WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 4th
Floor Conference Room – Olympia, WA
September 9, 2016
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 Anna Dudek Ross at 9:00 a.m. In attendance were Vice Chair Samantha
Simmons and Member John Ladenburg. Members Lisa Marsh and Sumeer
Singla were absent. Board staff in attendance
included: Executive Director Kate
Reynolds, 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
Ruthann Bryant noted an additional Stipulation under Enforcement Matters.
Motion 16-049
Moved by Vice Chair Simmons, seconded by Member Ladenburg:
The Board approves the September
9, 2016 agenda as presented.
The motion passed unanimously.
3. Approval of the July 8, 2016 Meeting Minutes
Motion 16-050 Moved by Member Ladenburg,
seconded by Vice Chair Simmons:
The Board approves the July 8, 2016 minutes as presented.
The motion passed
unanimously.
B. Rule Making
Kate Reynolds briefly discussed proposed revisions to WAC 292-100 Procedural
Rules and noted that a draft was sent out to all stakeholders and no comments
were received. She requested Board
approval to file the CR-102 with the Code Reviser.
Motion 16-051 Moved by Member Ladenburg,
seconded by Vice Chair Simmons:
The Board approves filing
the CR 102 on WAC 292-100 Procedural Rules.
The motion passed unanimously.
C. Enforcement Matters
Stipulations
EEB
Case No. 2014-083 (Simpson)
David
Killeen briefed the Board on a proposed stipulation and order in the matter of Jo
Simpson. Ms. Simpson agreed that she may have violated the Ethics in Public
Service Act by using state resources for her personal benefit and gain in
regards to her involvement in 4H of Snohomish County. Evidence also found that she entered into a
personal contract with a film company for the production of a motion picture
based upon the Canine Connection program at Echo Glen in which she would be
paid directly by the film company. The Stipulation imposes a penalty of $8,000
with $4,000 suspended.
EEB
Case No. 2015-073 (Hawk)
David
Killeen also briefed the Board on a proposed stipulation and order in the
matter of Denise Hawk. Ms. Hawk agreed that she may have violated RCW 42.52.160
by using a state vehicle for personal use, had subordinates drive her to
personal appointments, errands and on shopping trips. She also had subordinates do work for her at
her residence, dog sit while on vacation and purchase items from her such as
jewelry and vitamins. The Stipulation imposes a penalty of $4,000.
EEB
Case No. 2016-041 (Madill)
David
Killeen briefed the Board on a proposed stipulation and order in the matter of
Chris Madill. Mr. Madill agreed that he may have violated RCW 42.52.160 when he
used state resources for his personal benefit and gain and by using resources
for his continuing education and outside business interests. The Stipulation
imposes a penalty of $2,500 with $1,000 suspended.
Executive Director
Dismissals
EEB Case No. 2014-090
(Rock), EEB Case No. 2014-091 (Prodhora), EEB Case
No. 2015-004 (March), EEB Case No. 2015-005 (King), EEB Case No. 2015-006
(Green), EEB Case No. 2015-007 (Odimba), EEB Case No.
2015-008 (Johnson), EEB Case No. 2015-015 (Haigh), EEB Case No. 2015-016
(Swanigan), EEB Case No. 2015-019 (Bryan), EEB Case No. 2015-026 (Oglesbee), EEB Case No. 2015-027 (Townsend), EEB Case No.
2015-034 (Stout) EEB Case No. 2016-007 (Ferguson-Wolf), EEB Case No. 2016-008
(Turner), EEB Case No. 2016-038 (Fontaine) and EEB Case No. 2016-039 (Mallicoat)
Kate Reynolds summarized 17 Executive Director Dismissals.
The Board deferred action on the enforcement matters until after
their closed session.
D. Policy Reviews
Kate Reynolds reported on an Ethical Conduct policy from Clover
Park Technical College. The policy was updated as a result of recent changes to
WAC 292-110-010 Use of state resources, and incorporates new language regarding
de minimis use. The policy also outlines when state resources can be used for
organizational effectiveness.
Chair Dudek-Ross requested an amendment to the procedures section
of the policy.
Ms. Reynolds also reported on an Ethics policy from the Department
of Health (DOH). She noted that DOH combined four separate policies into one
Ethics policy and incorporated changes resulting from recent rule amendments.
DOH also requests approval of a new Outside Activity policy. Lynda Karseboom of
DOH was present and commented that the outside activities policy goes beyond
just ethics issues since it is an area that they encounter on a regular basis.
Chair Dudek-Ross requested clarification regarding political
activity and the addition of a door prize section.
Ms. Reynolds reported on an Ethics in Public Service policy
submitted by the Department of Transportation. The policy includes
incorporating changes to the definition of de minimis and clarifies activities
that are defined as promoting organizational effectiveness.
Ms. Reynolds presented an Ethical Conduct and Outside Employment
policy approval request from the Liquor and Cannabis Board which also
incorporates changes resulting from the rule change and outlines actions
permitted on a limited basis.
Kate Reynolds also presented a Use of State Resources policy from
the Office of Administrative Hearings.
The Board requested an amendment to language regarding the
collective bargaining agreement and the Ethics in Public Service Act.
Ms. Reynolds reported on a Political Activity policy submitted by
the Pollution Liability Insurance Agency.
The policy is consistent with the Ethics Act in regards to use of state
resources for campaigns or initiative and also covers issues not in the Act
such as campaign buttons and lobbying.
Motion 16-052 Moved by Member Ladenburg,
seconded by Vice Chair Simmons:
The Board approves the following
policies as presented:
·
Ethics in Public Service –
Department of Transportation
·
Ethical Conduct and
Outside Employment – Liquor and Cannabis Board
·
Political Activity –
Pollution Liability Insurance Agency
The motion passed unanimously.
E. Advisory Opinion Review
Kate
Reynolds continued with an Advisory Opinion (AO) review project and presented changes
made to AO 00-14 Serving on the Board of a Non-State Entity that is Seeking
Funds from the State Employee’s Parent Agency and Advisory Opinion 01-02
Membership in Non-State Organizations that are Affected
by State Agency Decisions as a follow up from the July meeting.
Motion 16-053 Moved by Member Ladenburg,
seconded by Vice Chair Simmons:
The Board approves
Advisory Opinion 00-14 Serving on the Board of a Non-State Entity that is
Seeking Funds from the State Employee’s Parent Agency and Advisory Opinion
01-02 Membership in Non-State Organizations that are Affected
by State Agency Decisions as amended.
The motion passed unanimously.
Ms.
Reynolds also briefly summarized a minor change within a question in Advisory
Opinion 02-02A regarding Electric Vehicles. The correction incorporated the
section of law relating to Electric Vehicles, RCW 43.01.250
Motion 16-054 Moved by Member Ladenburg,
seconded by Vice Chair Simmons:
The Board approves the
amendment to Advisory Opinion 02-02A Use of State Resources Questions and
Answers.
The motion passed unanimously.
The
Board also reviewed a group of AO’s regarding Compensation for Official Duties
and Outside Activities.
Motion 16-055 Moved by Member Ladenburg,
seconded by Vice Chair Simmons:
The Board approves updates
to the following Advisory Opinions:
·
97-05 Employee’s
Beneficial Interest in a Spouse’s Contract with their Employing Agency
·
97-14 Outside Employment
·
98-03 Community
Colleges/Acceptance of Gifts
·
99-03 Outside
compensation/Collegiate Athletic Coaches
·
00-02 Working on Programs
Funded by a Grant the Employee Administers
·
11-01 Expert
Witness/Expert Testimony
And Archives 96-07
Accepting Employment as an Expert Witness and 99-06 Providing
Expert Advice since they were combined into AO 11-01.
The motion passed unanimously.
F. Staff Reports
Kate
Reynolds noted that a 45-day Citizen Action letter was received in which all
Office of the Attorney General staff is screened from. The matter has been taken over by Member John
Ladenburg. Member Ladenburg will provide a report to the Board upon completion
of his investigation.
Assistant
Attorney General Chad Standifer provided a brief update on a matter currently
scheduled for hearing in October.
G. Public Comment/Board Member Comment
Washington
State Department of Transportation Ethics Advisor Jeri Sivertson thanked staff
or their assistance and guidance.
H. 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 10:44 a.m. the Board returned to regular session and reported
the following:
Motion 16-056 Moved by Member Ladenburg,
seconded by Vice Chair Simmons:
The Board approves the
Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case No. 2014-083
Jo Simpson, EEB Case 2015-073 Denise Hawk and EEB Case No. 2016-041 Chris
Madill as presented.
The motion passed unanimously.
Motion 16-057 Moved by Chair Dudek Ross,
seconded by Vice Chair Simmons:
The Board dismisses EEB
Case 2015-002, Sarah Lanslett.
The motion passed unanimously.
Motion 16-058 Moved by Chair Dudek
Ross, seconded by Vice Chair Simmons:
The Board finds Reasonable
Cause in the following cases:
·
EEB Case No. 2015-024
Grant Pfeifer
·
EEB Case No. 2015-033
Carolyn Hundley
·
EEB Case No. 2015-040
David Douglas
The motion passed unanimously.
Motion 16-058 Moved by Chair Dudek
Ross, seconded by Vice Chair Simmons:
The Board finds Reasonable
Cause in EEB Case 2015-060, Larry Mosqueda.
Voting for: Chair Dudek
Ross and Vice Chair Simmons
Voting Against: Member
Ladenburg
The motion passed.
Motion 16-059 Moved by Vice Chair
Simmons, seconded by Member Ladenburg:
The Board approves Motions
for Default in EEB Case No. 2014-064 Sarah Barron and EEB Case No. 2014-095
Cheri Carter.
The motion passed unanimously.
I. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 10:46 a.m.
Approved by the Board 11/18/16