The regular meeting of the Washington State Executive Ethics Board
(EEB) was called to order by Vice Chair Evelyn Yenson at Also present were Members Neil Gorrell and JudyGolberg. Member PaulZellinsky was present via telephone and Chair
Trish Akana was excused.Board staff in
attendance included:Executive Director SusanHarris, SeniorAssistant Attorney GeneralLindaMoran, Assistant Attorney General MikeTribble, Administrative Officer Ruthann Bryant
and Investigators Nancy Lewin and SueJones.
2.Approval of Agenda
Motion 06-026Moved by Member Golberg, seconded by Member Gorrell:
The Board approves the April 14, 2006
The motion passed unanimously.
3.Approval of March 10, 2006
by Member Golberg, seconded by Member Gorrell:
Board approves the March 10, 2006 minutes as written.
The motion passed unanimously.
B.Advisory Opinion Requests
1.Review and possible approval of amended Advisory Opinion 01-02
Susan Harris presented a draft amended Advisory Opinion 01-02,
Membership in Non-State Organizations that are Affected by State Agency
Decisions, which incorporates changes brought forward at the March 10, 2006
meeting. She briefly discussed each of the changes.
Member Gorrell suggested adding quotes around the word “persons”
on page two, paragraph 3 and requested adding “by itself” after “card-carrying
member” both on page one, paragraph 2 and on page four, second paragraph.
The Board concurred with the changes and directed staff to
finalize the opinion.
2.Can a state employee use the electricity from
a power outlet at a state owned or leased facility to charge a personal
electric vehicle that is used to commute to work?
Ms.Harris also presented a request for an advisory
opinion on whether a state employee can use the electricity at a state owned or
leased facility to charge a personal electric vehicle. She also summarized
Executive Order 05-01, Establishing Sustainability and Efficiency Goals for
State Operations. The Executive Order requires that all new state buildings be
certified to the U.S. Green Building council Leadership in Energy and
Environmental Design (Silver Standard) or the Washington State Department of
General Administration. To obtain this certification, new state buildings
include electrical power outlets in the parking lots. However, the order speaks
to state vehicles and does not address the issue of personal all electric
vehicles.She also discussed the
Commuter Trip Reduction program and noted that KingCounty was faced with a similar issue in
February and has developed a pilot program.
Department of Transportation’s facilities coordinator, Michele
Brady, discussed DOT’s policies regarding the18 spots designated for car pool
vehicles at the Tumwater building and provided background on the request. She
noted that DOT has also considered the issue of reimbursement. DOT’s ethics
advisor, SteveMcKerney was also present.
The employee, Mr.JeraldDodson, addressed the Board and estimated that
it would cost the state 80 cents per day for him to plug in his vehicle. He
also thanked the Board for their consideration.
The Board commended Mr.Dodson for his efforts and, after a lengthy
discussion, requested that staff work with DOT, the Department of General
Administration and legal counsel to gather more information and bring the
matter to a future meeting.
1.Executive Director’s Report
SusanHarris announced that it was LindaMoran’s final meeting as the Board’s counsel
since Linda was transferred to the position as
Division Chief in the Tacoma office. She thanked Linda for her assistance, hard work and
dedication. Vice Chair Evelyn Yenson thanked Linda on behalf of the Board and Member Zellinsky expressed his
appreciation and wished Linda the very best in the future.
Linda thanked the Board for their support and
noted that NancyKrier would be taking over as the Board’s
Ms.Harris briefly summarized quarterly progress on
the strategic plan highlighting accomplishments in the website, preparations
for the upcoming ethics conference and training.She also introduced WallyVlasak, who has contracted with the Department
of Personnel to provide Ethics training around the state. Mr.Vlasak currently has 74 trainings scheduled
through June 2007. She also discussed the current budget and the status of
Ms.Harris also reported on EEB’s division visit by
General RobMcKenna. Staff and Chair Akana sat with General McKenna and discussed case load and
accomplishments of the past year. Chair Akana requested that the Board’s annual
report be incorporated into the Attorney General’s annual report in the future.
Ms.Harris reported on preparations for the July
retreat and priority items for discussion. Member Gorrell requested that Open
Public Meetings, Executive/Closed session and member voting be added to the
discussion list. Ms.Harris noted that Member Zellinsky’s term will
be ending in September and recruitment for a new member is a priority.
2.Other Staff Reports
Assistant Attorney General MikeTribble updated the Board on discussions with
the State Auditor’s Office regarding investigations of Whistleblower
D.Public Comment/Board Member Comments
NancyKennedy, with the American Federation of
Teachers, inquired about the upcoming opening on the Board.
presided over the enforcement hearing of Lisa Bird Rolfs, EEB Case No. 03-023
for alleged violations of RCW 42.52.160 when she used her state computer to
send email to the 179 Department of Retirement Services member employees
relating to Washington Public Employees Association business.
introduced Board staff Assistant Attorney
General MikeTribble and
Attorney Lawrence Schwerin, representing Ms.BirdRolfs.
She also introduced Board members and staff and briefly discussed the
enforcement hearing process.
summarized the case against Lisa Bird Rolfs in his opening statement and,
relying on the documents presented and Exhibits in evidence, did not call any
argued that Ms.BirdRolfs’
actions went beyond the scope of allowable activities and was not related to
the negotiation or administration of the Collective Bargaining Agreement.
also made an opening statement and called Lisa Bird Rolfs to testify. Ms.BirdRolfs was
the job representative for the Washington Public Employees Association member
of the Department of Retirement Services, as well as the chapter president. She
stated that she believes forwarding the emails was within the guidelines of the
Collecting Bargaining Agreement because she was engaged in the “maintenance,”
or “administration” of the contract. She added that although she did not
receive prior approval from her supervisor before forwarding the emails, she
did ask the WPEA representative if sending the email to the 179 member
employees would be acceptable, and was told it was.
Following closing argument, Judge
concluded the hearing at
There being no
miscellaneous matters, the meeting was adjourned at