WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 4th
Floor Conference Room – Olympia, WA
September 13, 2019
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 and Anna
Dudek Ross. 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
Kate Reynolds requested that items C. Rule Making and E.
Reasonable Cause Determination Form Discussion be tabled for a future meeting.
Motion 19-068 Moved by Member Marsh, seconded
by Member Dudek Ross:
The Board approves the September
13, 2019 agenda as amended.
The motion passed unanimously.
3. Approval of the July 12, 2019 Meeting Minutes
Motion 19-069 Moved by Member Dudek Ross, seconded
by Member Marsh:
The Board approves the May 10, 2019 minutes as amended.
The motion passed unanimously.
B. Enforcement Matters
Motion for Summary Judgment
EEB Case 2016-042 Cheryl
Adams
Administrative
Law Judge TJ Martin presided over oral arguments on a Motion for Summary Judgment
regarding EEB Case 2016-042 Cheryl Adams.
Penalty Oral Argument
Hearing
EEB Case 2018-014 Nancy
Nelson
Administrative
Law Judge TJ Martin presided over oral arguments regarding a Penalty Oral
Argument Hearing in EEB Case 2018-014 Nancy Nelson.
Written
orders will be issued in the above matters.
Stipulation
EEB Case No. 2017-019
(Batdorf)
Investigator
David Killeen and Assistant Attorney General Chad Standifer briefed the Board
on a proposed stipulation and order in the matter of Demetria Batdorf. Ms. Batdorf agreed that she may have violated
the Ethics in Public Service Act when she used state resources, computer,
printer and time for her personal benefit. Evidence also indicated that Ms.
Batdorf accessed confidential information within the Health Care Authority’s
information systems for personal use. The Stipulation imposes a penalty of $2,000.
Executive Director Dismissals
Executive Director Kate Reynolds briefly summarized five Executive
Director Dismissals: EEB Case 2019-010 Hein Tran, EEB Case 2019-011 Kristi
Simons, EEB Case 2019-015 Valerie Jenkins-Weaver, EEB Case 2019-021 Kent
Schroeder and EEB Case 2019-031 Lara Alpert.
The Board deferred action on the enforcement matters until after
their closed session.
C. Policy Reviews
Ruthann Bryant presented the Department of Financial Institution’s
(DFI) Using Electronic Communication Systems policy. She noted that the policy
was previously approved by the Board in 2017 and recommended approval.
Member Dudek Ross requested clarification on unauthorized use of
the guest wireless network. Additionally she suggested noting that in addition
to a personnel action, the employee could also be subject to an ethics
violation should they not follow the policy.
Ms. Bryant also presented the Washington Military Department’s
Ethics policy and recommended approval.
Member Dudek Ross requested clarification on conflicting
statements regarding the use of state resources for charitable activities. She
also recommended adding a statement that the employee could be subject to both
a personnel action and an ethics violation if they violate the policy.
D. Staff Reports
Executive
Director Kate Reynolds reported that the Coalition for Integrity released its
2019 report on Enforcement of Ethics Rules by State Agencies: Unpacking the
S.W.A.M.P. Index. She added that the Executive Ethics Board and the Legislative
Ethics Board were ranked together for purposes of the report.
No
other staff reports were given.
Public Comment/Board Member
Comment
No public
or Board Member comments were given.
E. Closed Session
At 10:50
a.m. the Board moved into Closed Session.
At 12:30 p.m. the Board returned to regular session and reported
the following:
Motion 19-070 Moved by Member Marsh,
seconded by Member Dudek Ross:
The Board the Stipulated
Facts, Conclusions of Law and Agreed Order in EEB Case 2017-019 Demetria
Batdorf as presented.
The motion passed unanimously.
Motion 19-071 Moved by Member Marsh,
seconded by Member Dudek Ross:
The Board found Reasonable
Cause over $500 in EEB Case 2019-008 Toni Snowden.
The motion passed unanimously.
Motion 19-072 Moved by Member Marsh,
seconded by Member Dudek Ross:
The Board found Reasonable
Cause over $500 in EEB Case 2019-013 Marisa O’Neill.
The motion passed unanimously.
Motion 19-073 Moved by Member Marsh,
seconded by Member Dudek Ross:
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 the Act and dismisses EEB Case
2019-014 Jeff Wilcox.
The motion passed unanimously.
Motion 19-074 Moved by Member Marsh,
seconded by Member Dudek Ross:
The Board found Reasonable
Cause less than $500 in EEB Case 2019-017 Sean Dougherty.
The motion passed unanimously.
Motion 19-075 Moved by Member Marsh,
seconded by Member Dudek Ross:
The Board issued an Order of
Default in EEB Case 2019-037 Derrick Gray.
The motion passed unanimously.
Motion 19-076 Moved by Member Dudek Ross,
seconded by Member Marsh:
The Board issued an Order of
Default in EEB Case 2019-033 Kelly McPherson.
The motion passed unanimously.
Motion 19-077 Moved by Member Dudek Ross,
seconded by Member Marsh:
The Board issued an Order of
Default in EEB Case 2019-060 Eric Johnson.
The motion passed unanimously.
Motion 19-078 Moved by Member Marsh,
seconded by Member Dudek Ross:
The Board issued a Final
Order of Default and imposes a penalty of $3,000 in EEB Case 2018-011 Miranda
Puksta.
The motion passed unanimously.
Motion 19-079 Moved by Chair Battan,
seconded by Member Dudek Ross:
The Board issued a Final
Order of Default and imposes a penalty of $2,000 in EEB Case 2018-044 Cathy
Petrie.
The motion passed unanimously.
F. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 12:34 p.m.
Approved by the Board 11/8/19