WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW–
Conference Room 148 – Olympia, WA
March 8, 2013
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 Lisa Marsh at 9:00 a.m. In attendance were Vice Chair Anna Dudek Ross
and Members Matthew Williams and Samantha Simmons. Board staff in attendance
included: Executive Director Melanie de
Leon, Assistant Attorney General Bruce Turcott, Investigator David Killeen and
Administrative Officer Ruthann Bryant.
Melanie de Leon reported that Member Mike Bahn has resigned from
the Board to take a position with the Department of Health.
2. Approval of Agenda
Motion 13-009
Moved by Member Williams, seconded by Vice Chair Dudek Ross:
The Board approves the March
8, 2013 agenda as presented.
The motion passed unanimously.
3. Approval of the January 11, 2013 Meeting Minutes
Motion 13-010 Moved by Member Williams,
seconded by Member Simmons:
The Board approves the January 11, 2013 minutes as presented.
The motion passed
unanimously.
B. Enforcement Matters
Stipulations
EEB Case No. 2012-040 (Pezeshki)
David Killeen briefed the Board on a proposed stipulation and
order in the matter of Charles Pezeshki. Mr. Pezeshki agreed that he may have violated RCW 42.52.160
when he used state resources for personal gain and to support two outside
business ventures. He also used state resources to write articles for local
newspapers that were not related to his official state duties and for which he
received separate compensation. The stipulation proposes a penalty of $3,000 with
$1,500 suspended.
EEB Case No. 2012-042 (Bigelow)
Mr. Killeen also briefed the Board on the proposed stipulation and
order in the matter of Sandy Bigelow. Ms. Bigelow agreed that she may have
violated RCW 42.52.160 for using state resources to complete schoolwork, track
personal expenses and further other personal business. The stipulation proposes
a penalty of $2,500 with $1,000 suspended.
EEB Case No. 2012-043 (Holmes)
Mr. Killeen also briefed the Board on the proposed stipulation and
order in the matter of Jonathan Holmes. Mr.
Holmes agreed that he may have violated RCW 42.52.160 when he used state
resources to complete tax returns, track personal expenses and further other
personal business. The stipulation proposes a penalty of $2,500 with $1,000
suspended.
EEB Case No. 2012-044
(Long)
Mr. Killeen also briefed the Board on the proposed stipulation and
order in the matter of Chris Long. Mr.
Long agreed that he may have violated RCW 42.52.160 when he used state
resources to research military weaponary, download
MP3 files and view non-work related videos on YouTube. The stipulation proposes
a penalty of $3,000 with $1,000 suspended.
EEB Case No. 2012-045
(Hutchinson)
Mr. Killeen also briefed the Board on the proposed stipulation and
order in the matter of James Hutchinson.
Mr. Hutchinson agreed that he may have violated RCW 42.52.160 when he
used state resources to view sites relating to steel guitars, retirement, tax
returns and other personal business. The stipulation proposes a penalty of
$2,500 with $1,500 suspended.
EEB Case No. 2012-047
(Johnson)
Mr. Killeen also briefed the Board on the proposed stipulation and
order in the matter of Lisa Johnson. Ms.
Johnson agreed that she may have violated RCW 42.52.160 when she used state
resources to view sites and gather information on remodeling a home, apply for
a construction loan and to further other personal business. The stipulation proposes
a penalty of $2,500 with $1,000 suspended.
EEB Case No. 2012-050
(Welch)
Mr. Killeen also briefed the Board on the proposed stipulation and
order in the matter of Krystal Welch.
Ms. Welch agreed that she may have violated RCW 42.52.160 when she used
state resources to conduct business for two home based businesses. The
stipulation proposes a penalty of $2,500 with $1,000 suspended.
EEB Case No. 2012-058 (Hyatt)
Mr. Killeen also briefed the Board on the proposed stipulation and
order in the matter of Jenna Hyatt. Ms.
Hyatt agreed that she may have violated RCW 42.52.160 when she used state
resources to support a political candidate for Superior Court judge. The
stipulation proposes a penalty of $1,500 with $500 suspended.
Executive Director Dismissals
EEB Case 2012-038
(Baardson), EEB Case 2012-039 (Clark), EEB Case 2012-072 (Fairfield) and EEB
Case 2012-073 (Bracey)
Melanie
de Leon briefly summarized four Executive Director dismissals.
C. Policy Reviews
Melanie de Leon reported on the Washington State Department of
Transportation’s Employee Use of Electronic Communication Systems policy and
recommended Board approval.
Motion 13-011 Moved by Member Williams,
seconded by Member Simmons:
The Board approves the Washington
State Department of Transportation’s Employee Use of Electronic Communication
Systems policy as presented.
The motion passed unanimously.
D. Discussion Item
Melanie
de Leon summarized a request by the Washington Horse Racing Commission to
change WAC 260-14-050 to allow the commission member who is required by statute
to be a breeder of horses to also be able to own and race those horses at race
meets regulated by the commission.
The
Board determined that it would be a conflict of interest for a commissioner to
own and race horses at race meets that they regulated, as well as a possible
financial interest in a transaction and contrary to Advisory Opinion 97-03.
E. Legislation
Ms.
de Leon summarized three legislative bills that impact the Ethics in Public
Service Act or the Board itself. She added that she will keep the Board
informed as the session continues.
F. Staff Reports
1. Executive Director’s Report
Melanie de Leon updated the Board on the matter regarding Belinda
Stewart, noting that an appeal has been filed in Superior Court. She also
reported that she has been working on drafting three Advisory Opinions for the
Board’s review at upcoming meetings.
Ms. de Leon also noted that Consolidated Technology Services
representatives would like to attend a future meeting to discuss the advancement
of technology and the use of wireless internet, the cloud storage and the like.
2. AAG Report
No AAG report was given.
3. Other Staff Reports
No other staff reports were given.
G. Public Comment/Board Member Comment
No
public or Board comments were given.
H. Executive/Closed Session
At
9:40 a.m. the Board moved into Executive Session, immediately followed by Closed
Session to deliberate on quasi-judicial matters.
At 11:15 a.m. the Board returned to regular session and reported
the following:
Motion 13-012 Moved by Chair Marsh,
seconded by Member Simmons:
The Board approves the
Stipulated Facts, Conclusions and Orders as presented for the following:
·
EEB Case #2012-040,
Charles Pezeshki
·
EEB Case #2012-042, Sandy
Bigelow
·
EEB Case #2012-043,
Jonathan Holmes
·
EEB Case #2012-044, Chris
Long
·
EEB Case #2022-045, James
Hutchinson
·
EEB Case #2012-047, Lisa
Johnson
·
EEB Case #2012-050,
Krystal Welch
·
EEB Case #2012-028, Jenna
Hyatt
The motion passed unanimously.
Motion 13-013 Moved by Vice Chair Dudek
Ross, seconded by Member Williams:
The Board finds Reasonable
Cause in the following cases:
·
EEB Case #2012-046, Deanna
Cleman
·
EEB Case #2012-051, Artee Young
·
EEB Case #2012-057, Paul
Lovelady
·
EEB Case #2013-001, Todd
Frederickson
The motion passed unanimously.
Motion 13-014 Moved by Vice Chair Dudek
Ross, seconded by Member Williams:
The Board finds Reasonable
Cause in EEB Case #2012-062, John Dickson
Voting for: Vice Chair
Dudek Ross and Members Williams and Simmons.
Not Voting: Chair Marsh.
The motion passed.
Motion 13-015 Moved by Vice Chair Dudek
Ross, seconded by Member Simmons:
The Board issues a Final
Order of Dismissal in EEB Case
#2012-072, Tara Fairfield and EEB Case #2012-073 Walter Bracey.
The motion passed unanimously.
Motion 13-016 Moved by Vice Chair Dudek
Ross, seconded by Member Williams:
The Board finds No
Reasonable Cause in EEB Case #2012-070, Robin Lake.
The motion passed unanimously.
I. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 11:19 a.m.
Approved by the Board 5/10/13