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