WASHINGTON STATE
EXECUTIVE ETHICS BOARD
Via Zoom
July 8, 2022
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 Chair Battan at 9:03 a.m. In attendance were Members Gerri Davis and Earl
Key. Vice Chair Jutte was absent. Board staff in attendance included: Executive Director Kate Reynolds, Assistant
Attorney General Leo Roinila, Assistant Attorney General Julia Eisentrout, Administrative
Officer Ruthann Bryant and Investigators Bobby Frye and Justin Cotte.
2. Approval of Agenda
Chair
Battan added an item to the agenda to include a housekeeping matter to discuss
the future of remote meetings.
Motion 22-054 Moved by Member Davis,
seconded by Chair Battan:
The Board approved the July
8, 2022 agenda as amended.
The motion passed unanimously.
3. Approval of the May 13, 2022 Meeting Minutes
Motion 22-055 Moved by Member Davis,
seconded by Member Key:
The Board approved the March 11, 2022 minutes as presented.
The motion passed
unanimously.
B. Housekeeping Matter
Executive
Director Kate Reynolds reported on the current status of COVID-19 cases in Western
Washington. She recommended the Board
follow the matrix of Thurston, Pierce and King County numbers for the remainder
of 2022. Based on the numbers, the Board
will either remain fully remote or, if the numbers drop, will hold meetings in
a hybrid environment.
Motion 22-056 Moved by Chair Battan,
seconded by Member Key:
The Board approved
holding meetings remotely so long as COVID-19 cases recorded on the Department
of Health transmission dashboard are in the orange or red category in King,
Pierce and Thurston Counties.
The motion passed unanimously.
C. Enforcement Matters
Motion to Dismiss
EEB Case 2021-035 Mike
Culley
Administrative
Law Judge Kinn presided over oral argument on a Motion to Dismiss regarding EEB
Case 2021-035 Mike Culley.
A
written order will be issued in the matter.
Stipulations
EEB
Case 2021-012 (Britain)
Assistant Attorney General Julia
Eisentrout briefed the Board on a proposed Stipulation and Order in the matter
of Donald Britain, former Case Manager at the Department of Social and Health
Services. Mr. Britain agreed that he may have violated the Ethics in Public
Service Act by conducting activities incompatible with his official duties,
using state resources for personal benefit and gain, and by providing a special
privilege to a client. The stipulation imposes a civil penalty of $5,000.
EEB Case 2021-055 (Bahre)
Investigator Bobby
Frye briefed the Board on a proposed Stipulation and Order in the matter of Jaye
Bahre, former Psychology Associate Health Services at the Larch Corrections
Center with the Department of Corrections. Ms. Bahre agreed that she may have
violated the Ethics in Public Service Act by using state resources for her
outside business. The stipulation imposes a civil penalty of $2,500.
The Board deferred action on the enforcement matters until after
their closed session.
D. Policy Reviews
Administrative Officer Ruthann Bryant presented
the Department of Corrections Ethics policy. She noted that this policy covers
several sections of the Ethics in Public Service Act and was previously
approved in 2011. Staff recommended approval.
Motion 22-057 Moved by Member Davis,
seconded by Member Key:
The Board
approved the Department of Corrections Ethics policy, as presented.
The motion passed
unanimously.
Ms. Bryant also reported on the Department of Corrections
Use of State Resources policy. She noted the policy was updated for clarity and
was previously approved by the Board in 2018. Staff recommended approval.
Motion 22-056 Moved by Member Davis,
seconded by Chair Battan:
The Board
approved the Department of Corrections Use of State Resources policy, as
presented.
The motion passed
unanimously.
Ms. Bryant presented the Department of
Corrections Outside Employment/Volunteer Activities policy. She noted that this
policy was previously approved in 2011 and recommended approval.
Motion 22-057 Moved by Chair Battan,
seconded by Member Davis:
The Board
approved the Department of Corrections Outside Employment/Volunteer Activities policy,
as presented.
The motion passed
unanimously.
E. Advisory Opinion Review
Kate Reynolds reported on amendments to Advisory Opinion (AO) 02-02A
Use of State Resources Questions and Answers to include language providing
guidelines for unions using electronic bulletin board on a state agency’s
intranet to post items that are normally posted on a physical bulletin Board
within the agency. She added that she worked on the language with the Office of
Financial Management.
Motion 22-058 Moved by Member Davis,
seconded Member Key:
The Board approved updates
to Advisory Opinion 02-02A Use of State Resources Questions and Answers, as
presented.
The motion passed
unanimously.
F. Staff Reports
No staff
reports were given.
G. Public Comment/Board Member
Comment
No
public or Board member comments were given.
H. Closed Session
At 10:05
a.m. the Board moved into Closed Session.
At 10:55 a.m. the Board returned to regular session and reported
the following:
Motion 22-059 Moved by Chair Battan,
seconded by Member Davis:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $5,000 in EEB Case 2021-012 Donald Britain.
The motion passed unanimously.
Motion 22-060 Moved by Member Key,
seconded by Member Davis:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,500 in EEB Case 2021-055 Jaye Bahre.
The motion passed unanimously.
Motion 22-061 Moved by Member Davis,
seconded by Chair Battan:
The Board found Reasonable Cause
over $500 in EEB Case 2022-001 Nathan Ank.
The motion passed unanimously.
Motion 22-062 Moved by Chair Battan,
seconded by Member Davis:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2022-008 Ryan Guppy.
The motion passed unanimously.
Motion 22-063 Moved by Chair Battan,
seconded by Member Key:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2022-009 Victoria Kennedy.
The motion passed unanimously.
Motion 22-064 Moved by Member Key,
seconded by Chair Battan:
The Board found Reasonable
Cause over $500 in EEB Case 2022-010 Franklin Graham.
The motion passed unanimously.
Motion 22-065 Moved by Member Davis,
seconded by Chair Battan:
The Board found Reasonable
Cause over $500 in EEB Case 2022-012 Alfred Smack.
The motion passed unanimously.
Motion 22-066 Moved by Chair Battan,
seconded by Member Davis:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2022-013 Brian Frazier.
The motion passed unanimously.
Motion 22-067 Moved by Member Davis,
seconded by Member Key:
The Board found Reasonable
Cause under $500 in EEB Case 2022-014 Brian Wolk.
The motion passed unanimously.
I. Miscellaneous Matters/Adjournment
There
were no miscellaneous matters and the meeting was adjourned at 11:01 a.m.
Approved by the Board 9/9/2022