WASHINGTON STATE

EXECUTIVE ETHICS BOARD

Via GoToMeeting

July 10, 2020

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 9:00 a.m. In attendance were Members Lisa Marsh, Anna Dudek Ross and Jan Jutte. Vice Chair Gerri Davis was absent. Board staff in attendance included: Executive Director Kate Reynolds, Assistant Attorney General Michelle Carr, Assistant Attorney General Chad Standifer, Assistant Attorney General Stephen Manning, Investigators David Killeen and Bobby Frye and Administrative Officer Ruthann Bryant.

2. Approval of Agenda

Chair Battan noted that the matter regarding EEB Case 2018-014 would be heard at 9:30 to accommodate the respondent’s work schedule.

Motion 20-009 Moved by Member Marsh, seconded by Member Jutte:

The Board approved the July 10, 2020 agenda as amended.

The motion passed unanimously.

3. Approval of the January 10, 2020 Meeting Minutes

Motion 20-010 Moved by Member Jutte, seconded by Member Marsh:

The Board approved the January 10, 2020 minutes as presented.

The motion passed unanimously.

Approval of the November 8, 2019 Meeting Minutes

Motion 20-011 Moved by Member Dudek Ross, seconded by Member Marsh:

The Board approved the November 8, 2019 minutes as presented.

The motion passed unanimously.

B. Enforcement Matters

Stipulations

EEB Case 2018-049 (Trebacz)

Senior Investigator David Killeen briefed the Board on a proposed stipulation and order in the matter of Thomas Trebacz. Mr. Trebacz agreed that he may have violated the Ethics in Public Service Act by using state resources to promote his outside business interest. Evidence indicated that through his own company he created and deployed software onto University resources to monitor energy consumption. The Stipulation imposes a civil penalty of $1,500 with $750 suspended.

EEB Case 2018-066 (Brooks)

Investigator Bobby Frye briefed the Board on a proposed stipulation and order in the matter of Georgette Brooks. Ms. Brooks agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit and gain. Evidence indicated that she extensively used the state vehicle for her own personal use, allowed an unauthorized driver to take the car resulting in it being impounded and used her state computer and cell phone for her personal benefit. The Stipulation imposes a civil penalty of $4,000.

EEB Case 2019-018 (Sequeira)

Mr. Frye also briefed the Board on a proposed stipulation and order in the matter of Ralph Sequeira. Mr. Sequeira agreed that he may have violated the Ethics in Public Service Act by using state resources for his private benefit and gain. Evidence indicated that he had been using his state computer to access various websites for real estate, shopping and animals for personal benefit. The Stipulation imposes a civil penalty of $1,500 with $500 suspended.

EEB Case 2019-019 (Weber)

Mr. Frye briefed the Board on a proposed stipulation and order in the matter of Jeffrey Weber. Mr. Weber agreed that he may have violated the Ethics in Public Service Act by using state resources for his private benefit and gain. Evidence indicated that he had been using his state computer to access various websites for real estate, news and sports for his personal benefit. The Stipulation imposes a civil penalty of $500 with $100 suspended.

EEB Case 2019-025 (Sciabarra)

Mr. Killeen briefed the Board on a proposed stipulation and order in the matter of Christine Sciabarra. Ms. Sciabarra agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit and gain and receiving additional compensation for conducting her official duties. Evidence indicated that she had been receiving additional compensation to conduct contract work that was part of her administrative duties. In addition, she taught classes during her scheduled work hours. The Stipulation imposes a civil penalty of $500 with $100 suspended.

EEB Case 2019-027 (Joplin)

Mr. Killeen also briefed the Board on a proposed stipulation and order in the matter of Charlotte Joplin. Ms. Joplin agreed that she may have violated the Ethics in Public Service Act by using state resources in support of her outside business. Evidence indicated that she had been using her state computer to send and receive emails related to her outside business and stored business documents on the state server. The Stipulation imposes a civil penalty of $2,000.

EEB Case 2019-044 (Haizlip)

Mr. Killeen briefed the Board on a proposed stipulation and order in the matter of Beyan Haizlip. Ms. Haizlip agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit and gain. Evidence indicated that she had been using three separate University computers to conduct her outside business and to store personal songs, videos, photos and apps. The Stipulation imposes a civil penalty of $7,500 with $2,000 suspended.

Executive Director Dismissals

Kate Reynolds summarized four Executive Director Dismissals: EEB Case 2019-040 Deborah Singleton, EEB Case 2020-006 Rebecca Galovin-Guthrie, EEB Case 2020-007 Naima Neghmouche and EEB Case 2020-010 Alyssa Fobes.

Discussion regarding Board Dismissal of EEB Case 2019-033 (Mullins)

Executive Director Kate Reynolds reported on an email sent to some Board members requesting reconsideration of the Board’s Dismissal in EEB Case 2019-033 Russ Mullins.

The Board took no action on the request.

The Board deferred action on the enforcement matters until after their closed session.

D. Election of Officers

Motion 20-012 Moved by Member Dudek Ross, seconded by Member Jutte:

The Board elected to maintain status quo with Chair Shirley Battan and Vice Chair Gerri Davis for the remainder of the current term.

The motion passed unanimously.

E. Policy Reviews

Ruthann Bryant presented the Department of Labor and Industries Use of State Resources policy. She noted that the policy had been reviewed at a previous meeting and the suggested changes were made. Ms. Bryant recommended approval.

Member Jutte commended the Department of Labor and Industries for a well-written policy.

Motion 20-013 Moved by Member Dudek Ross, seconded by Member Marsh:

The Board approved the Department of Labor and Industries Use of State Resources policy as presented.

The motion passed unanimously.

Ms. Bryant also presented Lower Columbia College’s Employee Acceptable Use: Information Systems and Services policy and their Ethics Code of Conduct policy.

Member Jutte requested clarification on page 5 of the Ethics Code of Conduct policy to reflect that the state employee is required to give a door prize to their agency.

The Board will consider both policies at a future meeting.

Ms. Bryant also presented the Office of Administrative Hearings Use of State Resources policy and recommended approval.

Member Marsh noted that the policy appeared to be in a draft form and Member Jutte requested clarification on the meaning of “agency lead”.

Ms. Bryant presented the Washington State Department of Transportation’s Employee Memorials policy. She noted that the policy was previously approved by the Board in 2014 and recommended approval.

Motion 20-014 Moved by Member Marsh, seconded by Member Jutte:

The Board approved the Washington State Department of Transportation’s Employee Memorial policy as presented.

The motion passed unanimously.

F. Enforcement Matters (cont.)

Reconsideration

Kate Reynolds reported on a reconsideration request in EEB Case 2018-014 Nancy Nelson.

Ms. Nelson was present and commented that she did not understand that if she did not accept a settlement agreement and went to hearing, any civil penalty imposed could be more than the settlement amount. She requested that the Board reduce her civil penalty.

The Board deferred action on the matter until after their closed session.

G. Staff Reports

Executive Director Kate Reynolds reported that due to the pandemic staff has been teleworking since mid-March. She added that everyone has adapted well and work is being completed with little or no interruption.

The Board commended staff on their adaptability and productivity.

No other staff reports were given.

H. Public Comment/Board Member Comment

No public or Board Member comments were given.

I. Closed Session

At 9:40 a.m. the Board moved into Closed Session.

At 12:30 p.m. the Board returned to regular session and reported the following:

Motion 20-015 Moved by Member Jutte:

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2019-016 Robert Ferguson.

The motion died due to a lack of a second.

Motion 20-016 Moved by Member Marsh, seconded by Member Dudek Ross:

The Board determined that any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and, after consideration of all of the circumstances, further proceedings would not serve the purposes of the Act and dismisses EEB Case 2019-016 Robert Ferguson.

Voting For: Members Marsh, Dudek Ross and Jutte.

Not Voting: Chair Battan

The motion passed.

Motion 20-017 Moved by Member Marsh, seconded by Member Dudek Ross:

The Board found Reasonable Cause over $500 in the following:

· EEB Case 2019-036 Mitch Harada

· EEB Case 2019-038 Courtney Stewart

· EEB Case 2020-014 Jeff Merrill

· EEB Case 2020-032 Nicholas King

· EEB Case 2019-041 David Atkinson

The motion passed unanimously.

Motion 20-018 Moved by Chair Battan, seconded by Member Marsh:

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2019-042 Ken Fuller.

The motion passed unanimously.

Motion 20-019 Moved by Member Marsh, seconded by Member Jutte:

The Board found Reasonable Cause over $500 in the following:

· EEB Case 2019-043 Hahli Rogers

· EEB Case 2019-045 Debra Pagel

· EEB Case 2019-046 Danielle Palmer

The motion passed unanimously.

Motion 20-020 Moved by Chair Battan, seconded by Member Jutte:

The Board determined that the complaint is obviously unfounded or frivolous and dismisses the following:

· EEB Case 2019-047 Cheryl Strange

· EEB Case 2019-048 Don Clintsman

· EEB Case 2019-049 Dana Philips

· EEB Case 2019-050 Adolfo Capestany

· EEB Case 2020-051 Brad Smith

· EEB Case 2020-052 Norah West

· EEB Case 2020-053 Bill Moss

· EEB Case 2020-054 Chanh Ly

· EEB Case 2020-055 Sergio Palma

The motion passed unanimously.

Motion 20-021 Moved by Member Jutte, seconded by Member Marsh:

The Board found Reasonable Cause over $500 in EEB Case 2020-001 Michael Addams.

The motion passed unanimously.

Motion 20-022 Moved by Chair Battan, seconded by Member Jutte:

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2020-002 Rob Sendak.

The motion passed unanimously.

Motion 20-023 Moved by Member Marsh, seconded by Member Jutte:

The Board found Reasonable Cause under $500 in EEB Case 2020-003 Beth Gordon.

The motion passed unanimously.

Motion 20-024 Moved by Member Jutte, seconded by Member Marsh:

The Board found Reasonable Cause over $500 in EEB Case 2020-004 Josie Meyer.

The motion passed unanimously.

Motion 20-025 Moved by Member Marsh, seconded by Member Jutte:

The Board found Reasonable Cause over $500 in EEB Case 2020-005 Lisa Cutler.

The motion passed unanimously.

Motion 20-026 Moved by Chair Battan, seconded by Member Jutte:

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2020-009 Monica LeMoine.

The motion passed unanimously.

Motion 20-027 Moved by Member Jutte, seconded by Member Marsh:

The Board found Reasonable Cause over $500 in EEB Case 2020-011 Jodi Russell.

The motion passed unanimously.

Motion 20-028 Moved by Member Marsh, seconded by Member Jutte:

The Board found Reasonable Cause under $500 in EEB Case 2020-012 Amit Singh.

The motion passed unanimously.

Motion 20-029 Moved by Chair Battan, seconded by Member Marsh:

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2020-015 Bruce Lachney.

The motion passed unanimously.

Motion 20-030 Moved by Member Jutte, seconded by Member Marsh:

The Board found Reasonable Cause over $500 in EEB Case 2020-016 Fredricka Fisher and EEB Case 2020-017 Falana Young.

The motion passed unanimously.

Motion 20-031 Moved by Member Marsh, seconded by Member Jutte:

The Board found Reasonable Cause over $500 in the following:

· EEB Case 2020-018 Michael Baskett

· EEB Case 2020-021 Jane Dykstra

· EEB Case 2020-022 Rosanne Kenedy

· EEB Case 2020-023 Kelly Jo Kegerreis

· EEB Case 2020-030 Jessica Burris

The motion passed unanimously.

Motion 20-032 Moved by Member Marsh, seconded by Member Dudek Ross:

The Board issued an Order of Default in EEB Case 2019-035 Anthony Parnell.

The motion passed unanimously.

Motion 20-033 Moved by Member Marsh, seconded by Member Jutte:

The Board issued a Final Order of Default and imposes a civil penalty of $4,000 in EEB Case 2019-013 Marisa O’Neill.

The motion passed unanimously.

Motion 20-034 Moved by Member Marsh, seconded by Member Jutte:

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Orders in the following:

· EEB Case 2018-049 Thomas Trebacz

· EEB Case 2018-066 Georgette Brooks

· EEB Case 2019-018 Ralph Sequeira

· EEB Case 2019-019 Jeffery Weber

· EEB Case 2019-025 Christine Sciabarra

· EEB Case 2019-027 Charlotte Joplin

· EEB Case 2019-044 Beyan Haizlip

The motion passed unanimously.

Motion 20-035 Moved by Member Marsh, seconded by Member Jutte:

The Board denied the informal request for reconsideration in EEB Case 2018-014 Nancy Nelson.

The motion passed unanimously.

J. Miscellaneous Matters/Adjournment

Member Jutte noted that since many of the cases considered by the Board this month were related to colleges and universities, she suggested that staff reach out and offer ethics training and education.

The meeting was adjourned at 1:00 p.m.

Approved by the Board 9/11/2020