The Executive Ethics Board convened in Regular Session at 10:30 a.m., in Room 2395 of the Bank of California Building, 900 Fourth Avenue, Seattle, Washington.

1. PRELIMINARY BUSINESS

All Board members were present. Also present were Executive Secretary Meg Grimaldi and Counsel William B. Collins.

Board Counsel announced that there would be a prehearing conference call in EEB Case No. 99-11 at 2:00 pm, which could cause an interruption in the meeting, if not adjourned before that time. Chair Rohret asked if there were any changes to the agenda. No changes were noted. Ms. Basu moved to approve the agenda as presented. Ms. Lim seconded the motion and the Board unanimously approved the agenda.

Mr. Vache moved to approve the minutes as written. Ms. Basu seconded the motion and the Board unanimously approved.

a. (Draft 00-04). Ms. Grimaldi briefed the Board on revisions to the draft opinion. Discussion followed. By consensus the Board agreed that paragraph 5 on page 5 be deleted in its entirety. Ms. Lim moved to adopt Advisory Opinion 00-04 as amended. Ms. Basu seconded the motion and the Board unanimously approved.

b. (Draft 00-07). Ms. Grimaldi briefed the Board on the question of whether a former state employee could provide consulting services to his former state agency when those services were similar to those performed while in state service, and were funded by the same grant that funded the former employee's work for the agency. Mr. Vache expressed his concern about the apparent conflict of interest suggested by the proposed consulting work. Ms. Grimaldi acknowledged that if the former employee were to leave and propose the same arrangement with a consulting firm, the conduct would likely violate RCW 42.52.080. Mr. Collins suggested that the Board could add language to indicate its concern about the appearance of a conflict of interest. Mr. Vache asked that such language be added. Mr. Vache moved to adopt the opinion once the revised language was reviewed by board members. Ms. Lim seconded the motion. The Board unanimously agreed.

c. (Contract Approval). Ms. Grimaldi briefed a request to approve a contract between Dr. Joseph Kabel and the Department of Social and Health Services, wherein Dr. Kabel will continue to serve as program director for the Arrestee Drug Abuse Monitoring Program (ADAM) sites in Spokane and Seattle as an independent consultant upon leaving state service. Dr. Kabel is designated as "key personnel" for the ADAM program under a federal contract and may not be removed without approval of the federal contractor. Ms. Grimaldi briefed the Board on the advisability of issuing an advisory opinion on the applicability of the post-state employment restrictions to unique circumstances where state employees are designated as "key personnel" in federal contracts with state agencies. Mr. Vache agreed that an advisory opinion which addressed the federal supremacy clause should be drafted. Other board members agreed by consensus on the need for an advisory opinion. Ms. Basu moved to approve the contract. Mr. Vache seconded the motion. The Board unanimously approved.

STAFF REPORT. HB 2449. Ms. Grimaldi provided copies of Chapter 211, Laws of 2000, which amended chapter 42.52 RCW to allow for staff dismissals of complaints in limited circumstances. The Board agreed to issue a CR-101 to commence rule-making on this issue. Ms. Grimaldi stated she would provide a copy of the rules governing staff dismissals at the Seattle Ethics and Elections Commission for review at the June meeting. Interactive Ethics Training Project. Ms. Grimaldi provided Board members with a copy of the contract with DIS to develop an on-line ethics training project.

PUBLIC/BOARD MEMBER COMMENTS. There was brief discussion of holding a retreat in the fall.

EXECUTIVE SESSION. At 11:45 p.m. Ms. Rohret announced the Board would take a 30 minute recess for lunch, followed by an executive session.

ADJOURNMENT. The public meeting adjourned at 1:15 p.m.

Approved by the Executive Ethics Board on June 16, 2000.

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CHERYL ROHRET, Chair

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