WASHINGTON STATE
EXECUTIVE ETHICS BOARD
Lacey Community Center,
Woodland Creek Community Park, 6729 Pacific Ave., SE, Lacey WA
July 11, 2008
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 Judy Golberg at 8:05 a.m. In attendance were Vice Chair Neil Gorrell
and Members Evelyn Yenson, Linnaea Jablonski and Mike Connelly. Board staff in
attendance included: Executive Director Melanie
de Leon, Senior Assistant Attorney General Linda Dalton, Assistant Attorney
General Mickey Newberry, Senior Counsel Jerry Anderson, Administrative Officer
Ruthann Bryant and Investigator Sue Jones.
2. Approval of Agenda
Melanie de Leon noted that a revised agenda has been added to the
additional meeting materials folder. The
changes made included the removal of approval of the June 13, 2008 meeting
minutes and added an enforcement matter, review and
approval of stipulation in EEB Case # 08-017.
Motion 08-030 Moved by Member Jablonski,
seconded by Vice Chair Gorrell:
The Board approves the July
11, 2008 agenda as amended.
The motion passed unanimously.
B.
Public Comment/Board
Member Comments
No public or board member comments were expressed.
C.
Enforcement Matter
Approval of Stipulated Facts,
Conclusion and Orders
EEB Case No. 08-017 (Daniel Vicente)
Sue Jones briefed the
Board on the proposed stipulation and order. Mr. Vicente agreed that he
violated RCW 42.52.160 when he used his state SCAN access and state issued
cellular telephone to make personal calls and pursue personal interests. The
parties agreed that Mr. Vicente would pay a civil penalty of $500 with $250
suspended.
The Board’s deliberation
on the proposed stipulations was deferred until closed session.
D. Executive or Closed Session
At
approximately 8:12 a.m. Chair Golberg noted there were no executive session
items and the Board moved into Closed Session to discuss potential litigation,
deliberate and to receive and evaluate complaints against state employees and
officers.
At 8:30 a.m. the Board
returned to regular session and reported the following:
Motion 08-031 Moved by Vice Chair
Gorrell, seconded by Member Connelly:
The Board accepts the Stipulated Facts, Conclusions and Order in
EEB Case #08-017, Daniel Vicente, as presented.
The motion passed
unanimously.
Motion 08-032 Moved by Vice Chair
Gorrell, seconded by Member Jablonski:
The Board denies the
Request for Review of Executive Director Dismissal in EEB Case #08-015, Robert
Van Schoorl.
The motion passed unanimously.
Motion 08-033 Moved by Vice Chair
Gorrell, seconded by Member Connelly:
The Board denies the
Request for Review of Executive Director Dismissals in EEB Case #08-111,
Martinique Combs, EEB Case #08-112, Joe Fithian, EEB Case #08-113, B. Jean
Floten, EEB Case # 08-114, Todd Juvrud, EEB Case 08-115, Kyra Olsen, EEB Case
#08-116, Laura Saunders and EEB Case 08-117, Lucinda Taylor.
The motion passed unanimously.
E. Advisory Opinion Request
WA State Department of Transportation – Collective Bargaining
Participants. Melanie de Leon briefly updated the Board on a request for a
formal advisory opinion from the Department of Transportation (DOT) asking if a
manager, as part of the state’s bargaining team, may propose language during
collective bargaining that may benefit himself or herself, his or her spouse,
or child. DOT also asked if a manager, who on approved withdrawal from a union
after accepting a management position, may be a part of the state’s bargaining
team with that union when that manager may receive a benefit for himself or
herself, his or her spouse, or child because the member has the right to
voluntarily revert back to a represented position and receive benefits
previously negotiated. The questions
were first discussed at the Board’s June 13th meeting and Ms. de
Leon presented a memo that outlines the collective bargaining process and legal
analysis clarifying that no violation of RCW 42.52.070, Special Privileges,
exists.
The Board requested that the memo be converted into an Advisory
Opinion for review at the September 12th meeting.
F. Rule Discussion
WAC 292-110-010 – Use of State Resources
Ms. de Leon reported on further research regarding WAC 292-110-010
Use of State Resources. She noted that staff has been receiving a lot of
questions from ethics advisors regarding Internet use and whether such use is
permissible as long as it follows the de minimis standard outlined in WAC
292-110-010(6).
Historically, staff advice and prior enforcement actions have found
this type of behavior unacceptable. However, when the rule was adopted
computers were not as accessible or as common as they are today and staff
believes it is important that the Board update the rule to better coincide with
the current use of technology and to clarify what uses are and are not
permitted.
Ms. de Leon provided written comments from agency ethics advisors
as well as examples of de minimis use policies from Indiana, the Seattle Ethics
and Elections Commission and King County Board of Ethics.
Greg Gurske, Department of Licensing Ethics Advisor, commented
that he appreciates an attempt to clarify the rule and added that a more
proactive approach is needed.
Marie Steffen, Ethics Advisor from the Department of
Transportation, stated that a “single use daily” creates confusion among
employees, resulting in more problems for agencies. She also requested that
examples be left out of the WAC and added to an advisory opinion.
Brian Jensen feels the rule needs a substantial rewrite and not
just minor amendments.
After discussion, the Board directed staff to draft options for
language for review at the September meeting.
G. Discussion Items
1.
Ms. De Leon summarized a request by the Combined Fund Drive (CFD) asking
for clarification regarding the use of state resources to promote or support
agency participation in a commercial activity that benefits the CFD. She provided background on applicable
statutes and prior advisory opinions dealing with CFD issues.
Randy
Ryan, CFD Program Manager, provided background and discussed past advice
received from the Board.
The Board requested that staff research the legislative intent
behind granting the CFD the authority to engage in or encourage fund raising
activities.
2.
Ms. de Leon also discussed whether agencies have the authority to
contract with a paid speaker to allow that speaker to bring and sell items,
such as books and CDs, to the audience.
Following discussion, the Board requested further information on
other types of contracts where items are sold such as vending machines, ATM
machines and the Red Cross.
3.
Senior Counsel Jerry Anderson briefly discussed the differences
between Closed Session and Executive Session, when they are used and how they
should be placed on the agenda.
H. Strategic Planning Session
The Board members and staff devoted the afternoon to revisiting
the agency’s strategic plan. Senior Assistant Attorney General Linda Dalton
facilitated the planning session which focused on progress over the prior year
and modifying the mission, goals, objectives, opportunities and challenges.
I. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 3:30 p.m.
Approved by the Board 9/12/08