WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW–
Conference Room 148 – Olympia, WA
March 16, 2012
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 Matthew Williams at 9:00 a.m. In attendance were Vice Chair Lisa Marsh and
Member Nancy Biery. Member Linnaea Jablonski was absent. Board staff in
attendance included: Executive Director Melanie
de Leon, Assistant Attorney General Bruce Turcott, Administrative Officer
Ruthann Bryant and Investigator David Killeen.
2. Approval of Agenda
Melanie de Leon noted that the agenda had been revised to add
three Stipulations and an Executive Director dismissal.
Motion 12-007 Moved by Vice Chair Marsh,
seconded by Member Biery:
The Board approves the March
16, 2012 agenda as amended.
The motion passed unanimously.
3. Approval of the January 13, 2012 Meeting Minutes
Motion 12-008 Moved by Vice Chair Marsh,
seconded by Member Biery:
The Board approves the January 13, 2012 minutes as presented.
The motion passed
unanimously.
B. Enforcement Matters
Stipulations
EEB Case No. 2010-083 (Lassiter)
Melanie de Leon briefed the Board on the proposed stipulation and
order in the matter of Queniya Lassiter.
Ms. Lassiter agreed that she may have violated RCW 42.52 when she used her
state computer, email, internet and state owned scanner for personal use. The stipulation proposes a penalty of $1,500.
EEB Case No. 2011-002
(Stricklett)
Melanie de Leon briefed the Board on the proposed stipulation and
order in the matter of Dacia Stricklett.
Ms. Stricklett agreed that she may have violated RCW 42.52 when she used
her state computer to read, edit and communicate regarding other aspects of a
book she was writing. The stipulation proposes a penalty of $4,000 with $2,800
suspended.
EEB Case No. 2011-035 (Staples)
Melanie de Leon briefed the Board on the proposed stipulation and
order in the matter of Clinton Staples.
Mr. Staples agreed that he may have violated RCW 42.52 when he used his
state computer to visit non-work related internet sites and by using his state email
for non-profit and personal benefit. The stipulation proposes a penalty of
$1,500.
EEB Case No. 2011-036 (McStay)
Melanie de Leon briefed the Board on the proposed stipulation and
order in the matter of Kevin McStay. Mr.
McStay agreed that he may have violated RCW 42.52 by using his state issued
computer to visit sites on the internet and send/receive emails that were
directly related to his outside business as a musician in a local band. The
stipulation proposes a penalty of $3,000 with $1,500 suspended.
EEB Case No. 2011-042 (Marsh)
Melanie de Leon also briefed the Board on the proposed stipulation
and order in the matter of Stan Marsh.
Mr. Marsh agreed that he may have violated RCW 42.52 when he used state
resources to remove and install tires on his personal vehicle. The stipulation
proposes that Mr. Marsh take instruction in the requirements of RCW 42.52.160.
The Board deferred action until after closed session.
Executive Director
Dismissals
EEB Case 2011-037 (Birch)
and EEB Case 2011-041 (Strickler)
Melanie
de Leon briefly summarized two Executive Director dismissals.
C. Policy Reviews
Melanie
de Leon reported on a policy submitted by the Washington State Board of
Accountancy Ethics Policy.
Motion 12-009 Moved by Vice Chair Marsh,
seconded by Member Biery:
The Board approves the Washington
State Board of Accountancy’s Ethics Policy as presented.
The motion passed unanimously.
D. Discussion
Melanie de Leon reported on a request for formal advice from the
Department of Corrections (DOC). DOC staff asked whether or not it would be a
special privilege for their staff who work at
correctional facilities to be permitted to borrow books and materials housed in
the state library branch located within the correctional facility when the
general public does not have physical access to the books and materials.
After researching the issue, Ms. de Leon found that while the
public cannot go into a correctional facility to check out books, all of the
books and materials housed in any of the state libraries are available through
an interlibrary loan system to which all libraries in the state belong. Since
anyone can go to their county library and request a book that may be physically
located in a correctional facility library and receive it through the
interlibrary loan system, everyone has “virtual” access to all of the books
housed at correctional facilities and there is no special privilege given to
DOC staff.
Motion 12-010 Moved by Vice Chair Marsh,
seconded by Member Biery:
The Board approves a draft
letter to the state librarian clarifying that a special privilege is not
afforded to DOC staff regarding borrowing books from state libraries located in
correctional facilities.
The motion passed unanimously.
E. Staff Reports
1. Executive Director’s Report
Melanie de Leon provided a brief summary of Legislation that
either impacted the Ethics in Public Service Act or the Board itself. She added
that the bills are still active in the current special Legislative
session.
Ms. de Leon noted that Extern
Phillip Downes finished his work with the Board at the beginning of March and
did an outstanding job with surveys, scorecards and in assisting with the
development of the Legislative report. She added that the report was delivered
to Legislators in February and is posted on the Board’s website.
2. AAG Report
No AAG reports were given.
3. Other Staff Reports
No other staff reports were given.
F. Public Comment/Board Member Comment
No
public or Board member comments were given.
G. Executive/Closed Session
At
9:20 a.m. the Board moved into Executive Session to discuss potential
litigation, immediately followed by Closed Session to deliberate on
quasi-judicial matters.
At 10:06 a.m. the Board returned to regular session and reported
the following:
Motion 12-011 Moved by Vice Chair Marsh,
seconded by Chair Williams:
The Board amends the
Stipulated Facts, Conclusions and Order in EEB Case #2010-083, Queniya Lassiter
to assess a penalty of $2,500 with $1,000 suspended on the condition that Ms.
Lassiter commits no further violations of chapter 42.52 RCW for a period of
three years from the date the agreement is executed.
The motion passed unanimously.
Motion 12-012 Moved by Vice Chair
Marsh, seconded by Chair Williams:
The Board approves the
Stipulated Facts, Conclusions and Order in EEB Case #2011-002, Dacia
Stricklett, as presented.
The motion passed unanimously.
Motion 12-013 Moved by Vice Chair
Marsh, seconded by Member Biery:
The Board approves the
Stipulated Facts, Conclusions and Orders in EEB Case #2011-035, Clinton
Staples, EEB Case #2011-036, Kevin McStay and EEB Case #2011-042, Stan Marsh,
as presented.
The motion passed unanimously.
Motion 12-014 Moved by Vice Chair
Marsh, seconded by Member Biery:
The Board dismisses EEB
Case #2011-041, Kris Strickler.
The motion passed unanimously.
Motion 12-015 Moved by Member Biery,
seconded by Chair Williams:
The Board finds Reasonable
Cause in EEB Case #2010-067, Phil Moller.
Voting for reasonable cause on all noted sections of law: Chair Williams and Member Biery
Voting against one noted section of law: Vice Chair Marsh
The motion passed.
Motion 12-016 Moved by Vice Chair
Marsh, seconded by Member Biery:
The Board finds Reasonable
Cause in EEB Case #2010-068, Jason Wise.
The motion passed unanimously.
Motion 12-017 Moved by Vice Chair
Marsh, seconded by Member Biery:
The Board finds Reasonable
Cause in EEB Case #2010-069, Randy Sweet.
The motion passed unanimously.
Motion 12-018 Moved by Vice Chair
Marsh, seconded by Member Biery:
The Board finds Reasonable
Cause in EEB Case #2011-032 Gerald Ballard.
The motion passed unanimously.
Motion 12-019 Moved by Vice Chair
Marsh, seconded by Member Biery:
The Board finds Reasonable
Cause in EEB Case #2011-034, James Mutnick.
The motion passed unanimously.
H. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 10:13 a.m.
Approved by the Board 5/11/12