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 Members’ Conduct Policies and Procedures.
Motion 21-097 Moved by Chair Battan,
seconded by Vice Chair Davis:
The Board approved Members’
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