Executive Ethics Board Meeting Minutes

April 9, 2004

 

A.        Preliminary Business

            1.         Roll Call - The meeting was called to order at 8:30 a.m.  Present were Chair Marilee Scarbrough, Vice-Chair Paul Zellinsky, Member Trish Akana, Member James Vaché, and Member Evelyn Yenson.  The Chair introduced new Board member Evelyn Yenson.  Also in attendance: Executive Director Brian Malarky, Acting Board Counsel Linda Moran, Assistant Attorney General Sharon Eckholm, Investigator Sue Jones, and Board Staff Mechele Linehan. 

            2.         Approval of Agenda –Motion was made, seconded and passed to approve the agenda with an additional policy review inserted (Item E3). 

            3.         Approval of February 13, 2004 Regular Meeting Minutes – After a brief discussion, motion made, seconded and passed to approve the February 13, 2004 minutes with the recommended changes.

B.        Proposed Stipulations and Orders

            1.         EEB Case No. 02-035 (Wilcox)  The proposed stipulation and order resolves allegation that Jeff Wilcox, an employee for the Pollution Liability Insurance Agency (PLIA), violated the Ethics in Public Service Act when he used his state computer and computers assigned to other agency employees to access adult-oriented web sites, play fantasy football and other games, and chat online.  Under the proposed agreement, Mr. Wilcox agrees to pay a civil penalty in the amount of one thousand dollars ($1000).  The Board agrees to suspend five hundred dollars ($500) of the civil penalty on the condition that Mr. Wilcox complies with all terms and conditions of the agreement and commits no further violations of the Ethics Act.

            Results: After considering the matter in closed session, the Board accepted the proposed stipulation and order. 

2.         EEB Case No. 02-036 (Lewis)  The proposed stipulation and order resolves an allegation that Carey Lewis, an employee for the Department of Social and Health Services (DSHS), may have released unauthorized, confidential DSHS client information to a private investigative agency owned by his brother.  Under the proposed agreement, the Board and Mr. Lewis agree that he violated RCW 42.52.120 and agency policy when he accepted employment as a private investigator and did not obtain DSHS approval of this employment.  The Board further concludes that Mr. Lewis violated RCW 42.52.050(1) because his employment as a private investigator might reasonably have required or induced him to make unauthorized disclosure(s) of confidential information. 


Mr. Lewis will accept a Letter of Reprimand from the Board and will pay a civil penalty in the amount of five thousand dollars ($5000).  The Board agrees to suspend three thousand and five hundred dollars ($3500) of the civil penalty on the condition that Mr. Lewis complies with all terms and conditions of the agreement and commits no further violations of the Ethics Act.

            Results: After considering the matter in closed session, the Board modified the proposed stipulation by eliminating the suspension amount of $3500.

            3.         EEB Case No. 02-038 (Martineau)  The proposed stipulation and order resolves an allegation that Sharon Martineau, a former PLIA assistant director, accepted gifts from a person(s) with whom the agency contracts.  Under the proposed agreement, Ms. Martineau agrees to pay a civil penalty in the amount of five hundred dollars ($500). 

            Results: After considering the matter in closed session, the Board modified the proposed stipulation by increasing the civil penalty to one thousand dollars ($1000).

            4.         EEB Case No. 02-042 (Wise) The proposed stipulation and order resolves an allegation that B. J. Wise, former Superintendent of Public Instruction employee, purchased stock in Scientific Learning Corporation’s (SLC) while her division transacted state business with the firm. Under the proposed agreement, Ms. Wise agrees that the conduct violated RCW 42.52.030 and agrees to pay a civil penalty in the amount of two hundred fifty dollars ($250) with one hundred and twenty-five ($125) for investigative costs.

Results: After considering the matter in closed session, the Board modified the proposed stipulation by increasing the civil penalty to one thousand dollars ($1000).

            5.         EEB Case No. 02-044 (Waller) The proposed stipulation and order resolves an allegation that Teresa Waller, an employee of the Sentencing Guideline Commission (SGC), used state resources to access internet sites regarding personal issues such as genealogy, high school classmates, department stores, movies, television, trivia, hairstyles and pet supplies.  In addition, with the knowledge of her supervisor, Ms. Waller e-mailed her co-workers lists of trivia questions to answer.  Under the proposed agreement, Ms. Waller will accept a Letter of Reprimand from the Board and will pay a civil penalty in the amount of two hundred fifty dollars ($250).  The Board agrees to suspend one hundred and fifty dollars ($150) of the civil penalty on the condition that Ms. Waller complies with all terms and conditions of the agreement and commits no further violations of the Ethics Act.

Results: After considering the matter in closed session, the Board modified the proposed stipulation by increasing the civil penalty to five hundred dollars ($500) with no amount suspended.

            6.         EEB Case No. 03-015 (Hensley) The proposed stipulation and order resolves an allegation that Terry Hensley, a Department of Social and Health Services (DSHS) employee, used state resources and a state provided computer to copy and distribute inappropriate jokes to co-workers via hardcopy and e-mail.  Under the proposed agreement, Mr. Hensley will accept a Letter of Reprimand from the Board and will pay a civil penalty in the amount of two hundred fifty dollars ($250).  The Board agrees to suspend one hundred dollars ($100) of the civil penalty on the condition that Mr. Hensley complies with all terms and conditions of the agreement and commits no further violations of the Ethics Act.

Results: After considering the matter in closed session, the Board modified the proposed stipulation by increasing the civil penalty to five hundred dollars ($500) with no amount suspended.

            7.         EEB Case No. 03-016 (Peterson) The proposed stipulation and order resolves an allegation that Randy Peterson, a DSHS supervisor, received inappropriate jokes on his state computer and distributed them to co-workers.  Under the proposed agreement, Mr. Peterson will accept a Letter of Reprimand from the Board and will pay a civil penalty in the amount of three hundred fifty dollars ($350).  The Board agrees to suspend one hundred dollars ($100) of the civil penalty on the condition that Mr. Peterson complies with all terms and conditions of the agreement and commits no further violations of the Ethics Act.

Results: After considering the matter in closed session, the Board modified the proposed stipulation by increasing the civil penalty to five hundred dollars ($500) with no amount suspended.

            8.         EEB Case No. 02-054 (Woods)  The proposed stipulation and order resolves an allegation that Carl Woods, a University of Washington (UW) employee, used state resources for personal gain when he conducted an outside business in conflict with the proper discharge of his official duties and used state employees under his direction to work for his outside business.  Under the proposed agreement, Mr. Woods will pay a civil penalty in the amount of five hundred dollars ($500) with one hundred twenty five dollars ($125) for investigative costs.  The Board agrees to suspend two hundred fifty dollars ($250) of the civil penalty on the condition that Mr. Woods complies with all terms and conditions of the agreement and commits no further violations of the Ethics Act.  

Results: After considering the matter in closed session, the Board deferred their decision until they receive direction from counsel regarding statutes governing supervisors employing subordinates.

C.        Advisory Opinions

            1.         Advisory Opinion 04-01, State Agency Website Links - Mr. Malarky briefed the Board members about changes made to the draft advisory opinion regarding state agency maintained internet links to private non-governmental web sites, including web pages that may advocate for or against a ballot initiative or a political candidate.  After extensive discussion, the Board asked the Executive Director to make several more changes and present the draft opinion to the Board at the May 14th meeting. 

            2.         Advisory Opinion 04-02, Use of State Facilities to Support Commercial Activity - Mr. Malarky provided a summary of previous discussion regarding the use of state facilities to promote commercial products.  After discussion, the Board directed the Executive Director to clarify the sections prohibiting individual state officers and employees use of state resources to support private commercial activity, unless there is statutory authority to provide such references.

D.        Agency Rule Making – The Board reviewed draft proposed changes to WAC 292-110-060, which articulates Board policy and standards of review when the Board approves non-competitive contracts between state employees and state agencies.  Due to time constraints, the Board deferred consideration of the proposed changes until the May 14, 2004 meeting.

E.         Agency Policy Review Requests

            1.         Policy Review Request No. 04-6-0204-003, Western Washington University, Consulting and Other Compensated Professional Activities - Motion was made, seconded and passed to approve the proposed policy as presented.

            2.         Policy Review Request No. 04-6-0202-002, The Evergreen State College, Email and Computer Usage by Faculty and Staff - Motion was made, seconded and passed to approve the proposed policy as presented.

            3.         Policy Review Request No. 04-6-0114-001, Board of Industrial Insurance Appeals "Use of State Resources" Policy – After some discussion, motion was made, seconded and passed to conditionally approve the proposed policy with additional language regarding prohibited uses of the internet.

F.         Staff Report

            1.         Quarterly Staff Report and Budget update

            2.         Non-binding staff analysis

            3.         Retreat Planning – The Board scheduled a retreat for June 10, 2004.

G.        Executive or Closed Session (working lunch) - At 12:00 p.m., the Board moved into executive session to consider complaints against public officials.  The Board, Board Counsel, and Board Staff attended the executive session.  At 1:00 p.m., the Board met in closed session to consider proposed stipulations and orders in several quasi-judicial maters before them.  The Board and Board Counsel attended the closed session.

H.        Public Comment/Board Member Comment – There were no public or Board member comments.  

I.          Miscellaneous Matters/Adjournment.  After reconvening the public session at 1:45 p.m., the Board announced the following actions: 

            The Board accepted the proposed stipulation and order in EEB Case No. 02-035 (Wilcox).

            The Board accepted the stipulation and order in EEB Case No. 02-036 (Lewis) with a modification that eliminates any suspended amount of the civil penalty.

            The Board accepted the stipulation and order in EEB Case No. 02-038 (Martineau) with a modification that increases the civil penalty to $1000.

            The Board accepted the stipulation and order in EEB Case No. 02-042 (Wise) with a modification that increases the civil penalty to $1000.

            The Board accepted the stipulation and order in EEB Case No. 02-044 (Waller) with a modification that increases the civil penalty to $500 with no amount suspended.

            The Board accepted the stipulation and order in EEB Case No. 03-015 (Hensley) with a modification that increases the civil penalty to $500 with no amount suspended.

            The Board accepted the stipulation and order in EEB Case No. 03-016 (Peterson) with a modification that increases the civil penalty to $500 with no amount suspended.

            The Board deferred its decision in EEB Case No. 02-054 (Woods) until they receive direction from counsel regarding statutes governing supervisors employing subordinates.

            The Board found Reasonable Cause to believe that a violation of the Ethics Act occurred in EEB Case No. 02-050.

 

            The Board found No Reasonable Cause to believe that a violation of the Ethics Act occurred in EEB Case No. 03-063, 03-064, 03-076, 03-077, 03-080, and 03-089.

 

            The Board upheld Executive Director Dismissals in EEB Case Nos. 03-079 and 03-126 and issued a written order to that effect.

 

      The meeting adjourned at 2:00 p.m.