WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

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

March 14, 2014

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 Member Matthew Williams. Newly appointed Member Sumeer Singla joined the meeting at 9:15 a.m. Board staff in attendance included:  Executive Director Melanie de Leon, Assistant Attorney General Chad Standifer, Investigator David Killeen and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Melanie de Leon noted that the agenda was revised to add an additional Executive Director Dismissal.

 

Motion 14-008 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board approves the March 14, 2014 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the January 10, 2014 Meeting Minutes

       

Motion 14-009 Moved by Member Williams, seconded by Vice Chair Dudek Ross:  

 

The Board approves the January 10, 2014 minutes as presented.

 

The motion passed unanimously.

 

B.    Enforcement Matters

EEB Case No. 2013-006 (Millbauer)

The Board heard oral argument from Attorney Dmitri Iglitzen regarding a Stipulated Facts, Conclusions and Order signed by Mr. Millbauer in which a Letter of Instruction was issued.  The Letter of Instruction included a requirement that Mr. Millbauer successfully complete the online Ethics Challenge located on the Board’s website. Mr. Iglitzen argued that the letter was the appropriate and sole action of the Board and the requirement to complete the challenge was an additional sanction.

Assistant Attorney General Chad Standifer stated that taking the challenge was an extension of the Letter of Instruction with the intent to fully educate the employee.

The Board will deliberate in closed session and issue a written order on this matter.

EEB Case 2010-018 (Diaz)

Mr. Standifer also presented a Thurston County Superior Court Order regarding Jose Diaz and discussed the Board’s options of either issuing a new order based on the current administrative record or setting the matter for an additional hearing.  The Board will discuss the issue again at their May meeting.

 

Stipulations

EEB Case No. 2010-068 (Wise)

David Killeen briefed the Board on a proposed stipulation and order in the matter of Jason Wise. Mr. Wise agreed that he may have violated RCW 42.52.020, .070 and .160 when he allowed a vendor, in which he had a more than professional friendship with and was not on the state’s convenience contract, to make repairs to shop vehicles. In addition, he was allowing that vendor to come into the compound to make repairs for Department of Natural Resources employees, contrary to agency directives. There was also evidence to show that he used state resources for personal benefit.  The stipulation proposes a penalty of $5,000 with $1,000 suspended.

EEB Case No. 2012-013 (Paja)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Alan Paja. Mr. Paja agreed that he may have violated RCW 42.52.160, when, knowing he was going to retire, used state funds to purchase materials and DVDs for seminars he wanted to take. Upon his retirement, he took the materials with him and completed them after he left state service.  The materials were later returned to the agency.  The stipulation proposes a penalty of $1,000 and restitution to the agency in the amount of $2,480, which was the original cost of the seminar materials.

EEB Case No. 2012-053 (Goss)

Mr. Killeen briefed the Board on the proposed stipulation and order in the matter of John Goss.  Mr. Goss agreed that he may have violated RCW 42.52.020, .070 and .160 when he allowed select students to access and use South Puget Sound Community College’s welding shop, materials and equipment for their personal benefit during times when classes were not in session. He also allowed a lab tech to make items for their personal benefit during class time when they were being paid to be a lab tech.  The stipulation proposes a penalty of $3,000.

 

 

EEB Case No. 2013-019 (Elliott)

David Killeen briefed the Board on the proposed stipulation and order in the matter of Marla Elliott.  Ms. Elliott agreed that she may have violated RCW 42.52.160 when she used state resources to support her outside business.  The stipulation proposes a penalty of $2,500 with $1,500 suspended.

EEB Case No. 2013-041 (Thomas)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Bruce Thomas.  Mr. Thomas agreed that he may have violated RCW 42.52.080 when he accepted employment with a vendor on a contract that he helped administer while employed by the state. The stipulation proposes a penalty of $750.

The Board deferred action on all stipulations until after their Closed session.

 

Executive Director Dismissals

EEB Case No. 2013-027 (Hect), EEB Case No. 2013-028 (Fredricks), EEB Case No. 2013-036 (D’Ambrosio), EEB Case No. 2013-046 (Richards), EEB Case 2014-047 (Esparza) and EEB Case No. 2014-002 (Hogarty)

Melanie de Leon summarized six ED Dismissals.

 

C.    Policy Reviews

Melanie de Leon reported an Ethics Policy submitted by Renton Technical College and recommended Board approval.

 

Motion 14-010 Moved by Chair Marsh, seconded by Member Williams:

 

The Board approves Renton Technical College’s Ethics Policy as presented.

 

The motion passed unanimously.

 

Ms. de Leon also reported on an Ethical Conduct and Outside Employment Policy submitted by the Washington State Liquor Control Board and introduced Clarice Nnanabu, Human Resources Director. She recommended the Board approve the policy. 

                    

Chair Marsh expressed concern regarding restriction of the use of leave without pay for an employee to conduct or work in an outside business or company and strongly encouraged that the Liquor Control Board consider rewriting the bullet.

 

Motion 14-011 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board approves the Liquor Control Board’s Ethical Conduct and Outside Employment Policy.

 

Voting for:  Vice Chair Dudek Ross and Members Williams and Singla.

Voting Against:  Chair Marsh.

 

The motion passed.

 

Ms. de Leon also reported on two policies submitted by the Washington State Department of Transportation, Employee Use of Electronic Communication Systems and Social Media Use and recommended approval of both policies

 

Motion 14-012 Moved by Chair Marsh, seconded by Vice Chair Dudek Ross:

 

The Board approves the Washington State Department of Transportation’s Employee Use of Electronic Communication Systems Policy as presented.  

 

The motion passed unanimously.

 

Motion 14-013 Moved by Chair Marsh, seconded by Member Singla:

 

The Board approves the Washington State Department of Transportation’s Social Media Use Policy as presented. 

 

The motion passed unanimously.

 

D.    Legislation

Melanie de Leon discussed the passing of HB 1785 that added a section to RCW 42.52.160 that allows agencies to allow de minimis use of state facilities to provide employees with information about (a) medical, surgical, and hospital care; (b) life insurance or accident and health disability insurance; or (c) individual retirement accounts, by any person, firm or corporation administering such program as part of authorized payroll deductions pursuant to RCW 41.04.020.  This bill impacts the proposed revision to WAC 292-110-010, so the Board postponed scheduling a rule-making hearing on the proposed revision to allow further discussions by the subcommittee and to receive stakeholder input.

 

E.    Staff Reports

1.  Executive Director’s Report

Melanie de Leon briefly reported on internal policies that are being drafted to create processes regarding closing cases, cleaning out files and other in house matters.

 

2.  AAG Report

No AAG report was given.

 

3.  Other Staff Reports

 

No other staff reports were given.

 

F.    Public Comment/Board Member Comment

Lisa Beach, Internal Auditor and Ethics Advisor from Clover Park Technical College, commented that there are three unions at her college and all are receiving a lot of information regarding use of state resources from the AFT.  She would support more guidance from the Board on union issues to avoid conflicts.

G.   Executive/Closed Session

At 10:15 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 11:50 a.m. the Board returned to regular session and reported the following:

 

Motion 14-013 Moved by Vice Chair Dudek Ross, seconded by Member Singla:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case 2010-068, Jason Wise, as presented:

 

The motion passed unanimously.

 

Motion 14-014 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case 2012-013, Alan Paja, as presented:

 

The motion passed unanimously.

 

Motion 14-015 Moved by Vice Chair Dudek Ross, seconded by Member Singla:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case 2012-053, John Goss, as presented:

 

The motion passed unanimously.

 

 

Motion 14-016 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case 2013-019, Marla Elliott, as presented:

 

The motion passed unanimously.

 

Motion 14-017 Moved by Vice Chair Dudek Ross, seconded by Member Singla:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case 2013-041, Bruce Thomas, as presented:

 

The motion passed unanimously.

 

Motion 14-018 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board finds No Reasonable Cause in EEB Case No. 2013-039 Greg Zentner and EEB Case No. 2013-040 Al Bolinger.

 

The motion passed unanimously.

 

Motion 14-019 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-045 Ted Koska.

 

The motion passed unanimously.

 

Motion 14-020 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-051 Sharon George.

 

The motion passed unanimously.

 

H.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:53 a.m.

 

Approved by the Board 5/9/14