WASHINGTON STATE

EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– Conference Room 148 – Olympia, WA

May 10, 2013

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. Vice Chair Anna Dudek Ross was absent. Board staff in attendance included: Executive Director Melanie de Leon, Assistant Attorney General Bruce Turcott, Investigator David Killeen and Administrative Officer Ruthann Bryant.

2. Approval of Agenda

Motion 13-016 Moved by Member Williams, seconded by Member Simmons:

The Board approves the May 10, 2013 agenda as presented.

The motion passed unanimously.

3. Approval of the March 8, 2013 Meeting Minutes

Motion 13-017 Moved by Member Williams, seconded by Member Simmons:

The Board approves the March 8, 2013 minutes as presented.

The motion passed unanimously.

B. Enforcement Matters

Stipulations

EEB Case No. 2010-022 (Ling)

Melanie de Leon briefed the Board on a proposed stipulation and order in the matter of Les Ling. Mr. Ling agreed that he may have violated RCW 42.52.160 when he used state resources (agency time, computer and email) during work hours to conduct unauthorized and non-agency related activities. The stipulation proposes a penalty of $2,500 with $1,000 suspended.

EEB Case No. 2012-037 (Buss)

David Killeen briefed the Board on the proposed stipulation and order in the matter of Dennis Buss. Mr. Buss agreed that he may have violated RCW 42.52.160 and .070 for using state resources for personal gain and for using his position to secure a special privilege. Evidence indicated that Mr. Buss used inmate labor to dismantle a private trailer located on McNeil Island, then brought his personal vehicle onto the island to remove the modified trailer using the state barge. In the course of dismantling the trailer, an inmate was seriously injured. The stipulation proposes a penalty of $9,000.

EEB Case No. 2012-049 (Gifford)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Lorri Gifford. Ms. Gifford agreed that she may have violated RCW 42.52.160 when she used state resources to track personal finances and visited hundreds of websites that were not work related. The stipulation proposes a penalty of $3,000 with $1,000 suspended.

EEB Case No. 2013-001 (Frederickson)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Todd Frederickson. Mr. Frederickson agreed that he may have violated RCW 42.52.160 when he used state resources to promote his political campaign for a Monroe City Council position. The stipulation proposes a penalty of $1,250 with $500 suspended.

The Board deferred action until after their Closed session.

C. Policy Reviews

Melanie de Leon reported on the Washington State Department of Transportation’s Honoraria policy and recommended Board approval. Mandy Carr from the WSDOT was present for any questions. Chair Marsh requested that a hyperlink be added under section V. referencing RCW 42.52.010(9)(d) since it is referred to in section 4.

Motion 13-018 Moved by Member Williams, seconded by Member Simmons:

The Board approves the Washington State Department of Transportation’s Honoraria policy as amended.

The motion passed unanimously.

D. Legislation

Ms. de Leon reported on ESB5577 as passed by the Legislature and currently awaiting signature by the Governor. She also summarized the changes in the law, highlighting that complainants will now be provided Whistleblower protections.

E. Staff Reports

1. Executive Director’s Report

Melanie de Leon updated the Board on training and noted that she continues to work with the Attorney General on finding a replacement for the vacant Board position.

2. AAG Report

Bruce Turcott reported that Notice of Hearings can now be submitted via email.

3. Other Staff Reports

No other staff reports were given.

F. Public Comment/Board Member Comment

Lisa Hendrickson from the Board of Industrial Insurance Appeals asked when Consolidated Technology Services (CTS) would be attending the meeting to discuss social media.

Melanie de Leon reported that she is working with CTS on scheduling the discussion.

G. Executive/Closed Session

At 9:20 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters.

At 10:25 a.m. the Board returned to regular session and reported the following:

Motion 13-019 Moved by Chair Marsh, seconded by Member Williams:

The Board rejects the Stipulated Facts, Conclusions and Order in EEB Case No. 2010-022, Les Ling.

The motion passed unanimously.

Motion 13-020 Moved by Chair Marsh, seconded by Member Williams:

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case No. 2012-037, Dennis Buss, as presented.

Voting for: Chair Marsh and Member Williams

Not Voting: Member Simmons

The motion passed.

Motion 13-021 Moved by Chair Marsh, seconded by Member Williams:

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case No. 2012-049, Lorri Gifford, as presented.

The motion passed unanimously.

Motion 13-022 Moved by Chair Marsh, seconded by Member Williams:

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case No. 2013-001, Todd Fredrickson, as presented.

The motion passed unanimously.

Motion 13-023 Moved by Chair Marsh, seconded by Member Williams:

The Board finds Reasonable Cause in EEB Case No. 2012-034 Don McKena (Hulse).

The motion passed unanimously.

Motion 13-024 Moved by Chair Marsh, seconded by Member Williams:

The Board finds Reasonable Cause in EEB Case No. 2012-035 Stan Ross.

The motion passed unanimously.

Motion 13-025 Moved by Chair Marsh, seconded by Member Williams:

The Board finds No Reasonable Cause in EEB Case No. 2012-036 Rick Benefiel.

The motion passed unanimously.

Motion 13-026 Moved by Chair Marsh, seconded by Member Williams:

The Board finds No Reasonable Cause in EEB Case No. 2012-059 Mark Mauren.

The motion passed unanimously.

Motion 13-027 Moved by Member Williams, seconded by Member Simmons:

The Board finds Reasonable Cause in EEB Case No.2012-063 Hangfa Zhou.

Voting For: Members Williams and Simmons

Not Voting: Chair Marsh

The motion passed.

Motion 13-028 Moved by Chair Marsh, seconded by Member Williams:

The Board finds Reasonable Cause in the following:

· EEB Case No. 2012-065 Mirranda Saari

· EEB Case No. 2012-066 Laura Rustay

· EEB Case No. 2012-067 Heidi Bealer

· EEB Case No. 2012-068 Viktoryia Camp

· EEB Case No. 2012-069 Polina Kozhemyakin

The motion passed unanimously.

Motion 13-029 Moved by Chair Marsh, seconded by Member Williams:

The Board finds Reasonable Cause in EEB Case No. 2012-071 Michelle Perkins.

Voting For: Chair Marsh and Member Williams

Not Voting: Member Simmons

The motion passed.

Motion 13-030 Moved by Chair Marsh, seconded by Member Williams:

The Board finds Reasonable Cause in EEB Case No. 2012-074 Michelle Heide.

Voting For: Chair Marsh and Member Williams

Not Voting: Member Simmons

The motion passed.

Motion 13-031 Moved by Chair Marsh, seconded by Member Williams:

The Board finds No Reasonable Cause in EEB Case No.2012-076 Rick Olsen.

Voting For: Chair Marsh and Member Williams

Not Voting: Member Simmons

The motion passed.

Motion 13-032 Moved by Member Williams, seconded by Member Simmons:

The Board finds Reasonable Cause in EEB Case No. 2012-077 Abinet Onkiso.

Voting For: Members Williams and Simmons

Not Voting: Chair Marsh

The motion passed.

Motion 13-033 Moved by Chair Marsh, seconded by Member Williams:

The Board issued an Order of Default and Temporary Adjournment of Further Proceedings in EEB Case No. 2012-048 Shelly Glenn.

The motion passed unanimously.

H. Motion for Dismissal

The Board and Administrative Law Judge Alice Haenle heard oral argument for a Motion to Dismiss regarding EEB Case No. 2010-067 Phil Moller.

Assistant Attorney General Susan Jensen argued on behalf of the state and Thomas Hayton, Counsel for Mr. Moller, provided argument on behalf of his client. Mr. Moller was not present.

Following argument, the Board went into closed session to deliberate at 11:32 a.m. and returned to open session at 11:55 a.m.

The Board will issue a written order and no further action was taken.

I. Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:56 a.m.

Approved by the Board 7/12/13