WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW – 1st Floor Conference Room
148 – Olympia, WA
September 8, 2006
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 Chair Trish Akana at 9:00 a.m.
Also present were Members Paul Zellinsky, Judy Golberg and Neil Gorrell. Vice Chair Evelyn Yenson would be joining the meeting via
telephone prior to the rule making agenda item. Board staff in attendance
included: Executive Director Susan Harris, Senior Assistant Attorney General Nancy Krier, Assistant Attorney General Mike Tribble and Investigator Sue Jones.
2.
Approval of Agenda
Motion 07-015 Moved by Member Golberg, seconded by
Member Zellinsky:
The Board approves the September 8, 2006
agenda as presented.
The motion passed unanimously.
3.
Approval of July 13 and July 14 Meeting
Minutes
Member Golberg noted that under “Roll Call” the special meeting
was listed as a regular meeting. She
also requested that it be noted that Vice Chair Yenson arrived at 1:15 p.m.
Motion
07-016 Moved by Member Golberg, seconded by
Member Gorrell:
The
Board approves the July 13, 2006 minutes as amended and approves the July
14, 2006
meeting as presented.
The motion passed unanimously.
B.
Stipulation and Order
1.
EEB Case No. 05-041 (Rebecca Neal)
Susan Harris briefed the Board on the proposed
stipulation and order. Ms. Neal agreed that she violated RCW 42.52.160
when she used her state computer, Internet, time and e-mail for non-work
related purposes. The Board’s deliberation on the proposal was deferred until
closed session.
2.
EEB Case No. 06-022 (William Yeung)
Ms. Harris briefed the Board on the proposed
stipulation and order. Mr. Yeung agreed that he violated RCW 42.52.160
when he used his state computer, Internet, time, e-mail and instant messaging
for non-work related purposes. The Board’s deliberation on the proposal was
deferred until closed session.
C.
Rule Making
Vice
Chair Yenson was connected via telephone.
1.
Rules relating to the use of an Administrative Law Judge
Susan Harris briefly updated the Board on a
discussion held at the July 14th retreat regarding potential rule
making on the use of an Administrative Law Judge (ALJ), and when to use that
option.
Ms. Harris reported that during the drafting stages
of rule making, staff discovered that the statute will not allow the Board to
amend its rules to eliminate the option that gives the respondent the
opportunity to request an ALJ unless the Board wants to give up the right to
impose penalties greater than $500.
The Board requested that staff track costs incurred by having an
ALJ, discuss the issue with the Legislative Ethics Board and the Judicial
Conduct Commission and research the types of cases being presented.
2.
Discussion of possible rulemaking
a)
WAC 292-100-007 Definitions
Ms. Harris summarized new definitions to help
clarify and give direction to organizations who might be affected by new
legislation, RCW 42.52.560, which allows state employees to use state resources
to distribute communications from certain groups to other state employees.
Member Golberg suggested adding designated bulletin boards to (5)
as a method of distribution.
Nancy Krier provided extensive background on
electioneering communications and express advocacy to clarify the definition of
support or oppose. She noted that language was developed after review of
several court cases, both state and federal.
b)
WAC 292-100-045 Executive director’s
dismissal of complaints
The title has been
amended to clarify that the Board also has authority to issue dismissals.
Chair Akana
requested that (2) be rewritten to clarify that written notice will be provided
to the complainant, respondent, and the board when dismissed by either the
executive director or the board.
c)
WAC 292-100-050 Determination on
reasonable cause
Amendments to
this rule were made for ease of reading.
d)
WAC 292-100-150 Discovery – Production of
documents and use at hearing
The amendment allows time for staff to copy the materials to be
included in the mailing packet and gives the parties an opportunity to provide
additional materials at the hearing, if necessary.
The Board discussed defining “good cause” and directed staff to
reference Civil Rule 60.
e)
WAC 292-100-160 Conduct of hearings
Proposed changes clarify the role of the administrative law judge
when sitting with the board or sitting alone.
If approved, staff will file a CR102 with the Code Reviser and
schedule a public hearing.
Motion 07-017 Moved by Member Golberg, seconded by
Member Gorrell:
The Board approves proposed rule making
on WAC 292-100-007 Definitions, WAC 292-100-056 Executive director’s dismissal
of complaints, WAC 292-100-050 Determination on reasonable cause, WAC
292-100-150 Discovery—Production of documents and use at hearing and WAC
292-100-160 Conduct of hearings as amended.
The motion passed unanimously.
D.
Board Interpretations
1. Draft Interpretation 07-01, When Matters May
Be Considered “Cured”
Ms. Harris summarized a draft interpretation to
provide guidelines to stakeholders and staff when determining if a complaint
has been cured.
Following discussion, the Board decided not to adopt the
interpretation since the facts must be considered on a case-by-case basis.
2. Draft Interpretation 07-02, Distributing
Communications from an Employee Organization or Charitable Organization
Susan Harris discussed the interpretation to offer
guidance to stakeholders on the implementation of RCW 42.52.560, the statute
that allows state resources to be used to distribute communications from an
employee or charitable organization, while rule making is in progress.
Ms. Harris noted that if approved, the
Interpretation would be renumbered to 07-01 and would include the addition of
designated bulletin boards as a method of distribution.
Motion 07-018 Moved by Member Gorrell, seconded by
Member Golberg:
The Board approves Interim Interpretation
07-01, Distributing Communications from an Employee Organization or Charitable
Organization as amended.
The motion passed unanimously.
E.
Advisory Opinion Request
Washington State Patrol Fire Training Academy
– may employees who live a fair distance from their work site stay overnight in
the work facility without cost?
Susan Harris introduced Juliet Wehr Jones, Labor and Policy Advisor for the
Washington State Patrol (WSP) and summarized a request for an advisory opinion
on whether WSP employees can use facilities of the WSP Fire Training Academy in North Bend to stay overnight and avoid a long
commute home. She noted that unlike some agencies, WSP does not have statutory
authority to have staff stay overnight and, although a convenience, it does not
serve a business purpose.
After discussion, the Board requested Ms. Wehr Jones research the issue further and bring the
matter back at the October meeting.
F.
Public Comment/Board Member Comments
Chair Akana presented Paul Zellinsky with a plaque representing his time
served on the board. Member Zellinsky thanked his fellow members and staff for
their friendship. Susan Harris also expressed her appreciation for his
support and guidance.
Member Zellinsky left the meeting at 11:55 p.m.
G.
Review and Possible Amendment to Board
Members’ Policies
Ms. Harris briefly discussed the amendments to
Board Policies following discussion at the July retreat.
Motion 07-019 Moved by Chair Akana, seconded by Member
Gorrell:
The Board approves Members’ Conduct
Policies and Procedures as amended.
The motion passed unanimously.
H.
Policy Reviews
Ms. Harris provided a revised draft policy
submitted by Washington State University regarding Promotions and Sponsorships
and noted that the policy was reviewed at the March 10, 2006 meeting. At the Board’s request,
language has been included related to special privileges.
Motion 07-020 Moved by Member Golberg, seconded by
Chair Akana:
The Board approves Washington State University
policy on Promotions and Sponsorships as presented.
The motion passed unanimously.
Ms. Harris also provided a revised draft Washington State University policy regarding Charities with suggested
language changes and the addition of definitions of “charity” and “charitable
purpose.”
Motion 07-021 Moved by Member Gorrell, seconded by
Member Golberg:
The Board approves Washington State University
policy on Charities as presented.
The motion passed unanimously.
I.
Staff Reports
1.
Executive Director’s Report
Susan Harris summarized training conducted by staff
and reported on upcoming training scheduled. She also noted that a web designer
will be joining staff on a temporary basis to create a new website.
Ms. Harris presented a request to change the
meeting location to Yakima for an upcoming enforcement hearing. Ms. Krier provided guidance on the Open Public
Meetings Act and rules under the Administrative Procedures Act for
consideration. The Board determined that it would not be effective to relocate
the meeting to Yakima but noted that having some witnesses attend via telephone
would be acceptable.
Ms. Harris also provided a copy of the request for
Attorney General’s Opinion regarding solicitation by agency employees on behalf
of the Washington State
Parks and Recreation Commission and Chapter 42.52 RCW.
2.
Other Staff Reports
No other staff reports were given.
J.
Executive or Closed Session
At 12:35 p.m. the Board moved into Closed Session to discuss potential
litigation and deliberate and to receive and evaluate complaints against state
employees and officers.
At 1:46 p.m. the Board returned to regular session
and reported that the Stipulation and Orders in EEB Case No. 05-041, Rebecca Neal and
EEB Case No. 06-022, William Yeung,
have been accepted in their entirety.
K.
Miscellaneous Matters/Adjournment
There being no
miscellaneous matters, the meeting was adjourned at 1:47 p.m.
Approved by the Board 10/13/06