WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

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

July 17, 2015

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 Member Lisa Marsh at 9:00 a.m.  In attendance were Vice Chair Samantha Simmons and Member Sumeer Singla. Chair Anna Dudek Ross was absent. Board staff in attendance included:  Executive Director Kate Reynolds, Assistant Attorney General Bruce Turcott, Assistant Attorney General Chad Standifer and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Kate Reynolds noted that the agenda was revised to add a stipulation. She also noted that the Department of Commerce has withdrawn their request for an advisory opinion.

 

Motion 15-016 Moved by Member Singla, seconded by Vice Chair Simmons:

 

The Board approves the July 17, 2015 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the May 8, 2015 Meeting Minutes

       

Motion 15-017 Moved by Member Singla, seconded by Vice Chair Simmons:  

 

The Board approves the May 8, 2015 minutes as presented.

 

The motion passed unanimously.

 

B.    Rule-Making Public Hearing

Kate Reynolds presided over the public hearing and presented proposed rule amendments to WAC 292-110-010 Use of state resources. She reported that the changes are intended to review the permitted uses of state resources as well as update and clarify the rule.

 

Ms. Reynolds stated that written comments received by the Board would be reviewed and considered by the rule subcommittee.

 

No one signed up to testify.

 

Motion 15-018 Moved by Member Marsh, seconded by Member Singla: 

 

The Board directs staff to review comments with the subcommittee and to bring any significant changes for further review by the Board.

 

The motion passed unanimously.

 

C.    Enforcement Matters

Stipulations

EEB Case No. 2013-037 (Johnson)

Kate Reynolds briefed the Board on a proposed stipulation and order in the matter of Loueta Johnson. Ms. Johnson agreed that she may have violated RCW 42.52.020, .070 and .160 by using GEAR UP grant money for her private benefit and gain when she claimed and was reimbursed for travel not related to the program.  The Stipulation imposes a penalty of $2,500.

EEB Case No. 2014-043 (Stevens), EEB Case No. 2014-044 (MacDonald-Davis) and EEB Case No. 2014-045 (Matthews)

Ms. Reynolds also briefed the Board on proposed Stipulations and Orders in the matters of Greg Stevens, Frances MacDonald-Davis and Melody Matthews.  Mr. Stevens along with Ms. MacDonald-Davis and Ms. Matthews agreed that they may have violated RCW 42.52.020 and .070 when they hired family members to fill part-time hourly positions within the HR Department. The stipulations impose the following penalties:  EEB Case No. 2014-043 (Stevens) $2,500 with $1,250 suspended, EEB Case No. 2014-044 (MacDonald-Davis) $2,000 with $1,000 suspended and EEB Case No. 2014-045 (Matthews) $2,000 with $1,000 suspended.

EEB Case No. 2015-023 (Goodenough)

Ms. Reynolds briefed the Board on a proposed stipulation and order in the matter of Randall “Keith” Goodenough.  Mr.Goodenough agreed that he may have violated RCW 42.52.070 when he used his position with the Department of Corrections to influence the placement of his son within a state program administered by the Department of Social and Health Services, Children Administration.  The stipulation imposes a penalty of $1,500 with $750 suspended.

The Board had some questions for the investigator and requested that consideration of Mr. Goodenough’s stipulation and order be held over until the September meeting.

 

Executive Director Dismissals

EEB Case No. 2014-061 (Carroll), EEB Case No. 2014-062 (Bennet), EEB Case No. 2014-063 (Burt) and EEB Case No. 2014-092 (McAllister)

Kate Reynolds summarized four Executive Director Dismissals.

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

 

D.    Policy Reviews

Ruthann Bryant reported on an Affinity Group policy submitted by the Office of the Attorney General (AGO). The policy allows employees to create and lead groups and requires approval through the AGO Operations Committee.

Deputy Attorney General Erika Uhl was present and provided comment to the Board in support of the policy.

Motion 15-019 Moved by Member Singla, seconded by Vice Chair Simmons: 

 

The Board approves the Office of the Attorney General’s Affinity Group policy.

 

The motion passed unanimously.

 

Kate Reynolds reported on a Wellness policy submitted by the Military Department and expressed concern that the policy goes beyond de minimis use of state resources by allowing state employees to use 30 minutes a day, up to two hours a week, of paid time for physical exercise/exertion activities.

Major General Daugherty was present and shared the concerns of his employees and the differences between Federal and State laws related to permitted activity.

Assistant Attorney General Bruce Turcott noted that under RCW 41.04.362 Employee wellness program (3)“no wellness programs or activity that involves or requires organized or physical exercise may be implemented or conducted during normal working hours.”

Lisa Marsh commented that the policy as written goes too far in allowing private gain under the law and any change would need to be at a higher level than the Executive Ethics Board.  She suggested that he and staff work together to continue working on options that may be available.

Motion 15-020 Moved by Member Marsh, seconded by Member Singla: 

 

The Board does not approve the Military Department’s Wellness policy as presented.

 

The motion passed unanimously.

 

E.    Board Member Policies

Kate Reynolds provided the Board with a final version of Board Member Policies incorporating changes made at the Board Retreat in May.

Motion 15-021 Moved by Member Marsh, seconded by Member Singla: 

 

The Board approves the Board Member Policies as written.

 

The motion passed unanimously.

 

F.    Staff Reports

Kate Reynolds discussed a meeting she and Lisa Marsh had with representatives of Results Washington who are considering adding an Ethics Measurement.

Lisa Marsh commented that it is important to improve communications with agency staff and to enhance visibility of Ethics Advisors within agencies.

G.   Public Comment/Board Member Comment

Lynn Hendrickson with the Board of Industrial Insurance Appeals requested that, when passed, the Board delay the effective date of the use of state resources rule to allow agencies time to prepare their organizational effectiveness polices.

Lisa Marsh also discussed with Ethics Advisors present, their thoughts on moving the Ethics survey until spring to avoid overlapping with the state employee survey done each year.  She received favorable feedback from the audience.

H.    Executive/Closed Session

At 10:10 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 11:05 a.m. the Board returned to regular session and reported the following:

 

Motion 15-022 Moved by Member Singla, seconded by Vice Chair Simmons:

 

The Board approves the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2014-043, Greg Stevens, EEB Case No. 2014-044, Frances MacDonald-Davis and EEB Case No. 2014-045 Melody Matthews as presented.

 

The Board takes no action on the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2013-037 Loueta Johnson and EEB Case 2015-023 Randall “Keith” Goodenough.

 

The motion passed unanimously.

 

Motion 15-023 Moved by Member Singla, seconded by Vice Chair Simmons:

 

The Board finds Reasonable Cause in EEB Case No. 2014-036 Jacqueline Fluaitt and EEB Case No. 2014-068 Patricia Barrera.

 

The motion passed unanimously.

 

Motion 15-024 Moved by Member Singla, seconded by Vice Chair Simmons:

 

The Board affirms the Executive Director Dismissal in EEB Case No. 2014-027 Deanna Desanto.

 

Voting For:  Vice Chair Simmons and Member Singla.

Voting Against: Member Marsh.

 

The motion passed.

 

Motion 15-025 Moved by Member Singla, seconded by Member Marsh:

 

The Board issues a Final Order in EEB Case No. 2014-056 Mary Lee Root.

 

The motion passed unanimously.

 

I.       Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:10 a.m.

 

Approved by the Board 9/11/15