WASHINGTON STATE
EXECUTIVE ETHICS BOARD
2425 Bristol Court SW– 4th
Floor Conference Room – Olympia, WA
November 9, 2018
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 John Ladenburg at 9:00 a.m. In attendance were Vice Chair Shirley Battan
and Member Gerri Davis. Members Lisa Marsh and Anna Dudek Ross were absent. Board
staff in attendance included: Executive
Director Kate Reynolds, Sr. Assistant Attorney General Bruce Turcott, Assistant
Attorney General Chad Standifer (via telephone), Investigators David Killeen and
Bobby Frye and Administrative Officer Ruthann Bryant.
2. Approval of Agenda
Ruthann Bryant noted that the agenda had been revised to remove
the Columbia Basin College policy and to include two Stipulations under
Enforcement Matters.
Motion 18-065 Moved by Vice Chair Battan,
seconded by Chair Ladenburg:
The Board approves the November
9, 2018 agenda as revised.
The motion passed unanimously.
3. Approval of the September 14, 2018 Meeting Minutes
Motion 18-066 Moved by Vice Chair Battan,
seconded by Chair Ladenburg:
The Board approves the September 14, 2018 minutes as presented.
The motion passed unanimously.
B. Enforcement Matters
Motion to Dismiss/Motion for
Summary Judgment
EEB Case 2015-031 Carl
Walters
Administrative Law Judge Dawn Bettinger presided over oral
arguments on a Motion to Dismiss and Motion for Summary Judgment regarding EEB
Case 2015-031 Carl Walters.
At 9:38 a.m. the Board moved into Executive Session to deliberate.
At 9:53 a.m. the Board returned to regular session and reported
the following:
Motion 18-067 Moved by Vice Chair Battan,
seconded by Member Davis:
The Board denied the Motion
to Dismiss in EEB Case 2015-031 Carl Walters.
The motion passed unanimously.
Motion 18-068 Moved by Vice Chair Battan,
seconded by Member Davis:
The Board granted the Motion
for Summary Judgment and imposed a civil penalty of $1,000 in EEB Case 2015-031
Carl Walters.
The motion passed unanimously.
Stipulations
EEB Case No. 2017-026 (Hobbs)
Senior
Investigator David Killeen briefed the Board on a proposed stipulation and
order in the matter of Michael Hobbs. Mr.
Hobbs agreed that he may have violated the Ethics in Public Service Act when he
used state resources in support of his outside business, secured special
privileges for himself and others in using the Harborview Medical Center
facility to conduct personal outside business activities and received outside
compensation for the performance of his official duties. The Stipulation imposes
a penalty of $27,500.
EEB Case No. 2017-058 (Shuey)
Mr.
Killeen also briefed the Board on a proposed stipulation and order in the
matter of Jackie Shuey. Ms. Shuey agreed
that she may have violated the Ethics in Public Service Act by taking time off
from work without submitting the proper leave slips, used state resources for
her personal benefit and gain and loaned money and gave gifts to some of her
subordinates. The Stipulation imposes a penalty of $5,000 with $1,800 suspended.
EEB Case No. 2017-076
(Babich)
Mr.
Killeen briefed the Board on a proposed stipulation and order in the matter of Babette
Babich. Ms. Babich agreed that she may
have violated the Ethics in Public Service Act when she used state resources
for her private business as a proctor for standardized college and professional
school admissions and professional licensing tests. The Stipulation imposes a
penalty of $4,000 with $2,000 suspended.
EEB Case No. 2018-001
(Unger)
Investigator
Bobby Frye briefed the Board on a proposed stipulation and order in the matter
of Randy Unger. Mr. Unger agreed that he
may have violated the Ethics in Public Service Act when he used state resources
for his private benefit or gain and secured special privileges by using his
state credit card to make unauthorized charges. The Stipulation imposes a
penalty of $3,000.
EEB Case No. 2018-010
(Raymond)
Mr.
Frye also briefed the Board on a proposed stipulation and order in the matter
of Brooks Raymond. Mr. Raymond agreed
that he may have violated the Ethics in Public Service Act when he failed to
submit leave for time taken off work. The Stipulation imposes a penalty of $2,500
with $500 suspended.
EEB Case No. 2018-020
(Petrie)
Mr.
Killeen briefed the Board on a proposed stipulation and order in the matter of Cathy
Petrie. Ms. Petrie agreed that she may
have violated the Ethics in Public Service Act by using state resources for her
private benefit and gain. The Stipulation imposes a penalty of $2,500.
Executive Director Dismissals
Kate Reynolds summarized two Executive Director Dismissals: EEB
Case 2018-026 Steve Hamilton and EEB Case 2018-042 Rebecca Smith.
The Board deferred action on the enforcement matters until after
their closed session.
C. Policy Reviews
Ruthann Bryant presented a Washington State Investment Board Use
of State Resources policy and recommended approval.
Motion 18-069: Moved by Chair Ladenburg, seconded
by Vice Chair Battan:
The Board approved
Washington State Investment Board’s Use of State Resources Policy as presented.
The motion passed unanimously.
Ruthann Bryant also presented a Washington State Department of
Transportation Social Media Use policy and recommended approval.
Motion 18-070: Moved by Chair Ladenburg, seconded
by Member Davis:
The Board approved
Washington State Department of Transportation’s Social Media Use Policy as
presented.
The motion passed unanimously.
D. Staff Reports
Kate
Reynolds reported that the Center for Public Integrity released their 2018
S.W.A.M.P. (States with Anti-corruption Measures for Public Officials) report.
She proudly noted that Washington State ranks Number 1 in the country.
No
other staff reports were given.
Public Comment/Board Member
Comment
No
public or Board member comments were expressed.
E. Closed Session
At 10:13
a.m. the Board moved into Executive Session, immediately followed by Closed
Session to deliberate on quasi-judicial matters.
At 10:49 a.m. the Board returned to regular session and reported
the following:
Motion 18-071 Moved by Chair Ladenburg,
seconded by Member Davis:
The Board approves the following
Stipulated Facts, Conclusions of Law and Agreed Orders as presented:
·
EEB Case 2017-026 Michael
Hobbs
·
EEB Case 2017-058 Jackie
Shuey
·
EEB Case 2017-076 Babette
Babich
·
EEB Case 2018-001 Randy
Unger
·
EEB Case 2018-010 Brooks
Raymond
·
EEB Case 2018-020 Cathy
Petrie
The motion passed unanimously.
Motion 18-072 Moved by Member Davis,
seconded by Vice Chair Battan:
The Board finds Reasonable
Cause over $500 in EEB Case 2018-002 James Duncan.
The motion passed unanimously.
Motion 18-073 Moved by Chair Ladenburg,
seconded by Member Davis:
The Board Dismissed as
inadvertent and minor or has been cured, EEB Case 2018-003 Matthew
Dempster-Summers.
The motion passed unanimously.
Motion 18-074 Moved by Chair Ladenburg,
seconded by Vice Chair Battan:
The Board finds Reasonable
Cause over $500 in EEB Case 2018-008 Therese Ferreria.
The motion passed unanimously.
Motion 18-075 Moved by Chair Ladenburg,
seconded by Vice Chair Battan:
The Board finds Reasonable
Cause over $500 in EEB Case 2018-011 Miranda Puksta.
The motion passed unanimously.
Motion 18-076 Moved by Chair Ladenburg,
seconded by Member Davis:
The Board finds Reasonable
Cause over $500 in EEB Case 2018-012 Laura Chapman.
The motion passed unanimously.
Motion 18-077 Moved by Chair Ladenburg,
seconded by Vice Chair Battan:
The Board finds Reasonable
Cause over $500 in EEB Case 2018-018 Shana Clark.
The motion passed unanimously.
Motion 18-078 Moved by Chair Ladenburg,
seconded by Vice Chair Battan:
The Board finds Reasonable
Cause over $500 in EEB Case 2018-027 Perry McKenzie.
The motion passed unanimously.
Motion 18-079 Moved by Chair Ladenburg,
seconded by Member Davis:
The Board finds Reasonable
Cause over $500 in EEB Case 2018-028 Michael Jones.
The motion passed unanimously.
Motion 18-080 Moved by Chair Ladenburg,
seconded by Member Davis:
The Board finds Reasonable
Cause over $500 in EEB Case 2018-029 Scott Rudder.
The motion passed unanimously.
Motion 18-081 Moved by Vice Chair Battan,
seconded by Member Davis:
The Board finds Reasonable
Cause less than $500 in EEB Case 2018-038 Debbie Rogers.
The motion passed unanimously.
Motion 18-082 Moved by Chair Ladenburg,
seconded by Member Davis:
The Board affirms the
Executive Director Dismissal in EEB Case 2018-035 Ben Smith.
The motion passed unanimously.
Motion 18-083 Moved by Vice Chair Battan,
seconded by Member Davis:
The Board issued a Final
Order of Default and imposes a penalty of $2,000 in EEB Case 2016-075 Joanie
Linder.
The motion passed unanimously.
F. Miscellaneous Matters/Adjournment
There
being no miscellaneous matters, the meeting was adjourned at 10:55 a.m.
Approved by the Board 1/11/19