Regular Meeting Minutes

June 14, 2002 at 10:30 A. M.



L&I Field Service Location

12806 Gateway Dr

Tukwila, WA 98168


  1. Preliminary Business - The meeting was called to order at 10:35 a.m.
  1. Roll Call – The Chair welcomed a new board member, Paul Zellinsky. Mr. Zellinsky is a retired businessman and state legislator from Bremerton. Chair Laquita Fields, Members Marilee Scarbrough, James Vaché, and Paul Zellinsky were present.
  2. Approval of Agenda – The Agenda was approved with no changes
  3. Approval of May10, 2002 Meeting Minutes – The May 10th meeting minutes were adopted with minor changes.

  1. Policy Review No. 02-6-0429-73 - Pollution Liability Insurance Agency (PLIA). The Board reviewed three policies submitted by the PLIA. The Board approved the PLIA policy regarding the "Acceptance of Gifts and Meals", however, the Board recommended several minor edits. The Board did not approve the PLIA policies on "Acceptance of Honoraria" and the "Use of State Resources." The Board requested several significant changes and clarifications. The Executive Director will contact PLIA and return with changed policies.
  2. Policy Review No. 02-6-0531-86 - State Investment Board (SIB). The Board approved a SIB policy regarding "Usage of the Internet." Member Scarbrough asked the Board staff to develop a matrix of approved policies including staff policy recommendations.
  3. Draft Advisory Opinion # 01-2-1030-251 (02-04), Use Of State Resources To Distribute Newspaper Articles And Editorials. The Executive Director briefed this opinion. The draft reflected the Board’s discussion from the May meeting. The Board’s counsel Jean Wilkinson recommended several changes regarding a legal citation to the Public Disclosure Commission’ School Guidelines. The opinion was adopted with several changes, including those recommended by Board counsel.
  4. Draft Advisory Opinion # 02-2-0221-28 (02-0X), State Agency Officers Or Employees Who Hold Leadership Positions With A Private Non-Profit Organization Composed Of Individuals And Groups Who Contract With The Agency. The Executive Director briefed the Board on the status of this request, which is on hold pending receipt of more information.
  5. Informal Request for Advice # 01-2-1221-247, The Receipt and Sale of Unsolicited Textbooks Sent to Community College Faculty for Evaluation or Review. The Executive Director briefed this request and a draft non-binding staff analysis. The draft staff analysis notes that Community College instructors may receive textbooks for evaluation but selling the textbooks on the secondary market may result in a violation of RCW 42.52.150. Member Vaché suggested that the staff should inform the colleges about this request and solicit inputs. The Board tabled the request and instructed staff not to issue the non-binding staff analysis. The Board staff will obtain more facts before moving forward with an advisory opinion.
  6. Staff Report
  1. New Investigator – Linda Dalton, Counsel to the Board Staff, gave some background information about the Board’s new investigator Sue Jones. Member Scarbrough gave the Board a report on hiring process.
  2. Budget update The Executive Director briefed the status of the Board’s budget. Current projections indicate that the Board will under expend its FY2002 budget by about 10%, or $30,000. The savings were realized because of reduced salary and legal fees, the deferral of travel, equipment, and publishing expenses; and the receipt of reimbursed investigation costs. The Executive Director is working with the Attorney General’s Office to identify staffing and equipment purchases that will reduce the amount leftover in FY 2002.
  3. Case update – Potential Hearing Dates – The Board discussed scheduling options regarding two pending cases.
  4. COGEL and State Ethics Conferences The Executive Director noted that it was unlikely that the Attorney General would authorize travel to the annual COGEL Conference.
  5. Proposed Rule Making – CR 101 for Expert Witness Contracts with Higher Education Employees – The Executive Director updated the Board members regarding this request.
  1. Public Comment/Board Member Comments Member Vaché asked about the Board’s retention policy. Brian Jensen, DIS Ethics Advisor asked about the PLIA policy regarding the use of state resources to conduct charitable work. Gail Swanson, ESD Ethics Advisor noted that the Board approved ESD Use of Resources policy, which allowed the agency to use facilities for charitable work. Member Vaché recalled that ESD’s policy included "de minimis" use language and the PLIA’s policy does not. The Board instructed staff to develop a briefing for the Board regarding an agency director’s ability to authorize more than de minimis use of resources to support charitable work.
    The Board went into recess for lunch at 12:53 a.m. and returned at 1:15 p.m.
  3. Executive Session – The Board was in Executive Session to discuss complaints against public officers and employees from 1:16 p.m. until 2:03 p.m.
  4. Miscellaneous Matters/Adjournment – The Board adjourned at 2:04 p.m.