STATE OF WASHINGTON

EXECUTIVE ETHICS BOARD

REGULAR BOARD MEETING

June 8, 2001

The Executive Ethics Board convened in regular session at 10:36 a.m. at the Labor and Industries Field Service Location, 12806 Gateway Drive in Tukwila.

Present:

James M. Vaché, Chair

Laquita Fields, Board Member

Cheryl Rohret, Board Member

Marilee Scarbrough, Board Member

Also Present:

Brian Malarky, Executive Director

William Collins, Counsel to the Board

Jean Wilkinson, New Counsel to the Board

1. Preliminary Business

a. Roll call - Board members James Vaché, Laquita Fields, Cheryl Rohret, and Marilee Scarbrough were present.

b. Approval of Agenda - Item # 9 deleted due to scheduling conflict, otherwise, the Agenda was approved.

c. Approval of Minutes From May 11, 2001, Regular Meeting - The May 11, 2001 minutes were approved noting minor changes.

2. Welcome Jean Wilkinson! New Counsel to the Board

Bill Collins introduced Jean Wilkinson who will become the Board's counsel in September 2001. An AAG since 1985, Ms. Wilkinson has represented several state agencies. Since 1993, she has represented statewide boards and commissions, including the Legislative Ethics Board and the Commission on Judicial Conduct. Chair Jim Vaché noted that the Board was very glad to have Ms. Wilkinson on board but regrets seeing Bill Collins depart.

3. Presentation - Proposed Stipulation & Order regarding EEB Case No. 00-04

The Executive Director presented this proposed settlement. The matter involved the use of state resources to support the respondent's outside work, in violation of RCW 42.52.160. The proposed penalty of $1,000 ($500 suspended) was mitigated by discipline imposed by the respondent's department. The respondent's collective bargaining representative provided additional comments and noted that the respondent supports the settlement as drafted.

4. Presentation - Proposed Stipulation & Order regarding EEB Case No. 00-29

The Executive Director presented this proposed settlement. The matter involved an extensive use of state resources (i.e., e-mails) to support the respondent's work for an outside non-profit corporation. The proposed penalty of $1,500 ($750 suspended) was mitigated by the respondent's cooperation with the Board's staff in this matter.

5. Presentation - Proposed Stipulation & Order regarding EEB Case No. 99-14

The Executive Director presented this proposed settlement. The matter involved an extensive use of state resources by a private company owned by the respondent's spouse and a conflict of interest created when the respondent took over management of department which had permitted his spouse to use state facilities. The settlement included a civil penalty of $4,000 ($1,500 suspended) and restitution of $4,000.

6. Draft Advisory Opinion Request # 01-2-0205-15 (01-04), Issuing Personal Service Contracts to WSSDA Board Members

The Executive Director presented this matter. After the last Board meeting WSSDA provided additional information and answered questions from the Board. The WSSDA Assistant Director thanked board and staff for addressing this issue and noted that WSSDA has sufficient information to move forward in better managing the Association and developing policies

The Board asked the staff to redraft two paragraphs and bring the final draft back to the July 13 meeting for approval

7. Draft Advisory Opinion Request # 01-2-0503-98 (01-05), Gifts to State Officers

The Executive Director presented this matter. Chair Vaché asked the Board staff to re-draft the opinion so that it meets both the Executive Director and the Board Counsel's approach. Board Counsel will make a redraft and send it to the Executive Director for comment.

8. Policy Review - File # 01-6-0313-61 HCA "Gifts" and "Using State Resources"

Board member Marilee Scarbrough moved and Board Member Cheryl Rohret seconded approval of the Health Care Authority policies as drafted. The motion was passed and the policies approved.

Break - 11:35 a.m. to 11:43 a.m.

9. Staff Report

a. Case Status Report

b. The Board staff distributed an AGO Opinion that states that the Executive Ethics Board holds jurisdiction regarding the Ethics in Public Service Act over the Washington State Redistricting Commission.

c. Case Dismissals

d. Filed CR101's

e. Miscellaneous Correspondence

11. Scheduling Issues

The October meeting will be held in Yakima. The Board will hold a retreat on September 13, 2001.

12. Public Comment/Board Member Comments

Gail Swanson (ESD) proposed that the Board consider attaching a “certificate” to approved agency policies. Ms. Swanson also proposed that advisory opinions have an outside review before presentation to board to ensure readability to the general public. Finally, Ms. Swanson noted that the EEB website is not being updated. The Board asked the Executive Director to confer with the AGO's Director of Administration to resolve this issue.

Lunch Break - 1:00 p.m. to 1:30 p.m.

13. Executive Session

The Board met in Executive Session to consider complaints against public officials.

The Session began at 2:30 p.m. and ended at 2:57 p.m. At the conclusion the Board announced the following:

¨ The proposed Stipulation and Order in EEB Case # 00-04 (Johnson) was accepted.

¨ The proposed Stipulation and Order in EEB Case # 00-29 (Lindley) was accepted.

¨ The proposed Stipulation and Order in EEB Case # 99-14 (Casey) was accepted with a modification. The Board struck all language requiring the Board to issue an advisory opinion regarding the conduct at issue in the matter.

14. Miscellaneous Matters/Adjournment

Adjourned at 3:00 p.m.

______________________________

Chair, James M. Vaché

Dated: July 13, 2001