1110 Capitol Way S– 4th Floor Video Conference Room – Olympia, WA


July 10, 2009

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 Neil Gorrell at 9:00 a.m.  In attendance were Vice Chair Linnaea Jablonski and Members Golberg and Biegelman.  Board staff in attendance included:  Executive Director Melanie de Leon, Senior Counsel Jerry Anderson, Administrative Officer Ruthann Bryant and Investigator Nancy Lewin. 


2.    Approval of Agenda


Motion 09-031 Moved by Member Biegelman, seconded by Vice Chair Jablonski:


The Board approves the July 10, 2009 agenda as presented.


The motion passed unanimously.


3.    Approval of the June 12, 2009 Meeting Minutes


Motion 09-032 Moved by Vice Chair Jablonski, seconded by Member Biegelman:


The Board approves the June 12, 2009 minutes as presented.


Voting for: Chair Gorrell, Vice Chair Jablonski and Member Biegelman.


Abstaining:  Member Golberg.


B.   Rule Making – Public Hearing

Ms. de Leon presented the final amendments to WAC 292-110-010 Use of State Resources.  She noted one addition, adding the word “personal” between “limited” and “use” under section (2)(d) for clarification. The Board concurred.

She also summarized written comments provided by Joseph Molenda from the Department of Labor and Industries and Mr. Brian Jensen.

Marie Steffen, Ethics Advisor for the Department of Transportation, requested that (5)(b) be amended to add “soliciting for” in front of “a non profit organization.”  The Board concurred with the amendment.

The Board approves the minor amendments to WAC 292-110-010 Use of State Resources. Staff will file the CR-103 with the Code Reviser’s Office and the rule will become effective 31 days after filing.


C.   Advisory Opinion Review

The Board once again discussed whether it had jurisdiction over gifts to an agency when a state employee or state official directly or indirectly benefitted from the gift.  At their June meeting, the Board requested the staff incorporate legal analyses provided by Senior AAG Jerry Anderson into the opinion for their consideration. Nancy Lewin briefly summarized the revised opinion and noted that if approved, the opinion will be put into a new format and reissued.


The Board approved Advisory Opinion 01-07 Guidance to State Agencies Regarding Gift Restrictions When Donation of non-state Funds are Intended to off-set Agency Costs, as presented.


D.   Enforcement Matters           

Executive Director Dismissals – EEB Case #08-139 (Bergeson), EEB Case #09-001 (Zimmerman) and EEB Case #09-002 (Anderson)

            Melanie de Leon briefly summarized three Executive Director dismissals.


E.   Staff Reports

1.  Executive Director’s Report

Melanie de Leon briefly discussed the question of state employees searching for jobs on state time.  She noted that she will be working with the Department of Personnel to address the issue. 


2.  AAG Report

No AAG reports were given.


3.  Other Staff Reports

No staff reports were given.


F.    Public Comment/Board Member Comment

Marie Steffen with the Department of Transportation asked the Board to confirm that the amendment to Advisory Opinion 01-07 Guidance to State Agencies Regarding Gift Restrictions When Donations of Non-state Funds are Intended to Off-set Agency Costs only applies to travel costs.  The Board concurred.

Brian Jensen requested clarification on conflict of interest issues when a spouse of a state employee contracts with an entity that is managed by that state employee.  The Board directed staff to research the issue for discussion at the September meeting.


G.   Closed Session

At 9:45 a.m. Chair Gorrell noted there were no executive session items and the Board moved into Closed Session to deliberate on quasi-judicial matters. 

      At 10:30 a.m. the Board returned to regular session and reported the following:


Motion 09-033 Moved by Chair Gorrell, seconded by Member Biegelman:


The Board vacates the Board Determination dated May 12, 2006, and dismisses EBB Case #04-078, Patrick Sater.


The motion passed unanimously.


Motion 09-034 Moved by Member Golberg, seconded by Member Biegelman:


The Board dismisses EEB Case #08-127, Cathleen Carpenter.


The motion passed unanimously.


H.   Retreat Session

The Board dedicated two hours to reviewing their strategic plan.  They also discussed penalty guidelines and recovering investigative costs.

I.   Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 12:30 p.m.


Approved by the Board 9/11/09