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