DRAFT

WASHINGTON STATE

EXECUTIVE ETHICS BOARD

Via Zoom

September 9, 2022

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 Battan at 9:02 a.m.In attendance were Vice Chair Jan Jutte and Members Earl Key and Kelli Hooke. Member Davis was absent. Board staff in attendance included:Executive Director Kate Reynolds, Assistant Attorney General Leo Roinila, Assistant Attorney General Julia Eisentrout, Administrative Officer Ruthann Bryant and Investigators Bobby Frye and Justin Cotte.

 

Chair Battan introduced and welcomed new member Kelli Hooke to fill the citizen-at-large position. Member Hooke provided a brief background and added that she is excited about the work of the Board.

 

2.    Approval of Agenda

Chair Battan added an item to the agenda to include a housekeeping matter to discuss the future of remote meetings.

 

Motion 22-068 Moved by Vice Chair Jutte, seconded by Member Key:

 

The Board approved the September 9, 2022 agenda as presented.

 

The motion passed unanimously.

 

3.    Approval of the May 13, 2022 Meeting Minutes

Vice Chair Jutte noted that the motion to approve the minutes from the July meeting was made by her but she was not present at the meeting.

 

Motion 22-069 Moved by Vice Chair Jutte, seconded by Member Key:

 

The Board approved the July 8, 2022 minutes as amended.

 

Voting for: Chair Battan, Vice Chair Jutte and Member Key.

Not voting: Member Hooke.

 

The motion passed.

 

B.   Enforcement Matters

Motion to Dismiss

EEB Case 2021-050 Linda Bang

Administrative Law Judge Martin presided over oral argument on a Motion to Dismiss regarding EEB Case 2021-050 Linda Bang.

A written order will be issued in the matter.

Stipulations

EEB Case 2021-056 (Harvey)

Investigator Bobby Frye briefed the Board on a proposed Stipulation and Order in the matter of James Harvey, a former Social and Health Program Consultant 4 at the Department of Social and Health Services. Mr. Harvey agreed that he may have violated the Ethics in Public Service Act by using state resources for personal benefit and gain. Evidence indicated that Mr. Harvey used his state email for personal use and state time to apply for hundreds of jobs, both within and outside of the state, and included an attachment to an application that included confidential information. The stipulation imposes a civil penalty of $3,250.

 

EEB Case 2022-004 (Bacharach)

Investigator Justin Cotte briefed the Board on a proposed Stipulation and Order in the matter of Leigh Bacharach, Data Support Unit Manager with the Department of Health. Ms. Bacharach agreed that she may have violated the Ethics in Public Service Act by requiring all staff to participate in team meetings where they played office Olympics and won monetary gifts. The stipulation imposes a civil penalty of $250.

 

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

C.   Policy Reviews

Administrative Officer Ruthann Bryant presented Community Colleges of Spokaneís General Ethics for employees and Officers policy. She noted that this policy was presented at the Boardís May meeting and the Board requested that the organizational effectiveness section be expanded. Staff recommended approval.

 

Motion 22-070 Moved by Vice Chair Jutte, seconded by Member Hooke:

 

The Board approved Community Colleges of Spokaneís General Ethics policy, as presented.

 

The motion passed unanimously.

 

Ms. Bryant also reported on the Department of Agricultureís Outside Employment policy. She noted the policy outlines steps necessary for an employee when involved in outside employment and includes procedures employees must follow. Staff recommended approval.

 

Motion 22-071 Moved by Chair Battan, seconded by Vice Chair Jutte:

 

The Board approved the Department of Agricultureís Outside Employment policy, as presented.

 

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

Not Voting: Member Key.

 

The motion passed.

 

Ms. Bryant presented the Department of Healthís Ethics policy. She noted that this policy was previously approved in 2016 and the only update was to enhance the Organizational Effectiveness policy. Staff recommended approval.

 

Motion 22-072 Moved by Chair Battan, seconded by Member Key:

 

The Board approved the Department of Healthís Ethics policy, as presented.

 

The motion passed unanimously.

 

Ms. Bryant also presented the Military Departmentís Ethics policy. She noted that this policy was previously approved in 2013 and recommended approval.

 

Motion 22-073 Moved by Chair Battan, seconded by Member Key:

 

The Board approved the Military Departmentís Ethics policy, as presented.

 

The motion passed unanimously.

 

Ms. Bryant also presented the Military Departmentís Social Media policy. She noted that this policy was previously approved in 2011 and one of the purposes of the revision was to update to reflect more social media outlets. Staff recommended approval.

 

Motion 22-074 Moved by Chair Battan, seconded by Member Key:

 

The Board approved the Military Departmentís Social Media policy, as presented.

 

The motion passed unanimously.

 

Ms. Bryant presented the Military Departmentís Use of State Resources policy. She noted that this policy was previously approved in 2013 and was updated to reflect changes to the rule that took place in 2016. Staff recommended approval.

 

Motion 22-075 Moved by Chair Battan, seconded by Member Key:

 

The Board approved the Military Departmentís Use of State Resources policy, as presented.

 

The motion passed unanimously.

 

Ms. Bryant also presented the Pollution Liability Insurance Agencyís Ethical Conduct policy. She noted that this policy includes definitions, how to report a violation and briefly outlines several sections of the Act. Staff recommended approval.

 

Motion 22-076 Moved by Chair Battan, seconded by Member Key:

 

The Board approved the Pollution Liability Insurance Agencyís Ethical Conduct policy, as presented.

 

The motion passed unanimously.

 

D.   Staff Reports

Executive Director Kate Reynolds reported on the Governorís plan to lift the emergency orders currently in place due to COVID-19.She noted that she will be working with AAG Roinila on the impact to how our public meetings will be held in the future.

E.   Public Comment/Board Member Comment

No public or Board member comments were given.

F.    Closed Session

At 9:56 a.m. the Board moved into Closed Session.

At 10:43 a.m. the Board returned to regular session and reported the following:

 

Motion 22-077 Moved by Vice Chair Jutte, seconded by Member Hooke:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $3,250 in EEB Case 2021-056 James Harvey.

 

The motion passed unanimously.

 

Motion 22-078 Moved by Chair Battan, seconded by Member Key:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $250 in EEB Case 2022-004 Leigh Bacharach.

 

The motion passed unanimously.

 

Motion 22-079 Moved by Vice Chair Jutte, seconded by Chair Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2022-013 Samantha Ice.

 

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

Not Voting: Member Key.

 

The motion passed.

 

Motion 22-080 Moved by Member Hooke, seconded by Chair Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2022-015 Jasmine Hansel.

 

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

Not Voting: Member Key.

 

The motion passed.

 

Motion 22-081 Moved by Chair Battan, seconded by Vice Chair Jutte:

 

The Board found Reasonable Cause over $500 in EEB Case 2022-016 Steven Eneix.

 

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

Not Voting: Member Key.

 

The motion passed.

 

Motion 22-082 Moved by Vice Chair Jutte, seconded by Chair Battan:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2022-017 Rishel Kidd.

 

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

Not Voting: Member Key.

 

The motion passed.

 

Motion 22-083 Moved by Chair Battan, seconded by Vice Chair Jutte:

 

The Board issued an Order of Default in EEB Case 2022-001 Nathan Ank.

 

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

Not Voting: Member Key.

 

The motion passed.

 

G.   Miscellaneous Matters/Adjournment

There were no miscellaneous matters and the meeting was adjourned at 10:50 a.m.

 

Approved by the Board 1/13/2023