Board approval to file the
CR-103 and CES with the Code Reviser.
Motion 16-003 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves the
final amendments to WAC 292-110-010 Use of State Resources as drafted and
directed staff to file the CES and CR-103 with an effective date of April 1,
2016.
The motion passed unanimously.
C. Enforcement Matters
Stipulations
EEB
Case No. 2014-036 (Fluaitt)
David
Killeen briefed the Board on a proposed stipulation and order in the matter of Jacqueline
Fluaitt. Ms. Fluaitt agreed
that she may have violated RCW 42.52.160 by taking personal time away from work
without submitting the proper leave requests. The Stipulation imposes a penalty
of $5,500 with $2,250 suspended.
EEB
Case No. 2014-068 (Barrera)
Mr.
Killeen also briefed the Board on a proposed Stipulation and Order in the matter
of Patricia Barrera. Ms. Barrera agreed
that she may have violated RCW 42.52.160 when she used state resources to
promote and sell Omnitrition products. The Stipulation
imposes a penalty of $1,500 with $750 suspended.
EEB
Case No. 2015-025 (Emerson)
Mr.
Killeen briefed the Board on the proposed Stipulation and Order in the matter
of Amy Emerson. Ms. Emerson agreed that she
may have violated RCW 42.52.160 when she used state computer resources for
non-work related activities. The Stipulation imposes a penalty of $3,000 with $1,500
suspended.
Executive Director Dismissals
EEB Case No. 2014-060 (Schielf), EEB Case No. 2015-020 (Runnion),
EEB Case No. 2015-028 (Small), EEB Case No. 2015-062 (Frakes),
EEB Case No. 2015-063 (Briones) and EEB Case No. 2015-066 (Kaplan)
Kate Reynolds summarized five Executive Director Dismissals.
The Board deferred action on the enforcement matters until after
their closed session.
D. Policy Review
Kate
Reynolds reported on a Use of State Resources policy from the Washington State
Historical Society. She noted that the policy is consistent with the Ethics Act
and corresponding rule and recommended approval.
Member
Marsh requested that “employees/volunteers” be consistent throughout the policy
and noted that SCAN is no longer a term used in state service.
Chair
Dudek Ross requested that “private gain” be changed to “private financial gain”
on page 4.
Motion 16-004 Moved by Member Marsh,
seconded by Chair Dudek Ross:
The Board approves the
Washington State Historical Society’s Use of State Resources policy as amended.
The motion passed unanimously.
E. Staff Reports
Kate
Reynolds provided a budget update and reported that we hope to have our second investigator
onboard by the end of March. She also summarized Legislation that may have an
impact on the Ethics in Public Service Act.
F. Public Comment/Board Member Comment
No
public or Board member comments were expressed.
G. Executive/Closed Session
At
9:33 a.m. the Board moved into Executive Session, immediately followed by Closed
Session to deliberate on quasi-judicial matters.
At 10:45 a.m. the Board returned to regular session and reported
the following:
Motion 16-005 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves the
Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2014-036
Jacqueline Fluaitt as presented.
The motion passed unanimously.
Motion 16-006 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves the
Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2014-068
Patricia Barrera as presented.
The motion passed unanimously.
Motion 16-007 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board approves the
Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case No. 2015-025
Amy Emerson as presented.
The motion passed unanimously.
Motion 16-008 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board finds Reasonable
Cause in EEB Case No. 2014-041 Denise Stewart.
The motion passed unanimously.
Motion 16-009 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board finds Reasonable
Cause in EEB Case No. 2014-059 Steven Rodgers.
The motion passed unanimously.
Motion 16-010 Moved by Member Marsh, seconded
by Member Ladenburg:
The Board finds Reasonable
Cause in EEB Case No. 2014-078 Barry Moore.
The motion passed unanimously.
Motion 16-011 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board dismisses EEB
Case No. 2014-096 and 2014-097 Victoria Walker and William Peters.
The motion passed unanimously.
Motion 16-012 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board dismisses the
following:
EEB Case No. 2015-064
Brian Bonlender
EEB Case No. 2015-067
Melanie Anderson
EEB Case No. 2015-069 Rick
Locke
EEB Case No. 2015-071 Tony
Usibelli
The motion passed unanimously.
Motion 16-013 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board dismisses EEB
Case No. 2015-065 Daniel Malarkey.
The motion passed unanimously.
Motion 16-014 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board dismisses EEB
Case No. 2015-068 Michael Carr.
The motion passed unanimously.
Motion 16-015 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board dismisses EEB
Case No. 2015-070 Rogers Weed.
The motion passed unanimously.
Motion 16-016 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board issues an Order
of Default in EEB Case No. 2014-080 Nora Dudley.
The motion passed unanimously.
H. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 10:49 a.m.
Approved by the Board 3/18/16