WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 1st
Floor Conference Room 148 – Olympia, WA
September 14, 2007
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 Evelyn Yenson at 9:00 a.m. In attendance
were Vice Chair Judy Golberg and Members Neil Gorrell and Linnaea Jablonski.
Board staff in attendance included:
Executive Director Susan Harris, Senior Assistant Attorney General Linda
Moran, Assistant Attorney General Michael Tribble, Administrative Officer
Ruthann Bryant and Investigators Sue Jones and Nancy Lewin.
Chair Yenson welcomed new Member Linnaea
Jablonski and noted that Member Trish Akana resigned from the Board and is now enjoying
early retirement. Chair Yenson thanked Ms. Akana for
five years of service on the Board and added that her attention to detail will certainly
be missed.
2. Approval of Agenda
Motion 07-051 Moved by Vice Chair
Golberg, seconded by Member Gorrell:
The Board approves the September
14, 2007 agenda as presented.
The motion passed unanimously.
3. Approval of July 13, 2007 Meeting Minutes
Motion 07-052 Moved by Vice Chair
Golberg, seconded by Member Gorrell:
The Board approves the July
13, 2007 minutes as presented.
The motion passed unanimously.
B. Enforcement Matters
Oral Argument on Motion
for Summary Judgment in the matter of Linda Evans (EEB Case No. 03-014)
Administrative Law Judge Brian Watkins presided over oral argument
on a Motion for Summary Judgment in the matter of Linda Evans, EEB Case No.
03-014, to determine whether or not the Board has jurisdiction over a former
state employee who allegedly violated the Ethics in Public Service Act while
employed by the state.
Judge Watkins introduced Board staff Assistant Attorney General
Mike Tribble and Attorney Steven Meeks, representing Ms. Evans. He also briefly
discussed the process.
Both sides presented their opinion and Judge Watkins concluded the
Oral Arguments at approximately 9:40 a.m.
Review and Approval of Stipulated
Facts, Conclusion and Order
EEB Case No. 06-029 (Joyce Barnes)
Susan Harris briefed the Board on the proposed stipulation and
order. Ms. Barnes agreed that she violated RCW 42.52.160 when she used state
resources for non-work related purposes. The parties agreed that Ms. Barnes
would pay a $2,500 penalty with $1,000 suspended on the condition that she commits
no further violations of 42.52 RCW within two calendar years of the date the
order is accepted by the Board. The Board’s deliberation on the proposal was
deferred until closed session.
C. Advisory Opinion
Susan Harris requested consideration for a
formal advisory opinion to determine whether or not it is appropriate for an organization
such as Weight Watchers to sell its products at meetings conducted on state
premises. She noted that such meetings may be permitted by the agency’s
wellness program or policy.
Ms. Harris reported
that King County and Weight Watchers entered into a contract to allow Weight
Watchers to come to King County work sites and conduct meetings, including
selling products. The Washington State
Health Care Authority has entered into an interlocal
agreement with King County that allows Weight Watchers to come to state offices
to conduct meetings and sell products under that same contract. The Department
of General Administration designed the contract so that it could be used by any
state agency.
Historically the
Board has said that a wellness-type activity could be conducted using state resources if the activity was part
of the agency’s wellness program. However,
the Board has never opined on whether that included the selling of products.
Following
discussion, the Board requested further information on similar activities that
have been permitted by opinion or other past board advice and directed staff to
research what is currently permitted by other agencies.
D. Approval of Agency Policy
Ms.
Harris provided a draft policy submitted by the Office of the Superintendent of
Public Instruction regarding Ethics.
Motion 07-052 Moved by Member Gorrell,
seconded by Vice Chair Golberg:
The Board approves Office
of the Superintendent of Public Instruction policy on Ethics as presented.
The motion passed unanimously.
Ms. Harris also provided a draft Ethics policy submitted by the
Department of Licensing.
Chair Yenson questioned whether or not
specific examples of acceptable use should be included in the policy and
whether or not the policy assumes that employees are familiar with the Ethics
in Public Service Act.
Motion 07-053 Moved by Vice Chair
Golberg, seconded by Member Gorrell:
The Board approves
Department of Licensing policy on Ethics as presented.
The motion passed unanimously.
E. Review of Draft Strategic
Plan and Agency Work Plan
Susan Harris provided copies of the draft strategic plan and
agency work plan and summarized the two documents, noting that quarterly
updates will be provided to the Board.
F. Staff Reports
1. Executive Director’s Report
Susan Harris reported on the search for the new executive
director. She stated that the position announcement has been updated and the
recruitment process is anticipated to begin in October.
She also provided draft amendments to Members’ Conduct Policies
and Procedures. The Board requested that “Leaving the Board” in Section 5 be
changed to “Post Board Obligations.”
Motion 07-054 Moved by Member Gorrell,
seconded by Vice Chair Golberg:
The Board approves Board
Member’s Polices as amended.
The motion passed unanimously.
Ms. Harris also noted that the COGEL Conference begins in Victoria
B.C. on September 16th.
Member Golberg requested that all board members and staff provide a
brief report at the next meeting on their experience at the conference.
2. AAG Report
Senior Assistant Attorney General Linda Moran provided an update
on an issue filed with the Thurston County Superior Court.
3. Other Staff Reports
No other staff reports were given.
G. Public Comment/Board Member Comments
Citizen Rob Kavanaugh briefly addressed the Board regarding his request
for review of a complaint that was dismissed by the Executive Director.
H. Executive or Closed Session
At 10:50 a.m. the Board
moved into Closed Session to discuss potential litigation, deliberate and to
receive and evaluate complaints against state employees and officers. The Board returned to regular session at 11:47
a.m.
I. Miscellaneous Matters/Adjournment
There being no miscellaneous matters, the
meeting was adjourned at 11:48 a.m.
Approved by the Board 10/12/07