WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– 4th Floor Conference Room – Olympia, WA

May 9, 2014

Regular Meeting Minutes

 

 

A.    Preliminary Business

1.     Roll Call

The regular meeting of the Washington State Executive Ethics Board (Board) was called to order by Chair Lisa Marsh at 9:00 a.m.  In attendance were Members Matthew Williams and Samantha Simmons. Board staff in attendance included:  Acting Executive Director Evelyn Fielding Lopez, Assistant Attorney General Bruce Turcott, Assistant Attorney General Chad Standifer, Investigator David Killeen and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Ruthann Bryant noted that the agenda was revised to add an additional Stipulated Facts, Conclusions and Order.

 

Motion 14-021 Moved by Member Williams, seconded by Member Simmons:

 

The Board approves the May 9, 2014 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the March 14, 2014 Meeting Minutes

Bruce Turcott noted that he was not present at the March meeting and requested that his name be removed from the Roll Call portion of the minutes.

       

Motion 14-022 Moved by Member Williams, seconded by Member Simmons:  

 

The Board approves the March 14, 2014 minutes as amended.

 

The motion passed unanimously.

 

B.    Enforcement Matters

EEB Case 2010-018 (Diaz)

Chad Standifer briefly summarized a Thurston County Superior Court Order regarding Jose Diaz and discussed the Board’s options of either issuing a new order based on the current administrative record or setting the matter for an additional hearing.  Board staff recommended issuing a new order based on the current administrative record.

Fredrick Gautschi, attorney for Mr. Diaz, was present and addressed the Board.  He also requested that the Board read the transcript prior to making a decision on whether to rewrite the order or hold a new hearing.

The Board will deliberate on this matter in their Closed session.

Stipulations

EEB Case No. 2013-009 (Perry)

Mr. Standifer briefed the Board on a proposed stipulation and order in the matter of Cathy Perry. Ms. Perry agreed that she may have violated RCW 42.52.160 when she falsified time and attendance records by not appropriately accounting for leave and attendance on timesheets as well as not submitting the required leave requests. The stipulation proposes a penalty of $2,500 with $1,750 suspended.

EEB Case No. 2013-017 (Blake)

David Killeen briefed the Board on the proposed stipulation and order in the matter of Lesley Blake. Dr. Blake agreed that she may have violated RCW 42.52.160, when she accepted honoraria from pharmaceutical companies to promote their products to the state. Dr. Blake also agreed that she may have used state resources to conduct promotional lectures for Jenssen Pharmaceuticals and accepted payment for her appearances on many occasions.  The stipulation proposes a penalty of $10,000 with $2,500 suspended.

EEB Case No. 2013-045 (Koska)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Ted Koska.  Mr. Koska agreed that he may have violated RCW 42.52.160 when he used state resources to promote/support an outside non-profit organization of which he was a board member. The stipulation proposes a penalty of $500 with $250 suspended.

EEB Case No. 2013-051 (George)

Mr. Killeen briefed the Board on the proposed stipulation and order in the matter of Sharon George.  Ms. George agreed that she may have violated RCW 42.52.160 when she used state resources to support her outside business.  The stipulation proposes issuing a Letter of Instruction, including a requirement that she complete the online Ethics Challenge.

The Board deferred action on all stipulations until after their Closed session.

Executive Director Dismissals

EEB Case No. 2013-044 (Rogers), EEB Case No. 2014-001 (Nessinger), EEB Case No. 2014-010 (Ortiz), EEB Case No. 2014-011 (Strobert), EEB Case 2014-012 (Lindstrand) and EEB Case No. 2014-013 (Wilks)

Evelyn Fielding Lopez summarized six ED Dismissals.

 

 

C.    Policy Reviews

Ruthann Bryant reported an Ethical Conduct Policy submitted by the Department of Enterprise Services (DES) and recommended Board approval.

 

Chair Marsh expressed concern regarding Item P under Outside Employment. Since it is conjunctive, she was not clear on whether it fit within the prevue of the Ethics Act. She requested that staff ask DES for clarification prior to approval of the policy.

 

D.    Staff Reports

1.  Acting Executive Director’s Report

Evelyn Fielding Lopez briefly summarized her background with the Office of the Attorney General and as the Labor and Industries Division Chief. She also shared her vision for the Board and added that she welcomed discussions with the members, ethics advisors and the public to share their thoughts on how we might better improve our services.

 

2.  AAG Report

Bruce Turcott reported on new legislation requiring Board member training regarding the Open Public Meetings Act and said he would conduct the training at the Board retreat.

 

3.  Other Staff Reports

 

Ruthann Bryant discussed the Board’s upcoming retreat and suggested developing a new Strategic Plan and requested that members think of topics they would like to discuss

 

E.    Public Comment/Board Member Comment

Lynn Hendrickson, Ethics Advisor for the Board of Industrial Insurance Appeals, commented that the Advisory Opinions need updated as well as Use of State Resources materials.

F.    Executive/Closed Session

At 9:47 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 10:34 a.m. the Board returned to regular session and reported the following:

 

 

 

 

 

Motion 14-023 Moved by Chair Marsh, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case 2013-009, Cathy Perry, as presented.

 

The motion passed unanimously.

 

Motion 14-024 Moved by Chair Marsh, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case 2013-017, Lesley Blake, as presented.

 

The motion passed unanimously.

 

Motion 14-025 Moved by Chair Marsh, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case 2013-045, Ted Koska, as presented.

 

Voting For:  Chair Marsh and Member Williams.

Not Voting:  Member Simmons.

 

Motion 14-026 Moved by Chair George, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case 2013-051, Sharon George, as presented.

 

The motion passed unanimously.

 

Motion 14-027 Moved by Chair Marsh, seconded by Member Williams:

 

The Board finds Dismissed EEB Case No. 2013-012 Raymond Thomas.

 

The motion passed unanimously.

 

 

 

Motion 14-028 Moved by Chair Marsh, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-048 Wilbur Reed.

 

The motion passed unanimously.

 

Motion 14-029 Moved by Chair Marsh, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-049 Joe Brown.

 

The motion passed unanimously.

 

Motion 14-030 Moved by Chair Marsh, seconded by Member Williams:

 

The Board finds No Reasonable Cause in EEB Case No. 2013-050 Ron Thompson.

 

The motion passed unanimously.

 

Motion 14-031 Moved by Chair Marsh, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2014-009 April Messenger.

 

The motion passed unanimously.

 

 

G.   Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 10:36 a.m.

 

Approved by the Board 7/11/14