The regular meeting of the Washington State Executive Ethics Board
(EEB) was called to order by Chair Evelyn Yenson at In attendance were Vice Chair Judy
Golberg and Members Trish Akana, NeilGorrell and KyleUsrey. Board staff in attendance
included:Executive Director SusanHarris, SeniorAssistant Attorney GeneralNancyKrier, Administrative Officer Ruthann Bryant
and Investigators Sue Jones and NancyLewin.
2.Approval of Agenda
Motion 07-034 Moved by Member Gorrell, seconded by
The Board approves the February 9, 2007
agenda as presented.
The motion passed unanimously.
3.Approval of January 12, 2007
Golberg requested clarification on which member seconded Motion 07-032. Chair Yenson noted that a discussion regarding the new website
included reviewing other agency websites providing content in other languages
such as Spanish. She requested that that discussion be reflected in the minutes
under Staff Reports. Chair Yenson also noted that the
next to last paragraph on page 2 under Enforcement Matters should be more
Motion 07-035 Moved by Vice Chair Golberg, seconded by
The Board approves the January 12, 2007
minutes as amended.
motion passed unanimously.
Attorney General MikeTribble
B. Advisory Opinion Request
– continuation of discussion
SusanHarris introduced Assistant Attorney General ElizabethBrown and Washington Federation of State
Employees Attorney Anita Hunter. Ms.Harris updated the Board on a request for an
advisory opinion on whether Washington State Patrol (WSP) employees can use
facilities of the WSP Fire Training Academy (FTA) in North Bend to stay overnight and avoid a long
commute home. Ms.Harris noted that this item was discussed at
three previous meetings and further information was requested.
Staff met with representatives of the FTA (WSP), the Labor
Relations Office, the Washington Federation of State Employees, as well as
Assistant Attorneys General. Senior Counsel NancyKrier provided legislative history of RCW
43.18.010, which was passed in 1985.
Ms.Harris added that an advisory opinion has been
drafted however, on February 1, 2007, staff received an email from Ms.Brown stating that the parties to the request
for the written opinion have entered into an agreement that entails withdrawal
of the request. Ms.Hunter added that as of February
employees are no longer staying overnight at the facility.
Motion 07-036 Moved by Member Gorrell, seconded by Vice
The Board accepts the withdrawal as
requested. The draft opinion is not to be utilized in any way unless the Board
or another agency wishes to bring a similar request.
The motion passed unanimously.
SusanHarris summarized legislation that may have an
impact on RCW 42.52. She noted that SB 5420 requires certain information to be
posted to agency websites and added that most of the requirements contained in
the bill are currently in practice. NancyKrier noted that the bill requires minutes to
be posted on agency websites within 5 days of action but does not clarify
whether or not drafts have to be posted or if it means the minutes must be
posted following approval. She added that many boards and commissions have
expressed concern with posting draft minutes and clarification is pending.
D.Informal Attorney General Opinion
Ms.Harris updated the Board on a request for an
advisory opinion on whether Parks employees can solicit gifts for the agency.
She noted that although Parks has the statutory authority to receive gifts from
private sources as well as the authority to enter into sponsorships with
outside organizations, it is not clear if they can solicit for those gifts or
how it affects a “section 4” employee and the solicitation of vendors.
At the July 13, 2006 meeting the Board decided to table the
matter while Parks requested an Attorney General Opinion. Ms.Harris provided the Board with a copy of an
Informal Opinion that was in response to this request and noted that she has
been working with Parks and expects them to withdraw the request at a future
1.Executive Director’s Report
SusanHarris summarized the biennial budget and
discussed training conducted, including the Train-the-Trainer program. She also
noted that MikeBigelow would like to meet with board members at
the March 9th meeting to conduct an interim review for her
Performance Development Plan.
2.Other Staff Reports
RuthannBryant briefly discussed progress on the new
website adding that the new site will be published to the Internet the week of February
F.Public Comment/Board Member Comments
No public or Board Member comments were expressed.
G.Executive or Closed Session
At the Board moved into Closed Session to discuss potential
litigation, deliberate and to receive and evaluate complaints against state
employees and officers. The Board returned to open session
requested that staff write a letter to RobertLeichner, Executive Secretary of the Horse Racing
Commission regarding EEB Case #07-004, ThelmaLynn, expressing that Advisory Opinion 97-03
governs this situation. Although the Board believes that a conflict existed
when Ms.Lynn worked for a daycare center whose board
of directors were people she regulated in her official capacity as a racing
steward, they agreed not to initiate a complaint. They based this decision on
the fact that Ms.Lynn sought advice, which was incorrect when
given, and she resigned from the daycare.