Executive Ethics Board Meeting Minutes

May 14, 2004

A. Preliminary Business

1. Roll Call - The meeting was called to order at 9:30 a.m. Present were Chair Marilee Scarbrough, Vice-Chair Paul Zellinsky, Member Trish Akana, and Member James Vaché. Also in attendance: Executive Director Brian Malarky; Acting Board Counsel Linda Moran, Assistant Attorney General Sharon Eckholm, Investigator Sue Jones, and Board Staff Mechele Linehan.

2. Approval of Agenda – Motion was made to withdraw Agenda Item B. Motion seconded and passed to approve the agenda with modification.

3. Approval of April 9, 2004 Regular Meeting Minutes – Board staff will bring to the June meeting for review and approval.

B. Proposed Stipulations and Orders

EEB Case No. 01-55 (Scott) – This item was withdrawn

C. Advisory Opinions

1. Advisory Opinion 04-01, State Agency Website Links - Mr. Malarky provided a summary of previous discussion by the Board to implement General Administration’s recommended changes regarding disclaimers on state agency websites. Motion was made and seconded to adopt and issue Advisory Opinion 04-01, State Agency Website Links.

2. Advisory Opinion 04-02, Use of State Facilities to Support Commercial Activity - Mr. Malarky provided a summary of previous discussion regarding language prohibiting the use of state resources to support private commercial activity unless there is statutory authority to conduct such activity. Motion was made and seconded to adopt and issue Advisory Opinion 04-02, Use of State Facilities to Support Commercial Activity.

3. Draft Letter Regarding Post Employment - The Executive Director presented a draft non-binding staff analysis concerning WSIB members and staff participation in a potential commitment of additional capital to a real estate investment program where a former WSIB employee participated in formation of the program as a WSIB employee. After discussion the Board instructed the Executive Director to not issue a letter.

D. Agency Rule Making - Proposed Rule Making, WAC 292-110-060; Contract Approval. After discussion, the Board directed Board staff to issue a CR 102 which incorporated the proposed changes to WAC 292-110-060 and schedule a public hearing on the matter for the July 9^th meeting. The Board also asked the Executive Director to ensure that the rule changes, which require state employee to file copies of non-competitive contracts between a spouse and a state agency, are broadly disseminated.

E. Agency Policy Review Requests

04-6-0115-002, University of Washington “Food Service at the President’s Residence” - After Board review and discussion, the Board approved this policy as presented.

F. Staff Report

1. Quarterly Staff Report and Budget update

2. Non-binding staff analysis

3. Retreat Planning/Draft agenda and location - Motion was made and seconded to approve the Retreat Agenda and the Schmidt Mansion as the facility to hold the retreat.

G. Executive or Closed Session (working lunch) At 11:45 a.m., the Board moved into executive session to consider complaints against public officials. The Board, Board Counsel, and Board Staff attended the executive session. Member Yenson attended the executive session by telephone.

H. Public Comment/Board Member Comment – There were no Board member or public comments.

I. Miscellaneous Matters/Adjournment. After reconvening the public session at 12:50 p.m., the Board announced the following:

The Board found Reasonable Cause to believe that a violation of the Ethics Act occurred in EEB Case No. 01-055 (Scott) and EEB Case No. 03-146 (Nevin). In both matters the Board directed the Executive Director to schedule a hearing before the full Board with an Administrative Law Judge presiding.

The Board found No Reasonable Cause to believe that a violation of the Ethics Act occurred in EEB Case Nos. 03-063, 03-064, 03-076, 03-077, 03-080, and 03-089.

The Board upheld the Executive Director’s Dismissals in EEB Case Nos. 03-095, 03-127, 03-128, and 03-129 and will issue a written order to that effect.

The meeting adjourned at 1:00 p.m.