Special Meeting

Board Retreat Minutes

June 10, 2004



Schmidt Mansion

Olympia, Washington


1.      Preliminary Business - The meeting was called to order at 8:35 a.m.

      a)   Roll Call – Chair Marilee Scarbrough, Vice-Chair Paul Zellinsky, Members Trish Akana, James Vaché, and Evelyn Yenson were present.  Also attending were Board Counsel Sharon Eckholm, Executive Director Brian Malarky, Investigator Sue Jones, Interim Investigator Linda Stark, Compliance Analyst Mechele Linehan, and Education & Outreach Coordinator Debbie O’Dell.  Counsel to Board Staff Linda Dalton attended the afternoon session.

      b)   Approval of Agenda – The Retreat agenda was approved with no changes.

2.      When The Laws Aren’t Enough, Federal Sentencing Guidelines Revisions – Former Executive Secretary to the Board, Meg Grimaldi, presented a summary of changes to the Federal Sentencing Guidelines and establishing an ethical culture in large organizations.

3.      Strategic Planning Discussion – Consultant Faith Trimble facilitated discussion of long-term direction of the board and staff.  Board staff will hold a separate retreat prior to the July 9th Board meeting and discuss a draft strategic plan and implementation strategies with the Board at the July meeting.  The Board’s goal is to adopt a strategic plan at the September 10th meeting.

4.   Discussion of Specific Recent Issues:

      a)   Press and Media Contacts Mr. Malarky briefed the Board prior policy and history regarding Board staff responses to press and media contacts.  The Board directed Mr. Malarky to consult with and report to the Board Chair regarding all press and media contacts. 

      b)   Supervisor to Supervisee Conflicts of Interest – The Board reviewed and discussed a memorandum from the Board Counsel regarding conflicts of interest caused by business relationships between a supervisor and supervisee.  The Board decided not to issue a separate opinion and the Board decided to address issues on a case by case basis to consider alternative means of managing conflicts of interest created when state officers and employees are promoted or transferred into positions that supervise their existing business partners.

      c)   Board Thresholds/Frivolous Complaint Letter – Mr. Malarky briefed the Board about significant amounts of Board staff time used to resolve single frivolous complaints against multiple state officers and employees.  The Board directed the Board staff to develop a single letter order of dismissal that would be used to resolve multiple complaints in which the Board lacked jurisdiction or in which the complaints were frivolous.  The Board also directed Board Counsel to review current rules regarding Board review of referrals from the State Auditor and agencies.  Counsel reviewed prior to today's meeting and suggested that the rule needed changes.

      d)   Board Reviewing Officer – Mr. Malarky briefed the Board on history and practice regarding the use of a reviewing officer during certain cases.  The Board directed Board staff to continue current practice regarding reviewing officers, including consultation with the Board chair, and to draft recommended rules changes that will formalize the process.

4.      Miscellaneous Matters/Adjournment – The Board adjourned at 4:30 p.m.