The Executive Ethics Board convened in Regular Session at 1:10 p.m., in the Lee Ann Miller AGO Conference Center, Building 1, Rowe Six, Lacey, Washington.

1. PRELIMINARY BUSINESS

All Board members were present. Also present were Executive Secretary Meg Grimaldi and Counsel William B. Collins.

Chair Rohret asked if there were any changes to the agenda. No changes were noted. Ms. Lim moved to approve the agenda as presented. Ms. Basu seconded the motion and the Board unanimously approved the agenda.

Ms. Lim moved to approve the minutes as written. Ms. Basu seconded the motion and the Board unanimously approved.

a. (Draft 00-04). Ms. Grimaldi briefed the Board on a draft opinion relating to potential conflict of interest concerns stemming from an outside employment situation at the Department of Natural Resources (DNR). The draft opinion addressed two questions: (1) whether a state employee who works in a non-regulatory capacity can accept outside employment with a company that is regulated by the employee's agency; and, (2) whether a conflict of interest is created if the employee's performance of outside duties affects whether the employer could be regulated by the employee's state agency. Mr. Vache asked counsel for a point of clarification on RCW 42.52.020 and whether the Board had interpreted the meaning of this provision. Mr. Collins responded that an interpretation has not been specifically addressed. Ms. Lim stated the provision was generally applied to potential conflicts. The Board heard comments and clarifications from John Daly, Deputy Supervisor; Fennelle Miller, Region Archaeologist, and Lou Ann Dunlap-Gordon, Personnel Consultant, from the DNR. Discussion followed on the distinction between the proprietary and regulatory functions of the agency. Mr. Collins asked whether the Board would like an alternative draft relating to the effect of outside employment on regulatory action by a state agency. The Board agreed that staff should draft an alternative opinion.

b. (Agenda Discussion Amended)(Draft 00-06). The Board considered draft Advisory Opinion 00-06 in response to a request from the Department of Transportation concerning receipt of a $1000 cash award that accompanies the L. I. Hewes Award for engineering achievement, paid travel and lodging expenses for the recipient and his or her spouse, and a plaque. Ms. Grimaldi briefed the Board on the exemptions under RCW 42.52.010(10) and RCW 42.52.150 that would allow receipt of the award and related gifts under the state's ethics law. Ms. Basu moved to approve the draft. Ms. Lim seconded. No discussion followed. The Board unanimously approved the draft as written.

c. (Agenda Discussion Amended)(Draft 00-05). The Board considered draft Advisory Opinion 00-05 in response to a request from the Department of Transportation concerning receipt of cash awards from the Western Association of State and Highway Transportation Officials (WASHTO). Sid Morrison, Secretary, Department of Transportation explained that the agency decides who should receive the awards and not WASHTO, and applauded the Board for approving receipt of the L.I. Hewes Award. The Board agreed that cash awards of $100 would violate RCW 42.52.150(1), but stated that awards of $50 or less could be accepted. Ms. Lim moved to approve the draft. Mr. Vache seconded. The Board unanimously approved the draft as written.

3. CONTRACT REVIEW.

a. (Cederholm, DNR). Ms. Grimaldi briefed the Board on a request from Mr. Cederholm, Department of Natural Resources, to provide watershed/salmon ecology classes for the Washington Conservation Corps through contracts with the Department of Ecology and the Employment Security Department. Mr. Cederholm was present to answer questions and provided information about his state position and private business. Mr. Lenny Young, Division Manager, DNR Business Systems and Support, also responded to questions. Discussion followed on personal services contracting and interagency agreements. Mr. Vache stated the Board should rule on this particular request, and moved to accept the staff recommendation to decline approval of the contract. Ms. Basu seconded the motion. The Board unanimously agree to decline approval of the contract.

b. (Hodge, WSU). Ms. Grimaldi briefed the Board on a request from Mr. Hodge, an academic counselor at Washington State University, to contract to provide inflatable bouncers for university events. Ms. Lim moved to accept the staff recommendation and approve the contract. Ms. Fields seconded the motion. The Board unanimously approved the contract.

STAFF REPORT. None.

PUBLIC/BOARD MEMBER COMMENTS. None.

ADJOURNMENT. The public meeting adjourned at 4:15 p.m.

Approved by the Executive Ethics Board on May 12, 2000.

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MARGARET A. GRIMALDI, Executive Secretary

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