WASHINGTON STATE

EXECUTIVE ETHICS BOARD

Via Zoom

November 12, 2021

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 9:01 a.m.In attendance were Vice Chair Gerri Davis and Member Jan Jutte. Member Earl Key was absent. Board staff in attendance included:Executive Director Kate Reynolds, Assistant Attorney General Bruce Turcott, Administrative Officer Ruthann Bryant and Investigators David Killeen and Bobby Frye.

 

2.    Approval of Agenda

Executive Director Kate Reynolds requested that the rule-making hearing be moved up to first on the agenda.

 

Motion 21-093 Moved by Vice Chair Davis, seconded by Member Jutte:

 

The Board approved the November 12, 2021 agenda as amended.

 

The motion passed unanimously.

 

3.    Approval of the September 10, 2021 Meeting Minutes

 

Motion 21-094 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board approved the September 10, 2021 minutes as presented.

 

The motion passed unanimously.

 

B.   Rule-Making Public Hearing

WAC 292-100 Procedural Rules

 

Kate Reynolds presided over the public hearing and presented proposed rule amendments to WAC 292-100 Procedural Rules. She noted that no public comments were received.

 

No one signed up to testify.

 

Motion 21-095 Moved by Chair Battan, seconded by Vice Chair Davis:

 

The Board approved the filing of the CR-103 on WAC 292-100 Procedural Rules.

 

The motion passed unanimously.

 

C.   Enforcement Matters

Stipulations

EEB Case 2021-008 (Davis)

Senior Investigator David Killeen briefed the Board on a proposed Stipulation and Order in the matter of Kenneth Davis, Maintenance Mechanic 4, with the Department of Social and Health Services. Mr. Davis agreed that he may have violated the Ethics in Public Service Act when he provided a coworker the use of a state vehicle to commute into the office. The stipulation imposes a civil penalty of $500 with $250 suspended.

 

EEB Case 2021-009 (Arthur)

Investigator Bobby Frye briefed the Board on a proposed Stipulation and Order in the matter of Chelsea Arthur, Social Services Specialist with the Department of Social and Health Services. Ms. Arthur agreed that she may have violated the Ethics in Public Service Act by using state resources for her private benefit and gain and accessing confidential information for non-work related purposes. Evidence indicated that she accessed confidential information and shared that information with someone outside the agency and accessed the internet for personal use. The stipulation imposes a civil penalty of $2,500 with $750 suspended.

 

EEB Case 2021-010 (Robertson)

Mr. Killeen briefed the Board on a proposed Stipulation and Order in the matter of Chad Robertson, Classification Counselor 2, with the Department of Corrections. Mr. Robertson agreed that he may have violated the Ethics in Public Service Act by using state resources for his private benefit and gain. Evidence indicated that spent an excessive amount of time using two different browsers to access the internet for private benefit to include Madden Football, Fantasy Football, music and gaming sites. The stipulation imposes a civil penalty of $3,000 with $1,000 suspended.

 

EEB Case 2021-013 (Emmons)

Mr. Frye briefed the Board on a proposed Stipulation and Order in the matter of David Emmons, Former Executive Director of the Olympic College Foundation at Olympic College. Mr. Emmons agreed that he may have violated the Ethics in Public Service Act by using his position to secure special privileges for another. Evidence indicated that he provided a single candidate multiple scholarships in an excessive amount. The stipulation imposes a civil penalty of $1,500.

 

EEB Case 2021-024 (Stoyan)

Mr. Frye also briefed the Board on a proposed Stipulation and Order in the matter of Irene Stoyan, former Quality Control Specialist, with the Department of Social and Health Services. Ms. Stoyan agreed that she may have violated the Ethics in Public Service Act by using state computer resources for her personal benefit or gain. Evidence indicated that she was using her state computer to support her outside real estate business. The stipulation imposes a civil penalty of $2,500.

 

Executive Director Dismissal

Kate Reynolds summarized one Executive Director Dismissal in the matter of EEB Case 2021-032 (Lewis).

 

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

 

D.   Advisory Opinion Review

Kate Reynolds reported on the continued Advisory Opinion (AO) review project and presented a group of AOs related to Miscellaneous topics.

 

Ms. Reynolds also noted that AO 03-06 should be archived since that section of the Ethics in Public Service Act was stricken from the Act in 2006.

 

Motion 21-096 Moved by Chair Battan, seconded by Vice Chair Davis:

 

The Board approved updates to the following Advisory Opinions:

 

         Advisory Opinion 96-08: Employee's Identity

         Advisory Opinion 96-10: Use of Employee Mailing List by Agency Elected Officer

         Advisory Opinion 97-05: Employee's Beneficial Interest in a Spouse's Contract with their Employing Agency

         Advisory Opinion 97-10: Definition of Assisting in a Transaction

         Advisory Opinion 97-14: Outside Employment

         Advisory Opinion 98-09: Use of Resources for Political Campaigns

         Advisory Opinion 99-01: Definition of Legislative Body/Political Activities

         Advisory Opinion 99-03: Outside Compensation/Collegiate Athletic Coaches

         Advisory Opinion 99-08: Permissible Investments/Reinvestment of Dividends

         Advisory Opinion 00-08: Use of State Resource/Political Campaigns/Officer or Employee Title

         Advisory Opinion 02-04: Use of State Facilities, Including Electronic Mail, to Distribute Newspaper Articles and Editorial Opinions.

         Advisory Opinion 03-02: Use of State Resources/Political Campaigns/Voters Pamphlet Statements

         Advisory Opinion 04-01: Use of Agency Websites to Provide Links to Private Web Sites that Advocate for or Against Ballot Initiatives or Political Candidates

         Advisory Opinion 08-04: Posting Political Signs in State-Owned Housing

         Advisory Opinion 11-01: Expert Witness/Expert Testimony

 

The Board approved archiving AO 03-06 Financial Interests regarding non-federal grants.

 

The motion passed unanimously.

E.   Board Member Policy

The Board reviewed their Membersí Conduct Policies and Procedures.

Motion 21-097 Moved by Chair Battan, seconded by Vice Chair Davis:

 

The Board approved Membersí Conduct Policies and Procedures.

 

The motion passed unanimously.

F.    Staff Reports

Executive Director Kate Reynolds reported that Senior Investigator David Killeen will be leaving at the end of the year. She thanked him for his dedication and noted that he will be greatly missed.Ms. Reynolds also reported that recruitment for his replacement has begun.

Chair Battan expressed her appreciation for David and added that she has thoroughly enjoyed working with him over the years.

Member Jutte added that he would be hard to replace and noted that she appreciated his ability to base decisions on what was best for the case.

Mr. Killeen thanked the Board and staff for their support.

G.   Public Comment/Board Member Comment

No public or Board member comments were given.

H.   Closed Session

At 9:25 a.m. the Board moved into Closed Session.

At 11:00 a.m. the Board returned to regular session and reported the following:

 

Motion 21-098 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $500 with $250 suspended in EEB Case 2021-008 Kenneth Davis.

 

The motion passed unanimously.

 

Motion 21-099 Moved by Vice Chair Davis, seconded by Member Jutte:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $2,500 with $750 suspended in EEB Case 2021-009 Chelsea Arthur.

 

The motion passed unanimously.

 

Motion 21-100 Moved by Chair Battan, seconded by Vice Chair Davis:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $3,000 with $1,000 suspended in EEB Case 2021-010 Chad Robertson.

 

The motion passed unanimously.

 

Motion 21-101 Moved by Member Jutte, seconded by Chair Battan:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $1,500 in EEB Case 2021-013 David Emmons.

 

The motion passed unanimously.

 

Motion 21-102 Moved by Vice Chair Davis seconded by Chair Battan:

 

The Board approved the Stipulated Facts, Conclusions of Law and Agreed Order imposing a civil penalty of $2,500 in EEB Case 2021-024 Irina Stoyan.

 

The motion passed unanimously.

 

Motion 21-103 Moved by Chair Battan, seconded by Member Jutte:

 

The Board found Reasonable Cause over $500 in EEB Case 2021-022 Shari Clarke.

 

The motion passed unanimously.

 

Motion 21-104 Moved by Chair Battan, seconded by Member Jutte:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-023 Fermin Sanchez.

 

The motion passed unanimously.

 

Motion 21-105 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board found Reasonable Cause over $500 in EEB Case 2021-025 Julie Bonner.

 

The motion passed unanimously.

 

Motion 21-106 Moved by Vice Chair Davis, seconded by Member Jutte:

 

The Board found Reasonable Cause over $500 in EEB Case 2021-026 Christopher Marr.

 

The motion passed unanimously.

 

Motion 21-107 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-027 Rob Fitch.

 

The motion passed unanimously.

 

Motion 21-108 Moved by Chair Battan, seconded by Member Jutte:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-028 Audrey Baker.

 

The motion passed unanimously.

 

Motion 21-109 Moved by Member Jutte, seconded by Vice Chair Davis:

 

The Board found Reasonable Cause over $500 in EEB Case 2021-029 Kristina Brown.

 

The motion passed unanimously.

 

Motion 21-110 Moved by Vice Chair Davis, seconded by Member Jutte:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-030 Ray Godin.

 

The motion passed unanimously.

 

Motion 21-111 Moved by Vice Chair Davis, seconded by Member Jutte:

 

The Board found Reasonable Cause over $500 in EEB Case 2021-031 Laura Lindstrand.

 

The motion passed unanimously.

 

Motion 21-112 Moved by Chair Battan, seconded by Member Jutte:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-039 James Anderson.

 

The motion passed unanimously.

 

Motion 21-113 Moved by Chair Battan, seconded by Vice Chair Davis:

 

The Board determined that the complaint is obviously unfounded or frivolous and dismisses EEB Case 2021-040 Jennifer Gosselin.

 

The motion passed unanimously.

 

I.     Miscellaneous Matters/Adjournment

There were no miscellaneous matters and the meeting was adjourned at 11:14 a.m.

Approved by the Board 1/14/2022