WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW–
Conference Room 148 – Olympia, WA
July 13, 2012
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 Vice Chair Lisa Marsh at 9:00 a.m. In attendance were Members Linnaea Jablonski,
Anna Dudek Ross and Michael Bahn. Chair Matthew Williams was absent. Board
staff in attendance included: Executive
Director Melanie de Leon, Assistant Attorney General Bruce Turcott,
Investigator David Killeen and Administrative Officer Ruthann Bryant.
2. Approval of Agenda
Melanie de Leon noted that the closed session agenda had been
revised to add an additional Reasonable Cause Determination.
Motion 12-031 Moved by Member Jablonski,
seconded by Member Dudek Ross:
The Board approves the July
13, 2012 agenda as amended.
The motion passed unanimously.
3. Approval of the May 11, 2012 Meeting Minutes
Motion 12-032 Moved by Member Jablonski,
seconded by Member Bahn:
The Board approves the May 11, 2012 minutes as presented.
The motion passed
unanimously.
B. Enforcement Matters
Stipulations
EEB Case No. 2011-020
(Russ)
David Killeen briefly noted that the Board accepted the proposed
stipulation and order in the matter of Daniel Russ at their meeting in
May. Mr. Russ has requested that the
words “pro bono” be inserted at the top of page three. No other changes were
made to the previously approved order.
EEB Case No. 2011-03 (Ballard)
David Killeen briefed the Board on the proposed stipulation and
order in the matter of Gerald Ballard. Mr.
Ballard agreed that he may have violated RCW 42.52 by using his state computer
for day trading, visiting NASDAQ and storing 646 files related to stock trading
on his computer. The stipulation proposes a penalty of $3,000 with $1,500
suspended.
EEB Case No. 2011-034 (Mutnick)
David Killeen also briefed the Board on the proposed stipulation
and order in the matter of James Mutnick. Mr. Mutnick agreed
that he may have violated RCW 42.52 by making excessive phone calls to his
spouse and others that were not work related, visited several non-work related
websites and used his state computer to conduct business for an outside dance
academy and photography studio. The stipulation proposes a penalty of $1,500.
EEB Case No. 2012-004
(Barber)
David Killeen briefed the Board on the proposed stipulation and
order in the matter of Sally Barber. Ms.
Barber agreed that she may have violated RCW 42.52 when she conducted a
personal outside business, used her computer to store documents relating to
real estate transactions as well as visiting other non-work related websites.
The stipulation proposes a penalty of $2,000 with $1,000 suspended.
EEB Case No. 2012-009
(Little)
David Killeen also briefed the Board on the proposed stipulation
and order in the matter of Leonard Little.
Mr. Little agreed that he may have violated RCW 42.52 by using state
resources for personal gain. Mr. Little’s computer records show that in a
51-day period, over 46 percent of his internet use was for personal business.
In addition, his computer contained 50 mp3 music/sound files that were not work
related. The stipulation proposes a penalty of $1,000.
Vice Chair Marsh recused herself from any action relating to EEB
Case No. 2012-009 Leonard Little.
The Board deferred action until after closed session.
Executive Director
Dismissals
EEB Case 2012-023 (Lee)
Melanie
de Leon briefly summarized an Executive Director dismissal.
C. Policy Reviews
Melanie
de Leon reported on an Ethics/Use of Resources policy submitted by the
Department of Ecology.
Motion 12-033 Moved by Member Jablonski,
seconded by Member Dudek Ross:
The Board approves the
Department of Ecology’s Ethics/Use of Resources Policy as presented.
The motion passed unanimously.
D. Advisory Opinion Review
Melanie de Leon reported on the final group of Advisory Opinions
under review. The Board made the
following determinations:
·
AO 97-01Outside Employment – Repealed due to a
change in the law.
·
AO 97-01A Outside
Employment
– Repealed due to a change in the law.
·
AO 97-14 Outside
Employment
– Retired because the issue is well settled and there is no need for the opinion
to remain active.
·
AO 99-06 Outside
Compensation/Expert Testimony – Repealed due to a change in the law.
·
AO 99-01 Definition of a
Legislative Body/Political Activities, - Retired because the issue is well settled and there is no need
for the opinion to remain active.
·
AO 01-06 Post-Employment
of Former Department of Ecology Employees – Retired because the issues in this opinion
are narrowly tailored, unlikely to resurface and the opinion is based upon
facts and matters that are no longer pertinent.
·
AO 97-13 Financial
Interests/Board Membership – Retired because the issues are narrowly tailored and are
unlikely to resurface leaving no need for the opinion to remain active.
·
AO 99-08 Permissible
Investment/Reinvestment of Dividends – Retired since the issues are narrowly tailored and unlikely to
resurface.
E. Strategic Plan
The Board and staff reviewed their 2009-2013 Strategic Plan and began discussion on revisions and updates to the
goals and action items.
F. Staff Reports
1. Executive Director’s Report
Melanie de Leon briefly reported on upcoming training in Eastern Washington
and reminded members that hearings are currently scheduled for every Thursday
prior to our regular Board meetings through July 2013. She also commented that there are some rules
that will need to be addressed as soon as the moratorium is lifted by the
Governor in January 2013
2. AAG Report
No AAG report was given.
3. Other Staff Reports
No other staff reports were given.
G. Public Comment/Board Member Comment
Vice
Chair Marsh thanked the audience members for the active discussion and input
regarding the Board’s strategic plan.
H. Executive/Closed Session
At
10:40 a.m. the Board moved into Executive Session, immediately followed by Closed
Session to deliberate on quasi-judicial matters.
At 12:18 p.m. the Board returned to regular session and reported
the following:
Motion 12-034 Moved by Member Jablonski,
seconded by Vice Chair Marsh:
The Board approves the
Stipulated Facts, Conclusions and Orders in EEB Case #2011-020, Daniel Russ,
EEB Case #2011-032, Gerald Ballard, EEB Case #2011-034 James Mutnick, and EEB Case #2012-004, Sally Barber as presented.
The motion passed unanimously.
Motion 12-035 Moved by Member
Jablonski, seconded by Member Bahn:
The Board approves the
Stipulated Facts, Conclusions and Orders in EEB Case #2012-009 Leonard Little as presented.
Voting For: Members Jablonski, Bahn and Dudek Ross.
Not Voting: Vice Chair
Marsh.
The motion passed.
Motion 12-036 Moved by Member Jablonski,
seconded by Vice Chair Marsh:
The Board finds no
Reasonable Cause in EEB Case #2012-014, Cathy Canorro
and EEB Case #2012-027, Kate Burke.
The motion passed unanimously.
Motion 12-037 Moved by Member Bahn,
seconded by Vice Chair Marsh:
The Board finds no Reasonable
Cause in EEB Case #2012-018, Cheryl Strange.
Voting For: Vice Chair Marsh and Members Bahn and Dudek
Ross.
Not Voting: Member Jablonski.
The motion passed.
Motion 12-038 Moved by Member Jablonski,
seconded by Vice Chair Marsh:
The Board finds Reasonable
Cause in EEB Case #2012-003, Joe Hawe, EEB Case 2012-025, Raquel Salinas and
EEB Case #2012-030, James Manley.
The motion passed unanimously.
Motion 12-039 Moved by Member
Jablonski, seconded by Vice Chair Marsh:
The Board finds Reasonable
Cause in EEB Case #2012-016, Alan Paja.
Voting For: Vice Chair Marsh and Members Jablonski and
Dudek Ross.
Not Voting: Member Bahn.
The motion passed.
Motion 12-040 Moved by Member Jablonski,
seconded by Member Bahn:
The Board dismisses EEB
Case #2011-037, Steven Birch.
The motion passed unanimously.
I. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 12:22 p.m.
Approved by the Board 9/14/12