WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– Conference Room 148 – Olympia, WA

November 9, 2012

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 Matthew Williams at 9:00 a.m.  In attendance were Vice Chair Lisa Marsh and Members Anna Dudek Ross and Michael Bahn. Chair William introduced new Member Samantha Simmons. Board staff in attendance included:  Executive Director Melanie de Leon, Assistant Attorney General Bruce Turcott, Investigator David Killeen and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Melanie de Leon noted that the agenda had been revised to add two additional Stipulations.

 

Motion 12-054 Moved by Vice Chair Marsh, seconded by Member Bahn:

 

The Board approves the November 9, 2012 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the September 14, 2012 Meeting Minutes

       

Motion 12-055 Moved by Member Bahn, seconded by Member Dudek Ross:

 

The Board approves the September 14, 2012 minutes as presented.

 

The motion passed unanimously.

 

B.    Election of Officers

Motion 12-056 Moved by Chair Williams, seconded by Member Dudek Ross:

 

The Board elects Lisa Marsh as the Chair of the Executive Ethics Board effective January 1, 2013.

 

The motion passed unanimously.

Motion 12-057 Moved by Member Bahn, seconded by Vice Chair Lisa Marsh:

 

The Board elects Anna Dudek Ross as the Vice Chair of the Executive Ethics Board effective January 1, 2013.

 

The motion passed unanimously.

 

C.    Enforcement Matters

Stipulations

EEB Case No. 2010-072 (Nord)

Melanie de Leon briefed the Board on a proposed stipulation and order in the matter of Douglas Nord. Mr. Nord used his position to pursue activities for a private non-profit organization, participated in activities for other non-state organizations, spent time away from his agency without requesting or taking annual leave and he also used state resources for personal gain. The stipulation proposes a penalty of $5,000 and $20,000 restitution to Western Washington University.

EEB Case No. 2012-008 (Ruelas)

David Killeen briefed the Board on the proposed stipulation and order in the matter of Ruben Ruelas.  Mr. Ruelas agreed that he may have violated RCW 42.52.160 for using state resources for personal gain. Mr. Ruelas used his state computer to visit his personal email account, to stream media and to peruse auto trading sites. Evidence indicated that 47 percent of his internet use was for personal business. The stipulation proposes a penalty of $1,200.

Vice Chair Marsh recused herself from any action relating to EEB Case No. 2012-008 Ruben Ruelas.

EEB Case No. 2012-010 (Corral)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Benjamin Corral.  Mr. Corral agreed that he may have violated RCW 42.52 for using state resources for personal gain. Evidence indicated that he used the internet for personal business nearly 47 percent of the time for online shopping, downloading mp3 files and reading the news. The stipulation proposes a penalty of $2,500 with $1,000 suspended.

Vice Chair Marsh recused herself from any action relating to EEB Case No. 2012-010 Benjamin Corral.

EEB Case No. 2012-032 (Venditti)

Mr. Killeen briefed the Board on the proposed stipulation and order in the matter of Phillip Venditti.  Mr. Venditti agreed that he may have violated RCW 42.52.160 for using state resources to promote his outside business. The stipulation proposes a penalty of $250.

 

EEB Case No. 2012-033 (Clayton)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Chon Clayton.  Mr. Clayton agreed that he may have violated RCW 42.52.160 by using state resources for personal gain. Mr. Clayton took equipment from the Washington State Parks and Recreation Commission to use in his personal residence and used state time inappropriately during travel. The stipulation proposes a penalty of $450.

EEB Case No. 2012-0041 (Haddock)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Abigail Haddock.  Ms. Haddock agreed that she may have violated RCW 42.52.160 by using state resources for an outside business with a telecommunications company and buying and selling gold and gold coins. The stipulation proposes a penalty of $2,500.

The Board deferred action until after closed session.

Executive Director Dismissal

EEB Case 2012-052 (Park)

Melanie de Leon briefly summarized an Executive Director dismissal.

 

D.    Strategic Plan Approval

Melanie de Leon discussed the 2012-2015 Strategic Plan.  The plan focuses on goals to strengthen the ethical culture and promoting an ethical workforce with the executive branch, promoting good governance and improving the complaint process to make filing easier and investigation time shorter.

 

Board members made a couple of clarification changes and approved the plan.

 

E.    Staff Reports

1.  Executive Director’s Report

Melanie de Leon updated the Board on the 2012 survey and noted that the Legislative report will be completed in January once all of the end of year numbers are in. She also discussed a more streamlined Reasonable Cause form that, with Board approval, staff would begin using immediately. The Board concurred.

 

2.  AAG Report

No AAG report was given.

 

3.  Other Staff Reports

 

No other staff reports were given.

 

F.    Public Comment/Board Member Comment

No public or Board Member comments were given.

G.   Executive/Closed Session

At 9:37 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 10:33 a.m. the Board returned to regular session and reported the following:

 

Motion 12-058 Moved by Vice Chair Marsh, seconded by Chair Williams:

 

The Board approves the Stipulated Facts, Conclusions and Order in EEB Case #2010-072, Douglas Nord as presented.

 

The motion passed unanimously.

 

Motion 12-059 Moved by Member Bahn, seconded by Member Dudek-Ross:

 

The Board approves the Stipulated Facts, Conclusions and Order in EEB Case #2012-008, Ruben Ruelas with the removal of the last sentence in Section 4 referring to unintentional violations.

 

The Board approves the Stipulated Facts, Conclusions and Order in EEB Case #2012-010, Benjamin Corral as presented.

 

Voting For:  Chair Williams and Members Bahn, Dudek-Ross and Simmons.

 

Not Voting:  Vice Chair Marsh.

 

The motion passed.

 

Motion 12-060 Moved by Vice Chair Marsh, seconded by Chair Williams:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2012-032, Phillip Venditti, EEB Case #2012-033, Chon Clayton and EEB Case #2012-041, Abigail Haddock as presented.

 

The motion passed unanimously.

 

Motion 12-061 Moved by Vice Chair Marsh, seconded by Member Bahn:

 

The Board finds Reasonable Cause in EEB Case #2012-040, Charles Pezeshki.

 

The motion passed unanimously.

 

Motion 12-062 Moved by Vice Chair Marsh, seconded by Member Bahn:

 

The Board finds Reasonable Cause in the following:

 

EEB Case #2012-042, Sandy Bigelow

EEB Case #2012-043, Jonathan Holmes

EEB Case #2012-044, Chris Long

EEB Case #2012-045, James Hutchinson

EEB Case #2012-046, Deanna Cleman

EEB Case #2012-047, Lisa Johnson

 

The motion passed unanimously.

 

Motion 12-063 Moved by Vice Chair Marsh, seconded by Chair Williams:

 

The Board finds Reasonable Cause in EEB Case #2012-050, Krystal Welch.

 

The motion passed unanimously.

 

Motion 12-064 Moved by Vice Chair Marsh, seconded by Chair Williams:

 

The Board finds No Reasonable Cause in EEB Case #2012-064, Michael Young.

 

The motion passed unanimously.

 

H.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 10:37 a.m.

 

Approved by the Board 1/11/13