July 13, 2001

The Executive Ethics Board convened in regular session at 10:36 a.m. at the Labor and Industries Field Service Location, 12806 Gateway Drive in Tukwila.


James M. Vaché, Chair

Laquita Fields, Board Member

Sutapa Basu, Board Member

Cheryl Rohret, Board Member

Marilee Scarbrough, Board Member

Also Present:

Brian Malarky, Executive Director

William Collins, Counsel to the Board

Jean Wilkinson, New Counsel to the Board

1. Preliminary Business

a. Roll call - Board members James Vaché, Laquita Fields, Cheryl Rohret, Sutapa Basu, and Marilee Scarbrough were present.

b. Approval of Agenda - Item # 5 deleted, otherwise, the Agenda was approved.

c. Approval of Minutes From June 8, 2001, Regular Meeting - approved with minor corrections

  1. Welcome Linda Dalton! New Counsel to the Executive Director


3. Union Use of Resources Discussion

Executive Director, Brian Malarky, introduced and set guidelines for comments. Chair Vaché indicated that the discussion is very preliminary and the Board had many choices before any final decision is made.

a. PERC and PRB - Marvin Shurke, Executive Director of PERC presented comments from 10:48 a.m. through 11:02 a.m. Karl Nagel with the PRB presented his comments from 11:02 a.m. through 11:22 a.m.

b. Agencys - Dan Seagle, Deputy Secretary of State presented comments from 11:22 a.m. through 11:24 a.m. Cindy Lerch with Fish & Wildlife presented comments from 11:24 a.m. through 11:29 a.m. Jan Smallwood, Human Resource Manager for the DOL spoke from 11:29 a.m through 11:33 a.m. Bill Collins asked that Ms. Smallwood provide Brian Malarky copies of union contracts that speaks to use of state resources for union labor meetings. Chair Vaché opened that invitation to all. Mr. Malarky asked Ms. Smallwood if she was aware of use of facilities outside the state. Pat McElroy, Executive Director of Regulatory Programs for DNR commented from 11:33 a.m. through 11:37 a.m.

BREAK from 11:37 a.m. through 11:47 a.m.

Wayne Donaldson, Audit Manager for DOT, provided comments from 11:48 a.m through 11:50 a.m.

c. Unions - WPEA representatives Eugene St. John, Executive Director, and Mark Lyon, presented comments from 11:50 a.m. through 12:23 p.m. Washington Federation of State Employees representatives Ed Younglove, counsel, and Diane Lutz, Executive Director, provided comments from 12:23 p.m. through 12:38 p.m. Local #17 International Association of Professional Engineers representatives Don Briscoe and Vince Oliveri spoke from 12:38 p.m. through 12:55 p.m. Sandy Schrader and Lynn Dodson of the Washington Federation of Teachers presented comments from 12:55 p.m. through 1:30 p.m.

RECESS until 2:00 p.m.

Meeting resumed at 2:05 p.m.

4. Presentation - Proposed Stipulation & Order regarding EEB Case No. 99-44

The Executive Director presented this proposed settlement. The matter involved a former ESD manager who had maintained a private business partnership in a rental property with her supervisee.

5. Draft Advisory Opinion 01-04 (# 01-2-0205-15), Issuing Personal Service Contracts to WSSDA Board Members

The Executive Director presented this matter. After the last Board meeting the Board asked the staff to redraft two paragraphs and bring the final draft back to this meeting for approval. Board Member Scarbrough moved and Board Member Basu seconded that opinion be issued as presented. Chair Vaché ruled amenity


6. Draft Advisory Opinion Request # 01-2-0503-98 (01-05), Gifts to State Officers

The Executive Director presented this matter. The Board asked staff to clarify the term "consideration" and the meaning of full price. The Board also selected the third option regarding tickets to sold out events, i.e., assume value exceeds $50.00. The Board staff will redraft the opinion and bring it back to September meeting.


7. Draft Advisory Opinion Request # 01-2-0611-129, Application of Post-Employment Provisions to former Department of Ecology (Ecology) employees who worked on the Hanford Federal Facility (Hanford Site) dangerous waste program permitting process.

The Executive Director presented this matter. Chair Vaché disclosed that he had sat on a Hanford Site Committee. Board Member Scarbrough commented that she has no desire to issue an opinion directly addressing the issue and would prefer to address the concern as a transaction with the need to clarify the definition of a transaction. In addition, the opinion would need to be very clear that the issue is a unique situation to Hanford only. Other comments or concerns included whether each permit is a separate transaction, is it permissible to work on other transactions/permits with the caveat that confidential information concerns on any permit would prohibit employment, and would the renewal of the umbrella permit mean a new transaction.

8. Policy Review - Lower Columbia College's Policy Review

The Executive Director has received several requests for advice regarding community college automotive repair instructors who wish to perform repair work on personal automobiles. Due to a pending Whistleblower referral regarding a similar matter, the Board staff has declined to draft an advisory opinion. In response to the requests for advice, the Executive Director proposed that the Board review a draft LCC policy regarding this activity. The LCC policy allows the activity, however, LCC will impose strict guidelines that address Board staff concerns under RCW 42.52.160 and RCW 42.52.070.

The Board asked that the policy be redrafted as they were unsure of the policies meaning or compliance with RCW 42.52.

9. Staff Report

a. Retreat

b. Case Status Report

c. Budget

d. COGEL - Potential candidates for this year's conference include Member Scarbrough, Jean Wilkinson, and Brian Malarky. Jim Vaché will work with Gonzaga regarding his attendance.

e. Case Dismissals

f. Miscellaneous Correspondence

10. Public Comment/Board Member Comments

Gail Swanson (ESD) asked if there was a planned hearing regarding the Union issues and asked about the location of next meeting for September 14th.

Jim Vaché asked the Board members to send thoughts on de minimis issue within the next 30 days to Brian so he can come to the September 13 meeting with a draft rule change.

11. Executive Session

The Board met in Executive Session to consider complaints against public officials.

Executive Session began at 4:57 p.m. and ended at 5:00 p.m. At the conclusion the Board announced the following:

13. Miscellaneous Matters/Adjournment

Adjourned at 5:00 p.m.









Chair, James M. Vaché


Dated: July 13, 2001