WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 4th
Floor Conference Room – Olympia, WA
January 17, 2018
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 John Ladenburg at 9:07 a.m. In attendance were Vice Chair Shirley Battan
and Member Anna Dudek Ross. Members Lisa Marsh and Gerri Davis were absent. Board
staff in attendance included: Executive
Director Kate Reynolds, Sr. Assistant Attorney General Bruce Turcott, Assistant
Attorney General Chad Standifer, Investigators David Killeen and Dan Davis and
Administrative Officer Ruthann Bryant.
2. Approval of Agenda
Chair
Ladenburg suggested removing the Retreat session and moving it to a meeting
when all members are present. The Board concurred.
Motion 18-001 Moved by Vice Chair Battan,
seconded by Member Dudek Ross:
The Board approves the January
17, 2018 agenda as amended.
The motion passed unanimously.
3. Approval of the November 17, 2017 Meeting Minutes
Motion 18-002 Moved by Vice Chair Battan,
seconded by Member Dudek Ross:
The Board approves the November 17, 2017 minutes as presented.
The motion passed
unanimously.
B. Rule-Making
WAC 292-110
Agency Substantive Rules
Kate Reynolds again discussed proposed rule amendments to WAC
292-110 Agency Substantive Rules. She noted that she made the change requested
by Member Marsh at the November meeting concerning “designee”. Ms. Reynolds
also noted that after reviewing a comment from one of our stakeholders, the
requirement for pre-approved contracts to be filed with the Board was also
removed from the rule.
Motion 18-003 Moved by Vice Chair Battan,
seconded by Member Dudek Ross:
The Board approves the
filing of the supplemental CR-102 on WAC 292-110 Agency Substantive Rules.
The motion passed unanimously.
WAC
292-120-035 Safe Harbor Provision
Kate Reynolds also briefly discussed an expedited change to WAC
292-120-035 Safe harbor provision to correct a typo within the rule.
Motion 18-004 Moved by Vice Chair Battan,
seconded by Chair Ladenburg:
The Board approves the
filing of the CR-105 on WAC 292-120-035 Safe harbor provision.
The motion passed unanimously.
C. Enforcement Matters
Stipulations
EEB Case No. 2016-043
(Bauman)
Investigator
Dan Davis briefed the Board on a proposed stipulation and order in the matter
of Daniel Bauman. Mr. Bauman agreed that
he may have violated the Ethics in Public Service Act when he had an
inappropriate relationship with a client on his assigned caseload. The
Stipulation imposes a penalty of $5,000.
EEB Case No. 2016-058
(Rodgers)
Senior
Investigator David Killeen briefed the Board on a proposed stipulation and
order in the matter of Forrest Rodgers. As
the former Executive Director for the Eastern Washington State Historical
Society, Northwest Museum of Arts and Culture (MAC), Mr. Rodgers may have
violated several chapters of the Ethics in Public Service Act in actions that
he made regarding the MAC and the MAC Foundation, a non-profit organization. He
also used his position to secure a performance-based bonus for himself. The Stipulation
imposes a penalty of $30,000.
EEB Case No. 2016-068
(Faust)
Mr.
Killeen briefed the Board on a proposed stipulation and order in the matter of Greg
Faust. Mr. Faust agreed that he may have
violated the Ethics in Public Service Act by allowing his wife to use a ferry
pass when she no longer had the privilege to do so and when he took time off to
attend a golf tournament without submitting the proper leave and allowing his
subordinates to do the same. The Stipulation imposes a penalty of $6,000 with $2,000
suspended.
EEB Case No. 2017-009
(Eggers)
Mr. Davis
reported on a proposed stipulation and order in the matter of Jeremy Eggers.
Mr. Eggers may have violated the Ethics in Public Service Act when he scheduled
Bellevue College gym rentals for his private interest groups and received a
special privilege in regards to these personal outside business interests. The
Stipulation imposes a penalty of $750.
EEB Case No. 2017-054
(Jackson)
Mr.
Killeen briefed the Board on a proposed stipulation and order in the matter of
William Jackson. Mr. Jackson agreed that
he may have violated the Ethics in Public Service Act when he used state
resources to promote his private outside business. The Stipulation imposes a
penalty of $2,500.
EEB Case No. 2017-057
(Nairn)
Mr.
Davis reported on a proposed stipulation and order in the matter of Timothy
Nairn. Mr. Nairn may have violated the Ethics in Public Service Act when he used
state resources for his private benefit and gain. The Stipulation imposes a
penalty of $2,500 with $1,250 suspended.
Executive Director
Dismissals
EEB Case No. 2017-051
(White), EEB Case No. 2017-055 (Johnston), EEB Case No. 2017-061 (Brownstein), and
EEB Case No. 2017-063 (Beierle).
Kate Reynolds summarized four Executive Director Dismissals.
The Board deferred action on the enforcement matters until after
their closed session.
D. Advisory Opinion Review
Kate
Reynolds continued with the final Advisory Opinion (AO) in the review project
and presented changes made to AO 10-02 Wearing Uniform at Charitable Events. She
reported that the language had been drafted in a manner that fits within WAC
292-110-010 Use of State Resources.
The
request was tabled until all members could have an opportunity to discuss the
matter.
Ms.
Reynolds also reported on AO 02-05 Use of State Facilities to Gamble and
presented amendments to the update the opinion.
Motion 18-005 Moved by Vice Chair Battan,
seconded by Chair Ladenburg:
The Board approves AO 02-05
Use of State Facilities to Gamble as amended.
The motion passed unanimously.
E. Policy Reviews
Ruthann Bryant presented a Use of Internet, Intranet and Email
Policy submitted by the Public Disclosure Commission.
Motion 18-006: Moved by Vice Chair Battan, seconded
by Member Dudek Ross:
The Board approves the Public
Disclosure Commission’s Use of the Internet, Intranet and Email policy as
presented.
The motion passed unanimously.
Ruthann Bryant also presented the Department of Veterans Affairs
Raffle Policy and Use of State Resources Policy.
Member Dudek Ross requested that the Raffle Policy include a cite
to the statute in paragraph I to provide staff with an easy reference if
necessary.
Motion 18-007: Moved by Vice Chair Battan,
seconded by Member Dudek Ross:
The Board approves the
Department of Veterans Affairs Raffle Policy as amended and approves the Use of
State Resources Policy as presented.
The motion passed unanimously.
F. Staff Reports
Kate
Reynolds reported on Legislation that may have an impact on the Ethics in
Public Service Act. She also noted that
Investigator Dan Davis will be leaving to take a position with Pierce County at
the end of January. She expressed her appreciation to Dan for the work he has
done with the Board.
Chad
Standifer provided an update on cases currently scheduled for hearings before
the Board.
Ruthann
Bryant and David Killeen thanked Dan and added that he will be missed.
Bruce
Turcott also expressed his thanks to Dan and reported that he and Kate would be
attending a hearing in King County regarding a public records case.
Public Comment/Board Member
Comment
Members
of the Board and the public also thanked Dan.
G. Executive/Closed Session
At 9:46
a.m. the Board moved into Executive Session, immediately followed by Closed
Session to deliberate on quasi-judicial matters.
At 10:06 a.m. the Board returned to regular session and reported
the following:
Motion 18-008 Moved by Vice Chair Battan,
seconded by Member Dudek Ross:
The Board approves the following
Stipulated Facts, Conclusions of Law and Agreed Orders as presented:
·
EEB Case 2016-043 Daniel
Bauman
·
EEB Case 2016-058 Forrest
Rodgers
·
EEB Case 2016-068 Greg Faust
·
EEB Case 2017-009 Jeremy
Eggers
·
EEB Case 2017-054 William
Jackson
·
EEB Case 2017-057 Timothy
Nairn
The motion passed unanimously.
Motion 18-009 Moved by Chair Ladenburg,
seconded by Vice Chair Battan:
The Board dismisses the
following cases:
·
EEB Case 2017-029 Diane Lutz
·
EEB Case 2017-030 Grace
Kiboneka
·
EEB Case 2017-031 Sue Langen
·
EEB Case 2017-032 Wendy
Amyakar
·
EEB Case 2017-033 Dan Murphy
·
EEB Case 2017-034 Christine
Swedberg
·
EEB Case 2017-035 Gary
Hilberg
·
EEB Case 2017-036 Deborah
Cherry (Gilman)
·
EEB Case 2017-037 Barbara
Follett
·
EEB Case 2017-038 April
Karreci
·
EEB Case 2017-039 Paul Mena
·
EEB Case 2017-040 Tithia Sum
·
EEB Case 2017-041 Larraine
Vargo
·
EEB Case 2017-042 Glenda
Calderson
·
EEB Case 2017-043 Thanh Ngo
The motion passed unanimously.
Motion 18-010 Moved by Chair Ladenburg,
seconded by Member Dudek Ross:
The Board finds Reasonable
Cause Over $500 in EEB Case 2017-062 Ernie Sims.
The motion passed unanimously.
Motion 17-058 Moved by Vice Chair Battan,
seconded by Member Dudek Ross:
The Board issues Final Orders
of Default in the following cases:
·
EEB Case 2016-037 Kaitlin
Torres
·
EEB Case 2017-022 Stephen
Goodman
The motion passed unanimously.
H. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 10:10 a.m.
Approved by the Board 5/11/18