October 12, 2001

The Executive Ethics Board convened in regular session at 10:30 a.m. at the Office of the Attorney General, 120 S. Third St. Suite 100, Yakima WA


James M. Vaché, Chair

Sutapa Basu, Board Member

Cheryl Rohret, Board Member

Marilee Scarbrough, Board Member

Laquita Fields, Board Member

Also Present:

Brian Malarky, Executive Director

Linda Dalton, Counsel to the Executive Director (by phone)

Jean Wilkinson, Counsel to the Board

1. Preliminary Business

a. Roll call - Chair James Vaché, Board members Cheryl Rohret, Sutapa Basu, Laquita Fields, and Marilee Scarbrough were present.

b. Approval of Agenda – The agenda was approved without change.

c. Approval of Minutes from September 14, 2001, Regular Meeting

Chair James Vaché made motion to accept the minutes with a minor change, Member Rohret moved, and Member Scarbrough seconded.

2. Draft Advisory Opinion Request # 01-2-0611-129 (01-06), Post Employment

Executive Director, Brian Malarky, presented the opinion with the latest changes. Ron Skinnerland, Department Manager for Ecology, commented that the opinion is accurate and is very helpful. Mr. Malarky and AAG Joe Shorin for Ecology traveled to Leavenworth and presented training regarding the Ethics Laws and the draft opinion to Hanford staff. Mr. Skinnerland appreciates the work and effort of Mr. Malarky and the Board. Chair James Vaché made motion to accept advisory opinion 01-06 as written. Member Rohret moved and Member Basu seconded.

3. Draft Advisory Opinion Request # 01-2-0228-54 (01-XX), Use of State Facilities to Conduct Union Business

The Executive Director, Brian Malarky, presented the opinion. Joanne McCaughen, WPEA representative, was also present. Board counsel, Jean Wilkinson, provided background regarding concerns raised by Ed Younglove about requiring a "written agreement".


4. Staff Report

Retreat - Due to current general freeze on unnecessary travel or overnight travel, need to review budget and determine when is the best time to reschedule retreat. Check back in a couple of months.

OFM Travel Guidelines - Mr. Malarky presented background information regarding OFM Travel Guidelines and a recent memo that advises agency's to develop internal policy and procedures when they receive dollars from an outside person or entity for the purpose of reimbursing official travel by state employees. OFM further advised that if the agency's have ethical issues when developing their internal policies and procedures and for additional information, to contact the Executive Ethics Board. Mr. Malarky has received a few inquires related to this matter and asks the Board what advice should he give. After some discussion, the Board stated that they want to be clear that individuals cannot use a state agency exception to launder funds that if given to a person directly would be in violation of the Ethics Act. The Board also discussed spousal travel and stated that there should be qualifications regarding when it's reasonable to take a spouse. The Board asked staff to define "official role" using IRS guidelines. The advisory opinion is not intended to be an exhaustive resolution of all issues under the Ethics Act.

5. Public/ Board Comments

A member of the public raised a concern regarding cultural issues when sending women/spouses/escorts to foreign countries.

Nominations for Board Chair and Vice-Chair were made. Member Rohret moved that Member Fields be nominated Board Chair and Member Scarbourgh be nominated Vice-Chair. Member Basu seconded and the motion carried. Elections will be held at the November 9, 2001 meeting.





Chair, James M. Vaché Dated: November 9, 2001




F:\Ethics\Board Meeting\2001 Minutes\091401 Minutes.doc