WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

1110 Capitol Way S– 4th Floor Video Conference Room – Olympia, WA

 

September 11, 2009

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 Neil Gorrell at 9:00 a.m.  In attendance were Vice Chair Linnaea Jablonski and Members Golberg and Connelly.  Board staff in attendance included:  Executive Director Melanie de Leon, Administrative Officer Ruthann Bryant and Investigators Nancy Lewin and Sue Jones. 

 

2.    Approval of Agenda

 

Motion 09-035 Moved by Member Connelly, seconded by Vice Chair Jablonski:

 

The Board approves the September 11, 2009 agenda as presented.

 

The motion passed unanimously.

 

3.    Approval of the July 10, 2009 Meeting Minutes

        

Motion 09-036 Moved by Member Golberg, seconded by Vice Chair Jablonski:

 

The Board approves the July 10, 2009 minutes as presented.

 

Voting for: Chair Gorrell, Vice Chair Jablonski and Member Golberg.

 

Abstaining:  Member Connelly.

 

B.   Enforcement Matters           

Approval of Stipulated Facts, Conclusion and Order

EEB Case No. 2008-027 (Cusack)

Sue Jones briefed the Board on the proposed stipulation and order. Ms. Cusack agreed that she violated RCW 42.52.080, when she accepted a job with a private contractor. She added that the stipulation proposes a penalty of $500.

 

         EEB Case No. 08-126 (Jackson)

Ms. Jones also briefed the Board on the proposed stipulation and order. Ms. Jackson agreed that she violated RCW 42.52.070 and .160, when she took leave without submitting leave slips. The stipulation proposes a penalty of $500 with $250 suspended.

The Board deferred action until after closed session.

 

C.   Policy Review

Melanie de Leon summarized a draft Ethics policy submitted by the Department of Licensing. She noted that the policy is within the intent and spirit of the law.

 

Motion 09-037 Moved by Member Connelly, seconded by Vice Chair Jablonski:

 

The Board approves the Department of Licensing Ethics policy as presented.

 

The motion passed unanimously.

 

D.   Discussion Items

1.    Ms. de Leon briefly summarized a draft interpretation regarding whether a conflict of interest exists when a state employee/officer is the direct supervisor over the person who selects and administers a contract in which the state employee/office has a financial interest.

The Board concurred that a state employee could have a beneficial interest in a contract with the state as long as that state employee did not participate in the selection of or supervise the contract itself (the transaction), but had someone else supervise the contract.  The Board also noted that a state employee with a beneficial interest in a contract with the state must disclose this interest in depth and erect screens that would remove them from any supervision of the transaction or any way to influence the transaction between the contractor and the state.

2.    Ms. de Leon discussed the question of what type of links may a state agency provide on its official website. The Board agreed that links to governmental entities and contractors with the agency were allowed, however, further research is necessary regarding outside entities and non-profits.  Melanie will discuss the issue with the Ethics Advisor Group and the matter will be addressed at the November 13th Board meeting.

3.    Ms. de Leon also discussed the question of whether or not there are ethical implications when a state employee or official “donates” a lunch or other type of meal with them or time with them to an outside organization to be auctioned off to raise money for that outside organization.

The Board concurred that the employee or official must pay for the lunch themselves, not with agency funds.  They added that job shadowing was permissible.

4.    Ms. de Leon reported on a question from Mike O’Connell of the Legislative Ethics Board regarding jurisdiction over the Legislative Youth Advisory Council.  She briefly provided background on the council noting that it is administered by the Office of the Superintendent of Public Instruction. 

The Board concurred that Legislative Youth Advisory Council is under their jurisdiction.

 

E.   Advisory Opinion Review

Nancy Lewin discussed Advisory Opinion 97-09, Receipt of Gratuity or reward – Beneficial Interest in a State Contract. Ms. Lewin recommended that the Board repeal the Opinion since it is a very narrow interpretation, contains incorrect cites and sections are covered under the Gift statute.  The Board concurred.

 

           

F.    Staff Reports

1.  Executive Director’s Report

Melanie de Leon presented three question and answer guidelines: Guidance regarding Use of State Resources, Guidance on Gifts and Guidance on textbooks, which provide quick reference for interested parties for review.  The Board appreciated the proactive approach and found the Q & A’s very beneficial.

 

She also briefly discussed the agency budget and noted that Board meetings are now being held every other month with the next one in November.

 

2.  AAG Report

No AAG reports were given.

 

3.  Other Staff Reports

No staff reports were given.

 

G.   Public Comment/Board Member Comment

Marie Steffen with the Department of Transportation asked the Board to confirm that the Microsoft Home Use Program was not affected by the new Guidance for Use of State Resources.  Ms. de Leon noted that the program is separate from the issues contained in the guidance.

Katy Gerard with the Department of Personnel commented that the guidance sheets will be very good resources.

The Board recognized Judy Golberg and thanked her for her service over the last five years. Both the Board and staff added that Ms. Golberg has been a great resource, a pleasure to work with and she will be missed.

 

H.   Closed Session

At 10:05 a.m. Chair Gorrell noted there were no executive session items and the Board moved into Closed Session to deliberate on quasi-judicial matters. 

      At 10:15 a.m. the Board returned to regular session and reported the following:

 

Motion 09-038 Moved by Member Connelly, seconded by Vice Chair Jablonski:

 

The Board approves the Stipulated Facts, Conclusions and Order in EBB Case #2008-027, Laura Cusack and reduces the penalty to $250.

 

The motion passed unanimously.

 

Motion 09-039 Moved by Member Connelly, seconded by Member Golberg:

 

The Board approves the Stipulated Facts, conclusions and Order in EEB Case #08-126, Melissa Jackson, as presented.

 

The motion passed unanimously.

 

Motion 09-040 Moved by Member Connelly, seconded by Member Golberg:

 

The Board issues an Order of Default in EEB Case #06-049, Michele Johnson Beckstrom.

 

The motion passed unanimously.

 

 

I.   Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 10:20 a.m.

 

Approved by the Board 11/13/09