The Executive Ethics Board convened in special telephonic meeting at approximately 10:00 a.m. on September 17, 2002.

Laquita Fields, Chair (appearing by telephone)

Sutapa Basu, Member (appearing by telephone)

Paul Zellinsky, Member (appearing by telephone)

James M. Vaché, Member (appearing by telephone)

David Bruce, Special Assistant Attorney General for the Board staff (appearing by telephone)

Suzanne Thomas, attorney for Janet Capps, complainant (appearing by telephone)

Mike Carter, Seattle Times reporter (appearing by telephone)

b. Approval of Agenda - Motion was made, seconded and passed to approve the agenda as distributed.

Mr. Bruce presented a copy of a proposed stipulation and order in EEB Cases 01-101 and 01-102. Mr. Bruce did not read the full text of the document orally, because it had been distributed to all those present at the meeting, all acknowledged having received it, and the consensus of the group was that reading the full text of the document was unnecessary. Mr. Bruce answered several questions regarding the proposed stipulation from Mr. Vaché who acted as a reviewing member in this matter.

Ms. Thomas asked to be recognized for a comment, and was given the opportunity by the Chair. Ms. Thomas stated that she had only just received a copy of the proposed stipulation and order in this matter and stated her belief that notice of this special meeting was not properly given in violation of the open public meeting act. Ms. Thomas further noted that in her view the Board’s procedures regarding this meeting were not followed and the stipulation does not address the full complaint, and that information about the status of pending related litigation was incomplete. Ms. Thomas stated that it was inaccurate for the stipulation to say that Ms. Capps never filed a lawsuit because Ms. Capps had filed a lawsuit seeking various forms of relief by writ. Ms. Thomas objected to the language contained in the proposed stipulation at ¶ E.2.

Mr. Bruce responded to Mr. Thomas’ concerns regarding the proposed stipulation and order. Mr. Bruce then told the Board that he would only respond to Ms. Thomas’ concerns regarding the Board staff’s compliance with the open public meetings act in a closed session.

At approximately 10:40 a.m. the Board moved into closed session to consider Ms. Thomas’ concerns regarding the Board’s procedures and compliance with the open public meetings act. Present at the closed session were Chair Fields, Members Basu and Zellinsky, and Mr. Bruce (by telephone).

At approximately 10:45 a.m. the Board ended the closed session so that the Chair could contact Board staff regarding the compliance with notice requirements under the open public meetings act.

At 3:50 p.m., the Board staff notified all attendees that the meeting would not be re-convened and that the Board had not considered or acted on the proposed stipulation and order.

_______________________________

Laquita Fields, Chair