WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

1110 Capitol Way S– 4th Floor Video Conference Room – Olympia, WA

 

November 13, 2009

Regular Meeting Minutes

 

 

A.   Preliminary Business

1.    Roll Call

The regular meeting of the Washington State Executive Ethics Board (EEB) was called to order by Chair Neil Gorrell at 9:00 a.m.  In attendance were Vice Chair Linnaea Jablonski and Member Connelly.  Chair Gorrell also introduced new Member Matthew Williams III. Board staff in attendance included:  Executive Director Melanie de Leon, Senior Counsel Jerry Anderson, Administrative Officer Ruthann Bryant and Investigators Nancy Lewin and Sue Jones. 

 

Melanie de Leon announced that Member Martin Biegelman was selected by the Obama administration to be the Assistant Director for the Financial Crisis Commission in Washington D.C. She noted that she is currently working with the Governor’s office to determine the impact, if any, this new role will have on his participation in Board matters.

 

2.    Approval of Agenda

Chair Gorrell recused himself from Executive Director Dismissals regarding EEB Case 2009-017, 2009-019 and 2009-051 and requested that the matters be held over until the January 2010 meeting. 

Chair Gorrell also suggested changing the order of agenda items C Discussion Items, moving the issue of Legislators meeting with state employees up to be addressed first, and moving Election of Officers below Policy Review.

 

Motion 09-041 Moved by Vice Chair Jablonski, seconded by Member Connelly:

 

The Board approves the November 13, 2009 agenda as amended.

 

The motion passed unanimously.

 

3.    Approval of the September 11, 2009 Meeting Minutes

        

Motion 09-042 Moved by Member Connelly, seconded by Vice Chair Jablonski:

 

The Board approves the September 11, 2009 minutes as presented.

 

The motion passed unanimously.

 

B.   Discussion Items

1.    Ms. de Leon discussed the question of whether legislators or other elected officials may meet with state employees or state officers in a state facility to discuss legislative issues without violating RCW 42.52.070, .160 or .180. She also provided background and legislative history.

Representatives Hunt and Alexander were present and expressed the importance of legislators maintaining contact with constituents.

The Board directed staff to look into how agencies handle legislative visits to determine if current policies and guidelines are adequate.

2.    Ms. de Leon also summarized a question on whether the Washington Horse Racing Commission (WHRC) employees and commissioners may bet on simulcast races without violating RCW 42.52.020 by merely changing their rule under WAC 260-14-040. She added that RCW 67.16.60 prohibits a commissioner from making any wager on the outcome of a horse race at a race meet conducted under the authority of the commission.

Commissioner Paul George and Executive Secretary Bob Lopez were present and commented that the WHRC has no control over the simulcast races.

The Board requested that Senior Counsel Jerry Anderson research the issue further and discussion will continue at the January meeting.

3.    Ms. de Leon briefly summarized the question of what type of links a state agency could provide on its official website, originally discussed at the September 11th meeting. She noted that the Department of Information (DIS) and the Information Service Board (ISB) do not have policies that every state agency must follow regarding external web links or the content of external sites, however DIS has guidelines available.

The Board determined that web links on agency websites is best left to the agency’s discretion.

 

C.   Policy Review

Melanie de Leon summarized a draft Use of State Resources policy submitted by the Board of Industrial Insurance Appeals. She noted that the policy is within the intent and spirit of the law.

 

Motion 09-043 Moved by Chair Gorrell, seconded by Vice Chair Jablonski:

 

The Board approves the Board of Industrial Insurance Appeals Use of State Resources policy as presented.

 

The motion passed unanimously.

 

D.   Election of Officers

Motion 09-044 Moved by Chair Gorrell, seconded by Member Connelly:

 

            The Board elects Linnaea Jablonski as Chair of the           Executive Ethics Board and Mike Connelly as Vice         Chair of the Executive Ethics Board effective January   1, 2010.

 

The motion passed unanimously.

 

E.   Enforcement Matters           

Approval of Stipulated Facts, Conclusion and Order

EEB Case No. 2008-100 (Andringa)

Nancy Lewin briefed the Board on the proposed stipulation and order. Mr. Andringa agreed that he violated RCW 42.52.160, when he used the facilities of Skagit Valley College to perform restoration work on his private vehicle. She added that the stipulation proposes a penalty of $2,000.

 

         EEB Case No. 09-018 (Lord)

Ms. Lewin also briefed the Board on the proposed stipulation and order. Mr. Lord agreed that he violated RCW 42.52.160, when he used the facilities of Pierce College to access adult oriented websites and used his email for non-work-related subjects. The stipulation proposes a penalty of $6,500 with $1,500 suspended.

The Board deferred action until after closed session.

 

F.    Advisory Opinion Review

Nancy Lewin discussed Advisory Opinion 00-08, Use of State Resources/Political Campaigns/Officer or Employee Title and provided board precedent.

 

Senior Counsel Jerry Anderson reported that longstanding interpretation of RCW 42.52.180 by the Board supports the position that the title of an officer, employer, or elected official is not a “facility of an agency.”

 

The Board requested that staff research the history of the opinion, including legislative history.  They added that it is important to distinguish the difference between RCW 42.52.160 and RCW 42.52.180 where use of title is concerned and two separate opinions may be a necessary.  The matter will be discussed at the January 2010 meeting.

           

G.   Staff Reports

1.  Executive Director’s Report

Melanie de Leon again introduced new member Matthew Williams III, briefly reported on the budget and noted that the Annual Report will be reviewed at the January meeting.

 

Chair Gorrell commented on budget reductions and thanked staff for continuing to provide quality service.

 

2.  AAG Report

No AAG reports were given.

 

3.  Other Staff Reports

No staff reports were given.

 

H.   Public Comment/Board Member Comment

No public or board member comments were expressed.

 

I.      Closed Session

At 11:00 a.m. Chair Gorrell noted there were no executive session items and the Board moved into Closed Session to deliberate on quasi-judicial matters. 

      At 11:20 a.m. the Board returned to regular session and reported the following:

 

Motion 09-045 Moved by Member Connelly, seconded by Chair Gorrell:

 

The Board approves the Stipulated Facts, Conclusions and Order in EBB Case #2008-100, Bernie Andringa and reduces the penalty to $1,000 with $500 suspended.

 

The motion passed unanimously.

 

Motion 09-046 Moved by Member Connelly, seconded by Chair Gorrell:

 

The Board approves the Stipulated Facts, conclusions and Order in EEB Case #09-018, Jerome Lord, as presented.

 

The motion passed unanimously.

 

Motion 09-047 Moved by Member Connelly, seconded by Chair Gorrell:

 

The Board finds Reasonable Cause in EEB Case #08-119, Bevin Hansell.

 

The motion passed unanimously.

 

 

I.   Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:22 a.m.

 

Approved by the Board 1/8/10