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