WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

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

September 8, 2017

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 John Ladenburg at 9:00 a.m.  In attendance were Members Lisa Marsh and Shirley Battan. Chair Anna Dudek Ross and Vice Chair Samantha Simmons were absent. Board staff in attendance included:  Executive Director Kate Reynolds, Sr. Assistant Attorney General Bruce Turcott, Assistant Attorney General Chad Standifer, Investigators David Killeen and Dan Davis and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

 

Motion 17-036 Moved by Member Marsh, seconded by Member Battan:

 

The Board approves the September 8, 2017 agenda as presented.

 

The motion passed unanimously.

 

3.     Approval of the July 14, 2017 Meeting Minutes

       

Motion 17-037 Moved by Member Battan, seconded by Member Marsh:  

 

The Board approves the July 14, 2017 minutes as presented.

 

The motion passed unanimously.

 

B.    Rule Making

WAC 292-110 Agency Substantive Rules

Kate Reynolds briefly discussed draft amendments to WAC 292-110 Agency Substantive Rules and requested Board approval to file the CR-102 with the Code Reviser.

 

Motion 17-038 Moved by Member Marsh, seconded by Member Battan: 

 

The Board approves filing the CR-102 on WAC 292-110 Agency Substantive Rules.

 

The motion passed unanimously.

 

Kate Reynolds also briefly discussed proposed amendments to WAC 292-100 Procedural Rules. She reported that recent legislation amended the Public Records Act and the amendments are to bring our rules in line with that legislation. She requested Board approval to file the CR-101 with the Code Reviser. 

 

Motion 17-039 Moved by Member Marsh, seconded by Member Battan: 

 

The Board approves filing the CR 101 on WAC 292-100 Procedural Rules.

 

The motion passed unanimously.

 

C.    Enforcement Matters

Stipulations

EEB Case No. 2016-051 (Mann)

Senior Investigator David Killeen briefed the Board on a proposed stipulation and order in the matter of Ronda Mann.  Ms. Mann agreed that she may have violated the Ethics in Public Service Act by taking time away from work without submitting the proper leave requests. Evidence indicated that she received pay for at least 308 hours of time that she was not at work and did not submit leave slips over a 5- month period. The Stipulation imposes a penalty of $4,000 with $1,000 suspended.

EEB Case No. 2016-053 (Rogers)

Mr. Killeen also briefed the Board on a proposed stipulation and order in the matter of John Rogers.  Mr. Rogers agreed that he may have violated RCW 42.52.160 when he used state resources for his private benefit and gain by taking time off from work without submitting the proper leave requests. He repaid his agency for that time. The Stipulation imposes a penalty of $2,500.

EEB Case No. 2016-054 (Moses)

Mr. Killeen briefed the Board on a proposed stipulation and order in the matter of Cassandra Moses.  Ms. Moses agreed that she may have violated RCW 42.52.070 and .160 when she used state resources and her position to obtain travel expenses from one of the residential treatment providers to visit several of their treatment facilities after she was advised by management that she could not visit as a DSHS representative. The Stipulation imposes a penalty of $3,500 with $1,750 suspended.

 

 

EEB Case No. 2016-061 (Clark)

Mr. Killeen also reported on a proposed stipulation and order in the matter of David Clark. Mr. Clark may have violated the Ethics in Public Service Act when he spent an excessive amount of time on the internet for non-work related use. The Stipulation proposes a penalty of $2,000 with $1,000 suspended.

EEB Case No. 2016-072 (Austin)

Investigator Dan Davis summarized a proposed stipulation and order in the matter of Katrina Austin.  Ms. Austin agreed that she may have violated RCW 42.52.160 when she used a state vehicle for personal use on two separate occasions. The stipulation proposes a penalty of $2,000 with $1,000 suspended.

EEB Case No. 2016-092 (Khaleghi)

David Killeen summarized a proposed stipulation and order in the matter of Bijan Khaleghi. Mr. Khaleghi may have violated the Ethics in Public Service Act when he used state resources for his personal benefit and gain in support of his outside employment as an adjunct faculty member of St. Martin’s University.  The stipulation proposes a penalty of $4,500 with $2,500 suspended.

EEB Case No. 2017-012 (Robbins)

Mr. Killeen also summarized a proposed stipulation and order in the matter of Gail Robbins.  Ms. Robbins may have violated the Ethics in Public Service Act when she took time off from work without submitting the proper leave slips and by allowing a subordinate to take time off without requiring her to submit leave.  Evidence indicated that she received pay for at least 282 hours of time she was not at work and did not submit leave slips over a 5-month period. The stipulation proposes a penalty of $6,000 with $1,000 suspended.

Executive Director Dismissals

EEB Case No. 2016-066 (Morris), EEB Case No. 2016-067 (Harper), EEB Case No. 2016-083 (Brinson), EEB Case 2016-085 (Barrington), EEB Case 2017-008 (Beck), EEB Case No. 2017-013 (Sanchez), EEB Case No. 2017-016 (Kelly-Rae) and EEB Case No. 2017-027 (Gilbert).

Kate Reynolds summarized eight Executive Director Dismissals.

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

 

D.    Advisory Opinion Review

Kate Reynolds continued with the final Advisory Opinion (AO) in the review project and presented changes made to AO 10-02 Wearing Uniform at Charitable Events. She reported that the opinion has been drafted in a manner that fits within WAC 292-110-010 Use of State Resources.

Member Marsh requested that the Board table the discussion until the November meeting.

 

 

E.    2018 Meeting Dates

The Board briefly discussed meeting dates for 2018. Following discussion, the Board concluded that next year’s meeting dates will be determined based on the majority of member availability. A list of dates will be shared as soon as they are determined.

F.    Staff Reports

Kate Reynolds reported on the agency budget build and noted that the retreat is currently scheduled to be held in January.

Ruthann Bryant updated the Board on the debut of the new website. She added that stakeholders are very pleased with the ease of navigation, the updated look and the site overall.

Chad Standifer provided an update on cases currently scheduled for hearings before the Board.

Public Comment/Board Member Comment

No public or Board Member comments were noted.

G.   Executive/Closed Session

At 9:40 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 11:00 a.m. the Board returned to regular session and reported the following:

 

Motion 17-040 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board approves the following Stipulated Facts, Conclusions of Law and Agreed Orders as presented:

 

·       EEB Case 2016-051 Ronda Mann

·       EEB Case 2016-053 John Rogers

·       EEB Case 2016-054 Cassandra Moses

·       EEB Case 2016-061 David Clark

·       EEB Case 2016-072 Katrina Austin

·       EEB Case 2016-092 Bijan Khaleghi

·       EEB Case 2017-012 Gail Robbins

 

The motion passed unanimously.

 

Motion 17-041 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board finds Reasonable Cause over $500 in the following cases:

 

·       EEB Case 2017-005 Joel Berg

·       EEB Case 2017-015 Michelle Owen

·       EEB Case 2017-022 Stephen Goodman

·       EEB Case 2017-024 David Kopp

 

The motion passed unanimously.

 

Motion 17-042 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board finds Reasonable Cause less than $500 in EEB Case 2017-012 Kim Patten

 

The motion passed unanimously.

 

Motion 17-043 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board finds no Reasonable Cause in EEB Case 2017-014 Chris Martin.

 

The motion passed unanimously.

 

Motion 17-044: Moved by Member Ladenburg, seconded by Member Marsh:

 

The Board Dismisses EEB Case 2017-012 Cynthia Beveridge as inadvertent and minor.

 

The motion passed unanimously.

 

Motion 17-045 Moved by Member Ladenburg, seconded by Vice Chair Simmons:

 

The Board issues a Final Order of Default in EEB Case 2015-055 Eugene Payne and imposes a penalty of $2,000.

 

The motion passed unanimously.

 

Motion 17-046 Moved by Member Marsh, seconded by Member Battan:

 

The Board issues Final Orders of Default as presented in the following cases:

 

·       EEB Case 2015-078 Rebekah Felitz

·       EEB Case 2015-081 Douglas Popwell

 

The motion passed unanimously.

 

H.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:05 a.m.

 

Approved by the Board 11/17/17