WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

July 14, 2023

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 Jutte at 9:02 a.m.  In attendance were Vice Chair Kelli Hooke and Members Shirley Battan and Megan Abel. Member Earl Key was absent. Board staff in attendance included:  Executive Director Kate Reynolds, Assistant Attorney General Leo Roinila, Assistant Attorney General Julia Eisentrout, Administrative Officer Ruthann Bryant and Investigators Bobby Frye and Justin Cotte.

 

2.    Approval of Agenda

Kate Reynolds noted that one stipulation was pulled and a stipulation for consideration was added to the agenda.

 

Motion 23-072 Moved by Vice Chair Hooke, seconded by Member Battan:

 

The Board approved the July 14, 2023 agenda as amended.

 

The motion passed unanimously.

 

3.    Approval of the May 12, 2023 Meeting Minutes

Chair Jutte noted an error in the officers making motion 23-058.

 

Motion 23-073 Moved by Member Battan, seconded by Chair Jutte:

 

The Board approved the May 12, 2023 minutes as amended.

 

The motion passed unanimously.

 

B.   Enforcement Matters

Stipulations

EEB Case 2022-029 (Scott)

Investigator Justin Cotte briefed the Board on a proposed Stipulation and Order in the matter of Terry Scott, part-time faculty member at Bellevue College. Terry Scott agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit and gain.  Evidence indicated that Terry Scott used their state computer to send emails promoting the sale of a book they had written. The proposed Stipulation and Order imposes a civil penalty of $2,000 with $1,000 suspended.

 

EEB Case 2022-032 (Prows)

Investigator Bobby Frye briefed the Board on a proposed Stipulation and Order in the matter of Brittany Prows, a former Administrative Assistant 3 at the Coyote Ridge Corrections Center with the Department of Corrections. Brittany Prows agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated Brittany Prows had approximately 1,491 hours of paid time that was unaccounted for and used their state computer to search the internet, browse Facebook and to conduct searches on Google. The proposed Stipulation and Order imposes a civil penalty of $5,500.

 

EEB Case 2022-037 (Houde)

Investigator Bobby Frye also briefed the Board on a proposed Stipulation and Order in the matter of Laura Houde, a former Therapy Supervisor at Western State Hospital with the Department of Social and Health Services. Laura Houde agreed that they may have violated the Ethics in Public Service Act by disclosing confidential information, providing a special privilege and by using state resources for private benefit or gain. Evidence indicated that Laura Houde used their state issued computer to create and store documents and manuals used for non-work related purposes and may have shared confidential information outside of their work unit. The Stipulation and Order imposes a civil penalty of $2,750.

 

EEB Case 2022-038 (Adams)

Investigator Bobby Frye also briefed the Board on a proposed Stipulation and Order in the matter of SeanPierre Adams, a former Therapy Supervisor at Western State Hospital with the Department of Social and Health Services. SeanPierre Adams agreed that they may have violated the Ethics in Public Service Act by providing a special privilege and by using state resources for private benefit or gain. Evidence indicated that SeanPierre Adams used their state issued computer to store documents used for non-work related purposes.

The Stipulation and Order imposes a civil penalty of $500.

 

EEB Case 2022-043 (Womack)

Investigator Bobby Frye also briefed the Board on a proposed Stipulation and Order in the matter of Linda Womack, a Small Business & Community Support Managing Director at the Department of Commerce. Linda Womack agreed that they may have violated the Ethics in Public Service Act by conducting activities incompatible with public duties and by using state resources for private benefit or gain. Evidence indicated that Linda Womack was on the Board of Directors of the Association of Women and Minority Businesses, which could result in a conflict of interest with their position at the Department of Commerce. Additionally, documents and emails related to the association were located on their state computer. The Stipulation and Order imposes a civil penalty of $500 with $100 suspended.

 

EEB Case 2022-051 (Rhodes)

Investigator Bobby Frye also briefed the Board on a proposed Stipulation and Order in the matter of Kristen Rhodes, a Dental Hygienist 2 at the Washington State Penitentiary with the Department of Corrections. Kristen Rhodes agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Kristen Rhodes used online streaming services and browsed the internet for non-work related purposes. The Stipulation and Order imposes a civil penalty of $1,500 with $750 suspended.

 

EEB Case 2022-052 (Jordan)

Investigator Justin Cotte briefed the Board on a proposed Stipulation and Order in the matter of Alena Jordan, Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. Alena Jordan agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. The Stipulation and Order imposes a civil penalty of $500 with $100 suspended.

 

EEB Case 2022-053 (Rohan)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Buck Rohan, Correctional Sergeant at the Washington State Penitentiary with the Department of Corrections. Buck Rohan agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Buck Rohan used online streaming services and browsed the internet for non-work related purposes. The Stipulation and Order imposes a civil penalty of $2,500 with $1,000 suspended.

 

EEB Case 2022-054 (Carlile)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Christopher Carlile, a Correctional Unit Supervisor at the Washington State Penitentiary with the Department of Corrections. Christopher Carlile agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Christopher Carlile browsed the internet for non-work related purposes including shopping sites, social media and online college, conducted an extensive amount of personal Google searches and browsed YouTube. The Stipulation and Order imposes a civil penalty of $5,500 with $1,000 suspended.

 

EEB Case 2022-055 (Bayer)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Daniel Bayer, a Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. Daniel Bayer agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Daniel Bayer browsed the internet for non-work related purposes including Amazon, social media and news sites. The Stipulation and Order imposes a civil penalty of $5,000 with $1,000 suspended.

 

EEB Case 2022-056 (Flores)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Evelyn Flores, a Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. Evelyn Flores agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Evelyn Flores had several Google searches and YouTube visits over a six-month period.  The Stipulation and Order imposes a civil penalty of $1,500 with $750 suspended.

 

EEB Case 2022-057 (Martin)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Gerrod Martin, a Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. Gerrod Martin agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Gerrod Martin browsed the internet for non-work related purposes including multiple Goggle and YouTube visits, social media and shopping sites. The Stipulation and Order imposes a civil penalty of $2,500 with $1,000 suspended.

 

EEB Case 2022-058 (Logan)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Gabriel Logan, a Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. Gabriel Logan agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Gabriel Logan browsed the internet for non-work related purposes including several hundred Goggle searches, thousands of YouTube visits and a several hundred Zillow visits over a two-year period. The Stipulation and Order imposes a civil penalty of $5,000 with $1,000 suspended.

 

EEB Case 2022-059 (Lugo)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Gilbert Lugo, a Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. Gilbert Lugo agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Gilbert Lugo browsed the internet for non-work related purposes including over a thousand Goggle searches and several Amazon, ESPN and other news sites. The Stipulation and Order imposes a civil penalty of $5,000 with $1,000 suspended.

 

EEB Case 2022-060 (Sumerlin)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Jarrod Sumerlin, a Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. Jarrod Sumerlin agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Jarrod Sumerlin browsed the internet for non-work related purposes including several hundred Goggle searches, YouTube, Craigslist, ESPN and other news site visits. The Stipulation and Order imposes a civil penalty of $5,500 with $1,500 suspended.

 

EEB Case 2022-062 (Melton)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Micah Melton, a Correctional Sergeant at the Washington State Penitentiary with the Department of Corrections. Micah Melton agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Micah Melton browsed the internet for non-work related purposes including several Goggle searches, YouTube and social media sites on two different state computers. The Stipulation and Order imposes a civil penalty of $3,000 with $1,000 suspended.

 

EEB Case 2022-063 (Croft)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Michael Croft, a Correctional Sergeant at the Washington State Penitentiary with the Department of Corrections. Michael Croft agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Michael Croft browsed the internet for non-work related purposes including hundreds of Goggle searches, YouTube and travel sites on two different state computers. The Stipulation and Order imposes a civil penalty of $5,500 with $1,000 suspended.

 

EEB Case 2022-064 (Lowder)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Scott Lowder, a Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. Scott Lowder agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Scott Lowder browsed the internet for non-work related purposes including YouTube, TV streaming services, CNN and food sites. The Stipulation and Order imposes a civil penalty of $5,000 with $1,000 suspended.

 

EEB Case 2022-065 (Harmon)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Shari Harmon, a Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. Shari Harmon agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Shari Harmon browsed the internet for non-work related purposes including YouTube, Yahoo and social media sites. The Stipulation and Order imposes a civil penalty of $2,500 with $1,000 suspended.

 

EEB Case 2022-067 (Fletcher)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of William Fletcher, a Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. William Fletcher agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that William Fletcher browsed the internet for non-work related purposes including multiple visits to news sites, several Google searches and YouTube visits. The Stipulation and Order imposes a civil penalty of $5,000 with $1,000 suspended.

 

EEB Case 2023-006 (Havens)

Investigator Bobby Frye briefed the Board on a proposed Stipulation and Order in the matter of Suzanne Havens, an Office Assistant 2 Brand Clerk with the Department of Agriculture. Suzanne Havens agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Suzanne Havens used their state issued smart phone for personal use and allowed a family member to use the phone while out-of-state for several months. The Stipulation and Order imposes a civil penalty of $2,500.

 

EEB Case 2023-019 (Grindrod)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Kurtis Grindrod, a Correctional Lieutenant at the Washington State Penitentiary with the Department of Corrections. Kurtis Grindrod agreed that they may have violated the Ethics in Public Service Act by using state resources for personal benefit or gain. Evidence indicated that Kurtis Grindrod browsed the internet for non-work related purposes including multiple visits to YouTube, Instagram and CNN over a 5-month period and stored several personal photographs on their state computer. The Stipulation and Order imposes a civil penalty of $5,000 with $1,000 suspended.

Executive Director Dismissals

 

Kate Reynolds summarized two Executive Director Dismissals: EEB Case 2023-002 (Lull) and EEB Case 2023-003 (Wojtach).

 

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

 

C.   Policy Reviews

Administrative Officer Ruthann Bryant presented the Tax Preference Commission’s Individual Commissioner’s Interests in Commission Contracts/Sales/Leases/Purchases/Grants Policy. She noted the policy was written in accordance with this Board’s Model Rules for boards and commissions (Advisory opinions 96-06 and 96-09A). Staff recommended approval.

 

Motion 23-074 Moved by Member Battan, seconded by Chair Hooke:

 

The Board approved the Tax Preference Commission’s Individual Commissioner’s Interests in Commission Contracts/Sales/Leases/Purchases/grants policy, as presented.

 

The motion passed unanimously.

 

Executive Director Kate Reynolds presented the Department of Natural Resources Wildland Fire Physical Fitness Training policy. The policy allows employees whose positions are related to wildland fire suppression and in roles requiring successful completion of the Work Capacity Test, be allowed up to five hours per week  to engage in physical fitness readiness training. Kate Reynolds noted that a similar policy from the Military Department was before the Board previously, which allowed up to two hours per week, and the Board denied approval. Staff did not recommended approval.

 

The Department of Natural Resources Human Resources Director Michael Lenker and Washington State Forester/Department of Natural Resources Deputy, Wildland Fire Management George Geissler were present and addressed the Board in support of the policy.

 

The Board indicated that the distinction between the Military Department’s policy and the Department of Natural Resources policy is that this policy is requesting the allowance for physical fitness has a strong nexus to the requirements of the job, including federal physical fitness requirements, and is included in the job description. Additionally, this is a small subset of the Department of Natural Resources employees and only pertains to those with the stringent physical fitness requirements.

 

Motion 23-075 Moved by Member Battan, seconded by Chair Jutte:

 

The Board approved the Department of Natural Resources Wildland Fire Physical Fitness Training policy, as presented.

 

The motion passed unanimously.

D.   Discussion regarding update of Advisory Opinion 02-02A

Executive Director Kate Reynolds provided a draft revision to the Board’s Advisory Opinion 02-02A Use of state resources questions and answers to include a question regarding using state resources to apply and interview for state jobs. Kate Reynolds noted that was the result of a job-hunting case and the time spent doing so.

Member Battan requested that “still performing their assigned duties” be replaced with “satisfactorily performing their assigned duties”.

 

Motion 23-076 Moved by Member Battan, seconded by Member Able:

 

The Board approved Advisory Opinion 02-02A Use of state resources questions and answers, as amended.

 

The motion passed unanimously.

 

E.   Discussion of Strategic Plan

Executive Director Kate Reynolds reported on the 2023-2025 Strategic Plan focusing on goals regarding improving internal efficiencies and effectiveness and promoting good government.

 

Motion 23-077 Moved by Member Battan, seconded by Chair Jutte:

 

The Board approved their 2023-2025 Strategic Plan, as presented.

 

The motion passed unanimously.

 

F.    Staff Reports

Executive Director Kate Reynolds reported that Investigator Bobby Frye’s retirement begins in August and this would be Mr. Frye’s last meeting. Kate Reynolds thanked Bobby for all of the hard work and dedication over the last five years.

No other staff reports were given.

G.    Public Comment/Board Member Comment

No public or Board Member comments were given.

H.   Closed Session

At 10:00 a.m. the Board moved into Closed Session. 

At 11:20 a.m. the Board returned to regular session and reported the following:

 

Motion 23-078 Moved by Member Battan, seconded by Chair Jutte:

 

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

 

·         EEB Case 2022-029 Terry Scott, imposing a civil penalty of $2,000 with $1,000 suspended.

·         EEB Case 2022-032 Brittany Prows, imposing a civil penalty of $5,500.

·         EEB Case 2022-037 Laura Houde, imposing a civil penalty of $2,750.

·         EEB Case 2022-038 SeanPierre Adams, imposing a civil penalty of $500.

·         EEB Case 2022-043 Linda Womack, imposing a civil penalty of $500 with $100 suspended.

·         EEB Case 2022-051 Kristen Rhodes, imposing a civil penalty of $1,500 with $750 suspended.

·         EEB Case 2022-052 Alena Jordan, imposing a civil penalty of $500 with $100 suspended.

·         EEB Case 2022-053 Buck Rohan, imposing a civil penalty of $2,500 with $1,000 suspended.

·         EEB Case 2022-054 Christopher Carlile, imposing a civil penalty of $5,500 with $1,000 suspended.

·         EEB Case 2022-055 Daniel Bayer, imposing a civil penalty of $5,000 with $1,000 suspended.

·         EEB Case 2022-056 Evelyn Flores, imposing a civil penalty of $1,500 with $750 suspended.

·         EEB Case 2022-057 Gerrod Martin, imposing a civil penalty of $2,500 with $1,000 suspended.

·         EEB Case 2022-058 Gabriel Logan, imposing a civil penalty of $5,000 with $1,000 suspended.

·         EEB Case 2022-059 Gilbert Lugo, imposing a civil penalty of $5,000 with $1,000 suspended.

·         EEB Case 2022-060 Jarrod Sumerlin, imposing a civil penalty of $5,500 with $1,500 suspended.

·         EEB Case 2022-062 Micah Melton, imposing a civil penalty of $3,000 with $1,000 suspended.

·         EEB Case 2022-063 Michael Croft, imposing a civil penalty of $5,500 with $1,000 suspended.

·         EEB Case 2022-064 Scott Lowder, imposing a civil penalty of $5,000 with $1,000 suspended.

·         EEB Case 2022-065 Shari Harmon, imposing a civil penalty of $2,500 with $1,000 suspended.

·         EEB Case 2022-067 William Fletcher, imposing a civil penalty of $5,000 with $1,000 suspended.

·         EEB Case 2023-006 Suzanne Havens, imposing a civil penalty of $2,500.

·         EEB Case 2023-019 Kurtis Grindrod, imposing a civil penalty of $5,000 with $1,000 suspended.

 

The motion passed unanimously.

 

Motion 23-079 Moved by Vice Chair Hooke, seconded by Chair Jutte:

 

The Board found Reasonable Cause over than $500 in EEB Case 2022-046 Abraham Flaxman.

 

The motion passed unanimously.

 

Motion 23-080 Moved by Vice Chair Hooke, seconded by Member Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2022-049 Elia Martinez.

 

The motion passed unanimously.

 

Motion 23-081 Moved by Vice Chair Hooke, seconded by Member Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2022-050 Antoinette Perez.

 

The motion passed unanimously.

 

Motion 23-082 Moved by Member Battan, seconded by Vice Chair Hooke:

The Board found Reasonable Cause over $500 in EEB Case 2023-001 Xuetao Huang.

 

Voting for:  Chair Jutte, Vice Chair Hooke and Member Battan

Not Voting: Member Abel.

 

The motion passed.

 

Motion 23-083 Moved by Chair Jutte, seconded by Member Battan:

 

The Board determined that the complaint is unfounded and dismissed EEB Case 2023-008 Amanda Maxwell.

 

The motion passed unanimously.

 

Motion 23-084 Moved by Member Abel, seconded by Member Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-009 Robert Brusseau.

 

The motion passed unanimously.

 

Motion 23-085 Moved by Chair Jutte, seconded by Member Battan:

 

The Board determined that the complaint is unfounded and dismissed EEB Case 2023-010 Rayne Pearson.

 

The motion passed unanimously.

 

Motion 23-086 Moved by Member Battan, seconded by Chair Jutte:

 

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 dismissed EEB Case 2023-011 Caitlin Robertson.

 

The motion passed unanimously.

 

Motion 23-087 Moved by Member Battan, seconded by Vice Chair Hooke:

 

The Board determined that the complaint is unfounded and dismissed EEB Case 2023-012 Jessica Todorovich.

 

The motion passed unanimously.

 

I.     Miscellaneous Matters/Adjournment

There were no miscellaneous matters and the meeting was adjourned at 11:28 a.m.

 

Approved by the Board 9/8/2023