WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 1st
Floor Conference Room 148 – Olympia, WA
April 10, 2009
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 Neil Gorrell at 9:00 a.m. In attendance were Vice Chair Linnaea
Jablonski, Members Golberg and Connelly. Member Biegelman was present via
telephone. Board staff in attendance
included: Executive Director Melanie de
Leon, Senior Counsel Jerry Anderson, Assistant Attorney General Mickey
Newberry, Administrative Officer Ruthann Bryant, and Investigators Nancy Lewin
and Sue Jones.
2. Approval of Agenda
Motion 09-017 Moved by Member Golberg,
seconded by Vice Chair Jablonski:
The Board approves the April
10, 2009 agenda as presented.
The motion passed unanimously.
3. Approval of the March 13, 2009 Meeting Minutes
Motion 09-018 Moved by Member Connelly,
seconded by Vice Chair Jablonski:
The Board approves the March 13, 2009 minutes as presented.
The motion passed unanimously.
B.
Enforcement Matters
EEB Case 2008-008 Tom
Rockey
Administrative
Law Judge Rebekah Ross presided over the Summary Judgment hearing of Tom Rockey,
EEB Case No. 08-008, for alleged violations of RCW 42.52 when he removed copies
of Windows XP software CDs from a dumpster at Central Washington University
property and sold the software on eBay for personal profit.
Judge Ross introduced Board staff Assistant Attorney General Mickey
Newberry and Attorney Janel Ostrem representing Mr. Rockey. She also introduced
Board members and staff and briefly discussed the enforcement hearing process. Chair
Gorrell noted that his office has a pending job application from Judge Ross,
but it is not in any way related to the case at hand. Member Biegelman stated that he is a
Microsoft employee and recused himself from the hearing and all matters related
to this case.
Mickey Newberry summarized the case against Mr. Rockey. And Ms.
Ostrem also made an opening statement. Neither side called witnesses to
testify.
Judge Ross concluded the hearing at 10:30 a.m.
Approval of Stipulated Facts,
Conclusion and Order
EEB Case No. 08-124 (Zebley)
Nancy Lewin briefed the Board on the proposed stipulation and
order. Ms. Zebley agreed that she violated RCW 42.52.160, when she used state
resources for private gain.
The Board deferred action until after closed session.
Executive Director Dismissal – EEB
Case #08-129 (Schellberg)
Melanie de Leon briefly summarized an
Executive Director dismissal.
C. Legislation
Ms.
de Leon noted that session will end on April 26 and the focus has been on
finalizing a budget.
D. Advisory Opinion Review
Nancy
Lewin briefly updated that the Ethics in Public Service Act, RCW 42.52, applies
to individual state officers and employees, not to agencies. As a result, the
Board has held the opinion that gifts given to the state or a state agency are
not subject to the gift limitations found in RCW 42.52.140. However, a conflict
has been created between the Advisory Opinions that staff is asking the Board
to clarify. She added that the Board first heard this issue at the March 13th
meeting and requested a legal analysis on the definition of jurisdiction for
presentation this month. Senior Counsel
Jerry Anderson noted that he would prepare written comments for the May
meeting.
Ms.
Lewin also discussed AO 96-05, which defines a regulatory agency and adopts an
analysis for determining which regulatory agency employees are subject to gift
restrictions contained in RCW 42.52.150(4), commonly called “Section 4
employees.” When the opinion was issued,
it considered two analyses that could be used to identify Section 4
employees: a transactional analysis and
a functional analysis. Ms. Lewin requested that the Board either affirm the
decision of the prior board that the functional analysis is the correct
analysis to apply, or to retire that opinion in favor of adoption of a
transactional analysis.
The
Board directed staff to rewrite the opinion and further discussion will occur
at a future meeting.
E. Staff Reports
1. Executive Director’s Report
Melanie de Leon reported that staff will be moving to the Capitol
Court building in downtown Olympia on April 28.
She updated the Board on the budget and noted that the current half time
office assistant position has been abolished.
2. AAG Report
Senior Counsel Jerry Anderson noted that the Licensing and
Administrative Law Division has a new Division Chief, Diane McDaniel.
AAG Mickey Newberry provided a brief update on current cases.
3. Other Staff Reports
No other staff reports were given.
F. Public Comment/Board Member Comment
Linda
Hendrickson with the Board of Industrial Insurance Appeals,
commented that a functional analysis regarding Advisory Opinion 96-05 is easier
to apply from a management position.
G. Closed Session
At
11:30 a.m. Chair Gorrell noted there were no executive session items and the
Board moved into Closed Session to deliberate on quasi-judicial matters.
At 12:20 p.m. the Board
returned to regular session and reported the following:
Motion 09-019 Moved by Member Connelly,
seconded by Vice Chair Jablonski:
The Board accepts the Stipulated Facts, Conclusion and Order in
EEB Case #08-124, Rachel Zebley, as presented.
The motion passed
unanimously.
Motion 09-020 Moved by Member Connelly,
seconded by Vice Chair Jablonski:
The Board finds Reasonable Cause in EEB Case #06-035, Paulette
Nelson and 08-128, John Petruzzelli.
The motion passed
unanimously.
Motion 09-021 Moved by Member Connelly,
seconded by Vice Chair Jablonski
The Board dismissed EEB Case #08-131, Doug Sutherland.
The motion passed
unanimously.
Motion 09-022 Moved by Member Connelly,
seconded by Vice Chair Jablonski
The Board determined that it maintains jurisdiction and that a
violation had occurred in EEB Case #08-008, Tom Rockey.
The motion passed
unanimously.
In addition, a hearing on
the penalty portion of EEB Case #08-008, Tom Rockey, will be scheduled for the
May 8th meeting.
I. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 12:25 p.m.
Approved by the Board 6/12/09