WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– 1st Floor Conference Room 148 – Olympia, WA

 

April 11, 2008

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 Judy Golberg at 9:00 a.m.  Melanie de Leon introduced new member Mike Connelly. Member Connelly is the City Attorney for the City of Spokane Valley and a former member of the Public Disclosure Commission. Members and staff welcomed him to the Board.

 

Also in attendance were Vice Chair Neil Gorrell and Members Evelyn Yenson and Linnaea Jablonski. Board staff in attendance included:  Executive Director Melanie de Leon, Senior Assistant Attorney General Linda Moran, Assistant Attorney General Ted Miller, Administrative Officer Ruthann Bryant and Investigators Nancy Lewin and Sue Jones. 

 

2.    Approval of Agenda

Melanie de Leon noted that an agenda revision added a review and approval of a stipulation in EEB Case #07-005 under Item B Enforcement Matter.

 

Motion 08-011 Moved by Vice Chair Gorrell, seconded by Member Jablonski:

 

The Board approves the April 11, 2008 agenda as amended.

 

The motion passed unanimously.

 

3.    Approval of March 14, 2008 Meeting Minutes

Member Yenson requested specific case information be added under Item G regarding the Final Order of Dismissal.

        

Motion 08-012 Moved by Member Jablonski, seconded by Vice Chair Gorrell:

 

The Board approves the March 14, 2008 minutes as amended.

 

Voting For:  Chair Golberg, Vice Chair Gorrell and Members             Yenson and Jablonski

Abstaining:  Member Connelly

 

The motion passed.

 

Approval of March 31, 2008 Meeting Minutes

 

Motion 08-013 Moved by Member Yenson, seconded by Member Jablonski:

 

The Board approves the March 31, 2008 minutes as presented.

 

Voting for:  Chair Golberg and Members Yenson and Jablonski

Abstaining:  Vice Chair Gorrell and Member Connelly

 

The motion passed.

 

B.   Enforcement Matters

         Approval of Stipulated Facts, Conclusion and Orders

            EEB Case No. 07-051 (Ricardo McNeely)

Nancy Lewin briefed the Board on the proposed stipulation and order. Mr. McNeely agreed that he violated RCW 42.52.160 when he used state resources for personal use and to conduct a tax preparation business on behalf of H&R Block. The parties agreed that Mr. McNeely would pay a $1,500 penalty. The Board’s deliberation on the proposal was deferred until closed session.

Member Connelly asked how penalty amounts are determined and if there is a schedule of fines for consistency purposes.

Ms. Lewin noted that case comparisons would be provided in executive session.

 

            EEB Case No. 07-005 (Angela Gelencser)

Sue Jones briefed the Board on the proposed stipulation and order. Ms. Gelencser agreed that she violated RCW 42.52.160 when she used state resources, including the state computer, Internet, time and e-mail for non-work related purposes and to pursue her private business interests. The parties agreed that Ms. Gelencser would pay a $500.00 penalty with $250.00 suspended.

Vice Chair Gorrell expressed his concern with the lack of a time limit on the suspended portion of the penalty.

The Board’s deliberation on the proposal was deferred until closed session.

 

C.  Staff Reports

1.  Executive Director’s Report

Melanie de Leon summarized her activity report for February, highlighting upcoming training events scheduled around the state including a weeklong trip to different agencies in Eastern Washington. She also reported that she is currently developing training “minutes” for supervisors to use during monthly staff meetings and will be looking at the Train-the-Trainer program and interactive training.

 

Ms. de Leon reported that a request has been made by a constituent asking the Board to define Ethics. Following discussion, the consensus of the Board is that it is the duty of the Legislature to define Ethics in statute.

 

Ms. de Leon asked the Board’s opinion on whether it would be a violation of RCW 42.52.160 Use of state resources, if a private website included a link to a state website. Vice Chair Gorrell noted that the Board does not have authority over private websites. The Board concurred.

 

Ms. de Leon also briefly discussed discounts to state employees and whether providing a list of available employee discounts on an agency intranet is considered promoting an outside business.  The Board instructed staff to put the topic on the retreat agenda for further discussion.

 

2.  AAG Report

Senior AAG Linda Moran reported on plans to begin conducting ethics training for all new Office of the Attorney General employees.

AAG Ted Miller provided an update on Teresa Knudsen’s appeal to the Court of Appeals Division III, regarding the Board’s finding that she used state resources to lobby the Legislature.  He also noted that he is working with the Office of Administrative Hearings to develop a timeline regarding the Linda Evans case.

 

3.  Other Staff Reports

Ruthann Bryant noted that she is currently taking part in a pilot program for the latest version of Adobe Acrobat which will enable the members to add post it notes and comments to their electronic meeting materials.

 

F.  Public Comment/Board Member Comments

      No public or Board member comments were provided.

 

G.  Executive or Closed Session

At 10:17 a.m. the Board moved into Executive/Closed Session to discuss potential litigation, deliberate and to receive and evaluate complaints against state employees and officers. 

      At 11:00 a.m. the Board returned to regular session and took the following action:

      

Motion 08-014 Moved by Member Connelly, seconded by Vice Chair Gorrell:

 

The Board accepts the Stipulated Facts, Conclusion and Order in EEB Case #07-051, Ricardo McNeely as presented.

 

The motion passed unanimously.

 

 

Motion 08-015 Moved by Vice Chair Gorrell, seconded by Member Connelly:

 

The Board amends page 8 under 4.1 of the Stipulated Facts, Conclusion and Order in EEB Case #07-005, Angela Gelencser, to read The Board agrees to suspend $250.00 on the condition that Ms. Gelencser complies with all terms and conditions of this Stipulation and Order and commits no further violation of chapter 42.52 RCW for a period of three years from the date this agreement is executed.

 

Voting For:  Chair Golberg, Vice Chair Gorrell and Members             Jablonski and Connelly

Voting Against:  Member Yenson

 

The motion passed.

 

Motion 08-016 Moved by Vice Chair Gorrell, seconded by Member Jablonski:

 

The Board affirms the Order of Dismissal in EEB Case #08-012, Christine Gregoire and issues a written Final Order.

 

Voting For:  Chair Golberg, Vice Chair Gorrell and Members             Yenson and Jablonski

Abstaining:  Member Connelly

 

The motion passed.

 

Motion 08-017 Moved by Vice Chair Gorrell, seconded by Member Jablonski:

 

The Board affirms the Order of Dismissal in EEB Case #08-012, Christine Gregoire, as presented

 

Voting For:  Chair Golberg, Vice Chair Gorrell and Members             Yenson and Jablonski

Abstaining:  Member Connelly

 

The motion passed.

 

Motion 08-018 Moved by Vice Chair Gorrell, seconded by Member Jablonski:

 

The Board accepts the Amended Final Order of Dismissal EEB Case #07-018, Jeff Koenings, as presented.

 

The motion passed unanimously.

 

Motion 08-019 Moved by Member Connelly, seconded by Member Yenson:

 

The Board finds no reasonable cause based on the Office of the State Auditor’s investigation in EEB Case #08-101, Rob McKenna.

 

The motion passed unanimously.

 

 

H.   Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:09 a.m.

 

Approved by the Board 5/09/08