WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– 4th Floor Conference Room – Olympia, WA

July 12, 2019

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 Vice Chair Gerri Davis and Members Lisa Marsh and Anna Dudek Ross. Board staff in attendance included:  Executive Director Kate Reynolds, Sr. Assistant Attorney General Bruce Turcott, Assistant Attorney General Michelle Carr, Assistant Attorney General Chad Standifer, Investigators David Killeen and Bobby Frye and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

 

Motion 19-054 Moved by Vice Chair Davis, seconded by Member Marsh:

 

The Board approves the July 12, 2019 agenda as presented.

 

The motion passed unanimously.

 

3.     Approval of the May 10, 2019 Meeting Minutes

       

Motion 19-055 Moved by Vice Chair Davis, seconded by Chair Battan:

 

The Board approves the May 10, 2019 minutes as presented.

 

Not Voting:  Member Marsh.

 

The motion passed.

 

B.    Enforcement Matters

Motion for Partial Summary Judgment

EEB Case 2017-044 Michael Katze

Administrative Law Judge TJ Martin presided over oral arguments on a Motion for Partial Summary Judgment regarding EEB Case 2017-044 Michael Katze.

Penalty Oral Argument Hearing

EEB Case 2016-059 Queenie Baker

Administrative Law Judge TJ Martin presided over oral arguments regarding a Penalty Oral Argument Hearing in EEB Case 2016-059 Queenie Baker.

Written ordered will be issued in the above matters.

Stipulations

EEB Case No. 2017-048 (Baldeschwiler)

Investigator David Killeen briefed the Board on a proposed stipulation and order in the matter of Sean Baldeschwiler.  Mr. Baldeschwiler agreed that he may have violated the Ethics in Public Service Act when he used the facility at the Seattle Maritime Academy to store his personal boat. The Stipulation imposes a penalty of $1,750.

EEB Case No. 2018-015 (Willliams)

Investigator Bobby Frye briefed the Board on a proposed stipulation and order in the matter of Melisa Williams. Ms. Williams agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit and gain. The Stipulation imposes a penalty of $1,500.

EEB Case No. 2018-023 (Ponce)

Mr. Frye also briefed the Board on a proposed stipulation and order in the matter of Gloria Ponce. Ms. Ponce agreed that she may have violated the Ethics in Public Service Act when she approved payments to clients who did not meet the requirements, used state resources for non-work related activities and used her state computer to transmit confidential information. The Stipulation imposes a penalty of $3,000.

EEB Case No. 2018-031 (Days)

Mr. Frye briefed the Board on a proposed stipulation and order in the matter of Jesse Days.  Mr. Days agreed that he may have violated the Ethics in Public Service Act when he failed to submit leave when he was absent from work. The Stipulation imposes a penalty of $1,500.

EEB Case No. 2018-036 (Budde)

Investigator David Killeen briefed the Board on a proposed stipulation and order in the matter of Kris Budde.  Mr. Budde agreed that he may have violated the Ethics in Public Service Act when he used his position to receive a special privilege and conducted activities incompatible with his official duties by using WSDA employees to complete inappropriate livestock brand inspections on his personal livestock and by purchasing cattle from a person he regulates. The Stipulation imposes a penalty of $2,000.

EEB Case No. 2018-043 (Monteverdi)

Mr. Killeen briefed the Board on a proposed stipulation and order in the matter of Theresa Monteverdi.  Ms. Monteverdi agreed that she may have violated the Ethics in Public Service Act by using state resources in support of her outside business. The Stipulation imposes a penalty of $325.

EEB Case No. 2018-058 (Mass)

Mr. Killeen also briefed the Board on a proposed stipulation and order in the matter of Cliff Mass.  Mr. Mass agreed that he may have violated the Ethics in Public Service Act when he used state resources to oppose an initiative during the 2018 statewide election. The Stipulation imposes a penalty of $5,000 with $1,500 suspended.

EEB Case No. 2018-059 (Spatz)

Bobby Frye briefed the Board on a proposed stipulation and order in the matter of Gregory Spatz.  Mr. Spatz agreed that he may have violated the Ethics in Public Service Act when he used state resources to promote his new CD. The Stipulation imposes a penalty of $2,500 with $500 suspended.

Executive Director Dismissals

Executive Director Kate Reynolds briefly summarized four Executive Director Dismissals: EEB Case 2019-003 Jeffrey Perkins, EEB Case 2019-004 Paul Clark, EEB Case 2019-007 Tamela Merrill and EEB Case 2019-023 Raul De Leon.

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

 

C.    Staff Reports

Executive Director Kate Reynolds reported that this would be Sr. AAG Bruce Turcott’s last meeting as the Boards Advisor. She thanked Bruce for his service and added that it has been a pleasure working with him. Ms. Reynolds added that AAG Michelle Carr will be taking over for Bruce and welcomed her to the Board.

Sr. AAG Turcott commented that the Board has been one of his favorite clients and he will miss the Board, staff and the work.

The Board members thanked Bruce for his service and wished him well.

Public Comment/Board Member Comment

No public or Board Member comments were given.

D.    Closed Session

At 10:28 a.m. the Board moved into Closed Session. 

At 11:40 a.m. the Board returned to regular session and reported the following:

 

Motion 19-056 Moved by Member Marsh, seconded by Vice Chair Davis:

 

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

 

·       EEB Case 2017-048 Sean Baldeschwiler

·       EEB Case 2018-015 Melisa Williams

·       EEB Case 2018-036 Chris Budde

·       EEB Case 2018-043 Theresa Monteverdi

·       EEB Case 2018-058 Cliff Mass

·       EEB Case 2018-059 Gregory Spatz

 

The motion passed unanimously.

 

Motion 19-057 Moved by Member Marsh, seconded by Vice Chair Davis:

 

The Board modified the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2018-023 Gloria Ponce and increased the civil penalty to $5,000.

 

The motion passed unanimously.

 

Motion 19-058 Moved by Member Marsh, seconded by Vice Chair Davis:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2018-031 Jesse Days as presented.

 

Voting For: Vice Chair Davis and Members Marsh and Dudek Ross.

Not Voting: Chair Battan

 

The motion passed.

 

Motion 19-059 Moved by Vice Chair Davis, seconded by Member Marsh:

 

The Board found Reasonable Cause over $500 in EEB Case 2018-061 Karen O’Brien.

 

The motion passed unanimously.

 

Motion 19-060 Moved by Vice Chair Davis, seconded by Member Marsh:

 

The Board found Reasonable Cause over $500 in EEB Case 2018-063 Lori Hawley.

 

The motion passed unanimously.

 

Motion 19-061 Moved by Vice Chair Davis, seconded by Member Marsh:

 

The Board found Reasonable Cause over $500 in EEB Case 2018-066 Georgette Brooks.

 

The motion passed unanimously.

 

Motion 19-062 Moved by Vice Chair Davis, seconded by Member Marsh:

 

The Board found Reasonable Cause over $500 in EEB Case 2018-067 Meilana Charles.

 

The motion passed unanimously.

 

Motion 19-063 Moved by Member Marsh, seconded by Vice Chair Davis:

 

The Board determined that the complaint was unfounded and dismisses EEB Case 2019-002 Amanda Aseph.

 

The motion passed unanimously.

 

Motion 19-064 Moved by Member Marsh, seconded by Vice Chair Davis:

 

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 2019-006 Charles Batte.

 

The motion passed unanimously.

 

Motion 19-065 Moved by Vice Chair Davis, seconded by Member Marsh:

 

The Board found Reasonable Cause over $500 in EEB Case 2019-009 Jennifer Mott.

 

The motion passed unanimously.

 

Motion 19-066 Moved by Member Marsh, seconded by Vice Chair Davis:

 

The Board found No Reasonable Cause in EEB Case 2019-020 Brian Dexter.

 

The motion passed unanimously.

 

Motion 19-067 Moved by Vice Chair Davis, seconded by Member Marsh:

 

The Board issued a Final Order of Default and imposes a penalty of $3,000 in EEB Case 2018-018 Shanna Clark.

 

The motion passed unanimously.

 

E.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:50 a.m.

 

 

Approved by the Board 9/13/19