WASHINGTON STATE
EXECUTIVE ETHICS BOARD
Via Zoom
September 10, 2021
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 Gerri Davis and
Members Jan Jutte and Earl Key. Board staff in attendance included: Executive Director Kate Reynolds, Assistant
Attorney General Chad Standifer, Assistant Attorney General Bruce Turcott,
Administrative Officer Ruthann Bryant and Investigators David Killeen and Bobby
Frye.
2. Approval of Agenda
Motion 21-065 Moved by Vice Chair Davis,
seconded by Member Key:
The Board approved the September
10, 2021 agenda as presented.
The motion passed unanimously.
3. Approval of the May 14, 2021 Meeting Minutes
Motion 21-066 Moved by Member Key,
seconded by Vice Chair Davis:
The Board approved the May 14, 2021 minutes as presented.
The motion passed
unanimously.
B. Public Records Act Training
Public
Records Counsel Jennifer Steele provided training to the Board and staff on the
Public Records Act.
C. Enforcement Matters
Stipulations
EEB Case 2019-009 (Mott)
Senior Investigator
David Killeen briefed the Board on a proposed Stipulation and Order in the
matter of Jennifer Mott, former IT Specialist 3 with Western Washington
University. Ms. Mott agreed that she may have violated the Ethics in Public
Service Act by using state resources for her private benefit and gain. Evidence
indicated that she downloaded and installed unauthorized software to her state
laptop, accessed approximately 83,000 Craigslist resources and browsed the
internet for non-work related purposes. The stipulation imposes a civil penalty
of $2,000.
EEB Case 2020-055 (Birch)
Mr. Killeen also
briefed the Board on a proposed Stipulation and Order in the matter of Susan
Birch, Director of the Health Care Authority. Ms. Birch agreed that she may
have violated the Ethics in Public Service Act by authorizing agency leadership
to encourage all employees to use 30 minutes of paid time per day for “wellness
time” while they are working at home during the COVID-19 pandemic. The stipulation
imposes a civil penalty of $5,000 with $2,500 suspended.
EEB Case 2020-059 (Bigelow)
Mr. Killeen briefed
the Board on a proposed Stipulation and Order in the matter of Sandra Bigelow, Contracts
Manager with the Department of Social and Health Services Behavioral Health
Administration. Ms. Bigelow agreed that she may have violated the Ethics in
Public Service Act by using her state resources for her private benefit and
gain. Evidence indicated that she synched one or more of her personal devices
and her personal Google account to her work computer and browsed the internet
for private benefit to include bill pay, shopping, Facebook and personal email.
The stipulation imposes a civil penalty of $2,500.
EEB Case 2020-065 (Fithen)
Mr. Killeen also
briefed the Board on a proposed Stipulation and Order in the matter of Dorina
Fithen, Juvenile Rehabilitation Community Counselor with the Department of
Children, Youth, and Family. Ms. Fithen agreed that she may have violated the
Ethics in Public Service Act by using state computer resources for her personal
benefit and gain. Evidence indicated that Ms. Fithen was using state computer
resources and time to conduct university coursework. The stipulation imposes a
civil penalty of $2,000 with $1,000 suspended.
EEB Case 2020-066 (Hart)
Mr. Killeen briefed
the Board on a proposed Stipulation and Order in the matter of Lauresa
Hart, Program Administrator with the Department of Children, Youth, and Family.
Ms. Hart agreed that she may have violated the Ethics in Public Service Act by
using state computer resources for her personal benefit or gain in support of
her private outside business. Evidence indicated that Ms. Hart was using her
state Outlook email account to promote/support the outside private sale of
makeup and coffee products. The stipulation imposes a civil penalty of $3,000
with $1,500 suspended.
EEB Case 2020-070 (Doyle)
Mr. Killeen also
briefed the Board on a proposed Stipulation and Order in the matter of Tammis Doyle, tenured Faculty Member
in the Drama Department at Bellevue College. Ms. Doyle agreed that she may have
violated the Ethics in Public Service Act by engaging in the improper hiring
and oversight of family members. The stipulation imposes a civil penalty of $500
with $250 suspended.
Executive
Director Dismissals
Kate Reynolds summarized seven Executive Director Dismissals in
the matters of EEB Case 2021-014 (Grant Samsill), EEB Case 2021-016 (Keith
Johnson), EEB Case 2021-017 (Joshua Fields), EEB Case 2021-018 (Richard
Beausoleil), EEB Case 2021-019 (Lindsay Welfelt), EEB Case 2021-021 (David
Cornwell) and EEB Case 2021-036 (Christy Siuda).
The Board deferred action on the enforcement matters until after
their closed session.
D. Rule-Making
Kate
Reynolds briefly discussed proposed draft changes to WAC 292-100 Procedural
Rules and noted that suggested amendments were incorporated.
Motion 21-067 Moved by Chair Battan,
seconded by Vice Chair Davis:
The Board approved the proposed
amendments and filing of the CR-102 with the Code Reviser.
The motion passed unanimously.
E. Policy Reviews
Ruthann
Bryant presented the Department of Children, Youth & Families Ethics and
Employee Conduct Policy, noting that this is a new policy. Ms. Bryant reported
that the policy includes links to laws and rules along with other associated
resources. She recommended approval.
Motion 21-068 Moved by Chair Battan, seconded by Vice Chair Davis:
The Board approved the
Department of Children, Youth & Families’ Ethics and Employees Conduct
policy as presented.
The motion passed unanimously.
Ruthann
Bryant also presented the Department of Social and Health Services’ Employee Participation in Political
Activities Policy. She noted that this policy was previously approved in 2013
and only clarifying changes have been made to the policy. She recommended
approval.
Motion 21-069 Moved by Member Jutte, seconded by Vice Chair Davis:
The Board approved the
Department of Social and Health Services’ Employee Participation in Political
Activities policy as presented.
The motion passed unanimously.
Ruthann
Bryant presented the Department of Transportation’s Employee Wellness Policy. Ms.
Bryant reported that the policy provides specific guidance on wellness activities
and explains de minimis use and what is permitted under the law. She
recommended approval.
Motion 21-070 Moved by Vice Chair Davis, seconded by Member Jutte:
The Board approved the
Department of Transportation’s Employee Wellness policy as presented.
Voting For: Chair Battan,
Vice Chair Davis and Member Jutte.
Not Voting: Member Key.
The motion passed.
Ms. Bryant
also presented the Office of Superintendent of Public Instruction’s Ethics
Policy, noting that it was previously approved by the Board in November of 2020. Ms. Bryant reported that the only change
since approval last year is that the training requirement went from only being
required once, to being required every three years. She recommended approval.
Motion 21-071 Moved by Chair Battan, seconded by Vice Chair Davis:
The Board approved the Office
of Superintendent of Public Instruction’s Ethics policy as presented.
The motion passed unanimously.
F. Advisory Opinion Review
Kate Reynolds reported on the continued Advisory Opinion (AO)
review project and presented a group of AOs related to Gifts.
Ms. Reynolds also noted that she worked with Chair Battan to
clarify language within AO 98-05 Transactions Involving the State.
Motion 21-072 Moved by Member Jutte,
seconded by Vice Chair Davis:
The Board approves Advisory
Opinion 98-05 Transactions involving the state.
The motion passed unanimously.
Motion 21-073 Moved by Member Jutte,
seconded by Member Key:
The Board approved updates
to the following Advisory Opinions:
·
Advisory Opinion 96-01: Payments
for Educational Programs
· Advisory
Opinion 96-02: Unsolicited Refreshments
· Advisory
Opinion 96-05:
Limitations on Gifts to Employees of Regulatory Agencies
·
Advisory Opinion 96-06: Hosted
Reception-Acceptance of Food and Beverages
·
Advisory Opinion 96-12: Accepting
Food and Beverages at a Community or Civic Event
·
Advisory Opinion 97-02: Accepting
Food and Beverages at Government-Sponsored Events
·
Advisory Opinion 98-01:
Acceptance of Meals by a Regulatory
Employee
·
Advisory Opinion 98-03:
Community Colleges/Acceptance of Gifts
·
Advisory Opinion 98-06: Acceptance
of Meals by a Regulatory Employee
·
Advisory Opinion 98-10: Door Prizes
· Advisory
Opinion 99-05: Cash Awards
·
Advisory Opinion 00-05: Cash
Awards from Non-profit
·
Advisory Opinion 00-06: Cash
Awards for Scientific Achievement
·
Advisory Opinion 01-05:
Receipt of Gifts by State Officers,
Repayment at Face Value of Gifts from Agency Vendors
·
Advisory Opinion 01-07A:
Gift Restrictions on Donations Made by Non-State Entities
The motion passed unanimously.
G. Board Member Policy
The
Board reviewed their “Members’ Conduct Policies and Procedures” and discussed
some updates. Further discussion will
occur at the next meeting.
H. Staff Reports
Executive
Director Kate Reynolds noted that the Board continues to have an open seat and
added that we are working with the Governor’s office to fill that vacancy.
No
other staff reports were given.
I. Public Comment/Board Member
Comment
No
public or Board member comments were given.
J. Closed Session
At 10:21
a.m. the Board moved into Closed Session.
Member
Key left the meeting during Closed Session and did not vote on items following
the return to regular session.
At 11:45 a.m. the Board returned to regular session and reported
the following:
Motion 21-074 Moved by Vice Chair Davis,
seconded by Member Jutte:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,000 in EEB Case 2019-009 Jennifer Mott.
The motion passed unanimously.
Motion 21-075 Moved by Member Jutte,
seconded by Chair Battan:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $5,000 with $2,500 suspended in EEB Case 2020-055 Susan Birch.
The motion passed unanimously.
Motion 21-076 Moved by Member Jutte,
seconded by Vice Chair Davis:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,500 in EEB Case 2020-059 Sandra Bigelow.
The motion passed unanimously.
Motion 21-077 Moved by Vice Chair Davis,
seconded by Member Jutte:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $2,000 with $1,000 suspended in EEB Case 2020-065 Dorina Fithen.
The motion passed unanimously.
Motion 21-078 Moved by Chair Battan,
seconded by Vice Chair Davis:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $3,000 with $1,500 suspended in EEB Case 2020-066 Lauresa Hart.
The motion passed unanimously.
Motion 21-079 Moved by Chair Battan,
seconded by Member Jutte:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty
of $500 with $250 suspended in EEB Case 2020-070 Tammis Doyle.
The motion passed unanimously.
Motion 21-080 Moved by Member Jutte,
seconded by Vice Chair Davis:
The Board determined that any
violation that may have occurred does not constitute a material violation
because it was inadvertent and minor, or has been cured, and, after
consideration of all of the circumstances, further proceedings would not serve
the purposes of this chapter and dismisses EEB Case 2021-001 Jada Jeter-Hill.
The motion passed unanimously.
Motion 21-081 Moved by Vice Chair Davis,
seconded by Chair Battan:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-004 Mark Miller.
The motion passed unanimously.
Motion 21-082 Moved by Vice Chair Davis,
seconded by Chair Battan:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-005 Jon Farnsworth.
The motion passed unanimously.
Motion 21-083 Moved by Chair Battan,
seconded by Member Jutte:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-006 Glen Castor.
The motion passed unanimously.
Motion 21-084 Moved by Vice Chair Davis,
seconded by Chair Battan:
The Board found Reasonable
Cause less than $500 in EEB Case 2021-008 Kenneth Davis.
The motion passed unanimously.
Motion 21-085 Moved by Chair Battan, seconded
by Vice Chair Davis:
The Board found Reasonable Cause
over $500 in EEB Case 2021-009 Chelsea Arthur.
The motion passed unanimously.
Motion 21-086 Moved by Chair Battan,
seconded by Member Jutte:
The Board found Reasonable
Cause over $500 in EEB Case 2021-010 Chad Robertson.
The motion passed unanimously.
Motion 21-087 Moved by Chair Battan,
seconded by Vice Chair Davis:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-011 Douglass Jackson.
The motion passed unanimously.
Motion 21-088 Moved by Chair Battan,
seconded by Member Jutte:
The Board found Reasonable
Cause over $500 in EEB Case 2021-012 Donald Britain.
The motion passed unanimously.
Motion 21-089 Moved by Member Jutte,
seconded by Chair Battan:
The Board found Reasonable Cause
over $500 in EEB Case 2021-013 David Emmons.
The motion passed unanimously.
Motion 21-090 Moved by Vice Chair Davis,
seconded by Member Jutte:
The Board found Reasonable
Cause over $500 in EEB Case 2021-015 Wayne Au.
The motion passed unanimously.
Motion 21-091 Moved by Chair Battan,
seconded by Vice Chair Davis:
The Board determined that the
complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-020 Patricia Paterson.
The motion passed unanimously.
Motion 21-092 Moved by Vice Chair Davis,
seconded by Member Jutte:
The Board found Reasonable
Cause over $500 in EEB Case 2021-024 Irina Stoyan.
The motion passed unanimously.
K. Miscellaneous Matters/Adjournment
There
were no miscellaneous matters and the meeting was adjourned at 11:26 a.m.
Approved by the Board 11/12/2021