WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 4th
Floor Conference Room – Olympia, WA
July 8, 2016
Regular Meeting Minutes
A. Preliminary Business
1. Roll Call
The regular meeting of the Washington State Executive Ethics Board
(Board) was called to order by Vice Chair Samantha Simmons at 9:00 a.m. In attendance were Member Lisa Marsh and
Member Sumeer Singla. Chair Anna Dudek Ross and Member John Ladenburg were
absent. Board staff in attendance included:
Executive Director Kate Reynolds, Assistant Attorney General Bruce
Turcott, Assistant Attorney General Chad Standifer, Investigators David Killeen
and Dan Davis and Administrative Officer Ruthann Bryant.
2. Approval of Agenda
Ruthann Bryant noted the addition of an Executive Director Dismissal
under Enforcement Matters.
Motion 16-039
Moved by Member Marsh, seconded by Member Singla:
The Board approves the July
8, 2016 agenda as presented.
The motion passed unanimously.
3. Approval of the May 13, 2016 Meeting Minutes
Motion 16-040 Moved by Member Marsh,
seconded by Vice Chair Simmons:
The Board approves the May 13, 2016 minutes as presented.
The motion passed
unanimously.
B. Rule Making
Public Hearing regarding
WAC 292-130 Agency Organization – Public Records
Kate Reynolds presided over the public hearing and presented
proposed rule amendments to WAC 292-130 Agency Organization – Public Records.
She reported that the changes clarified the rules as well as some housekeeping
updates. She added that the intended adoption date is July 29, 2016.
No one signed up to testify.
Discussion
Kate Reynolds briefly discussed proposed revisions to WAC 292-100 Procedural
Rules and requested Board approval to file the CR-101 with the Code
Reviser.
Motion 16-041 Moved by Member Marsh,
seconded by Member Singla:
The Board approves filing
the CR 101 on WAC 292-100 Procedural Rules.
The motion passed unanimously.
C. Enforcement Matters
Stipulations
EEB
Case No. 2014-042 (Shriner)
David
Killeen briefed the Board on a proposed stipulation and order in the matter of Christine
Shriner. Ms. Shriner agreed that she may have violated the Ethics in Public
Service Act by taking time off from work without submitting the proper leave
slips. The Stipulation imposes a penalty of $3,000 with $1,750 suspended.
EEB
Case No. 2014-085 (Fitch)
David
Killeen also briefed the Board on a proposed stipulation and order in the
matter of Rob Fitch. Mr. Fitch agreed that he may have violated RCW 42.52.160
by using state resources for his personal benefit and gain in support of his
homeschooling business. The Stipulation imposes a penalty of $2,500 with $1,000
suspended.
Executive Director
Dismissals
EEB Case No. 2014-089
(Ingbretson), EEB Case No. 2014-100 (Van Fossen), EEB Case No. 2015-035 (Harris),
EEB Case 2016-001 (Hanson) and EEB Case No. 2016-040 (Grondel)
Kate Reynolds summarized five Executive Director Dismissals.
The Board deferred action on the enforcement matters until after
their closed session.
D. Advisory Opinion Review
Kate
Reynolds continued with an Advisory Opinion (AO) review project and presented
changes made to AO 98-09 Use of Resources for Political Campaigns and AO 02-04
Use of State Facilities, Including Electronic Mail to Distribute Newspaper
Articles and Editorial Opinions as a follow up from the May meeting.
Motion 16-042 Moved by Member Marsh,
seconded by Member Singla:
The Board approves
Advisory Opinion 98-09 Use of Resources for Political Campaigns and Advisory
Opinion 02-04 Use of State Facilities, Including Electronic Mail to Distribute
Newspaper Articles and Editorial Opinions as amended.
The motion passed unanimously.
The
Board also reviewed a group of AO’s regarding Activities Incompatible,
Financial Interests, Assisting in Transactions and Confidential Information.
Motion 16-043 Moved by Member Marsh,
seconded by Member Singla:
The Board approves updates
to the following Advisory Opinions:
·
96-09 Disclosure
Requirements for Boards and Commissions
·
96-09A Boards and
Commissions
·
97-03 Outside Employment
with a Regulated Entity
·
97-11 Financial Interests/Board
Membership
·
97-12 Stock Ownership by
State Employee
·
97-13 Financial
Interests/Board Membership
·
98-04 Elective
Office/Confidential Information
·
98-05 Transactions
Involving the State
·
98-07 Outside
Employment/Subcontracting
·
98-08 Conflict of Interest/Board
Membership
·
98-11 Potential Conflicts
of Interests Regarding Prospective Employment
·
99-04 Conflict of
Interest/Spouse’s Business Interest
·
99-07 Conflicts of
Interest Regarding Board Membership
·
00-04 Use of State
Resources/Cell Phones (approved with a title revision)
·
01-03 State Employee’s
Outside Business
Relationship With an Agency Vendor
·
01-04 State Officer’s
Outside Business Relationship With an Agency that They Oversee
·
02-03 Conflicts Between
the Regulatory and Proprietary Functions of Agency Employees
·
03-03 Use of Frequent
Flyer Miles by State Officers and Employees
·
03-05 Holding an Interest
Beneficial or Otherwise in a Person Regulated by a Citizen Body Whose Members
May be Selected from Identified Groups or Interests
·
04-03 Conflicts of Interest
related to Membership in Groups that are Sponsored by the Department of Natural
Resources
The motion passed unanimously.
Motion 16-044 Moved by Member Singla,
seconded by Member Marsh:
The Board repeals Advisory
Opinion 03-06 Financial Interests Regarding Non-Federal Grants
The motion passed unanimously.
E. Staff Reports
Kate
Reynolds provided a budget update and reported that the COGEL conference is
being held in New Orleans in December.
She also noted that the Board has a two-day hearing scheduled in
October.
New
Investigator Dan Davis provided a brief background and added that he has been
enjoying his first few weeks and learning many new things.
F. Public Comment/Board Member Comment
No
public or Board Member comments were given.
G. Executive/Closed Session
At
9:25 a.m. the Board moved into Executive Session, immediately followed by Closed
Session to deliberate on quasi-judicial matters.
At 9:52 a.m. the Board returned to regular session and reported
the following:
Motion 16-045 Moved by Member Marsh,
seconded by Member Singla:
The Board approves the
Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case No. 2014-042
Christine Shriner.
The motion passed unanimously.
Motion 16-046 Moved by Member Marsh,
seconded by Member Singla:
The Board approves the
Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case No. 2014-085
Rob Fitch.
The motion passed unanimously.
Motion 16-047 Moved by Member Marsh,
seconded by Member Singla:
The Board finds Reasonable
Cause in the following cases:
·
EEB Case No. 2014-083 Jo
Simpson
·
EEB Case No. 2014-088
Jeremy Williams
·
EEB Case No. 2015-032
Emmett Larry Davis
·
EEB Case No. 2015-073
Denise Hawk
·
EEB Case No. 2016-041
Chris Madill
·
EEB Case No. 2016-046 Les
Ling
The motion passed unanimously.
Motion 16-048 Moved by Member Marsh,
seconded by Member Ladenburg:
The Board dismisses EEB
Case No. 2015-046 Bryan Templeton.
The motion passed unanimously.
H. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 9:54 a.m.
Approved by the Board 9/9/16