WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

September 8, 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 9:06 a.m.  In attendance were Vice Chair Kelli Hooke and Members Shirley Battan and Megan Abel. Chair Jutte noted that Member Earl Key resigned. Board staff in attendance included:  Executive Director Kate Reynolds, Assistant Attorney General Julia Eisentrout, Assistant Attorney General Lisa Petersen, Assistant Attorney General Eric Allen, Administrative Officer Ruthann Bryant and Investigator Justin Cotte.

 

2.    Approval of Agenda

Ruthann Bryant noted that one stipulation was added to the agenda.

 

Motion 23-088 Moved by Member Battan, seconded by Vice Chair Hooke:

 

The Board approved the September 8, 2023 agenda as amended.

 

The motion passed unanimously.

 

3.    Approval of the July 14, 2023 Meeting Minutes

 

Motion 23-089 Moved by Member Battan, seconded by Chair Jutte:

 

The Board approved the July 14, 2023 minutes as presented.

 

The motion passed unanimously.

 

B.   Enforcement Matters

Stipulations

EEB Case 2022-023 (Wilson)

Investigator Justin Cotte briefed the Board on a proposed Stipulation and Order in the matter of Curt Wilson, an employee with the Employment Security Department. Curt Wilson agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit and gain and for an outside business.  Evidence indicated that Curt Wilson used their state computer to access their outside business website, to browse the internet including hundreds of personal Google searches and shopping. The proposed Stipulation and Order imposes a civil penalty of $3,000.

 

EEB Case 2022-049 (Martinez)

Investigator Justin Cotte briefed the Board on a proposed Stipulation and Order in the matter of Elia Martinez, a Dental Assistant 2 at the Washington State Penitentiary with the Department of Corrections. Elia Martinez agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated Elia Martinez used their state computer for online streaming and personal web browsing to include accessing YouTube over 200 times on 20 different workdays. The proposed Stipulation and Order imposes a civil penalty of $1,500 with $750 suspended.

 

EEB Case 2022-050 (Perez)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Antoinette Perez, a Dental Assistant 2 at the Washington State Penitentiary with the Department of Corrections. Antoinette Perez agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated that Antoinette Perez used their state computer for personal Google searches and to stream YouTube. The Stipulation and Order imposes a civil penalty of $1,500 with $750 suspended.

 

EEB Case 2022-068 (Acosta)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Valerie Acosta, a Medical Assistant at the Washington State Penitentiary with the Department of Corrections. Valerie Acosta agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated that Valerie Acosta failed to submit leave on four days, accessed YouTube on approximately 37 different workdays and browsed the internet for travel and shopping searches. The Stipulation and Order imposes a civil penalty of $5,000 with $2,000 suspended.

 

EEB Case 2023-001 (Huang)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Xuetao Huang, an Economic Analyst 3 with the Employment Security Department. Xuetao Huang agreed that they may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated that Xuetao Huang used their state computer for personal web browsing, including accessing a foreign bank account. The Stipulation and Order imposes a civil penalty of $2,500 with $1,250 suspended.

 

EEB Case 2023-007 (Hultberg)

Investigator Justin Cotte also briefed the Board on a proposed Stipulation and Order in the matter of Lola Hultberg, a Corrections Officer 2 at the Washington State Penitentiary with the Department of Corrections. Lola Hultberg 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 Lola Hultberg used their state computer for personal searches including YouTube visits, travel searches, Amazon shopping as well as personal Google searches and real estate websites. The Stipulation and Order imposes a civil penalty of $4,000 with $1,000 suspended.

 

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

 

C.   Discussion of Draft Advisory Opinion 23-01 Paid Time to Exercise

Executive Director Kate Reynolds reported on a draft advisory opinion regarding paid time to exercise. Kate Reynolds reported that the Department of Natural Resources (DNR) Woodland Fire Physical Fitness Training policy approved at the July meeting was a unique situation that stands on its own. The DNR policy allows up to five hours per week to engage in physical fitness readiness training for a small subset of employees whose positions are related to wildland fire suppression and in roles requiring successful complete of the Work Capacity Test as part of their job description.

 

Kate Reynolds reported that historically the Board has found this type of use to be an inappropriate use of state resources and the draft opinion clarifies that general policies and wellness policies cannot allow the use of paid time to exercise.

 

Chair Jutte noted two minor changes to the language of the opinion.

 

Motion 23-090 Moved by Vice Chair Hooke, seconded by Member Battan:

 

The Board approved Advisory Opinion 23-01 Paid Time to Exercise as amended.

 

The motion passed unanimously.

 

D.   Staff Reports

No staff reports were given.

E.    Public Comment/Board Member Comment

No public or Board Member comments were given.

F.    Closed Session

At 9:27 am the Board moved into Closed Session. 

At 10:20 am the Board returned to regular session and reported the following:

 

Motion 23-091 Moved by Chair Jutte, seconded by Vice Chair Hooke:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2022-023 Curt Wilson, imposing a civil penalty of $3,000.

 

The motion passed unanimously.

 

Motion 23-092 Moved by Member Battan, seconded by Vice Chair Hooke:

 

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

·         EEB Case 2022-0049 Elia Martinez, imposing a civil penalty of $1,500 with $750 suspended.

·         EEB Case 2022-050 Antoinette Perez, imposing a civil penalty of $1,500 with $750 suspended.

 

The motion passed unanimously.

 

Motion 23-093 Moved by Vice Chair Hooke, seconded by Chair Jutte:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2022-068 Valerie Acosta, imposing a civil penalty of $5,000 with $2,000 suspended.

 

The motion passed unanimously.

 

Motion 23-094 Moved by Chair Jutte, seconded by Member Battan:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2023-001 Xuetao Huang, imposing a civil penalty of $2,500 with $1,250 suspended.

 

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

Not Voting:  Member Able.

 

The motion passed.

 

Motion 23-095 Moved by Member Able, seconded by Member Battan:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2023-007 Lola Hultberg, imposing a civil penalty of $4,000 with $1,000 suspended.

 

The motion passed unanimously.

 

Motion 23-096 Moved by Member Battan, seconded by Chair Jutte:

 

The Board found Reasonable Cause over $500 in EEB Case 2022-066 Shawn Long.

 

The motion passed unanimously.

 

Motion 23-097 Moved by Vice Chair Hooke, seconded by Member Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-014 Jacqueline McHale.

 

The motion passed unanimously.

 

Motion 23-098 Moved by Chair Jutte, seconded by Member Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-021 Sheri Burden.

 

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

Not Voting: Member Abel.

 

The motion passed.

 

Motion 23-099 Moved by Chair Jutte, seconded by Member Able:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-022 Fred Metzger.

 

The motion passed unanimously.

 

Motion 23-100 Moved by Member Battan, seconded by Chair Jutte:

 

The Board determined that the complaint is unfounded and dismissed EEB Case 2023-024 Scott Langer.

 

The motion passed unanimously.

 

Motion 23-101 Moved by Member Able, seconded by Chair Jutte:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-028 Andrew Burson.

 

The motion passed unanimously.

 

Motion 23-102 Moved by Member Battan, seconded by Chair Jutte:

 

The Board determined that the complaint is unfounded and dismissed EEB Case 2023-033 Samantha Armstrong-Ash with a letter of caution.

 

The motion passed unanimously.

 

Motion 23-103 Moved by Vice Chair Hooke, seconded by Member Battan:

 

The Board found Reasonable Cause $500 or less in EEB Case 2023-034 Rachel George.

 

The motion passed unanimously.

 

Motion 23-104 Moved by Chair Jutte, seconded by Vice Chair Hooke:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-035 Bobbi Ahmann.

 

The motion passed unanimously.

 

Motion 23-105 Moved by Member Battan, seconded by Vice Chair Hooke:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-039 Jessica Payne.

 

The motion passed unanimously.

 

Motion 23-106 Moved by Chair Jutte, seconded by Member Battan:

 

The Board determined that the complaint is unfounded and dismissed EEB Case 2023-040 Angela Pettit.

 

The motion passed unanimously.

 

Motion 23-107 Moved by Chair Jutte, seconded by Member Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2023-043 Kimberly Black.

 

The motion passed unanimously.

 

G.   Miscellaneous Matters/Adjournment

The Board requested that the Executive Director work with Chair Jutte on amending AO 02-05 Use of State Facilities to Gamble, to include language that sports pools and “betting” are not compatible with public duties and a misuse of state resources regardless of whether or not consideration is paid.

The meeting was adjourned at 10:29 a.m.

 

Approved by the Board 11/17/2023