WASHINGTON STATE
EXECUTIVE ETHICS BOARD
Via Zoom
May 14, 2021
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 Battan at 9:05 a.m. In attendance were Members Jan Jutte and Earl
Key. Board staff in attendance included:
Executive Director Kate Reynolds, Assistant Attorney General Chad
Standifer, Assistant Attorney General Michelle Carr and Investigators David
Killeen and Bobby Frye.
2. Approval of Agenda
Motion 21-043 Moved by Member Jutte,
seconded by Member Key:
The Board approved the May
14, 2021 revised agenda as presented.
The motion passed unanimously.
3. Approval of the March 12, 2021 Meeting Minutes
Motion 21-044 Moved by Member Jutte,
seconded by Member Key:
The Board approved the March 12, 2021 minutes as presented.
The motion passed
unanimously.
B. Enforcement Matters
Stipulations
EEB
Case 2017-044 (Katze)
Assistant Attorney General Chad
Standifer briefed the Board on a proposed stipulation and order in the matter
of Michael Katze, former faculty member with the University of Washington
School of Medicine in the Department of Microbiology Primate Center. Mr. Katze
agreed that he may have violated the Ethics in Public Service Act related to
inappropriate use of state resources, conflicts of interest and special
privileges. Evidence indicated that he had his staff perform personal errands
and schedule personal appointments for him, used his state computer and cell
phone extensively for his personal use, including pornography and had a
personal relationship with a subordinate. The stipulation imposes a civil
penalty of $25,000.
EEB
Case 2018-061 (O’Brien)
Senior Investigator David Killeen briefed
the Board on a proposed stipulation and order in the matter of Karen O’Brien, a
Registered Nurse at the Washington Correctional Center with the Department of
Corrections. Ms. O’Brien agreed that she may have violated the Ethics in Public
Service Act by using her state computer to browse the internet for her personal
benefit and gain, for storing hundreds of non-work related images on her state
computer and downloading copies of novels on her work computer. The stipulation
imposes a civil penalty of $2,000 with $500 suspended.
EEB
Case 2019-034 (Woodard)
Investigator Bobby
Frye briefed the Board on a proposed stipulation and order in the matter of Robert
Woodard, former IT Specialist 4 with the Department of Fish and Wildlife. Mr.
Woodard agreed that he may have violated the Ethics in Public Service Act by
using state resources for private benefit or gain. Evidence indicated that he
misappropriated over $65,000 in funds when he used state credit cards to buy
fuel for his personal vehicles over several years. The stipulation imposes a
civil penalty of $4,500.
EEB
Case 2020-005 and 2020-064 (Cutler)
Assistant Attorney
General Chad Standifer also briefed the Board on a proposed stipulation and
order in the matter of Lisa Cutler, Computer Technology Specialist at Clover
Park Technical College. Ms. Cutler agreed that she may have violated the Ethics
in Public Service Act by using state resources for her private benefit and to
support the Classified Union at Clover Park Technical College. The stipulation
imposes a civil penalty of $2,500 with $1,000 suspended.
EEB
Case 2020-019 (Nemati)
Senior Investigator
David Killeen briefed the Board on a proposed stipulation and order in the
matter of Kamran Nemati faculty member with the College of Built Environment’s
Department of Construction Management at the University of Washington. Mr.
Nemati agreed that he may have violated the Ethics in Public Service Act by
using state resources for his private benefit and gain. Evidence indicated that
he worked full-time for a private engineering company and received payment for
travel expenses he was not entitled to receive. The stipulation imposes a civil
penalty of $2,000.
EEB
Case 2020-037 (Hofstad)
Senior Investigator David
Killeen also briefed the Board on a proposed stipulation and order in the
matter of Robyn Hofstad Administrative Assistant 4 with the Department of Social
and Health Services. Ms. Hofstad agreed that she may have violated the Ethics
in Public Service Act by using state resources for private benefit or gain and
for use in support of her outside business. Evidence indicated that she used
her state computer to stream videos, pay bills and to store over 6,000 personal
pictures. The stipulation imposes a civil penalty of $3,000 with $1,500
suspended.
EEB
Case 2020-046 (McBride)
Senior Investigator David
Killeen also briefed the Board on a proposed stipulation and order in the
matter of Maria McBride, former Laundry Supervisor at the Coyote Ridge
Correctional Center with the Department of Corrections. Ms. McBride agreed that
she may have violated the Ethics in Public Service Act by receiving pay for
time not worked. Evidence indicated that she failed to submit leave for at
least 53 hours during a 12-month review period. The stipulation imposes a civil
penalty of $2,000.
EEB
Case 2020-051 (Ruge)
Investigator Bobby
Frye briefed the Board on a proposed stipulation and order in the matter of Laura
Ruge, a Psychology Associate with the Department of Corrections. Ms. Ruge
agreed that she may have violated the Ethics in Public Service Act by using
state resources for her private benefit and gain. Evidence indicated that over
a 12-month period she used her state computer for personal use to include 1,524
pages of personal email communications. The stipulation imposes a civil penalty
of $2,500 with $1,000 suspended.
EEB
Case 2020-067 (Meza-Diaz)
Investigator Bobby
Frye also briefed the Board on a proposed stipulation and order in the matter
of Eduardo Meza-Diaz, Corrections Officer 2 with the Department of Corrections.
Mr. Meza-Diaz agreed that he may have violated the Ethics in Public Service Act
by using state resources for private benefit or gain. Evidence indicated that
over a five-month period he accessed the internet for personal use at least
once on 93 different days. The Board levied a civil penalty of $2,500 with
$1,000 suspended.
Executive
Director Dismissals
Kate Reynolds summarized four Executive Director Dismissals in the
matters of EEB Case 2020-054 (Rick Richardson), EEB Case 2020-068 (Jim Sisko),
EEB Case 2020-069 (Thomas Almli) and EEB Case 2021-007 (Joshua Keliikoa).
The Board deferred action on the enforcement matters until after
their closed session.
C. Rule-Making
Kate
Reynolds briefly discussed proposed draft changes to WAC 292-100 Procedural
Rules.
Member
Jutte noted one amendment to the proposed changes. Ms. Reynolds will make the
change and bring the rules back to the Board’s July meeting for consideration.
D. Advisory Opinion Review
Kate Reynolds reported on an Advisory Opinion (AO) review project
and presented a group of AOs related to Activities
Incompatible, Financial Interests, and Assisting in Transactions for the Board’s review.
Chair Battan noted some confusion within AO 98-05 Transactions
Involving the State. She asked that staff clarify the language and bring it
back to the Board for review at the next Board meeting.
Motion 21-045 Moved by Chair Battan,
seconded by Member Key:
The Board approves Advisory
Opinion 99-02 Non-profit entities.
The motion passed unanimously.
Motion 21-046 Moved by Chair Battan,
seconded by Member Jutte:
The Board approved updates
to the following Advisory Opinions:
·
Advisory
Opinion 96-09: Disclosure
Requirements for Boards and Commissions
·
Advisory
Opinion 96-09A: Boards
and Commissions
·
Advisory
Opinion 97-03: Outside Employment
with a Regulated Entity
·
Advisory
Opinion 97-11: Financial Interests/Board Membership
·
Advisory
Opinion 97-12: Stock
Ownership by State Employee
·
Advisory
Opinion 97-13: Financial Interests/Board Membership
·
Advisory
Opinion 98-04: Elective Office/Confidential Information
·
Advisory
Opinion 98-07: Outside Employment/Subcontracting
·
Advisory
Opinion 98-08: Conflict of Interest/Board Membership
·
Advisory
Opinion 98-11: Potential Conflicts of Interest Regarding
Prospective Employment
·
Advisory
Opinion 99-04: Conflict of Interest/Spouse’s Business
Interest
·
Advisory
Opinion 99-07: Conflicts
of Interest Regarding Board Membership
·
Advisory
Opinion 00-04: Outside
Employment with a Regulated Entity
·
Advisory
Opinion 00-14: Serving on the Board of a Non-state entity that
is Seeking Funds from the State Employee’s Parent Agency
·
Advisory
Opinion 01-02: Membership
in Non-State Organizations that are Affected by State Agency Decisions
·
Advisory
Opinion 01-03: State
Employee's Outside Business Relationship with an Agency Vendor
·
Advisory
Opinion 01-04: State
Officer's Outside Business Relationship With An Agency That They Oversee
·
Advisory
Opinion 02-03: Conflicts Between the Regulatory and
Proprietary Functions of an Agency Employees
·
Advisory
Opinion 03-05: Holding an Interest Beneficial or Otherwise
in a Person Regulated by a Citizen Body Whose Members May be Selected from
Identified Groups or Interests
·
Advisory
Opinion 04-03: Conflicts of Interest Related to Membership
in Groups that are Sponsored by the Department of Natural Resources
·
Advisory
Opinion 09-02: Spouse
Contracting with State Agency
·
Advisory
Opinion 09-03: Stock
Ownership
·
Advisory
Opinion 10-03: Simulcast Races Wagering
The motion passed unanimously.
E. Staff Reports
Executive
Director Kate Reynolds provided a brief summary regarding Legislation that may
have had an impact on the Ethics in Public Service Act.
No
other staff reports were given.
F. Public Comment/Board Member
Comment
No
public or Board member comments were given.
G. Closed Session
At 9:47
a.m. the Board moved into Closed Session.
At 11:07 a.m. the Board returned to regular session and reported
the following:
Motion 21-047 Moved by Chair Battan,
seconded by Member Key:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $25,000 in EEB Case 2017-044 Michael Katze.
The motion passed unanimously.
Motion 21-048 Moved by Member Jutte,
seconded by Member Key:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,000 with $500 suspended in EEB Case 2018-061 Karen O’Brien.
The motion passed unanimously.
Motion 21-049 Moved by Member Key,
seconded by Member Jutte:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $4,500 in EEB Case 2019-034 Robert Woodard.
The motion passed unanimously.
Motion 21-050 Moved by Member Jutte,
seconded by Member Key:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,500 with $1,000 suspended in EEB Case 2020-005 and EEB Case 2020-064 Lisa
Cutler.
The motion passed unanimously.
Motion 21-051 Moved by Chair Battan,
seconded by Member Jutte:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,000 in EEB Case 2020-019 Kamran Nemati.
The motion passed unanimously.
Motion 21-052 Moved by Member Jutte,
seconded by Member Key:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $3,000 with $1,500 suspended in EEB Case 2020-037 Robyn Hofstad.
The motion passed unanimously.
Motion 21-053 Moved by Member Key,
seconded by Member Jutte:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,000 in EEB Case 2020-046 Maria McBride.
The motion passed unanimously.
Motion 21-054 Moved by Member Jutte,
seconded by Member Key:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,500 with $1,000 suspended in EEB Case 2020-051 Laura Ruge.
The motion passed unanimously.
Motion 21-055 Moved by Chair Battan,
seconded by Member Key:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,500 with $1,000 suspended in EEB Case 2020-067 Eduardo Meza-Diaz.
The motion passed unanimously.
Motion 21-056 Moved by Member Jutte,
seconded by Chair Battan:
The Board determined that any
violation that may have occurred does not constitute a material violation
because it was inadvertent and minor, or has been cured, and, after
consideration of all of the circumstances, further proceedings would not serve
the purposes of this chapter and dismisses EEB Case 2020-062 Joshua Hall.
The motion passed unanimously.
Motion 21-057 Moved by Member Jutte,
seconded by Chair Battan:
The Board determined that any
violation that may have occurred does not constitute a material violation
because it was inadvertent and minor, or has been cured, and, after
consideration of all of the circumstances, further proceedings would not serve
the purposes of this chapter and dismisses EEB Case 2020-063 Steve Bramhall.
The motion passed unanimously.
Motion 21-058 Moved by Chair Battan,
seconded by Member Jutte:
The Board found Reasonable
Cause over $500 in EEB Case 2020-065 Dorina Fithen.
The motion passed unanimously.
Motion 21-059 Moved by Chair Battan, seconded
by Member Key:
The Board found Reasonable Cause
over $500 in EEB Case 2020-066 Lauresa Hart.
The motion passed unanimously.
Motion 21-060 Moved by Chair Battan,
seconded by Member Key:
The Board found Reasonable
Cause over $500 in EEB Case 2020-070 Tammis Doyle.
The motion passed unanimously.
Motion 21-061 Moved by Chair Battan,
seconded by Member Jutte:
The Board determined that any
violation that may have occurred does not constitute a material violation
because it was inadvertent and minor, or has been cured, and, after
consideration of all of the circumstances, further proceedings would not serve
the purposes of this chapter and dismisses EEB Case 2020-071 Nils Johnson.
The motion passed unanimously.
Motion 21-062 Moved by Member Key,
seconded by Member Jutte:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-002 Tony Leonetti.
The motion passed unanimously.
Motion 21-063 Moved by Member Jutte,
seconded by Chair Battan:
The Board issued a Final
Order of Default and imposed a civil penalty of $4,500 in EEB Case 2018-053
Jennifer Smith.
The motion passed unanimously.
Motion 21-064 Moved by Member Key,
seconded by Chair Battan:
The Board issued a Final Order
of Default and imposed a civil penalty of $1,000 in EEB Case 2020-010 Alyssa
Fobes.
The motion passed unanimously.
H. Miscellaneous Matters/Adjournment
There
were no miscellaneous matters and the meeting was adjourned at 11:26 a.m.
Approved by the Board 9/10/2021