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