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