WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– 1st Floor Conference Room 148 – Olympia, WA

 

June 13, 2008

Regular Meeting Minutes

 

 

A.   Preliminary Business

1.    Roll Call

The regular meeting of the Washington State Executive Ethics Board (EEB) was called to order by Chair Judy Golberg at 9:00 a.m.  In attendance were Vice Chair Neil Gorrell and Members Evelyn Yenson, Linnaea Jablonski and Mike Connelly. Board staff in attendance included:  Executive Director Melanie de Leon, Assistant Attorney General Mickey Newberry, Senior Counsel Jerry Anderson, and Investigators Nancy Lewin and Sue Jones. 

 

2.    Approval of Agenda

 

Motion 08-024 Moved by Member Connelly, seconded by Member Yenson:

 

The Board approves the June 13, 2008 agenda as presented.

 

The motion passed unanimously.

 

3.    Approval of May 9, 2008 Meeting Minutes

        

Motion 08-025 Moved by Member Yenson, seconded by Member Connelly:

 

The Board approves the May 9, 2008 minutes as presented.

 

Voting For:  Chair Golberg, Vice Chair Gorrell and Members Connelly and Yenson.

 

Abstaining:  Member Jablonski.

 

The motion passed.

 

B.   Enforcement Matters

         Approval of Stipulated Facts, Conclusion and Orders

            EEB Case No. 08-005 (Steve Conn)

Nancy Lewin briefed the Board on the proposed stipulation and order. Mr. Conn agreed that he violated RCW 42.52.160 when he made personal phone calls from a state-issued cell phone that resulted in excess charges totaling more than $2,000.00. She noted that he has paid restitution to Olympic College for the charges. The parties agreed that Mr. Conn would pay a civil penalty of $1,000.00 with an additional $200.00 in investigative costs.

 

            EEB Case No. 07-014 (W.H. Knight)

Melanie de Leon briefed the Board on the proposed stipulation and order. Mr. Knight agreed that he violated RCW 42.52.160 when he used state resources in his service as a member of the board of directors of a private business. The parties agreed that Mr. Knight would pay a $750.00 penalty with $250.00 suspended.

 

            EEB Case No. 07-012 (Jamie Holter)

Nancy Lewin also briefed the Board on the proposed stipulation and order. Ms. Holter agreed that she violated RCW 42.52.160 when she used her agency-issued cell phone and her SCAN code to make personal phone calls. The parties agreed that Ms. Holter would pay a civil penalty of $500.00 with $250.00 suspended.

 

The Board’s deliberation on the proposed stipulations was deferred until closed session.

 

C.   Legislation

Ms. de Leon briefly discussed draft language for proposed legislation regarding RCW 42.52.500, Optional hearings by administrative law judge. She noted that the only proposed change is that the dollar amount requiring the option for an administrative law judge would increase from $500 to $2,000.

 

The Board concurred with the proposed language.

 

D.   Advisory Opinion Requests

WA State Department of Transportation – Collective Bargaining Participants. Melanie de Leon introduced Marie Steffen representing the Department of Transportation. She discussed a request for a formal advisory opinion from the Department of Transportation (DOT) asking if a manager, as part of the state’s bargaining team, may propose language during collective bargaining that may benefit himself or herself, his or her spouse, or child?

 

DOT is also asking if a manager, who on approved withdrawal from a union after accepting a management position, may be a part of the state’s bargaining team with that union when that manager may receive a benefit for himself or herself, his or her spouse, or child because the member has the right to voluntarily revert back to a represented position and receive benefits previously negotiated.  

 

Jessica Todorovich and Jeff Peldon, DOT Labor Relations Managers, addressed the Board and provided background on the collective bargaining agreement negotiations and history.  Marie Steffan, from the DOT Internal Audit Office, added that the question was brought forward to ensure that it is not a special privilege.

 

Gladys Burbank, representing the WA Federation of State Employees, commented that proposals are submitted by a body of people who have worked together to create the proposal brought to the table. As a result, one particular manager cannot be singled out as creating it themselves.  She also requested that any draft advisory opinion be widely disseminated for review and comment.

 

Following discussion, the Board requested that the executive director draft an advisory opinion finding no special privilege violation of the Ethics in Public Service Act for review at the July 11th meeting.

 

Request for Reconsideration of Advisory Opinion 08-01 Authorizing Wellness Organizations to Sell Products. Melanie de Leon also briefly updated the Board on a request for reconsideration of Advisory Opinion 08-01 Authorizing Wellness Organizations to Sell Products discussed at the May 9th meeting.

 

Motion 08-026 Moved by Member Yenson, seconded by Member Connelly:

 

The Board reconsiders Advisory Opinion 08-01 Authorizing Wellness Organizations to Sell Products.

 

Voting For:  Members Yenson and Connelly.

 

Voting Against:  Chair Golberg, Vice Chair Gorrell and Member Jablonski.

 

The motion failed.

 

C.  Staff Reports

1.  Executive Director’s Report

Melanie de Leon summarized her activity report for May, highlighting training for a variety of state agencies and noted that she is meeting with Andy Hill of the Information Services Division to discuss a proposal for interactive training. She briefly reported on a supplemental budget request for litigation. Ms. de Leon also introduced Assistant Attorney General Mickey Newberry who replaces staff attorney AAG Ted Miller.

 

2.  AAG Report

Assistant Attorney General Mickey Newberry noted that she is familiarizing herself with pending cases and briefly updated the Board on the Linda Evans matter, a case previously before the Board and Administrative Law Judge Watkins for a jurisdiction hearing.

 

3.  Other Staff Reports

No other staff reports were given.

 

F.  Public Comment/Board Member Comments

      No public or Board member comments were provided.

 

G.  Executive or Closed Session

At approximately 10:25 a.m. Chair Golberg noted there were no executive session items and the Board moved into Closed Session to discuss potential litigation, deliberate and to receive and evaluate complaints against state employees and officers. 

      At 10:53 a.m. the Board returned to regular session and reported the following:

 

Motion 08-027 Moved by Member Connelly, seconded by Vice Chair Gorrell:

 

The Board accepts the Stipulated Facts, Conclusions and Orders in EEB Case #08-005, Steve Conn, EEB Case #07-014, W.H. Knight, and EEB Case #07-012 Jamie Holter, as presented.

 

The motion passed unanimously.

 

Motion 08-028 Moved by Member Connelly, seconded by Member Jablonski:

 

The Board does not initiate a complaint EEB Case #08-110, Andrew Phillips.

 

The motion passed unanimously.

 

Motion 08-029 Moved by Member Connelly, seconded by Member Jablonski:

 

The Board denies the Request for Review of Executive Director Dismissal in EEB Case #08-008, Joelle Steward and EEB Case #08-009, Thomas Schooley.

 

The motion passed unanimously.

 

H.   Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:02 a.m.

 

Approved by the Board 9/12/08