WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 4th
Floor Conference Room – Olympia, WA
March 18, 2016
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 Anna Dudek Ross at 9:00 a.m. In attendance were Vice Chair Simmons and Members
Lisa Marsh, Sumeer Singla
and John Ladenburg. Board staff in attendance included: Executive Director Kate Reynolds, Investigator
David Killeen and Administrative Officer Ruthann Bryant.
2. Approval of Agenda
Ruthann Bryant noted the addition of a stipulated agreement under
Enforcement Matters.
Motion 16-017
Moved by Member Marsh, seconded by Member Ladenburg:
The Board approves the March
18, 2016 agenda as amended.
The motion passed unanimously.
3. Approval of the January 15, 2016 Meeting Minutes
Motion 16-018 Moved by Member Ladenburg,
seconded by Member Marsh:
The Board approves the January 15, 2016 minutes as presented.
The motion passed unanimously.
B. Enforcement Matters
Stipulation
EEB
Case No. 2014-078
David
Killeen briefed the Board on a proposed stipulation and order in the matter of
Barry Moore. Dr. Moore agreed that he may have violated RCW 42.52 when he
participated in selling/renting scuba equipment to his students that were
enrolled in classes in which he was the lead instructor, stored scuba equipment
on state property and used state resources to promote and sell/rent scuba
equipment for his outside business. The Stipulation imposes a penalty of $3,000
with $1,000 suspended.
Executive Director
Dismissals
EEB Case No. 2014-073 (Selix), EEB Case No. 2014-077 (Kerns), EEB Case No.
2014-081 (Coursey), EEB Case No. 2015-043 (Bronkema), EEB Case No. 2015-044 (Quirin),
EEB Case No. 2015-045 (Zeth), EEB Case No. 2015-047
(Mason) and EEB Case No. 2015-048 (MacNeil)
Kate Reynolds summarized eight Executive Director Dismissals.
The Board deferred action on the enforcement matters until after
their closed session.
C. Rule-Making Discussion
Kate Reynolds introduced proposed rule amendments to WAC 292-130
Agency Organization – Public records and requested Board approval to begin the
rule-making process and file the CR-101 with the Code Reviser.
Motion 16-019 Moved by Member Singla, seconded by Member Ladenburg:
The Board approves filing
the CR 101 to begin rule-making on WAC 292-130 Agency Organization – Public
Records.
The motion passed unanimously.
D. Advisory Opinion Review
Kate
Reynolds reported on an Advisory Opinion (AO) review project and presented a
group of AOs related to the Use of State Resources for the Board’s review. The
Board approved a group of AO’s to incorporate small changes in accordance with
the new Use of State Resources WAC which becomes effective on April 1, 2016.
Motion 16-020 Moved by Member Singla, seconded by Member Marsh:
The Board approves updates
to the following Advisory Opinions:
·
96-03 Wellness Program
·
99-02 Operating a
non-profit within an agency
·
00-09 Combined fund drive
activities
·
00-10 Emails
·
02-01 Use of state
facilities to conduct union business
·
02-02A Use of state
resources-general board advice
·
03-01 Accessing state
retirement account/state provided benefits, as amended
·
03-03 Frequent flyer miles,
as amended
·
03-04 Selling
complimentary text books
The motion passed unanimously.
E. Policy Review
Ruthann
Bryant reported on a Use of State Resources policy from the Department of
Corrections. She noted that the policy is consistent with the Ethics Act and
recent amendments to the corresponding rule and recommended approval.
Member
Marsh thanked the Department of Corrections for a well written policy and being
ahead of the game given the new rule requirement.
Motion 16-021 Moved by Member Marsh,
seconded by Member Singla:
The Board approves the Department
of Correction’s Use of State Resources policy as presented.
The motion passed unanimously.
F. Staff Reports
Kate
Reynolds provided an update on the search for a new investigator and noted that
the Annual Report will be completed and posted soon.
G. Public Comment/Board Member Comment
Lynn
Hendrickson, Ethics Advisor for the Board for Industrial Insurance Appeals,
commented that she would appreciate having old advisory opinions listed on an
archive page for historical purposes.
H. Executive/Closed Session
At
9:37 a.m. the Board moved into Executive Session, immediately followed by Closed
Session to deliberate on quasi-judicial matters.
At 10:21 a.m. the Board returned to regular session and reported
the following:
Motion 16-022 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board modified the
Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2014-078
Barry Moore and reduced the penalty to $1,500 with $500 suspended.
The motion passed unanimously.
Motion 16-023 Moved by Vice Chair
Simmons, seconded by Member Singla:
The Board finds Reasonable
Cause in EEB Case No. 2014-064 Sarah Barron.
The motion passed unanimously.
Motion 16-024 Moved by Member Marsh,
seconded by Member Simmons:
The Board finds Reasonable
Cause in EEB Case No. 2014-042 Christine Shriner.
The motion passed unanimously.
Motion 16-025 Moved by Member Ladenburg,
seconded by Member Singla:
The Board issues a Final
Order in EEB Case No. 2014-076 Antoinette Bates.
The motion passed unanimously.
Motion 16-026 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board issues a Final
Order in EEB Case No. 2014-080 Nora Dudley.
The motion passed unanimously.
I. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 10:29 a.m.
Approved by the Board 5/13/16