The Executive Ethics Board convened in Regular Session at 10:35 a.m. in the Highline Community College Library Board meeting room at 2400 S 240th Street, Des Moines, Washington 98198.

Cheryl Rohret, Chair

Laquita Fields, Board Member

James Vache, Board Member

Sutapa Basu, Board Member

Brian Malarky, Executive Director

William Collins, Counsel to the Board

Jerri Thomas, Counsel to Executive Director

Agenda approved.

Approved. Sutapa Basu moved Laquita Fields seconded.

d) Introduction of the New Executive Director

The new Executive Director to the Board, Brian Malarky, introduced himself.

Bill Collins presented a draft of Opinion 00-12. The draft reflects the discussion the Board rendered regarding this opinion at the July meeting. The opinion concludes that it is not a violation of RCW 42.52.110 or RCW 42.52.070 for a student waiter employed in a restaurant operated by a state university to accept tips from customers. RCW 42.52.110 is not violated because tipping in the restaurant industry is unique in the sense that it is part of the basic compensation paid to employees. This is true even though the person being served directly provides the tip. RCW 42.52.070 is not violated because receipt of a tip for providing service in a restaurant does not confer a special privilege on anyone. The Board members accepted the draft opinion with Jim Vache making the motion to approve and Laquita Fields seconded.

Bill Collins presented a draft of Opinion 00-12. The draft reflects the discussion the Board rendered regarding this opinion at the July meeting. The opinion concluded that the use of state facilities to provide state employee with information about insurance products that may qualify for voluntary employee payroll deductions under RCW 41.04.020 does not violate RCW 42.52.160(1). The opinion also concluded that an agency allowed an insurance businesses to use state facilities, care must be taken not to favor one business over another which could violate RCW 42.52.170, which prohibits granting special privileges. The Board members accepted the draft opinion with Laquita Fields making the motion to approve and Jim Vache seconded.

This request concerns service by a state employee on a board of an organization that applies for housing funding from the state. After some discussion the Board decided not to issue an opinion because the request did not included enough information for the Board to render an opinion. The Board generally agreed that a state official who makes discretionary decisions regarding organizations who seek funding from his or her agency should not participate in decisions which may affect funding for organizations in which they are also a member of the organization’s board of Directors.

This request asks whether a former "project leader" state employee with the Department of Fish and Wildlife (WDFW), assist a new employer to complete the project under a new contract. The former employee was a project leader for various federally funded projects in the Columbia Basin. As team leader, the former project leader was responsible for developing the work plan and budget, supervising the field work, analyzing the data, writing interim and annual reports, and overseeing the work of subcontractors. The former project leader left state employment and took a job with Golder Associates. The question is whether Golder can enter into a contract with WDFW to have the former project leader complete the salmon run project.

The board discussion included a graphical diagram of the employment and contractual relationship(s) between WDFW and contractors. The former project leader's duties with Golder will involve work necessary to fulfill the old contract and he did not supervise or administer the second contract as a state employee. Therefore, RCW 42.52.080(1) does not prohibit his employment with Golder to complete the project. The Executive Director will draft an advisory opinion for the November meeting.

The Board approved a series of substantially identical contracts involving Paul Dziedzic.

The EEB indicated that the Executive Director should file two CR101’s (Rules Amendment) with the Code Reviser. One will cover the EEB’s Public Records procedures. The second will cover a routine updating of the EEB’s rules (e.g. change to Executive Director, etc.).

The November EEB Meeting will be at the L&I Offices in Tukwila. In January 2001, the EEB must file with the Office of the Code Reviser a meeting schedule for the upcoming year.

Brian Malarky and Jim Vache will represent the EEB at the December 2000 COGEL Conference in Tampa, Florida.

Mr. Bailey has requested a hearing before the Board and an ALJ. The hearing is scheduled for January 2001.

Janet Lim has indicated her intent to resign from the EEB in near future. Bill Collins recommended that the EEB make a presentation for Janet Lim at the next meeting.

Brian Malarky told the EEB that he would like to hold an EEB Retreat in the new year and requested tentative dates for planning purposes.

No members of the public spoke.

The public meeting adjourned at 2:37 p.m.

Approved by the Executive Ethics Board on November 17, 2000.

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CHERYL ROHRET, Chair

Date: ______________________________