Executive Ethics Board Special Meeting Minutes
May 26, 2004
A. Preliminary Business
1. Roll Call - The meeting was called to order at 3:00 p.m. Present were Chair Marilee Scarbrough (via telephone), Vice-Chair Paul Zellinsky (via telephone), Member Trish Akana, Member James Vaché (via telephone), and Member Evelyn Yenson (via telephone). Also in attendance: Executive Director Brian Malarky; Board Counsel Assistant Attorney General Sharon Eckholm, and Board Staff, Mechele Linehan.
2. Approval of Agenda - Motion was made, seconded and passed to approve the agenda as written.
B. Non-Binding Staff Analysis Request from the Washington State Investment Board (WSIB) - The Executive Director presented a draft non-binding staff analysis concerning current 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.
C. Executive or Closed Session (If Required) - At 3:18 p.m., the Board went into executive session to discuss, with legal counsel representing the Board, matters relating to agency enforcement actions. The Board, Board Counsel, and Board Staff attended the executive session.
D. Public Comment/Board Member Comments - There were no public or Board member comments.
E. Miscellaneous Matters/Adjournment - After reconvening the public
session at 3:55 p.m., the Board instructed the Executive Director to not issue
the letter and to orally convey, followed by a letter, the three points of the
Board's concern: (1) the EEB determined there is insufficient information to
extend protection under the Ethics Act to current WSIB staff and to conclude
there is not a violation of the Act; (2) if the facts are as stated, the EEB
may find a violation under RCW 42.52.020 and .040; and (3) the WSIB has an obligation
under RCW 42.52.190 to adopt policies governing approval of investments and
establishing criteria to be considered in the approval process.
The meeting adjourned at 4:00 p.m.