WASHINGTON STATE
EXECUTIVE ETHICS BOARD
1110 Capitol Way S– 4th
Floor Video Conference Room – Olympia, WA
March 11, 2011
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 Michael Connelly at 9:00 a.m. In attendance were Members Neil Gorrell, Linnaea
Jablonski and Matthew Williams III. Board staff in attendance included: Executive Director Melanie de Leon, Senior
Assistant Attorney General Mary Tennyson, Assistant Attorney General Jennifer
Elias, Administrative Officer Ruthann Bryant and Investigator Sue Jones.
2. Approval of Agenda
Motion 11-001 Moved by Member Gorrell, seconded
by Member Williams:
The Board approves the March
11, 2011 agenda as presented.
The motion passed unanimously.
3. Approval of the November 12, 2010 Meeting Minutes
Motion 11-002 Moved by Member Gorrell,
seconded by Member Williams:
The Board approves the November 12, 2010 minutes as presented.
The motion passed unanimously.
B. Election of Vice Chair
Chair
Connelly noted that Martin Biegelman has resigned from the Board to relocate
out-of-state. As a result, a new Vice
Chair must be elected.
Motion 11-003 Moved by Member Jablonski,
seconded by Member Gorrell:
The Board elects Matthew
Williams as the Vice Chair of the Executive Ethics Board effective immediately.
The motion passed unanimously.
C. Enforcement Matters
Hearing – Jorge Gilbert,
EEB Case 2009-054
Administrative
Law Judge Thomas Rack presided over the matter of EEB Case 2009-057 Jorge
Gilbert. Mr. Gilbert failed to appear
for the hearing via teleconference and as a result, ALJ Rack deemed Mr. Gilbert
to be in default for his failure to appear.
AAG
Jennifer Elis provided a brief background for default and penalty and the Board
heard testimony from Ed Sorger, Maryam Jacobs, and
Melanie de Leon.
The
Board deferred action until after closed session.
Stipulations
EEB Case No. 2009-058 (Cantreras)
Ms. Jones briefed the Board on the proposed stipulation and order
in the matter of Teresa Contreras. Ms.
Contreras agreed that she may have violated RCW 42.52.160 when she used state
resources for personal benefit. The stipulation proposes a penalty of $500.
EEB Case No. 2010-003
(Watkins)
Ms. Jones briefed the Board on the proposed stipulation and order
in the matter of Michael Watkins. Mr. Watkins agreed that he may have violated
RCW 42.52.160 when he used state resources for personal business gain by
sending and receiving non-work related emails, visiting non-work related
websites, and using state resources for his outside real estate business. The
stipulation proposes a penalty of $1,500.
EEB Case No. 2010-062
(Leyerle)
Ms. Jones briefed the Board on the proposed stipulation and order
in the matter of Deanna Leyerle. Ms.
Leyerle agreed that she may have violated RCW 42.52.160 when she used state
resources for personal benefit. The
stipulation proposes a penalty of $500 with $250 suspended.
EEB Case No. 2010-065 (Yu)
Ms. de Leon briefed the Board on the proposed stipulation and
order in the matter of Myung Yu. Ms. Yu agreed that
she may have violated RCW 42.52.160 when she worked simultaneously for a
private non-profit organization during her scheduled state work hours. The stipulation proposes a penalty of $10,000.
EEB Case No. 2010-071
(Garcia)
Ms. Jones briefed the Board on the proposed stipulation and order
in the matter of Sally Garcia. Ms.
Garcia agreed that she may have violated RCW 42.52.160 and .180 when she used
state resources to send an email to veterans in Southwest Washington to promote
a campaign event for US Senator Patty Murray.
The stipulation proposes a penalty of $1,500 with $500 suspended.
The Board deferred action until after closed session.
Executive Director
Dismissals
EEB Case 2009-0025 (Nannery), EEB Case 2010-075 (Brodeur)
and EEB Case 2010-076 (Knutsen)
Melanie
de Leon briefly summarized three Executive Director dismissals.
D. Advisory Opinion Review
Melanie
de Leon summarized the background and history of honorarium and use of state
resources previously discussed at the last four meetings. Sr. AAG Mary Tennyson briefly summarized her
memo noting that honoraria is addressed in a separate
section of law.
AAG
Dave Stolier stated that he believes use of state resources is allowable under
the law to prepare for a speech or presentation where honorarium is received.
The
Board concluded that an advisory opinion would not be a benefit and determined
that agencies could submit their honoraria policies to be considered by the
Board on a case-by-case basis.
Ms.
de Leon also discussed Advisory Opinion 11-01 Expert Witness/Expert Testimony
which combines two older opinions: AO 96-07 State Employees – Outside
Employment and AO 99-06 Outside Compensation/Expert
Testimony.
She
briefly discussed AO 97-01 Outside employment – contract authorized by agency
and supplemental AOA 97-01A and requested that they be repealed due to a change
in the law.
Ms.
de Leon also requested that AO 97-14 Outside
Employment be retired since it is covered under the WAC.
Motion 11-004 Moved by Member Gorrell, seconded by Member Jablonski:
The Board approves the
following as presented:
AO 11-01 Expert
Witness/Expert Testimony (new)
AO 97-01 Outside
Employment (repeal)
AO 97-01A Supplemental
(repeal)
AO 97-014 Outside Employment
(retire)
The motion passed unanimously.
E. Policy Review
Melanie
de Leon summarized a draft Military Department Ethics Policy.
Motion 11-005 Moved by Member Jablonski, seconded by Vice Chair Williams:
The Board approves the Military
Department Ethics Policy, with a correction to the Board’s physical address.
The motion passed unanimously.
F. Use of State Resources Discussion
Ms.
de Leon showed two commercials sponsored by the union in which state employees
are asking people to contact their Legislators regarding budget issues.
The
Board directed staff to write a letter to the union and initiate complaints
regarding the commercials.
G. Legislative Update
Melanie
discussed current Legislation that may have an affect on the Board and 42.52
RCW.
H. Staff Reports
1. Executive Director’s Report
Melanie de Leon noted that this is Member Gorrell’s
last meeting, a new member has been appointed by Governor Gregoire. She thanked Mr. Gorrell for his support and
insight during his term and added that he will be greatly missed. She also introduced new Board prosecutor Jennifer
Elias.
2. AAG Report
No AAG reports were given.
3. Other Staff Reports
No staff reports were given.
I. Public Comment/Board Member Comment
Lynn
Hendrickson, Board for Industrial Insurance Appeals, suggested having a
dialogue with the union regarding the commercials.
Brian
Jensen noted that RCW 42.52.180 relates to lobbying and the commercials may not
fall within that section of law.
J. Closed Session
At
11:20 a.m. the Board moved into Closed Session to deliberate on quasi-judicial
matters.
At 11:50 a.m. the Board returned to regular session and reported
the following:
Motion 11-006 Moved by Member Gorrell, seconded by Vice Chair Williams:
The Board imposes a
penalty twice the conservative amount by type of violation plus restitution in
EEB Case #2009-054 Jorge Gilbert and directs Board Counsel to draft a final
order.
The motion passed unanimously.
Motion 11-007 Moved by Member Gorrell,
seconded by Member Jablonski:
The Board accepts the
Stipulated Facts, Conclusions and Orders in EEB Case #2009-055, Teresa Cantreras, EEB Case
#2010-003, Michael Watkins, EEB Case #2010-062 Deanna Leyerle,
EEB Case #2010-065 Myung Yu and EEB Case #2010-071 Sally Garcia as presented.
The motion passed unanimously.
Motion 11-008 Moved by Member Gorrell,
seconded by Member Jablonski:
The Board dismisses EEB
Case #2010-059 Jeff Koenings and EEB Case #2010-063
David Brittell and issues a Letter of Instruction to
the Department of Fish and Wildlife.
The motion passed unanimously.
Motion 11-009 Moved by Member Gorrell,
seconded by Member Jablonski:
The Board dismisses EEB
Case #2010-070 Rick Garza.
The motion passed unanimously.
Motion 11-010 Moved by Member Gorrell,
seconded by Member Jablonski:
The Board issues a Default
Order in EEB Case #09-012, Paula Canfield.
The motion passed unanimously.
K. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 11:55 a.m.
Approved by the Board 5/13/11