WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW – 1st Floor Conference Room
148 – Olympia, WA
September 9, 2005
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 Paul Zellinsky at 9:00 a.m.
Also present were Vice Chair Trish Akana, and Members Marilee Scarbrough, Judy Golberg and Evelyn Yenson.
Board staff in attendance included:
Executive
Director Susan Harris, Senior Assistant Attorney General Linda Moran, Assistant Attorney General Mike Tribble, Administrative Officer Ruthann Bryant
and Investigator Sue Jones. Newly hired Investigator Nancy Lewin was also in
attendance.
2.
Approval of Agenda
Motion 06-003 Moved by Chair Zellinsky, seconded by Vice Chair Akana:
The Board approves the September 9, 2005
agenda as written.
The motion passed unanimously.
3.
Approval of July 8, 2005
Minutes
Motion
06-004 Moved
by Vice Chair Akana, seconded by Member Scarbrough:
The
Board approves the July 8, 2005 minutes as written.
The motion passed unanimously.
B.
Advisory Opinions
1.
Education and training
Ms. Harris introduced Bill Zachmann from Department of Personnel and
discussed a draft FAQ addressing the use of an agency’s computer and/or internet
access for training or education. Historically the opinion has been that the
training must be related to current job duties, however, new civil service
rules include career development plans. As a result the training may not
necessarily be directly related to current duties but would enhance their
future development and career opportunities beneficial to the agency.
The Board requested amending the opinion to include that the
training must conform with the training and development plan and be identified
and documented by the agency as such.
2.
Use of cell phones
Ms. Harris presented a draft opinion on the use of
state-owned cell phones to make personal local calls when no landline is
available. She noted that the draft opinion was presented to ethics advisors
for input and the response was favorable.
Vice Chair Akana requested that language be added under Analysis
to clarify that the Board has recognized that limited use of state resources
may be allowed “where no exception exists.”
Motion 06-005 Moved by Vice Chair Akana, seconded by Member Scarbrough:
The Board approves AO 05-01, Use of State
Resources/Cell Phones, as amended.
The motion passed unanimously.
3.
Motel travel rewards
Ms. Harris also discussed an inquiry regarding
motel travel rewards and whether state employees may earn the benefits while in
state travel status for use at a later time. She noted that Advisory Opinion
03-03, Use of frequent flyer miles by state officers and employees, addresses
similar benefits.
The Board requested a new FAQ which refers to AO 03-03 and
includes motel/hotel, rental cars and similar travel benefits.
C.
Rule Making-Public Hearing
1.
Amend WAC 292-100-007 Definitions
Ms. Harris presented proposed language amending WAC
292-100-007 to include the definition of “Lobbying.”
No public testimony was offered.
Motion 06-006 Moved by Member Golberg, seconded by Chair Zellinsky:
The Board adopts proposed language for
WAC 292-100-007 Definitions, as presented.
The motion passed unanimously.
2.
Amend WAC 292-130-030 Operations and
procedures
Ms. Harris also presented proposed language
amending WAC 292-130-030 to specify
dates and times of regular Board meetings.
No public testimony was offered.
Motion
06-007 Moved
by Member Scarbrough, seconded by Chair Zellinsky:
The
Board adopts proposed language for WAC 292-130-030 Operations and procedures,
as presented.
The motion passed unanimously.
D.
Policy Reviews
1.
Sentencing Guidelines Commission---Use of
Internet
Ms. Harris provided a policy submitted by the
Sentencing Guidelines Commission on internet use.
Motion 06-008 Moved by Member Scarbrough, seconded by Chair Zellinsky:
The Board approves the Sentencing
Guidelines Commission policy on Use of Internet as presented.
The motion passed unanimously.
2.
Sentencing Guidelines Commission---Use of
State Resources
Ms. Harris also presented the Sentencing Guidelines
Commission policy on the use of state resources.
Motion 06-009 Moved by Member Golberg, seconded by Member Scarbrough:
The Board approves the Sentencing
Guidelines Commission policy on Use of State Resources as presented.
The motion passed unanimously.
3.
Washington State Parks
and Recreation---Housing
Ms.
Harris introduced Melanie Watness and Steve Brand from Washington State Parks and Recreation. She also provided a
draft policy on housing. Ms. Watness and Mr. Brand discussed whether or not lawn mowing
around agency housing on park property may be done using state resources by
park staff.
The Board
determined that the policy should be amended to clarify that lawn mowing is
custodial and is permissible.
Motion 06-010 Moved by Member Scarbrough, seconded by Chair Zellinsky:
The Board approves Washington State Parks
and Recreation policy on Housing as amended.
The motion passed unanimously.
E.
Staff Reports
1.
Executive Director’s Report
Ms. Harris reported on amendments to Board policy
to clarify executive and closed session and discussed the different functions
for each session.
Motion 06-011 Moved by Member Golberg, seconded by Chair Zellinsky:
The Board approves Policy 1.8 Execution
Session and Policy 1.9 Closed Session.
The motion passed unanimously.
Ms. Harris also reported on training conducted by
staff for the Office of Financial Management, Walla Walla College and the Attorney General’s Conference.
She added that she is working with the Department of Personnel to offer Ethics
Training in their curriculum.
2.
Other Staff Reports
No other staff reports were given.
F.
Public Comment/Board Member Comments
Carol Wiley briefly addressed the Board regarding
complaints she filed against numerous people. The Board members thanked Ms. Wiley for her comments.
G.
Proposed Stipulation and Orders
1.
EEB Case No. 03-024 (Ince)
Ms. Harris briefed the Board on the proposed
stipulation and order. Ms. Ince agreed that she violated RCW 42.52.160
and RCW 42.52.190(2) when she used her state computer to respond and seek
participation of others regarding political issues, including lobbying the
legislature on union matters. The Board’s deliberation on the proposal was
deferred until closed session.
H.
Executive or Closed Session
At 10:45 a.m. the Board moved into Closed Session to deliberate and to receive
and evaluate complaints against state employees and officers. At 12:45 p.m. the Board came back into regular session
and announced it had accepted the stipulation in its entirety in the Ince
matter.
I.
Miscellaneous Matters/Adjournment
There being no
miscellaneous matters, the meeting was adjourned at 12:46 p.m.