WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

Via GoToMeeting

September 11, 2020

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 9:00 a.m.  In attendance were Members Lisa Marsh, Anna Dudek Ross and Jan Jutte. Vice Chair Gerri Davis was absent. Board staff in attendance included:  Executive Director Kate Reynolds, Assistant Attorney General Michelle Carr, Assistant Attorney General Chad Standifer, Investigators David Killeen and Bobby Frye and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Motion 20-036 Moved by Member Marsh, seconded by Member Jutte:

 

The Board approved the September 11, 2020 agenda as presented.

 

The motion passed unanimously.

 

3.     Approval of the September 11, 2020 Meeting Minutes

Motion 20-037 Moved by Member Jutte, seconded by Member Marsh:

 

The Board approved the January 10, 2020 minutes as amended.

 

The motion passed unanimously.

  

B.    Enforcement Matters

Stipulations

EEB Case 2019-024 (Jackson)

Senior Investigator David Killeen briefed the Board on a proposed stipulation and order in the matter of Glenn Jackson, Director of High School Initiatives at Bellevue College. Mr. Jackson agree that he may have violated the Ethics in Public Service Act by using state resources to teach extra classes during the same time he was being paid to perform his administrative duties. Evidence also indicated that he used his state computer for course work in support of his personal education. The Stipulation imposes a civil penalty of $1,750 with $500 suspended.

 

EEB Case 2019-041 (Atkinson)

Investigator Bobby Frye briefed the Board on a proposed stipulation and order in the matter of David Atkinson, a former Safety and Health Specialist 3 with the Department of Labor and Industries. Mr. Atkinson agreed that he may have violated the Ethics in Public Service Act by using state resources for private benefit and gain and participated in activities incompatible with public duties. The Stipulation imposes a civil penalty of $3,500.

 

EEB Case 2019-046 (Palmer)

Mr. Killeen also briefed the Board on a proposed stipulation and order in the matter of Danielle Palmer, a former Secretary Supervisor with Central Washington University. Ms. Palmer agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit or gain. Evidence indicated that she had been using his state computer to access various websites for online banking, bill paying and shopping for personal benefit. The Stipulation imposes a civil penalty of $2,750.

 

EEB Case 2020-016 (Fisher)

Mr. Killeen briefed the Board on a proposed stipulation and order in the matter of Fredricka Fisher, a Supervisor at University of Washington Medicine Contact Center. Ms. Fisher agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit and gain by receiving pay for time not worked. Evidence indicated that she had made 114 entries to her time card that were not supported by badge or computer login data. The Stipulation imposes a civil penalty of $2,000 with $1,000 suspended.

 

EEB Case 2020-017 (Young)

Mr. Killeen also briefed the Board on a proposed stipulation and order in the matter of Falana Young, a Supervisor at University of Washington Medicine Contact Center. Ms. Young agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit and gain by receiving pay for time not worked. Evidence indicated that she was paid for at least 78.5 hours of work she not perform. The Stipulation imposes a civil penalty of $2,000 with $1,000 suspended.

 

EEB Case 2020-022 (Kenedy)

Mr. Frye briefed the Board on a proposed stipulation and order in the matter of Roseanne Kenedy, a former Administrative Manager with the Washington State University School of Music. Ms. Kenedy agreed that she may have violated the Ethics in Public Service Act by using state resources for private benefit or gain. Evidence indicated that she took approximately 192 hours off without submitting leave and allowed a subordinate to do the same. The Stipulation imposes a levied a civil penalty of $3,250.

 

EEB Case 2020-023 (Kegerreis)

Mr. Frye also briefed the Board on a proposed stipulation and order in the matter of Kelly Jo Kegerreis, a former Secretary Senior with the Washington State University School of Music. Ms. Kegerreis 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 took time off without submitting leave. The Stipulation imposes a civil penalty of $2,500.

Penalty Oral Argument Hearing

EEB Case 2018-023 Gloria Ponce

Administrative Law Judge Jason Kinn presided over oral arguments regarding a Penalty Oral Argument Hearing in EEB Case 2018-023 Gloria Ponce.

A written order will be issued in the above matter.

Executive Director Dismissals

Kate Reynolds summarized two Executive Director Dismissals: EEB Case 2019-038 Wilbur Reed and EEB Case 2020-031 Susan Seip.

 

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

 

D.    Policy Reviews

Ruthann Bryant presented Lower Columbia College’s Employee Acceptable Use: Information Systems and Services policy and Lower Columbia College’s Code of Conduct policy. She noted that the policies had been reviewed at the July meeting and the suggested changes were made. Ms. Bryant recommended approval.

 

Motion 20-038 Moved by Member Jutte, seconded by Chair Battan:

 

The Board approved Lower Columbia College’s Employee Acceptable Use: Information Systems and Services policy and Code of Conduct policy as presented.

 

The motion passed unanimously.

 

Ms. Bryant also presented the Office of Administrative Hearings Use of State Resources policy. She noted that the policy was discussed at the July meeting and the suggested changes were made. She recommended approval.

 

Motion 20-039 Moved by Chair Battan, seconded by Member Marsh:

 

The Board approved the Office of Administrative Hearings Use of State Resources policy as presented.

 

The motion passed unanimously.

 

F.    Staff Reports

Executive Director Kate Reynolds reported that due to the pandemic staff continues to telework. She noted that Member Marsh’s exempt position expires at the end of September and added that there has been some interest from people who may be applying to serve on the Board.

Assistant Attorney General Chad Standifer reported that currently there are three cases in Superior Court. He will keep the Board updated on those hearings.

No other staff reports were given.

G.    Public Comment/Board Member Comment

No public or Board Member comments were given.

H.    Closed Session

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

At 10:42 a.m. the Board returned to regular session and reported the following:

 

Motion 20-040 Moved by Chair Battan, seconded by Member Jutte:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2019-024 Glenn Jackson.

 

The motion passed unanimously.

 

Motion 20-041 Moved by Member Dudek Ross, seconded by Member Jutte:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2019-024 David Atkinson.

 

The motion passed unanimously.

 

Motion 20-042 Moved by Member Dudek Ross, seconded by Member Jutte:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2019-046 Danielle Palmer.

 

The motion passed unanimously.

 

Motion 20-043 Moved by Member Marsh, seconded by Member Jutte:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2020-016 Fredricka Fisher.

 

The motion passed unanimously.

 

Motion 20-044 Moved by Member Marsh, seconded by Member Jutte:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2020-017 Falana Young.

 

The motion passed unanimously.

 

Motion 20-045 Moved by Member Dudek Ross, seconded by Chair Battan:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2020-022 Rosanne Kenedy.

 

The motion passed unanimously.

 

Motion 20-046 Moved by Member Dudek Ross, seconded by Chair Battan:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Orders in EEB Case 2020-023 Kelly Jo Kegerreis.

 

The motion passed unanimously.

 

Motion 20-047 Moved by Member Marsh, seconded by Chair Battan:

 

The Board found No Reasonable Cause in EEB Case 2020-008 Sean Murphy.

 

The motion passed unanimously.

 

Motion 20-048 Moved by Member Marsh, seconded by Member Jutte:

 

The Board found Reasonable Cause over $500 in EEB Case 2020-019 Kamran Nemati.

 

The motion passed unanimously.

 

Motion 20-049 Moved by Member Marsh, seconded by Chair Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2020-025 Andrew Braddock.

 

The motion passed unanimously.

 

Motion 20-050 Moved by Chair Battan, seconded by Member Jutte:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2020-027 Angelina Whitworth.

 

The motion passed unanimously.

 

Motion 20-051 Moved by Member Dudek Ross, seconded by Chair Battan:

 

The Board found Reasonable Cause over $500 in EEB Case 2020-010 Alyssa Fobes.

 

The motion passed unanimously.

 

Motion 20-052 Moved by Member Jutte, seconded by Member Marsh:

 

The Board issued an Order of Default in EEB Case 2019-032 Deborah Wentworth.

 

The motion passed unanimously.

 

I.       Miscellaneous Matters/Adjournment

There were no miscellaneous matters and the meeting was adjourned at 10:55 a.m.

 

Approved by the Board 11/13/2020