Regular Meeting Minutes

July 12, 2002 at 10:30 A. M.



Office of the Executive Ethics Board

2425 Bristol Court SW

Olympia, WA


1. Preliminary Business - The meeting was called to order at 10:32 a.m.
  1. Roll Call – Chair Laquita Fields, Members Sutapa Basu, Marilee Scarbrough, and Paul Zellinsky were present.
  2. Approval of Agenda – The Agenda was approved with the Board adding a new agenda item - Proposed Stipulation and Order in EEB Case 01-12.
  3. Approval of June 13, 2002 Special Meeting Minutes – The June 13, 2002 special meeting minutes were adopted with minor changes.
  4. Approval of June 14, 2002 Meeting Minutes – The June 14, 2002 regular meeting minutes were adopted with changes.
  1. ADDITION - Proposed Stipulation and Order in EEB Case # 01-12 Board staff briefed this proposed stipulation and order which involved a Washington State Patrol (WSP) Officer who had from 1993 through August 2000, carried on a personal relationship with a woman, while on duty. The Patrol Officer allowed the woman to accompany him in his patrol car and had sexual relations with her while he was on duty in WSP offices at the Coleman Dock. The WSP had disciplined the Patrol Officer for his conduct by suspending him from his job without pay for 120 hours and forfeiting 120 hours of paid leave.
  2. Policy Review No. 02-6-0521-81, Department of Licensing "Ethics in Public Service" The Board reviewed an ethics policy submitted by the Department of Licensing (DOL). The Board deferred approving this policy pending changes to the FAQ’s and "de minimis use".
  3. Draft Advisory Opinion # 02-2-0221-28, State Agency Officers Or Employees Who Hold Leadership Positions With A Private Non-Profit Organization Composed Of Individuals And Groups Who Contract With The Agency The Executive Director updated the Board on the status of this opinion request. Board staff expects to present a draft opinion at the September meeting.
  4. Request for Advice # 01-2-1221-247, The Receipt and Sale of Unsolicited Textbooks Sent to Community College Faculty for Evaluation or Review The Executive Director updated the Board on the status of this opinion request regarding the sale of textbooks that are given to Community College Faculty for evaluation. Board staff is consulting with community college faculty leaders and expects to present a draft opinion at the September meeting.
  5. Draft Advisory Opinion # 02-2-0614-105, Use of State Facilities to Support Private Charities The Executive Director briefed the Board regarding this Board initiated advisory opinion. At the June 14th meeting, the Board requested a briefing regarding an agency director’s ability to authorize more than de minimis use of resources to support charitable work. The Executive Director’s memorandum details the Board’s rule making and advisory opinion history regarding "de minimis" use of state resources. After discussion, the Board asked the staff to draft changes to EEB Advisory Opinion 02-02 (The FAQ’s) for review at the September meeting and to distribute them to interested parties for comment. The changes would clarify the limits on agency director authority, restrict the use of state resources to support commercial products, restrict the use of state position to solicit for private charities.
  6. Staff Report
  1. Draft Strategic Plan FY2002-2004 The Executive Director presented a draft strategic plan. The plan provides a brief history of the board, its mandates and resources. Board staff plans to update the Board on a quarterly basis regarding progress. Vice Chair Scarbrough requested some changes to the draft regarding a proposal to incorporate a reviewing Board member on ethics cases. The Board plans to review the plan at the September meeting.
  2. Budget update Mr. Malarky briefed the status of the Board’s budget.
  3. Case update – Potential Hearing Dates – Mr. Malarky updated the Board on the current case backlog. EEB Case # 01-02 (Stumbo) has been scheduled for an October 10, 2002 hearing. The Board will be sitting in that hearing with an Administrative Law Judge.
  4. Non-Binding Staff Analysis – Mr. Malarky presented a recent Non-Binding Staff Analysis.
  5. Training Report – Mr. Malarky provided a copy of the most recent EEB training manual. The Manual was published using funds available in FY2002.
  6. State Ethics Conference The Executive Director asked the Board members if they are planning to participate in the December 3, 2002 State-wide Ethics Conference. Due to the retirement of the Seattle Ethics and Elections Commission’s Executive Director and resignation of the Commission’s investigator there are several openings in the agenda.
8. Public Comment/Board Member Comments
9. Executive Session
The Board was in Executive Session to discuss complaints against public officers and employees from 12:45 p.m. until 2:00 p.m.
9. Miscellaneous Matters/Adjournment
The Board announced they modified the stipulation and order in EEB Case # 01-12. Specifically, the Board inserted a third aggravating factor to the order, which stated: "Trooper Miller intentionally committed the violation with knowledge that the conduct constituted a violation (WAC 292-120-130(3)(a))." In addition, the Board modified the agreed civil penalty from the proposed amount of two hundred and fifty dollars ($250.00) to five thousand dollars ($5,000). The new civil penalty section now reads: "Recognizing that he is personally responsible for his conduct, Trooper Miller will pay a civil penalty in the amount of five thousand dollars ($5,000.00)" and "The total amount of the civil penalty ($5,000.00) is payable to the state Executive Ethics Board within thirty (30) days of approval of this Stipulation and Order by the Board."
The meeting adjourned at 2:10 p.m.