WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– 4th Floor Conference Room – Olympia, WA

November 8, 2019

Regular Meeting Minutes

 

A.    Preliminary Business

1.     Roll Call

The regular meeting of the Washington State Executive Ethics Board (Board) was called to order by Chair Battan at 9:00 a.m.  In attendance were Members Lisa Marsh and Anna Dudek Ross. Vice Chair Gerri Davis was absent. Board staff in attendance included:  Executive Director Kate Reynolds, Assistant Attorney General Michelle Carr, Assistant Attorney General Chad Standifer, Investigators David Killeen and Bobby Frye and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Kate Reynolds requested that item D. Reasonable Cause Determination Form Discussion be tabled for a future meeting.

 

Motion 19-080 Moved by Member Marsh, seconded by Chair Battan:

 

The Board approved the November 8, 2019 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the September 13, 2019 Meeting Minutes

 

Motion 19-081 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board approved the September 13, 2019 minutes as presented.

 

The motion passed unanimously.

 

B.    Enforcement Matters

Motion for Summary Judgment

EEB Case 2018-008 Therese Ferreria

Administrative Law Judge TJ Martin presided over oral arguments on a Motion for Summary Judgment regarding EEB Case 2018-008 Therese Ferreria.

A written order will be issued in the matter.

Stipulations

EEB Case No. 2018-063 Lori Hawley

Senior Investigator David Killeen briefed the Board on a proposed stipulation and order in the matter of Lori Hawley.  Ms. Hawley agreed that she may have violated the Ethics in Public Service Act by committing welfare fraud over a two-year period when she falsely submitted applications indicating that she was a single parent with five children who was the sole source of income. The Stipulation imposes a penalty of $3,200.

EEB Case No. 2018-064 Janet Watkins

Investigator Bobby Frye briefed the Board on a proposed stipulation and order in the matter of Janet Watkins.  Ms. Hawley agreed that she may have violated the Ethics in Public Service Act by using state resources for private benefit or gain and used her personal email to transmit confidential information. The Stipulation imposes a penalty of $3,000 with $500 suspended.

EEB Case No. 2019-017 Sean Dougherty

Mr. Frye also briefed the Board on a proposed stipulation and order in the matter of Sean Dougherty. Mr. Dougherty agreed that he may have violated the Ethics in Public Service Act by using state resources for private benefit and gain. The Stipulation imposes a penalty of $500 with $100 suspended.

Executive Director Dismissal

Executive Director Kate Reynolds briefly summarized an Executive Director Dismissal in EEB Case 2019-028 Nicola Reid.

The Board deferred action on the enforcement matters until after their closed session.

 

C.    Policy Reviews

Ruthann Bryant presented the Board of Accountancy’s Ethics policy.

She noted that the policy was previously approved by the Board in 2017 and recommended approval.

 

Motion 19-082 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board approved the Board of Accountancy’s Ethics policy as presented.

 

The motion passed unanimously.

 

Ms. Bryant also presented the Department of Financial Institutions (DFI) Using Electronic Communication Systems, noting that suggested changes from the September meeting were incorporated into the current version of the policy.

Member Marsh expressed her appreciation to DFI for making the Boards suggested changes to the policy.

 

Motion 19-083 Moved by Member Marsh, seconded by Chair Battan:

 

The Board approved the Department of Financial Institutions’ Using Electronic Communication Systems policy as presented.

 

The motion passed unanimously.

 

Ms. Bryant also presented the Department of Veteran’s Affairs (DVA) Use of State Resources Policy. She noted that the policy was previously approved in January of 2018 and recommended approval.

 

Member Marsh requested that DVA be more specific on use for organizational effectiveness.

 

Motion 19-084 Moved by Chair Battan, seconded by Member Dudek Ross:

 

The Board approved the Department of Veteran’s Affairs Use of State Resources policy as presented.

 

Voting for:  Chair Battan and Member Dudek Ross

Voting against:  Member Marsh

 

The motion passed.

 

D.    Staff Reports

Executive Director Kate Reynolds reported that ALJ Martin has moved to Spokane and Board staff would be meeting with our newly assigned ALJ in the coming weeks.  She also noted that the Governor’s Office is working on appointing our new member. 

Ms. Reynolds also reported that two new training options were recently advertised - an Executive level training conducted by herself and an Ethics in Public Service training via webinar.

No other staff reports were given.

Public Comment/Board Member Comment

No public or Board Member comments were given.

E.    Closed Session

At 10:00 a.m. the Board moved into Closed Session. 

At 11:33 a.m. the Board returned to regular session and reported the following:

 

Motion 19-085 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2018-063 Lori Hawley as presented.

 

The motion passed unanimously.

 

Motion 19-086 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2018-064 Janet Watkins as presented.

 

The motion passed unanimously.

 

Motion 19-087 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2019-017 Sean Dougherty as presented.

 

The motion passed unanimously.

 

Motion 19-088 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board determined that any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and, after consideration of all of the circumstances, further proceedings would not serve the purposes of the Act and dismisses EEB Case 2019-012 Sue Rahr.

 

The motion passed unanimously.

 

Motion 19-089 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board found Reasonable Cause over $500 in EEB Case 2019-018 Ralph Sequeira.

 

The motion passed unanimously.

Motion 19-090 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board found Reasonable Cause less than $500 in EEB Case 2019-019 Jeff Weber.

 

The motion passed unanimously.

 

Motion 19-091 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board found No Reasonable Cause in EEB Case 2019-022 Yvonne Knutson.

 

The motion passed unanimously.

 

Motion 19-092 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board found Reasonable Cause over $500 in EEB Case 2019-027 Charlotte Joplin.

 

The motion passed unanimously.

 

Motion 19-093 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board found No Reasonable Cause in EEB Case 2019-029 Shawna Carter.

 

The motion passed unanimously.

 

Motion 19-094 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board found Reasonable Cause less than $500 in EEB Case 2019-030 Ronnay Scott.

 

The motion passed unanimously.

 

Motion 19-095 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board determined that any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and, after consideration of all of the circumstances, further proceedings would not serve the purposes of the Act and dismisses EEB Case 2019-033 Russ Mullins.

 

The motion passed unanimously.

 

Motion 19-096 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board found Reasonable Cause more than $500 in EEB Case 2019-035 Anthony Parnell.

 

The motion passed unanimously.

 

Motion 19-097 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board issued a Final Order of Default and imposes a civil penalty of $3,500 in EEB Case 2018-037 Derrick Gray.

 

The motion passed unanimously.

 

Motion 19-098 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board issued a Final Order of Default and imposes a civil penalty of $3,000 in EEB Case 2019-033 Kelly McPherson.

 

The motion passed unanimously.

 

Motion 19-099 Moved by Member Marsh, seconded by Member Dudek Ross:

 

The Board issued a Final Order of Default and imposes a civil penalty of $16,306.57 in EEB Case 2019-060 Eric Johnson.

 

Voting For:  Members Marsh and Dudek Ross.

Voting Against:  Chair Battan.                                   

 

The motion passed.

 

F.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:38 a.m.

 

 

Approved by the Board 7/10/2020