WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

Via Zoom

March 11, 2022

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 Battan at 9:03 a.m.  In attendance were Vice Chair Gerri Davis and Members Jan Jutte and Earl Key. Board staff in attendance included:  Executive Director Kate Reynolds, Assistant Attorney General Leo Roinila, Senior Assistant Attorney General Chad Standifer, Assistant Attorney General Julia Eisentrout, Administrative Officer Ruthann Bryant and Investigators Bobby Frye and Justin Cotte.

 

2.    Approval of Agenda

 

Motion 22-015 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board approved the March 11, 2022 agenda as presented.

 

The motion passed unanimously.

 

3.    Approval of the January 14, 2022 Meeting Minutes

 

Motion 22-016 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board approved the January 14, 2022 minutes as presented.

 

Voting For:  Chair Battan, Vice Chair Davis and Member Jutte.

Not Voting:  Member Key.

 

The motion passed.

 

Motion 22-017 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board approved the February 25, 2022 minutes as presented.

 

The motion passed unanimously.

 

 

B.   Election of Officers

Motion 22-018 Moved by Vice Chair Davis, seconded by Member Key: 

 

The Board retains Shirley Battan as Chair and elects Jan Jutte as Vice Chair effective March 14, 2022.

 

The motion passed unanimously.

 

C.   Enforcement Matters

Motion for Summary Judgment

EEB Case 2020-057 Terrence Renwick

Administrative Law Judge Kinn presided over oral argument on a Motion for Summary Judgment regarding EEB Case 2020-057 Terrence Renwick.

A written order will be issued in the matter.

Stipulations

EEB Case 2021-029 (Brown)

Investigator Bobby Frye briefed the Board on a proposed Stipulation and Order in the matter of Kristina Brown, former Executive Director with the Office of the Lieutenant Governor. Ms. Brown agreed that she may have violated the Ethics in Public Service Act by being involved with the negotiations of a contract while employed with the Lieutenant Governor’s Office and then accepting a position with the same entity after leaving state service. The stipulation imposes a civil penalty of $750.

 

EEB Case 2021-031 (Lindstrand)

Mr. Frye also briefed the Board on a proposed Stipulation and Order in the matter of Laura Lindstrand, Policy Analyst with the Human Rights Commission. Ms. Lindstrand agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit or gain. Evidence indicated that she connected two external hard drives containing personal data to her assigned work computer which resulted in personal information being downloaded to agency servers including documents related to an outside business. The stipulation imposes a civil penalty of $3,500 with $1,000 suspended.

 

EEB Case 2021-034 (Cayanan)

Investigator Bobby Frye briefed the Board on a proposed Stipulation and Order in the matter of Meg Cayanan, former Cashier at Seattle Central College. Ms. Cayanan agreed that she may have violated the Ethics in Public Service Act by using state resources for personal benefit and gain. Evidence indicated that she removed misappropriated cash deposits over a one month period. The stipulation imposes a civil penalty of $3,500.

 

EEB Case 2021-045 (Jennings)

Mr. Frye also briefed the Board on a proposed Stipulation and Order in the matter of David Jennings, Correctional Industries Supervisor with the Department of Corrections. Mr. Jennings agreed that he may have violated the Ethics in Public Service Act by accessing the Offender Management Network Information database to obtain information regarding an ex-offender and sharing that information with an outside party and using state resources for personal benefit and gain. The stipulation imposes a civil penalty of $2,500 with $1,000 suspended.

 

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

 

D.   Advisory Opinion Review

Kate Reynolds reported on the continued Advisory Opinion (AO) review project and presented the final AO to be reviewed regarding the use of state resources.

 

Motion 22-019 Moved by Member Jutte, seconded by Member Key:

 

The Board approved updates to Advisory Opinion 02-02A Use of State Resources Questions and Answers as presented.

 

The motion passed unanimously.

E.   Policy Review

Ruthann Bryant presented the Washington State Investment Board’s Use of State Resources policy. She noted that this policy was previously approved in 2018 and only clarifying changes regarding organizational effectiveness have been made to the policy. She recommended approval.

 

Motion 22-020 Moved by Vice Chair Davis, seconded by Member Jutte:

 

The Board approved the Washington State Investment Board’s Use of State Resources, Policy Number 4.00.500, as presented.

 

The motion passed unanimously.

F.    Staff Reports

Executive Director Kate Reynolds updated the Board on staffing changes reporting that Senior Assistant Attorney General Chad Standifer had been promoted to Division Chief and introduced Julia Eisentrout as Board staff’s new attorney.  She also introduced new Investigator Justin Cotte.

Ms. Reynolds also provided an update on a bill that passed during this Legislative session that will have an impact on the Ethics in Public Service Act.

No other staff reports were given.

G.    Public Comment/Board Member Comment

No public or Board member comments were given.

H.   Closed Session

At 9:57 a.m. the Board moved into Closed Session. 

At 11:00 a.m. the Board returned to regular session and reported the following:

 

Motion 22-021 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $750 in EEB Case 2021-029 Kristine Brown.

 

The motion passed unanimously.

 

Motion 22-022 Moved by Member Key, seconded by Vice Chair Davis:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $3,500 with $1,000 suspended in EEB Case 2021-031 Laura Lindstrand.

 

The motion passed unanimously.

 

Motion 22-023 Moved by Chair Battan, seconded by Vice Chair Davis:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $3,500 in EEB Case 2021-0034 Meg Cayanan.

 

The motion passed unanimously.

 

Motion 22-024 Moved by Member Key, seconded by Vice Chair Davis:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $2,500 with $1,000 suspended in EEB Case 2021-045 David Jennings.

 

The motion passed unanimously.

 

Motion 22-025 Moved by Member Jutte, seconded by Chair Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2021-037 Pamela Derrick.

 

The motion passed unanimously.

 

Motion 22-026 Moved by Member Jutte, seconded by Chair Battan:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismissed the following cases:

·         EEB Case 2021-041 Tod Treat

·         EEB Case 2021-042 Holly Bringman

·         EEB Case 2021-043 Heather Ryan

·         EEB Case 2021-044 Bobbi Johnson

 

The motion passed unanimously.

 

Motion 22-027 Moved by Vice Chair Davis, seconded by Chair Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2021-048 Sean Bertsch.

 

The motion passed unanimously.

 

Motion 22-028 Moved by Vice Chair Davis, seconded by Chair Battan:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-049 Kenlyn Mackey.

 

The motion passed unanimously.

 

Motion 22-029 Moved by Member Key, seconded by Vice Chair Davis:

 

The Board found Reasonable Cause over $500 in EEB Case 2021-050 Linda Bang.

 

The motion passed unanimously.

 

Motion 22-030 Moved by Chair Battan, seconded by Member Key:

 

The Board found Reasonable Cause over $500 in EEB Case 2021-054 Amanda Maxwell.

 

The motion passed unanimously.

 

I.     Miscellaneous Matters/Adjournment

There were no miscellaneous matters and the meeting was adjourned at 11:10 a.m.

Approved by the Board 5/13/2022