WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– 4th Floor Conference Room – Olympia, WA

November 17, 2017

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 Anna Ross at 9:00 a.m.  In attendance were Vice Chair Samantha Simmons and Members Lisa Marsh, John Ladenburg and Shirley Battan. Board staff in attendance included:  Executive Director Kate Reynolds, Sr. Assistant Attorney General Bruce Turcott, Assistant Attorney General Chad Standifer, Investigators David Killeen and Dan Davis and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

 

Motion 17-047 Moved by Vice Chair Simmons, seconded by Member Ladenburg:

 

The Board approves the November 17, 2017 agenda as presented.

 

The motion passed unanimously.

 

3.     Approval of the September 8, 2017 Meeting Minutes

       

Motion 17-048 Moved by Vice Chair Simmons, seconded by Member Battan:  

 

The Board approves the September 8, 2017 minutes as presented.

 

The motion passed unanimously.

 

B.    Rule-Making Public Hearing

Kate Reynolds presided over the public hearing and presented proposed rule amendments to WAC 292-110 Agency Substantive Rules. She noted that one comment was received by the Board and would be reviewed.

 

Member Marsh requested that “designee” be removed in WAC 292-110-060 relating to approval of contracts.

 

No one signed up to testify.

 

 

 

C.    Election of Officers

Motion 17-049 Moved by Member Marsh, seconded by Vice Chair Simmons: 

 

The Board elects John Landenberg as Chair for 2018.

 

The motion passed unanimously.

 

Motion 17-050 Moved by Vice Chair Simmons, seconded by Chair Dudek Ross: 

 

The Board elects Shirley Battan as Vice Chair for 2018.

 

The motion passed unanimously.

 

D.    Enforcement Matters

Stipulations

EEB Case No. 2017-002 (Patten)

Senior Investigator David Killeen briefed the Board on a proposed stipulation and order in the matter of Kim Patten.  Mr. Patten agreed that he may have violated the Ethics in Public Service Act when he used state resources to conduct research for his personal benefit. The Stipulation imposes a penalty of $450.

EEB Case No. 2017-005 (Berg)

Mr. Killeen also briefed the Board on a proposed stipulation and order in the matter of Joel Berg.  Mr. Berg agreed that he may have violated the Ethics in Public Service Act when he used state resources for his private benefit or gain in support of his outside business. Evidence also indicated that Mr. Berg had a private interest in vendors and potential vendors used by University of Washington’s School of Dentistry. The Stipulation imposes a penalty of $6,000 with $2,000 suspended.

EEB Case No. 2017-023 (Worl)

Mr. Killeen briefed the Board on a proposed stipulation and order in the matter of Katie Worl.  Ms. Worl agreed that she may have violated RCW 42.52.160 when she used state resources for her private benefit. The Stipulation imposes a penalty of $2,000 with $1,000 suspended.

EEB Case No. 2017-024 (Kopp)

Mr. Killeen also reported on a proposed stipulation and order in the matter of David Kopp. Mr. Kopp may have violated the Ethics in Public Service Act when he conducted activities incompatible with his official duties in regard to a Department of Social and Health Services client, provided a special privilege to that client and used state resources for the private benefit of himself and another. The Stipulation proposes a penalty of $8,000.

Executive Director Dismissals

EEB Case No. 2016-081 (Sacks-Lawlar), EEB Case No. 2016-087 (Charles), EEB Case No. 2017-003 (Weldon), EEB Case No. 2017-010 (Vendiola), EEB Case No. 2017-020 (Sipma), EEB Case No. 2017-021 (Taylor-Sparks), EEB Case No. 2017-028 (Fluaitt), EEB Case No. 2017-045 (Aldrich), EEB Case 2017-047 (Macklin) and EEB Case No. 2017-050 (Cox).

Kate Reynolds summarized ten Executive Director Dismissals.

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

 

E.    Advisory Opinion Review

Kate Reynolds continued with the final Advisory Opinion (AO) in the review project and presented changes made to AO 10-02 Wearing Uniform at Charitable Events. She reported that the language has been drafted in a manner that fits within WAC 292-110-010 Use of State Resources.

Member Marsh requested that staff strengthen the language regarding the wearing of uniforms and bring the opinion back for discussion at the January meeting.  

 

F.    Policy Reviews

Ruthann Bryant presented an Ethics policy submitted by the Washington State Board of Accountancy.

 

Member Marsh requested the addition of the Board’s website following the mailing address.

 

Motion 17-051: Moved by Member Ladenburg, seconded by Member Marsh:

 

The Board approves the Board of Accountancy Ethics Policy as amended.

 

The motion passed unanimously.

 

Ruthann Bryant also presented Eastern Washington University’s Ethical Standards Policy and Appropriate Use of University Resources Policy.

 

Member Marsh requested that staff work with Eastern Washington University to strengthen the language regarding organizational effectiveness and bring the policy back in January.

 

Motion 17-052: Moved by Member Battan, seconded by Vice Chair Simmons:

 

The Board approves Eastern Washington University’s Ethical Standards Policy as presented.

 

The motion passed unanimously.

 

Ruthann Bryant presented an Outside Business Activities and Employment Policy, Conflict of Interest and Ethics in Public Service Policy and Using State Resources, Equipment and Facilities Policy submitted by the Department of Revenue. 

 

Motion 17-053: Moved by Member Battan, seconded by Member Ladenburg:

 

The Board approves the Department of Revenue’s Outside Business Activities and Employment Policy, Conflict of Interest and Ethics in Public Service Policy and Using State Resources, Equipment and Facilities Policy as presented.

 

The motion passed unanimously.

 

Ruthann Bryant also presented the Washington State Department of Veterans Affairs Ethical and Professional Standards of Conduct Policy and Use of Facilities Policy and requested Board approval.

 

Motion 17-054: Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board approves the Department of Veterans Affairs’ Ethical and Professional Standards of Conduct Policy and Use of Facilities Policy as presented.

 

The motion passed unanimously.

 

G.   Staff Reports

Kate Reynolds reported that it was Vice Chair Simmons’ last meeting, thanked her for her time on the Board and support for staff and presented her with a letter from Governor Inslee.  She noted that the retreat has been scheduled for January and asked that any retreat topics be sent to her.

Chad Standifer provided an update on cases currently scheduled for hearings before the Board.

Bruce Turcott also expressed his thanks to Vice Chair Simmons.

Public Comment/Board Member Comment

Members of the Board and the public also thanked Vice Chair Simmons for her service on the Board.

H.    Executive/Closed Session

At 9:47 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 10:37 a.m. the Board returned to regular session and reported the following:

 

Motion 17-055 Moved by Member Ladenburg, seconded by Member Battan:

 

The Board approves the following Stipulated Facts, Conclusions of Law and Agreed Orders as presented:

 

·       EEB Case 2017-002 Kim Patten

·       EEB Case 2017-005 Joel Berg

·       EEB Case 2017-023 Katie Worl

·       EEB Case 2017-024 David Kopp

 

The motion passed unanimously.

 

Motion 17-056 Moved by Member Ladenburg, seconded by Member Battan:

 

The Board finds Reasonable Cause over $500 in EEB Case 2016-075 Joanie Linder.

 

Voting for:  Chair Dudek Ross, Vice Chair Simmons, Member Ladenburg and Member Battan

Recused:  Member Marsh

 

The motion passed unanimously.

 

Motion 17-057 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board finds Reasonable Cause Over $500 in EEB Case 2017-017 Valerie Smith and EEB Case 2017-026 Michael Hobbs.

 

The motion passed unanimously.

 

Motion 17-058 Moved by Member Marsh, seconded by Member Ladenburg:

 

The Board issues Orders of Default as presented in the following cases:

 

·       EEB Case 2016-037 Kaitlin Torres

·       EEB Case 2017-022 Stephen Goodman

 

The motion passed unanimously.

 

I.       Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 10:40 a.m.

 

Approved by the Board 1/12/18