September 25, 2002

The Executive Ethics Board convened in special telephonic meeting at 10:05 a.m. at the law offices of Savitt and Bruce, 1305 Fourth Avenue, Suite 414, Seattle, Washington.


Laquita Fields, Chair

Sutapa Basu, Member (appearing by telephone)

Paul Zellinsky, Member (appearing by telephone)

Also Present:

Tony Cook, Special Counsel to the Board

David Bruce, Special Assistant Attorney General for the Board staff

Kent Caputo, Attorney for Kathleen Mix, respondent

Jenny Durkan, Attorney for Christine Gregoire, respondent

Suzanne Thomas, Attorney for Janet Capps, complainant

Mike Carter, Seattle Times reporter

Fred Olson, Director of Administration for the Office of the Attorney General (by telephone)


1. Preliminary Business

a. Roll Call - Chair Fields conducted a roll call of those present

b. Approval of Agenda - It was noted that the special meeting had been duly noticed and the purpose stated in the proposed agenda: Presentation of a proposed stipulation and order in EEB Cases No. 01-101 and No. 01-102. Motion was made, seconded and passed to approve the agenda as distributed.

c. Chair Comments - Chair Fields read a statement explaining the nature of the meeting, and disclosing that comments had been taken at the September 17, 2002 special meeting from Ms. Thomas which could be considered ex parte contact. Ms. Durkan and Mr. Caputo were given the opportunity to respond to the comments from the previous meeting. Both responded briefly, and expressly stated that they waived any claim they might have to a thirty-day response period.

2. EEB Case No. 01-101 and 01-102, Presentation of Proposed Stipulation and


Mr. Bruce presented a fully executed copy of a proposed stipulation and order in EEB Cases 01-101 and 01-102. Mr. Bruce read the full text of the document orally.

Ms. Thomas asked to be recognized for a further comment, and was given the opportunity by the Chair. Ms. Thomas stated her belief that there are continuing appearance of fairness problems and open meeting act concerns with the Board's procedures. She further noted that in her view the stipulation does not address the full complaint; that information about the status of pending related litigation was incomplete; and that she did not waive any of her claims related to this matter.

Mr. Caputo and Ms. Durkan re-stated their positions that the stipulation is a full resolution of the complaint and urged the Board to adopt it. Mr. Bruce also stated that he believed the stipulation to be an appropriate resolution of the complaint and urged the Board to adopt it.

3. Closed/Executive Session

At 10:40 a.m. the Board moved into closed session to consider the stipulation and order in EEB Case 01-101 and 01-102. Present at the closed session were Chair Fields, Members Basu and Zellinsky (by telephone), and Mr. Cook.

At 11:15 a.m. the Board re-convened in open session. Chair Fields announced the decision of the Board in Cases No. 01-101 and 01-102 was to accept the stipulation and order in its entirety. An order will be filed when signed by all three of the members participating, but copies of the unsigned order were given to those present.

4. Public Comment/Board Member Comments

Chair Fields provided the opportunity for public comment, no one requested to speak.

5. Miscellaneous Matters/Adjournment

The meeting was adjourned at 11:16 a.m.




Laquita Fields, Chair