SchmidtMansion - 330 Schmidt Place SW – Olympia, WA
Board Retreat Minutes
July 8, 2005
The regular meeting of the Washington State Executive Ethics Board
(EEB) was called to order by Chair Paul Zellinsky at Also present were Vice Chair Trish Akana, and Members Marilee Scarbrough, JudyGolberg and EvelynYenson.Board staff in attendance included:Executive
Director SusanHarris, SeniorAssistant Attorney GeneralLindaMoran, Assistant Attorney General MikeTribble and Administrative Officer Ruthann
2.Approval of Agenda
Motion 06-001Moved by Chair Zellinsky, seconded by Vice Chair Akana:
The Board approves the July 8, 2005
agenda as written.
The motion passed unanimously.
3.Approval of June 10, 2005
Vice Chair Akana noted that the minutes need to reflect that the
Board upheld the Executive Director’s dismissal in EEB Case 01-099.
Motion 06-002Moved by Vice Chair Akana, seconded by Member Scarbrough:
The Board approves the June 10, 2005
minutes as amended.
The motion passed unanimously.
B.Proposed Stipulation and Orders
1.EEB Case No. 02-012 (Leggett)
Ms.Harris briefed the Board on the proposed
stipulation and order.Ms.Leggett agreed that she violated RCW 42.52.160
when she used the state telephone system to make personal telephone calls, used
her state computer to visit internet sites that were not work related and sent
numerous personal email messages. In addition, Ms.Leggett requested her staff perform personal
errands and accompany her to places of personal interest. The Board’s
deliberation on the proposal was deferred until closed session.
C.Executive or Closed Session
At the Board moved into Closed Session to deliberate on the proposed
stipulation. At the Board came back into regular session and announced it had
accepted the stipulation in its entirety in the Leggett matter.
D.Review of Strategic Plan, Goals and
The Board members and staff devoted two and a half hours to
revising the agency’s strategic plan. The planning session focused on examining
the Board’s mission and vision statements and modifying the goals, objectives,
strengths, weaknesses, opportunities and challenges.
E.Education and Training Plan
Ms.Harris summarized a plan for implementing a
“train the trainer” program designed to provide agency directors or appointees
with the tools necessary to enable them to train employees in their own agency.
She also discussed starting an ethics advisors group for small agencies.
The Board requested that staff research other states training
tools to expand outreach.
Ms.Harris provided the Board with a draft of RCW
42.52.380 with changes to reflect the Board’s desire to be permitted to lobby
the legislature and the executive branch of government. The Board requested
that for clarification the language under (1)(d) be changed to “lobby or
control, direct, or assist a lobbyist except that a member or the staff of the board may lobby to the limited extent
permitted by RCW 42.17.190 on matters related to the board or this chapter.”
She presented a draft amendment to
WAC 292-100-107 which defines “lobbying” for the purposes of 42.52.380 and
draft amendment to WAC 292-130-030, Operations and procedures, to incorporate
the date and location of regular scheduled meetings. The Board concurred with
the proposed rule changes.
Ms.Harris also discussed potential legislation to
change the State Auditor’s statute regarding whistleblower investigations that
are referred to the EEB for possible action. The Board directed staff to invite
a spokesman from the State Auditor’s Office to a future meeting to discuss the
current process and options for streamlining that process.
Chair Zellinsky and SusanHarris will schedule a meeting with Milt Doumit
and HunterGoodman to discuss the Attorney General’s
legislative agenda for next session.
G.Executive Director Dismissals
Ms.Harris reported on new legislation which gives
the Board the ability to dismiss complaints. In the past, only the Executive
Director had the authority to dismiss, but any Board member could ask for a
review of the dismissal. A draft policy was presented outlining what types of
complaints may be dismissed by the Executive Director and those that may be
dismissed by the Board. The Board removed the second sentence of the fourth
paragraph and accepted the policy with the amendment.
H.Prioritization of Investigations
Ms.Harris summarized the results of a review of
pending cases and discussed a plan for prioritizing the cases by what appears
to be the extent of injury to the state. The Board also discussed adding cases
over 2 years old to the Level one tier and approved the plan as amended.
I.Development of Penalty Schedules
Ms.Harris also presented a draft penalty schedule
for staff to use in settlements and for the Board to use when deciding to
accept a settlement or when hearing a case and determining an appropriate
penalty. She noted that a penalty schedule would help provide a consistent
approach to enforcement. The Board amended the amounts in the penalty column
and revised the heading to read “Minimum Penalty” and approved the schedule.
J.Executive Session Procedures
Assistant Attorney General LindaMoran discussed Member’s policies relating to
Executive Sessions and Closed Sessions. The Board requested clarification on
the circumstances for each session and further discussion on the policies will
be scheduled at the September 9th meeting.
Ms.Harris discussed the COGEL conference being
held December 4-7 in Boston, Massachusetts. The Board approved Members Judy Golberg
and EvelynYenson and staff SusanHarris and SueJones to attend the conference. The meeting
was adjourned at