WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

May 10, 2024

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 Jutte at 9:00 a.m.  In attendance were Vice Chair Kelli Hooke and Member Cam Comfort. Board staff in attendance included:  Executive Director Kate Reynolds, Senior Counsel Matt Kernutt, Assistant Attorney General Julia Eisentrout, Administrative Officer Ruthann Bryant, and Senior Investigator Justin Cotte.

            The Board welcomed Senior Counsel Matt Kernutt.

2. Approval of Agenda

Chair Jutte noted that the Lower Columbia College policy would be first on the list of policies reviewed.

Motion 24-016 Moved by Chair Jutte, seconded by Member Comfort:

The Board approved the May 10, 2024 agenda as presented.

The motion passed unanimously.

3. Approval of the March 8, 2024 Meeting Minutes

Motion 24-017 Moved by Vice Chair Hooke, seconded by Chair Jutte:

The Board approved the March 8, 2024 minutes as presented.

The motion passed unanimously.

B. Enforcement Matters

Stipulations

EEB Case 2023-016 (McDole)

Senior Investigator Justin Cotte briefed the Board on a proposed Stipulation and Order in the matter of Paul McDole, a Corrections/Custody Officer with the Department of Corrections. Paul McDole agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain.  Evidence indicated that Paul McDole browsed the internet, visiting sites including YouTube, sports and news websites, Netflix and online shopping. The order imposes a civil penalty of $5,000 with $1,000 suspended.

EEB Case 2023-025 and 046 (Larsen)

Senior Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Jeffrey Larsen, a Correctional Industries Supervisor 2 with the Department of Corrections. Jeffrey Larsen agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated Jeffrey Larsen visited sports websites, YouTube and social media websites. The order imposes a civil penalty of $2,000 with $1,000 suspended.

Executive Director Dismissal

Kate Reynolds summarized one Executive Director Dismissal: EEB Case 2023-042 (Grissom).

The Board deferred action on the enforcement matters until after their closed session.

C. Policy Reviews

Administrative Officer Ruthann Bryant presented Lower Columbia College’s Code of Ethics policy. They noted the policy was approved in September of 2020 and Lower Columbia College made some updates to the uses of state resources section. Staff recommended approval.

Motion 24-018 Moved by Member Comfort, seconded by Chair Jutte:

The Board approved Lower Columbia College’s Code of Ethics policy, as presented.

The motion passed unanimously.

Administrative Officer Ruthann Bryant also presented five policies submitted by the Health Care Authority. Staff recommended approval.

Motion 24-019 Moved by Chair Jutte, seconded by Member Comfort:

The Board approved the following Health Care Authority policies as presented:

· Ethics Conflicts of Interest, Post-State Employment, and Obtaining Ethics Advisor Advice

· Ethics Use of State Resources

· Outside Employment

· Accepting an Honorarium

· Accepting Gifts

The motion passed unanimously.

D. Staff Reports

Kate Reynolds welcomed Matt Kernutt.  They also briefly updated the Board on the search for a new Board member to fill the current vacancy and reported on monthly Ethics Advisor Seminars.

Sr. Counsel Matt Kernutt thanked the Board and staff for the warm welcome and provided a brief background.

E. Public Comment/Board Member Comment

No public or Board Member comments were given.

F. Closed Session

At 9:23 am the Board moved into Closed Session. 

At 10:20 am the Board returned to regular session and reported the following:

Motion 24-020 Moved by Vice Chair Hooke, seconded by Chair Jutte:

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2023-016 Paul McDole, imposing a civil penalty of $5,000 with $1,000 suspended.

The motion passed unanimously.

Motion 24-021 Moved by Chair Jutte, seconded by Member Comfort:

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2023-025 and 046 Jeffrey Larson, imposing a civil penalty of $2,000 with $1,000 suspended.

The motion passed unanimously.

Motion 24-022 Moved by Member Comfort, seconded by Chair Jutte:

The Board determined the complaint is unfounded and dismissed EEB Case 2023-036 Lisa Brown.

The motion passed unanimously.

Motion 24-023 Moved by Vice Chair Hooke, seconded by Member Comfort:

The Board found Reasonable Cause over $500 in EEB Case 2023-050 Ross Humes.

The motion passed unanimously.

Motion 24-024 Moved by Member Comfort, seconded by Vice Chair Hooke:

The Board determined that any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured and dismissed EEB Case 2023-051 Abraham Flaxman.

The motion passed unanimously.

Motion 24-025 Moved by Chair Jutte, seconded by Member Comfort:

The Board found Reasonable Cause over $500 in EEB Case 2023-054 Julie Schillreff.

The motion passed unanimously.

Motion 24-026 Moved by Vice Chair Hooke, seconded by Member Comfort:

The Board found Reasonable Cause over $500 in EEB Case 2023-055 Christine Rawls.

The motion passed unanimously.

Motion 24-027 Moved by Member Comfort, seconded by Chair Jutte:

The Board determined that any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured and dismissed EEB Case 2023-057 Jennifer Nemhauser.

The motion passed unanimously.

Motion 24-028 Moved by Chair Jutte, seconded by Vice Chair Hooke:

The Board found Reasonable Cause over $500 in EEB Case 2023-062 Mark James.

The motion passed unanimously.

Motion 24-029 Moved by Chair Jutte, seconded by Member Comfort:

The Board issued Final Orders of Default in the following:

· EEB Case 2023-014 Jacqueline McHale, imposing a civil penalty of $3,000.

· EEB Case 2023-023 Jennifer McMillan, imposing a civil penalty of $500.

· EEB Case 2023-027 Sumer Keith, imposing a civil penalty of $3,000.

· EEB Case 2023-043 Kimberly Black, imposing a civil penalty of $1,500.

The motion passed unanimously.

G. Miscellaneous Matters/Adjournment

There were no miscellaneous matters and the meeting was adjourned at 10:25 a.m.

Approved by the Board 7/12/2024