WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 1st
Floor Conference Room 148 – Olympia, WA
February 13, 2009
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 Neil Gorrell at 9:00 a.m. In attendance were Vice Chair Linnaea
Jablonski, Members Golberg, Connelly and Biegelman. Board staff in attendance included: Executive Director Melanie de Leon, Senior Counsel
Jerry Anderson, Assistant Attorney General Mickey Newberry, Administrative
Officer Ruthann Bryant, and Investigators Nancy Lewin and Sue Jones.
2. Approval of Agenda
Motion 09-007 Moved by Member Golberg,
seconded by Vice Chair Jablonski:
The Board approves the February
13, 2009 agenda as presented.
The motion passed unanimously.
3. Approval of the January 9, 2009 Meeting Minutes
Motion 09-008 Moved by Vice Chair
Jablonski, seconded by Member Biegelman:
The Board approves the January 9, 2009 minutes as presented.
The motion passed unanimously.
B. Rule Making – Draft amendments to WAC 292-110-010 Use of state resources
Chair
Gorrell noted that he and Vice Chair Jablonski drafted the current amendments
as a result of discussions and concerns raised at the November 14, 2008
meeting.
Member
Connelly discussed several changes including removing editorial comments,
incorporating a list of permitted uses and suggested combining subsections 2
and 3 to help clarify the rule.
Attorney
Anita Hunter expressed concern regarding the language “any use cannot
reasonably be handled during non-work hours” since flextime employees may not
have the same opportunities as another employee to make personal telephone
calls.
Vince
Oliveri, Professional and Technical Engineers Union Local 17, commented that
using the phone during a break is allowed and added that the purpose of the
rule is to eliminate misuse. He expressed concern that by adding specific
language such as “during reasonable work hours” may be interpreted as not
allowing employees to carry out labor contract duties.
Following
discussion, the Board directed staff to incorporate Member Connelly’s
amendments and bring both versions to the March 13th meeting for
review.
C. Discussion Items
Ms.
de Leon briefly summarized a request by a Department of Revenue Administrative
Law Judge (ALJ) asking if he may make a determination regarding the tax
liability of Acme Co., where the ALJ holds shares in Beta Co., and Beta Co. has
a financial and voting interest in Theta Co. which owns Acme Co.?
She
noted that the issue was discussed at the January meeting and the Board
requested further information regarding the amount of stock owned and clarification
on a transaction involving the state. She reported that the amount of shares
owned by the ALJ is $12,000 of a company worth $9.786 billion in 2007.
The
Board concluded that there is not a financial interest or conflict of interest
in this situation.
D. Enforcement Matters
Approval of Stipulated Facts,
Conclusion and Order
EEB Case No. 07-026 (Madison)
Nancy Lewin briefed the Board on the proposed stipulation and
order. Dr. Madison agreed that he violated RCW 42.52.160, when he used his work
computer to access and view non-work related material. The parties agreed that Dr.
Madison would pay a civil penalty of $750 with $250 suspended.
EEB Case 07-041 (Balch)
and EEB Case 07-053 (Singleton)
Phil Stutzman, Director of Compliance for the Public Disclosure
Commission, briefed the Board on the proposed stipulations and orders. Ms.
Balch and Mr. Singleton agreed that they violated RCW 42.52.010 when they used
documents for teaching a class that were copied from internal litigation files
maintained at the Attorney General’s Office regarding a 1992 Superior Court
case. The parties agreed that Ms. Balch and Mr. Singleton would each pay a
civil penalty of $250.
The Board deferred action until after closed session.
E. Legislation
Melanie
de Leon reported on Legislation that may have an impact on the Ethics in Public
Service Act. She added that she
testified at two hearings in the House.
Member
Connelly requested Legislative updates on the taping of executive sessions and
the impact of the Sunshine Committee’s recommendation on attorney/client
privilege and work product exemptions.
F. Advisory Opinion Update
Nancy
Lewin discussed Board Advisory Opinions (AO) that relate to conflicts of
interest for board and commission members and encompassed the following AOs,
with the described outcomes:
AO
96-09 RCW 42.52 – Boards and Commission – Disclosure Requirements – Voting Abstention
Requirements --- Retire
AO
96-09A Supplemental to AO 96-09 – Separate
“Model Rules” into a new WAC and retire the AO
AO
97-11 Financial Interests/Board Membership -- Include the statements
regarding divestitures into the model rules, then
retire AO
AO
98-08 Conflict of Interest/Board Membership -- Expand applicable group
to include all Boards and Commissions and draft new language regarding
potential future business
AO
99-07 Conflict of Interest/Board Membership -- Review for any updates
AO
03-05 Holding an Interest Beneficial or Otherwise in a Person Regulated by a
Citizen Body Whose Members may be Selected from Identified Groups or Interests
-- Retire
G. Staff Reports
1. Executive Director’s Report
Melanie de Leon reported that she has been working with the
Department of Information Services (DIS) to develop an interactive Ethics
training program that will be accessible to all state employees throughout the
state. She added that a price quote is currently being developed and the
training should be available on the website by the end of June.
Ms. de Leon also discussed issuing media releases following final
Board action. The Board agreed that
issuing a release to both local and regional newspapers would be an efficient
way to notify the public of Board actions.
2. AAG Report
AAG Mickey Newberry provided a brief update on current cases.
Senior Counsel Jerry Anderson briefly discussed current
Legislation.
3. Other Staff Reports
No other staff reports were given.
H. Public Comment/Board Member Comment
No
public or board member comments were expressed.
I. Closed Session
At
11:00 a.m. Chair Gorrell noted there were no executive session items and the
Board moved into Closed Session to deliberate on quasi-judicial matters.
At 11:25 a.m. the Board
returned to regular session and reported the following:
Motion 09-009 Moved by Member Connelly,
seconded by Member Biegelman:
The Board accepts the
Stipulated Facts, Conclusions and Orders in EEB Case #07-026, Charles Madison,
EEB Case #07-041, Linda Balch and EEB Case #07-053, Martin Singleton, as
presented.
The motion passed unanimously.
Motion 09-010 Moved by Member Connelly,
seconded by Vice Chair Jablonski:
The Board finds No Reasonable Cause and Dismisses EEB Case #08-133,
Rob McKenna.
The motion passed
unanimously.
Motion 09-011 Moved by Member Connelly,
seconded by Member Biegelman:
The Board affirms the Executive Director’s Oder of Dismissal and
issues a Final Order of Dismissal in EEB Case #06-037, Steven Johnson.
The motion passed unanimously.
I. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 11:30 a.m.
Approved by the Board 3/13/09