WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– 4th Floor Conference Room – Olympia, WA

September 13, 2013

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 Lisa Marsh at 9:00 a.m.  In attendance were Vice Chair Anna Dudek Ross and Members Matthew Williams and Samantha Simmons. Board staff in attendance included:  Executive Director Melanie de Leon, Assistant Attorney General Bruce Turcott, Investigator David Killeen and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Melanie de Leon noted that the agenda was revised to add additional Stipulations.

 

Motion 13-052 Moved by Member Williams, seconded by Vice Chair Dudek Ross:

 

The Board approves the September 13, 2013 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the July 12, 2013 Meeting Minutes

       

Motion 13-053 Moved by Member Williams, seconded by Vice Chair Dudek Ross:

 

The Board approves the July 12, 2013 minutes as presented.

 

The motion passed unanimously.

 

B.    Enforcement Matters

Stipulations

EEB Case No. 2010-022 (Ling)

Melanie de Leon briefed the Board on a proposed stipulation and order in the matter of Les Ling. Mr. Ling agreed that he may have violated RCW 42.52.160 when he used state resources (agency time, computer and email) during work hours to conduct unauthorized and non-agency related activities. The stipulation proposes a penalty of $2,500 with $1,000 suspended.

EEB Case No. 2012-062 (Dickson)

David Killeen briefed the Board on the proposed stipulation and order in the matter of John Dickson. Mr. Dickson agreed that he may have violated RCW 42.52.160 when he used the agency’s computer to send and receive email regarding his outside consulting business. The stipulation proposes a penalty of $2,000.

EEB Case No. 2012-065 (Saari)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Miranda Saari.  Ms. Saari agreed that she may have violated RCW 42.52.160 and .070 when she sent and received emails on the state’s system regarding her outside employment of proctoring tests at the college and providing a special privilege by allowing an outside entity to use the college’s assessment center without paying a fee. The stipulation proposes a penalty of $4,000 with $1,500 suspended.

EEB Case No. 2012-066 (Rustay)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Laura Rustay.  Ms. Rustay agreed that she may have violated RCW 42.52.160 when she used the agency’s email system promote her outside employment proctoring tests at the college. The stipulation proposes a penalty of $2,500 with $1,750 suspended.

EEB Case No. 2012-068 (Camp)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Viktoryia Camp.  Ms. Camp agreed that she may have violated RCW 42.52.160 when she used the agency’s email system promote her outside employment proctoring tests at the college as well as other personal business. The stipulation proposes a penalty of $3,000 with $1,500 suspended.

EEB Case No. 2012-077 (Onkiso)

Mr. Killeen briefed the Board on the proposed stipulation and order in the matter of Abinet Onkiso. Mr. Onkiso agreed that he may have violated RCW 42.52.160 when he used state resources to conduct work related to his private interpreter business and stored over 800 non-work related audio files, video files and nearly 2,000 non-work related photos.  The stipulation proposes a penalty of $2,500.

EEB Case No. 2013-003 (Nelson)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Robert Nelson. Mr. Nelson agreed that he may have violated RCW 42.52.160 when he used state resources for personal interests. The stipulation proposes a penalty of $2,500 with $1,750 suspended.

EEB Case No. 2013-007 (Carlton)

Mr. Killeen briefed the Board on the proposed stipulation and order in the matter of John Carlton. Mr. Carlton agreed that he may have violated RCW 42.52.160 when he accesses the internet for personal use and used the state’s computer system for over 30 hours on non-work related business over a 20 day work period. The stipulation proposes a penalty of $3,000 with $1,000 suspended.

The Board deferred action until after their Closed session.

 

C.    Policy Reviews

Melanie de Leon reported on five policies submitted by the Department of Social and Health Services and recommended the Board approve the policies.

 

Motion 13-054 Moved by Member Williams, seconded by Vice Chair Dudek Ross:

 

The Board approves the following Department of Social and Health Services polices as presented:

·       Use of electronic Messaging Systems and the Internet

·       Teleworking

·       Outside Employment

·       Employee Participation in Political Activities

·       Employment of Relatives or Household Members

 

The motion passed unanimously.

 

Melanie de Leon also reported on the Department of Corrections Use of Resources policy and recommended the Board approve the policy.

 

Motion 13-055: Moved by Member Williams, seconded by Vice Chair Dudek Ross:

 

The Board approves the Department Corrections Use of Resources policy as presented.

 

The motion passed unanimously.

 

D.    Advisory Opinion Request

Ms. de Leon followed up on a request discussed at the July meeting from the Department of Corrections (DOC) to allow the Correctional Peace Officers Foundation to set up tables in DOC facilities to provide information on the foundation and to sign up members. Ms. de Leon provided additional research that indicated that the foundation was actually part of the Combined Fund Drive (CFD) as an eligible charity.

The Board opined that the foundation could participate in solicitation as allowed under the CFD’s laws and rules and directed staff to send a letter to the foundation stating such.

E.    Discussion

Melanie de Leon further discussed how to better clarify questions regarding their interpretation of the Use of State Resources rule, WAC 292-110-010.  Board staff held two meetings the Ethics Advisory Group and as a result, reported that what agencies wanted was a concise interpretation of the different parts of the WAC that could be found in one place.

The Board agreed to establish a sub-committee made up of Board members, Matthew Williams III and Samantha Simmons, Board staff members and Ethics Advisors Lisa Beach, Marie Steffen, Brian Jenson and Lydia Hoffman. The sub-committee will meet to discuss the issue and present their findings to the Board at a future meeting.

F.    Staff Reports

1.  Executive Director’s Report

Melanie de Leon reported that the 2013 Ethics Survey will be sent out by the end of September with a due date the end of November.  The information will be used to compile the annual report to the Legislature.

 

2.  AAG Report

Bruce Turcott reported that a new court case regarding public records requires having a brief explanation of exemptions.

 

3.  Other Staff Reports

 

Ruthann Bryant provided an update of meetings and hearings currently scheduled for the remainder of the year.

 

G.   Public Comment/Board Member Comment

No public or Board Members comments were expressed.

H.    Executive/Closed Session

At 9:35 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 3:55 p.m. the Board returned to regular session and reported the following:

 

Motion 13-056 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the following Stipulated Facts, Conclusions and Orders as presented:  

 

·       EEB Case No. 2010-022, Les Ling

·       EEB Case No. 2012-065, Miranda Saari

·       EEB Case No. 2012-066, Laura Rustay

·       EEB Case No. 2012-068, Viktoryia Camp

·       EEB Case No. 2013-007, John Carlton

 

The motion passed unanimously.

 

Motion 13-057 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the following Stipulated Facts, Conclusions and Orders as presented: 

 

·       EEB Case No. 2012-062, John Dickson

·       EEB Case No. 2012-077, Abinet Onkiso

·       EEB Case No. 2013-003, Robert Nelson

 

Voting For:  Vice Chair Dudek Ross and Members Williams and Simmons

Not Voting: Chair Marsh

 

The motion passed.

 

Motion 13-058 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-005 William Caldwell.

 

The motion passed unanimously.

 

Motion 13-059 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board Dismisses EEB Case No. 2013-010 Amy Lindell.

 

Voting For:  Chair Marsh, Vice Chair Dudek Ross and Member Williams.

Not Voting:  Member Simmons.

 

The motion passed.

 

Motion 13-060 Moved by Chair Marsh, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-011 Candace Krall.

 

Voting For:  Vice Chair Dudek Ross and Members Williams and Simmons.

Not Voting:  Chair Marsh.

 

The motion passed.

 

Motion 13-061 Moved by Chair Marsh, seconded by Vice Chair Dudek Ross:

 

The Board finds Reasonable Cause in EEB Case No. 2013-016 Hoa Huynh.

 

The motion passed unanimously.

 

Motion 13-062 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-018 Shannon Cline.

 

The motion passed unanimously.

 

Motion 13-063 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-022 Pam Caldwell.

 

The motion passed unanimously.

 

Motion 13-064 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board issues an Order of Default in EEB Case No. 2012-063 Hangfa Zhou and EEB Case No. 2013-004 Monica Ruiz.

 

Voting For:  Vice Chair Dudek Ross and Members Williams and Simmons.

Not Voting:  Chair Marsh.

 

The motion passed.

 

Motion 13-065 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board issues an Order of Default EEB Case No. 2013-009 Cathy Perry.

 

The motion passed unanimously.

 

Motion 13-066 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board denies Motion for Reconsideration in EEB Case No. 2011-013 Brad Samples and EEB Case No. 2011-014 Ginger Richardson and grant Motion for Stay.

 

The motion passed unanimously.

 

Motion 13-067 Moved by Chair Marsh, seconded by Member Williams:

 

The Board grants Motion for Reconsideration in EEB Case No. 2008-128 John Petruzzelli and will hear Motion to Vacate Default and Motion to Dismiss on November 8, 2013.

 

The motion passed unanimously.

 

I.       Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:40 p.m.

 

Approved by the Board 9/13/13