Regular Meeting Minutes
July 12, 2002 at 10:30 A. M.
Office of the Executive Ethics Board
2425 Bristol Court SW
- 1. Preliminary Business - The meeting was called to order at 10:32
- Roll Call – Chair Laquita Fields, Members Sutapa Basu, Marilee Scarbrough,
and Paul Zellinsky were present.
- Approval of Agenda – The Agenda was approved with the Board adding
a new agenda item - Proposed Stipulation and Order in EEB Case 01-12.
- Approval of June 13, 2002 Special Meeting Minutes – The June 13,
2002 special meeting minutes were adopted with minor changes.
- Approval of June 14, 2002 Meeting Minutes – The June 14, 2002 regular
meeting minutes were adopted with changes.
- 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.
- 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".
- 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.
- 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.
- 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.
- Staff Report
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.
- 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.
- Budget update – Mr. Malarky briefed the status of the Board’s
- 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.
- Non-Binding Staff Analysis – Mr. Malarky presented a recent Non-Binding
- Training Report – Mr. Malarky provided a copy of the most recent
EEB training manual. The Manual was published using funds available in FY2002.
- 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.