WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

Via Zoom

May 12, 2023

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 9:03 a.m.  In attendance were Vice Chair Kelli Hooke and Members Shirley Battan, Earl Key and Megan Abel. Board staff in attendance included:  Assistant Attorney General Leo Roinila, Assistant Attorney General Julia Eisentrout, Administrative Officer Ruthann Bryant and Investigators Bobby Frye and Justin Cotte.

 

2.    Approval of Agenda

Kate Reynolds noted that one of the Motions for Summary Judgement was resolved by a stipulation and noted an additional stipulation for consideration was also added to the agenda.

 

Motion 23-044 Moved by Member Battan, seconded by Member Key:

 

The Board approved the May 12, 2023 agenda as amended.

 

The motion passed unanimously.

 

3.    Approval of the March 10 and March 29, 2023 Meeting Minutes

 

Motion 23-045 Moved by Vice Chair Jutte, seconded by Member Battan:

 

The Board approved the March 10, 2023 minutes as presented.

 

The motion passed unanimously.

 

Motion 23-046 Moved by Member Battan, seconded by Chair Jutte:

 

The Board approved the March 29, 2023 minutes as presented.

 

The motion passed unanimously.

 

 

B.   Enforcement Matters

Motion for Summary Judgment

EEB Case 2022-010 Franklin Graham

Administrative Law Judge TJ Martin presided over oral argument on a Motion for Summary Judgment regarding EEB Case 2022-010 Franklin Graham.

A written order will be issued in the matter.

Stipulations

EEB Case 2022-014 (Wolk)

Investigator Justin Cotte briefed the Board on a proposed Stipulation and Order in the matter of Brian Wolk, former IT Application Developer with the Employment Security Department. Brian Wolk agreed that they may have violated the Ethics in Public Service Act by using state resources for non-work related purposes.  Evidence indicated that Brian Wolk used their state computer for court appearances during work hours, to access the internet for personal use, including shopping and stored of hundreds of photographs and court documents on their state computer. The proposed Stipulation and Order imposes a civil penalty of $5,000.

 

EEB Case 2022-028 (Window)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of David Window, a Captain at the Washington State Penitentiary with the Department of Corrections. David Window agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated David Window used their state computer to search the internet and to access personal social media accounts. The proposed Stipulation and Order imposes a civil penalty of $500 with $150 suspended.

 

EEB Case 2022-030 (Brewer)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of David Brewer, a Correctional Unit Supervisor with the Department of Corrections. David Brewer agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated that David Brewer used their state issue cell phone to store personal photographs, to send and receive personal text messages and used their state issued computer to browse the internet. The Stipulation and Order imposes a civil penalty of $5,000 with $1,000 suspended.

 

EEB Case 2022-033 (Higano)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Celestia Higano, a retired Professor with the University of Washington School Medicine. Celestia Higano agreed that they may have violated the Ethics in Public Service Act by performing activities incompatible with public duties and by using state resources to conduct outside employment and had a staff member perform outside work for their personal consulting business. Evidence indicated that over a three-year period a staff member spent around 950 hours assisting with outside work activities and an additional 35 hours doing personal tasks for Celestia Higano and that Celestia Higano used UW computers and email to perform non-University related activities.  The Stipulation and Order imposes a civil penalty of $7,500.

 

EEB Case 2022-035 (Slaybaugh)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Kayla Slaybaugh, a Brand Inspector 2 with the Department of Agriculture. Kayla Slaybaugh agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated that Kayla Slaybaugh connected multiple personal devices to their agency hotspot, used their agency issued IPad to stream movies and used a state issued cell phone for personal use. The Stipulation and Order imposes a civil penalty of $5,000 with $1,250 suspended.

 

EEB Case 2022-040 (Wilks)

Investigator Bobby Frye briefed the Board on a proposed Stipulation and Order in the matter of Jessica Wilks, a former Fiscal Technician in Financial Aid with Lower Columbia College. Jessica Wilks agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated they applied for and received CARES Act funds and then dropped the classes. They also provided a special privilege to several others by filling out and submitting CARES Act paperwork for them to receive the funding also. The Stipulation and Order imposes a civil penalty of $8,000.

 

EEB Case 2022-044 (Stanford)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Mike Stanford, an Avalanche Forecast and Control Specialist 4 – Supervisor with the Washington State Department of Transportation.  Mike Stanford agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated that Mike Stanford used their state email account for their outside homeowner’s association (HOA) work, saved several HOA related documents on their state computer and browsed the internet for personal reasons. The Stipulation and Order imposes a civil penalty of $4,000 with $1,000 suspended.

Executive Director Dismissal

 

Kate Reynolds summarized one Executive Director Dismissals: EEB Case 2022-061 (Torrescano).

 

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

 

C.   Policy Reviews

Administrative Officer Ruthann Bryant presented the Department of Agriculture’s Meeting Ethical Standards policy.  It was noted that a previous version was approved in March of 2019 and the policy had been expanded to include several additional sections of the Ethics in Public Service Act. Staff recommended approval.

 

Motion 23-047 Moved by Member Battan, seconded by Vice Chair Hooke:

 

The Board approved the Department of Agriculture’s Meeting Ethical Standards policy, as presented.

 

The motion passed unanimously.

 

Ruthann Bryant also reported on the Department of Corrections’ Employee Line of Duty Death or Life-Threatening Injury policy. This is an extensive policy covering all aspects of process and procedures when a Department of Corrections employee experiences a life threatening injury or line of duty death. It was noted that the section of the policy that relates to the Ethics in Public Service Act was modeled after a similar policy by the Washington State Department of Transportation, which was approved by the Board in July of 2020. Staff recommended approval.

 

Motion 23-048 Moved by Member Battan, seconded by Chair Jutte:

 

The Board approved the Department of Corrections’ Employee Line of Duty Death or Life-Threatening Injury policy, as presented.

 

The motion passed unanimously.

D.   Staff Reports

Executive Director Kate Reynolds reported that with the end of the COVID emergency and agency policy update, the Board can begin hybrid meetings in July.

Kate Reynolds also reported that staff has been holding monthly seminars for our agency ethics advisors. Each seminar is 30 minutes long and focuses on a different section of law each month. They have been very well attended and staff has enjoyed making them available.

Kate Reynolds briefly discussed updating current Advisory Opinions to add gender neutral language where necessary. The Board concurred.

Kate Reynolds also congratulated Member Shirley Battan for being selected as the Thurston County Bar Association’s 2023 Daniel Bigelow Award recipient and noted that Investigator Bobby Frye will be retiring in August. 

No other staff reports were given.

E.    Public Comment/Board Member Comment

No public or Board Member comments were given.

F.    Closed Session

At 10:17 a.m. the Board moved into Closed Session. 

At 12:30 p.m. the Board returned to regular session and reported the following:

 

Motion 23-049 Moved by Member Battan, seconded by Vice Chair Hooke:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $5,000 in EEB Case 2022-014 Brian Wolk.

 

The motion passed unanimously.

 

Motion 23-050 Moved by Member Abel, seconded by Member Battan:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $500 with $150 suspended in EEB Case 2022-028 David Window.

 

The motion passed unanimously.

 

Motion 23-051 Moved by Vice Chair Hooke, seconded by Member Battan:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $5,000 with $1,000 suspended in EEB Case 2022-030 David Brewer.

 

The motion passed unanimously.

 

Motion 23-052 Moved by Chair Jutte, seconded by Member Battan:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $7,500 in EEB Case 2022-033 Celestia Higano.

 

The motion passed unanimously.

 

Motion 23-053 Moved by Member Key, seconded by Vice Chair Hooke:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $5,000 with $1,250 suspended in EEB Case 2022-035 Kayla Slaybaugh.

 

The motion passed unanimously.

 

Motion 23-054 Moved by Member Battan, seconded by Vice Chair Hooke:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $5,000 with $1,250 suspended in EEB Case 2022-040 Jessica Wilks.

 

The motion passed unanimously.

 

Motion 23-055 Moved by Vice Chair Jutte, seconded by Member Abel:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $4,000 with $1,000 suspended in EEB Case 2022-044 Mike Stanford.

 

Voting For:  Chair Jutte, Vice Chair Hooke, Member Battan and Member Abel.

Not Voting:  Member Key.

 

The motion passed.

 

Motion 23-056 Moved by Member Battan, seconded by Vice Chair Hooke:

 

The Board found Reasonable Cause over than $500 for violations of RCW 42.52.160 in EEB Case 2022-032 Brittany Prows.

 

The motion passed unanimously.

 

Motion 23-057 Moved by Vice Chair Hooke, seconded by Chair Jutte:

 

The Board determined that the complaint is unfounded and dismissed EEB Case 2022-042 Shana Barehand.

 

Voting For:  Chair Jutte, Vice Chair Hooke, Member Battan and Member Abel.

Not Voting:  Member Key.

 

The motion passed.

 

Motion 23-058 Moved by Vice Chair Hooke, seconded by Chair Jutte:

 

The Board found Reasonable Cause of $500 or less in EEB Case 2022-043 Linda Womack.

 

Voting For:  Chair Jutte, Vice Chair Hooke, Member Battan and Member Abel.

Not Voting:  Member Key.

 

The motion passed.

 

Motion 23-059 Moved by Member Abel, seconded by Member Battan:

 

The Board determined that any violation that may have occurred is not within the jurisdiction of the Board and dismissed EEB Case 2022-045 Heidi Timmermans-Judy.

 

The motion passed unanimously.

 

Motion 23-060 Moved by Member Battan, seconded by Chair Jutte:

 

The Board determined that the complaint is unfounded and dismissed EEB Case 2022-048 Mark Glenn.

 

The motion passed unanimously.

 

 

Motion 23-061 Moved by Chair Jutte, seconded by Member Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2022-051 Kristen Rhodes.

 

The motion passed unanimously.

 

Motion 23-062 Moved by Member Abel, seconded by Chair Jutte:

 

The Board found Reasonable Cause of $500 or less in EEB Case 2022-052 Alena Jordan.

 

The motion passed unanimously.

 

Motion 23-063 Moved by Member Battan, seconded by Vice Chair Hooke:

 

The Board found Reasonable Cause over $500 in the following:

 

·         EEB Case 2022-053 Buck Rohan

·         EEB Case 2022-054 Christopher Carlile

·         EEB Case 2022-055 Daniel Bayer

·         EEB Case 2022-056 Evelyn Flores

·         EEB Case 2022-057 Gerrod Martin

·         EEB Case 2022-058 Gabriel Logan

·         EEB Case 2022-059 Gilbert Lugo

·         EEB Case 2022-060 Jarrod Sumerlin

·         EEB Case 2022-062 Micah Melton

·         EEB Case 2022-063 Michael Croft

·         EEB Case 2022-064 Scott Lowder

·         EEB Case 2022-065 Shari Harmon

·         EEB Case 2022-066 Shawn Long

·         EEB Case 2022-067 William Fletcher

 

The motion passed unanimously.

 

Motion 23-064 Moved by Vice Chair Hooke, seconded by Chair Jutte:

 

The Board determined that the complaint is unfounded and dismissed EEB Case 2023-004 Charleena Jones.

 

Voting For:  Chair Jutte, Vice Chair Hooke, Member Battan and Member Abel.

Not Voting:  Member Key.

 

The motion passed.

 

Motion 23-065 Moved by Chair Jutte, seconded by Member Key:

 

The Board found Reasonable Cause of $500 or less than $500 for personal searches in EEB Case 2023-005 Brady Horenstein.

 

The motion passed unanimously.

 

Motion 23-066 Moved by Member Abel, seconded by Member Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-006 Suzanne Havens.

 

The motion passed unanimously.

 

Motion 23-067 Moved by Chair Jutte, seconded by Vice Chair Hooke:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-007 Lola Hultberg.

 

The motion passed unanimously.

 

Motion 23-068 Moved by Member Key, seconded by Vice Chair Hooke:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-019 Kurtis Grindrod.

 

The motion passed unanimously.

 

Motion 23-069 Moved by Member Battan, seconded by Member Key:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-026 Vanessa Gomez-Castillo.

 

The motion passed unanimously.

 

Motion 23-070 Moved by Member Battan, seconded by Member Key:

 

The Board issued a Final Order of Default in EEB Case 2022-015 Jasmine Hansel.

 

The motion passed unanimously.

 

Motion 23-071 Moved by Chair Jutte, seconded by Member Key:

 

The Board declined to reconsider the Final Order in EEB Case 2021-050 Linda Bang.

 

The motion passed unanimously.

 

G.   Miscellaneous Matters/Adjournment

There were no miscellaneous matters and the meeting was adjourned at 12:45 p.m.

 

Approved by the Board 7/14/2023