WASHINGTON STATE
EXECUTIVE ETHICS BOARD
1110 Capitol Way S– 4th
Floor Video Conference Room – Olympia, WA
May 14, 2010
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 Linnaea Jablonski at 9:00 a.m. In attendance were Vice Chair Michael
Connelly, Members Neil Gorrell and Martin Biegelman. Board staff in attendance included: Executive Director Melanie de Leon, Senior
Counsel Jerry Anderson, Administrative Officer Ruthann Bryant and Investigators
Nancy Lewin and Sue Jones.
2. Approval of Agenda
Melanie de Leon noted that a revised agenda includes an additional
stipulation, two ED dismissals and a policy review.
Motion 10-009 Moved by Member Biegelman,
seconded by Vice Chair Connelly:
The Board approves the May
14, 2010 agenda as amended.
The motion passed unanimously.
3. Approval of the March 12, 2010 Meeting Minutes
Motion 10-010 Moved by Member Biegelman,
seconded by Member Gorrell:
The Board approves the March 12, 2010 minutes as presented.
Voting For: Chair Jablonski, Members Biegelman and
Gorrell.
Abstaining: Vice Chair Connelly.
The motion passed.
B. Enforcement Matters
Approval of Stipulated Facts, Conclusion and Order
EEB Case No. 2009-014 (Hollingsworth)
Nancy Lewin briefed the Board on the proposed stipulation and
order in the matter of David Hollingsworth. Mr. Hollingsworth agreed that he
violated RCW 42.52.160 when he stored personal documents relating to outside
business ventures on his state computer, and used his state computer to send
and receive non-work-related emails. The stipulation proposes a penalty of $1,000.
EEB Case No. 2009-014 (Robinson)
Ms. Lewin also briefed the Board on the proposed stipulation and
order in the matter of Michael Robinson. Mr. Robinson agreed that he violated
RCW 42.52.160, when he used state facilities to record a video, later posted on
U Tube, and used state resources to visit non-work-related websites and to send
and receive non-work-related emails. The stipulation proposes a penalty of $300
with $100 suspended.
EEB Case No. 2009-050 (Duffy)
Sue Jones briefed the Board on the proposed stipulation and order
in the matter of Jade Natalie Duffy. Ms. Duffy agreed that she violated RCW
42.52.160, when she used state resources to pursue a personal matter, sent
personal documents containing the agency address and telephone number, placed
her supervisor’s name as a contact person on said documents, and used a state
agency address on her car registration. The stipulation proposes a penalty of
$500. Ms. Jones also noted that Ms.
Duffy recently contacted Board staff and requested that the Board consider that
she was dealing with a hostile work environment and personal issues during the
time of the allegations.
EEB Case No. 2006-035 (Nelson)
Ms. Lewin also briefed the Board on the proposed stipulation and
order in the matter of Paulette Nelson. Ms. Nelson agreed that she violated RCW
42.52.160, when she used her state computer to store dozens of personal photos. Ms. Lewin noted that Ms. Nelson may have
inadvertently downloaded the photos from a personal thumb drive used while transferring
agency business she completed at home to her work computer. The stipulation
proposes a penalty of $50.
The Board deferred action until after closed session.
Vice Chair Connelly asked which version of a WAC is relied upon
during an investigation, a current version or a version in effect at the time
of the violation. He requested that
staff check with legal counsel to ensure the correct method is used.
Executive Director
Dismissals – EEB Case #09-010 (Braunstein), EEB Case #09-030 (James), EEB Case
#09-057 (Palek), EEB Case #2009-066 (Sweeney) and EEB Case #09-067 (Bren)
Melanie de Leon briefly summarized five Executive
Director dismissals.
C. Advisory Opinion Review
Nancy
Lewin provided a draft Advisory Opinion consolidating the analysis and
considerations found in AO 96-07, Outside Employment, and AO 99-06, Outside
Compensation/Expert Testimony.
Motion 10-011 Moved by Vice Chair
Connelly, seconded by Member Biegelman:
The Board approves
Advisory Opinion 10-0 Outside Compensation:
Expert Testimony, as presented.
The motion passed unanimously.
Ms.
Lewin also discussed Advisory Opinion 99-03, Outside Compensation/Collegiate
Athletic Coaches. She noted that the
Board previously discussed the use of title within the opinion, now the
question is regarding honorarium and clarification on a state employee’s
“official role” which is not defined within the Ethics Act.
Ms.
de Leon noted that the question was brought up when a public university requested
review of a policy that previously allowed state employees to use state
resources to prepare a speech or presentation for which they were going to
receive honorarium.
The
Board requested that staff collect honorarium policies from state agencies and
universities and look into legislative intent on this section of law. The Board will further discuss the issue at
their July meeting.
D. Policy Review
Melanie
de Leon summarized a draft University of Washington Policy regarding textbook
royalties. She commented that the policy outlines two options for faculty
members who assign students a book they authored.
Motion 10-012 Moved by Vice Chair
Connelly, seconded by Member Biegelman:
The Board approves the University
of Washington Policy regarding textbook royalties as presented.
The motion passed unanimously.
E. Staff Reports
1. Executive Director’s Report
Melanie de Leon reported on development of performance metrics
that are now required by the legislature on the efficiency and effectiveness of
the Board. She handed out charts on all
cases and the types of violations from 1996 through 2009. The Board will invite Representative
Miloscia to attend the July retreat to assist in the performance metrics
development.
2. AAG Report
No AAG reports were given.
3. Other Staff Reports
No staff reports were given.
F. Public Comment/Board Member Comment
No
public comments or board member comments were expressed.
G. Closed Session
At
10:20 a.m. Chair Jablonski noted there were no executive session items and the
Board moved into Closed Session to deliberate on quasi-judicial matters.
At 11:00 a.m. the Board returned to regular session. The Board reported the following:
Motion 10-013 Moved by Vice Chair
Connelly, seconded by Member Biegelman:
The Board amends the
Stipulated Facts, Conclusions and Order in EEB Case #09-014, Michael Robinson, and
imposes a penalty of $500 with $200 suspended.
The motion passed unanimously.
Motion 10-014 Moved by Vice Chair
Connelly, seconded by Member Gorrell:
The Board accepts the
Stipulated Facts, Conclusions and Orders in EEB Case #09-011, David
Hollingsworth and EEB Case # 2009-035, Paulette Nelson, as presented.
The motion passed unanimously.
Motion 10-015 Moved by Vice Chair
Connelly, seconded by Member Biegelman:
The Board accepts the
Stipulated Facts, Conclusions and Order in EEB Case #09-050, Jade Natalie
Duffy, as presented.
Voting For: Chair
Jablonski, Vice Chair Connelly and Member Biegelman.
Abstaining: Member Gorrell.
The motion passed.
Motion 10-016 Moved by Vice Chair
Connelly, seconded by Member Biegelman:
The Board finds reasonable
cause in EEB Case #09-009, Al Hunton.
The motion passed unanimously.
Motion 10-017 Moved by Vice Chair
Connelly, seconded by Member Biegelman:
The Board dismisses EEB
Case #09-026, Rob McKenna and EEB Case #2009-031 through 2009-049, Rob McKenna
et. al.
The motion passed unanimously.
Motion 10-018 Moved by Vice Chair
Connelly, seconded by Member Biegelman:
The Board issues Orders of
Default in EEB Case #2008-123 Gerald Hebert and EEB Case #2009-023 and 2009-024
Daniel Morgan.
The motion passed unanimously.
Motion 10-019 Moved by Member Gorrell,
seconded by Member Biegelman:
The Board issues an Order
of Default in EEB Case #2009-065, Kyle Gubbe.
Voting For: Chair
Jablonski, Members Gorrell and Biegelman.
Abstaining: Vice Chair
Connelly.
The motion passed.
H. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 11:05 a.m.
Approved by the Board 7/9/10