WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– 4th Floor Conference Room – Olympia, WA

March 8, 2019

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 Ladenbuerg at 9:03 a.m.  In attendance were Vice Chair Shirley Battan and Members Lisa Marsh, Anna Dudek Ross and Gerri Davis. Board staff in attendance included:  Executive Director Kate Reynolds, Sr. Assistant Attorney General Bruce Turcott, Assistant Attorney General Chad Standifer, Investigator David Killeen and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

 

Motion 19-017 Moved by Member Marsh, seconded by Vice Chair Battan:

 

The Board approves the March 8, 2019 agenda as presented.

 

The motion passed unanimously.

 

3.     Approval of the January 11, 2019 Meeting Minutes

       

Motion 19-018 Moved by Member Davis, seconded by Vice Chair Battan:

 

The Board approves the January 11, 2019 minutes as presented.

 

The motion passed unanimously.

 

B.    Enforcement Matters

Motion to Dismiss/Motion for Summary Judgment

EEB Case 2017-069 Lynne Lerych

Administrative Law Judge TJ Martin presided over oral arguments on a Motion for Summary Judgment regarding EEB Case 2017-069 Lynne Lerych.

The Board deferred action on the Motion for Summary Judgment until after their closed session.

C.    Election of Officers

Motion 19-019 Moved by Member Dudek Ross, seconded by Member Marsh: 

 

The Board elects Shirley Battan as Chair and Gerri Davis as Vice Chair effective March 11, 2019.

 

The motion passed unanimously.

 

D.    Enforcement Matters (cont.)

Stipulations

EEB Case No. 2017-024 (Latika Chandler)

Senior Investigator David Killeen briefed the Board on a proposed stipulation and order in the matter of Latika Chandler.  Ms. Chandler agreed that she may have violated the Ethics in Public Service Act when she used a state vehicle for personal purposes including transporting a family member. The Stipulation imposes a penalty of $2,500 with $1,250 suspended.

EEB Case No. 2018-029 (Rudder)

Mr. Killeen also briefed the Board on a proposed stipulation and order in the matter of Scott Rudder. Mr. Rudder agreed that he may have violated the Ethics in Public Service Act by participating in outside employment with a business he had regulatory and compliance responsibilities over. The Stipulation imposes a penalty of $3,000 with $500 suspended.

Executive Director Dismissals

Kate Reynolds summarized six Executive Director Dismissals: EEB Case 2018-024 Bogumila Bartnicki, EEB Case 2018-039 Richard Duncan, EEB Case 2018-041 Travis Naillon, EEB Case 2018-051 Valerie Turner, EEB Case 2018-052 Micah Turner, and EEB Case 2018-054 Jeremy Long.

The Board deferred action on the enforcement matters until after their closed session.

 

E.    Rule-Making

        WAC 292-100 Procedural Rules

 Executive Director Kate Reynolds presented proposed amendments to WAC 292-100 Procedural Rules.

Motion 19-020 Moved by Chair Ladenburg, seconded by Member Dudek Ross: 

 

The Board approved the filing of a Pre-Proposal Statement of Inquiry (CR 101) regarding WAC 292-100.

 

The motion passed unanimously.

 

F.    Policy Reviews

Ruthann Bryant presented an Eastern Washington University Appropriate Use of University Resources policy and recommended approval.

 

Motion 19-021: Moved by Chair Ladenburg, seconded by Vice Chair Battan:

 

The Board approved Eastern Washington University’s Appropriate Use of University Resources Policy as presented.

 

The motion passed unanimously.

 

Ms. Bryant also presented the Department of Agriculture’s Establishing and Maintaining Standards of Ethical Conduct policy and recommended approval.

 

Motion 19-022: Moved by Chair Ladenburg, seconded by Member Davis:

 

The Board approved the Department of Agriculture’s Establishing and Maintaining Standards of Ethical Conduct Policy as presented.

 

The motion passed unanimously.

 

G.   Staff Reports

Kate Reynolds reported on Legislation that may have an impact on the Ethics in Public Service Act.

No other staff reports were given.

Public Comment/Board Member Comment

Chair Ladenburg noted that while his term ends in September 2019, he may have to leave the Board prior to that date.

Member Marsh thanked Chair Ladenburg for his time and service and added that it was a pleasure to work with him. Other members concurred.

H.    Closed Session

At  9:45 a.m. the Board moved into Closed Session. 

At 10:10 a.m. the Board returned to regular session and reported the following:

 

Motion 19-023 Moved by Member Marsh, seconded by Chair Ladenburg:

 

The Board finds Reasonable Cause over $500 in EEB Case 2018-031 Jessie Days.

 

Voting For:  Chair Ladenburg, Members Marsh, Davis and Dudek Ross.

Not Voting:  Vice Chair Battan.

 

The motion passed.

 

Motion 19-024 Moved by Vice Chair Battan, seconded by Chair Ladenburg:

 

The Board finds Reasonable Cause over $500 in EEB Case 2018-033 Kelly McPherson.

 

The motion passed unanimously.

 

Motion 19-025 Moved by Member Marsh, seconded by Vice Chair Battan:

 

The Board finds Reasonable Cause less than $500 in EEB Case 2018-043 Theresa Monteverdi.

 

The motion passed unanimously.

 

Motion 19-026 Moved by Member Dudek Ross, seconded by Chair Ladenburg:

 

The Board finds Reasonable Cause over $500 in EEB Case 2018-044 Cathie Petrie.

 

Voting For:  Chair Ladenburg, Vice Chair Battan and Members Dudek Ross and Davis.

Not Voting: Member Marsh.

 

The motion passed.

 

Motion 19-027 Moved by Member Marsh, seconded by Chair Ladenburg:

 

The Board finds No Reasonable Cause in EEB Case 2018-048 Danielle Armbruster.

 

The motion passed unanimously.

 

Motion 19-028 Moved by Member Marsh, seconded by Vice Chair Battan:

 

The Board Dismisses as Inadvertent and Minor or Cured, EEB Case 2018-056 Jimi Bush.

 

The motion passed unanimously.

 

Motion 19-029 Moved by Member Marsh, seconded by Vice Chair Battan:

 

The Board granted the Motion for Summary Judgment and imposed a civil penalty of $1,500 in EEB Case 2017-069 Lynne Lerych.

 

The motion passed unanimously.

 

Motion 19-030 Moved by Member Davis, seconded by Member Dudek Ross:

 

The Board approves the following Stipulated Facts, Conclusions of Law and Agreed Orders as presented:

 

·       EEB Case 2017-075 Latika Chandler

·       EEB Case 2018-029 Scott Rudder

 

The motion passed unanimously.

 

I.       Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 10:15 a.m.

 

Approved by the Board 5/10/19