1110 Capitol Way S– 4th Floor Video Conference Room – Olympia, WA


May 13, 2011

Regular Meeting Minutes



A.   Preliminary Business

1.    Roll Call

The regular meeting of the Washington State Executive Ethics Board (EEB) was called to order by Chair Michael Connelly at 9:00 a.m.  In attendance were Vice Chair Williams and Members Linnaea Jablonski and Lisa Marsh. Board staff in attendance included:  Executive Director Melanie de Leon, Assistant Attorney General Bruce Turcott, Administrative Officer Ruthann Bryant and Investigator Sue Jones. 


2.    Approval of Agenda


Motion 11-011 Moved by Member Jablonski, seconded by Vice Chair Williams:


The Board approves the May 13, 2011 agenda as presented.


The motion passed unanimously.


3.    Approval of the March 11, 2011 Meeting Minutes


Motion 11-012 Moved by Member Jablonski, seconded by Vice Chair Williams:


The Board approves the March 11, 2011 minutes as presented.


Voting for:  Connelly, Williams and Jablonski.

Not voting: Marsh


The motion passed.


B.   Enforcement Matters


EEB Case No. 2010-061 (Hepler)

Sue Jones briefed the Board on the proposed stipulation and order in the matter of Shelley Hepler.  Ms. Hepler agreed that she may have violated RCW 42.52.160 when she used state resources for personal benefit. The stipulation proposes a penalty of $1,500.

The Board deferred action until after closed session.

Executive Director Dismissal

EEB Case 2010-058 (Keifert)

Melanie de Leon briefly summarized an Executive Director dismissal.


C.   Advisory Opinion Review

AO 00-11 Use of State Facilities for Voluntary Benefits

Melanie de Leon summarized the history of using state facilities by “vendors” who provide services to state employees. The AO allows agencies to permit business that sell insurance under the payroll deduction statute to use state facilities to provide information about their products.  She noted that this opinion has always been interpreted to allow only AFLAC and Colonial Life to make presentation in state facilities.  However, there are currently 296 businesses that are on the payroll deduction list. 


Ms. de Leon requested that the Board review the opinion to ensure it remains current, and if so, whether the ability to present information in a state facility must be expanded to include every organization on the approved payroll deduction list.


Following discussion, the Board requested that Ms. de Leon review the analysis and 41.04.020 RCW with board counsel and draft an opinion for a future meeting.


AO 03-02 Use of State Resources/Political Campaigns/Voters Pamphlet Statements


The Board also discussed AO 03-02, which states that the Governor, when officially appointed to a statewide voter’s pamphlet committee, using state resources to draft arguments that support or oppose a pending ballot initiative would not violate RCW 42.52.180.


Ms. de Leon questioned whether the opinion should it be updated and expanded to include all state employees/officers who are in similar circumstances.


The Board asked that staff research if there are other elected officials that the opinion would apply to and bring the matter to a future meeting for further discussion.


D.   Policy Review

Melanie de Leon briefly summarized a draft Department of Personnel Ethics Policy which will be used as a template by small agencies that receive human resource services from the Department of Personnel.  

Motion 11-059 Moved by Member Marsh, seconded by Member Jablonski:


The Board approves the Department of Personnel’s Small Agency Model Ethics Policy as presented.


The motion passed unanimously.


E.   Legislative Update

Ms. de Leon discussed current Legislation that may have an affect on the Board and 42.52 RCW.  She added that HB 1179 has been signed by the Governor. The new law, which becomes effective July 22, 2011, allows state employees to attend informational or educational meetings, in state facilities, regarding legislative issues with a legislator or other elected official.

F.    Strategic Plan

Ms. de Leon began preparation for the new Strategic Plan. She briefly discussed the current plan as well as the performance measure report submitted to the Legislature at the end of 2010.  The Board will be working on the Strategic Plan at their retreat in July.


G.   Staff Reports

1.  Executive Director’s Report

Melanie de Leon discussed options for all electronic meetings.  She also reported that she has been working with the Public Disclosure Commission, the Legislative Ethics Board and the Commission on Judicial Conduct on the feasibility of elected officials creating Legal Defense Funds.


2.  AAG Report

No AAG reports were given.


3.  Other Staff Reports

No staff reports were given.


H.   Public Comment/Board Member Comment

Lynn Hendrickson, Board for Industrial Insurance Appeals, suggested talking with the Department of Personnel to add an ethics question to the state employee survey they will be conducting in the fall.

Chair Connelly personally thanked Board staff for their hard work, dedication and professionalism.

I.      Closed Session

At 9:45 a.m. the Board moved into Closed Session to deliberate on quasi-judicial matters. 

At 10:00 a.m. the Board returned to regular session and reported the following:



Motion 11-060 Moved by Member Jablonski, seconded by Member Marsh:


The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case #2010-061, Shelley Hepler as presented.


The motion passed unanimously.


Motion 11-061 Moved by Member Jablonski, seconded by Member Marsh:


The Board dismisses EEB Case #2011-009 Philip Anderson, Ed Clausing, Don Budd and Jeff Tayer.


The motion passed unanimously.


Motion 11-062 Moved by Member Jablonski, seconded by Vice Chair Williams:


The Board issues a final Oder and Judgment in EEB Case #09-012, Paula Canfield and imposes a penalty of $1,000.


The motion passed unanimously.


J.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 10:01 a.m.


Approved by the Board 7/8/11