2425 Bristol Court SW– 1st Floor Conference Room 148 – Olympia, WA


February 8, 2008

Regular Meeting Minutes



A.   Preliminary Business

1.    Roll Call

The regular meeting of the Washington State Executive Ethics Board (EEB) was called to order by Chair Judy Golberg at 9:00 a.m. In attendance were Vice Chair Neil Gorrell and Members Evelyn Yenson and Linnaea Jablonski. Board staff in attendance included:  Executive Director Melanie de Leon, Senior Assistant Attorney General Linda Moran, Assistant Attorney General Ted Miller, Administrative Officer Ruthann Bryant and Investigator Nancy Lewin. 


2.    Approval of Agenda


Motion 08-005 Moved by Vice Chair Gorrell, seconded by Member Jablonski:


The Board approves the February 8, 2008 agenda as presented.


The motion passed unanimously.


3.    Approval of January 11, 2008 Meeting Minutes

         Member Yenson suggested adding more information in the Assistant Attorney General Staff Report section when referencing a case.


Motion 08-006 Moved by Member Yenson, seconded by Member Jablonski:


The Board approves the January 11, 2008 minutes as amended.


The motion passed unanimously.


B.   Legislation

Melanie de Leon briefly summarized legislation that may have an impact on RCW 42.52., including HB 2915 and SB 6293 which request to remove the requirement that the Board allow a respondent an ALJ if the penalty is more than $500. She noted that she testified at two hearings and met with Senator Roach regarding the bill.


Vice Chair Gorrell thanked Ms. de Leon for her efforts and legislative tracking.


C.   Approval of Stipulated Facts, Conclusion and Order

            EEB Case No. 08-025 (Gael Tarleton)

Melanie de Leon briefed the Board on the proposed stipulation and order. Ms. Tarleton agreed that she violated RCW 42.52.160 when she used state resources for campaign related purposes. The parties agreed that Ms. Tarleton would pay a $2,000 penalty. The Board’s deliberation on the proposal was deferred until closed session.


E.  Staff Reports

1.  Executive Director’s Report

Melanie de Leon summarized her activity report for January. She also provided a trend analysis and breakdown of complaints by agency, year and section of law. She added that this information would be used when developing specialized training to agencies.


She also reported that the Office of the Attorney General has asked whether Advisory Opinion 08-01, Authorizing Wellness Organizations to Sell Products, applies to speakers who speak or perform for diversity celebrations. For example, a well known blues band that usually charges a large performance fee agreed to perform for free but asked to be able to sell their CDs at the performance. Could a staffed table be set up in the entry area where folks could choose to stop by or not to purchase a book or CD from a diversity speaker?


            Motion 08-007 Moved by Vice Chair Gorrell, seconded by Member Jablonski:


Based on the facts presented, the Board concludes that Advisory Opinion 08-01, Authorizing Wellness Organizations to Sell Products, applies to the sale of books/CD by a diversity speaker in lieu of payment.


The motion passed unanimously.


The Board directed staff to continue researching the issue with other state agency and higher education facilities throughout the state.


Ms. de Leon also provided a quarterly update to the work plan highlighting plans for educating stakeholders, training modules and case timelines.



2.  AAG Report

Senior Assistant Attorney General Linda Moran reported on training she conducted for the executive management team at the Department of Health.

Assistant Attorney General Ted Miller reported that Ms. Evans’ request for review of the Board’s decision regarding jurisdiction is expected to be dismissed without argument.


3.  Other Staff Reports

Ruthann Bryant reported that the laptops are expected to be provided to the members at the March meeting and future meeting materials will be provided on CD instead of paper.


F.  Public Comment/Board Member Comments

      Chair Golberg noted that she would be out of the country for the remainder of February and Vice Chair Gorrell will be handling board business in her absence.


G.  Executive or Closed Session

      At 10:20 a.m. the Board moved into Closed Session to discuss potential litigation, deliberate and to receive and evaluate complaints against state employees and officers. 


      At 10:33 a.m. the Board returned to regular session and announced it had accepted the stipulation in the Tarleton matter.


H.   Miscellaneous Matters/Adjournment

      There being no miscellaneous matters, the meeting was adjourned at 10:34 a.m.


Approved by the Board 3/14/08