STATE OF WASHINGTON
EXECUTIVE ETHICS BOARD
REGULAR BOARD MEETING
April 20, 2001
The Executive Ethics Board convened in regular session at 10:37 a.m. at 12806 Gateway Drive, L&I Field Service Facility, Tukwila, Washington.
James M. Vaché, Chair
Laquita Fields, Vice Chair
Cheryl Rohret, Board Member
Marilee Scarbrough, Board Member
Brian Malarky, Executive Director
William Collins, Counsel to the Board
Jerri Thomas, Counsel to Executive Director
1. Preliminary Business
a. Roll call - Board members James Vaché, Cheryl Rohret, Laquita Fields, and Marilee Scarbrough were present.
b. Approval of Agenda - The Agenda was approved.
c. Approval of Minutes From March 9, 2001, Regular Meeting - The minutes from the April 20, 2001 regular meeting were approved. Member Rohret moved and Member Fields seconded a motion to approve minutes. Motion passed.
Members welcomed new Board member, Marilee Scarbrough and expressed appreciation to the Governor's office for the appointment.
3. Congratulations To Jerri And Debbie - Winners Of AG Golden Gavel Award
James Vaché briefed the members and audience on Jerri Thomas and Debbie O'Dell's receipt of the Attorney General's Golden Gavel Award.
4. EEB Case No. 99-12 Presentation Of Stipulation And Order
Executive Director, Brian Malarky, presented proposed Stipulation and Order in EEB Case No. 99-12 (Traci Edlin).
5. EEB Case No. 99-13 Presentation Of Stipulation And Order
Executive Director, Brian Malarky, presented proposed Stipulation and Order in EEB Case No. 99-12 (Walter Bronowitz). James Vaché noted that the Order had yet to be signed by respondent's counsel. Jerri Thomas explained the language "…will testify truthfully…" means the respondent is expected to testify in a related case.
6. Draft Advisory Opinion 01-03, Conflict of Interest - Current State Employee Who May Receive Royalties from an Agency Vendor
The Executive Director briefed this redrafted opinion. The request involved a Washington State Lottery District Sales Representative ("Sales Representative") who formed an outside business or professional relationship with a Lottery vendor ("Lottery Vendor"). The Sales Representative's duties include making discretionary decisions regarding the distribution of the Lottery Vendor's products. The Board approved the redraft as written. The redraft included an additional paragraph regarding the facts cited in the opinion. Chair Vaché noted that the final opinion should include a RCW 42.52.020 cite in the reference list. Member Fields moved and Member Rohret seconded a motion to approve the redraft as written with the addition of the RCW reference. Motion passed.
7. Draft Advisory Opinion Request # 01-2-0205-15, Conflict of Interest - Issuing Personal Service Contracts To Officers Of A State Agency.
Executive Director, Brian Malarky, briefed the Members on this draft opinion. The request arises out of an inquiry regarding personal service contracts between the Association and members of the Association's board of directors. This opinion concerns RCW 42.52.030, RCW 42.52. 040, and RCW 42.52.120 which govern financial interests in state contracts, assistance in state transactions, and outside employment. WSSDA representatives offered comments and answered questions from the Board. A preliminary decision by the Board indicates they feel there is a violation of RCW 42.52.120 if the three officers are compensated. The Board asked the Executive Director to draft an opinion which would allow uncompensated WSSDA Board members to enter into personnel services contracts with the agency so long as they recused themselves from participating in the contracting process.
8. Draft Advisory Opinion Request # 01-2-0228-54, Use of State Resources - State Employee's Use Of A State Vehicle To Attend Union Meetings.
The Executive Director briefed this opinion. The request addressed the use of state vehicles to attend union shop meetings. In addition to this specific request, several bargaining unit representatives and agency human resource managers have approached the Executive Director regarding the use of agency facilities to distribute union newsletters and petitions to the state legislature. These requests for advice involve an agency head's authority to negotiate terms of a collective bargaining contract that may contradict the provisions of WAC 292-110-010 and RCW 42.52.160.
In addition to the Executive Director's memo regarding a potential advisory opinion the Board reviewed a response to the Executive Director's memo from WPEA. After discussion the Board members declined to issue an opinion and opted to invite the Unions, PRB, PERC, and the public to participate in a rule making regarding this issue.
BREAK FROM 1:10 P.M. TO 1:30 P.M. FOR LUNCH
RECONVENED AT 1:33 P.M.
9. Rules Update
Executive Director asked the members to review the proposed changes on their own time and bring any issues to the hearing on May 11, 2001. Need to add 292-100-047 (Purpose) and review WAC 292-130-130(2)(d) and (3) for errors.
10. Policy Reviews
a. ESD - Policy Review No. 01-6-0222-47 "Agency Information Technology Systems" - Member Rohret moved and Member Scarbrough seconded a motion to approve policy as written. Motion passed.
b. ESD - Policy Review No. 01-6-0222-78 "Fund-Raising for Charitable Purposes" - Member Fields moved and Member Scarbrough seconded a motion to approve policy as written. Motion passed.
c. WSU - Policy Review No. 01-6-0312-58 "Personal Use of State Resources" and "Summary of Ethics Law and Policies" - Member Rohret moved and Member Scarbrough seconded a motion to approve policy as written. Motion passed.
d. HCA - Policy Review No. 01-6-0321-68 "Using Palm Hand Held Computing Devices" - Member Scarbrough moved and Member Rohret seconded a motion to approve policy as written. Motion passed.
e. DOT - Policy Review No. 01-06-0315-63 "Ethics in Public Service" - Member Rohret moved and Member Scarbrough seconded a motion to approve policy as written. Motion passed.
11. Staff Report
a. Update on Advisory Opinion Request # 01-2-0208-23, Use of State Resources - The Executive Director noted that the opinion is on hold pending the outcome of a case regarding the same matter.
b. Informal Staff Analysis - The Executive Director briefed an informal staff analysis regarding a contract at Western Washington University. Based on the staff analysis the University withdrew the contract.
c. Retreat - The Executive Director briefed a meeting with Governor's Quality Expert.
d. Reorganization of Attorney General's Office - The Executive Director shared information regarding the new Division Chiefs appointed by AG Christine Gregoire. These new appointments affect who will now represent the Board and the Executive Director.
e. Case Status Report - No discussion.
f. Budget Update - No discussion
g. Proposed Rule Changes (CR101) - The Board will review two draft CR101's at it next meeting. The CR101's will initiate a redraft and clarification of WAC 292-110-010 regarding the de minimis use State resources and WAC 292-120 regarding penalties imposed by the Board.
h. Statewide Ethics Conference in 2002 - The Board indicated an interest in participating in the 2002 statewide Ethics conference.
12. Public Comment/Board Member Comments
REGULAR MEETING ADJOURNED AT 3:10 P.M.
13. Executive Session
14. Miscellaneous Matters/Adjournment
The Board accepted the Stipulation and Orders in Case No.'s 99-12 and 99-13.
James M. Vaché, Chair