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