WASHINGTON STATE
EXECUTIVE ETHICS BOARD
November 17, 2023
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 Jutte at 9:00 a.m. In attendance were Vice Chair Kelli Hooke and
Members Shirley Battan and Megan Abel. Chair Jutte noted that this would be
Member Battan’s last meeting as her term has ended. Board staff in attendance
included: Executive Director Kate
Reynolds, Assistant Attorney General Julia Eisentrout, Assistant Attorney
General Eric Allen, Administrative Officer Ruthann Bryant and Investigator
Justin Cotte.
2. Approval of Agenda
Motion 23-111 Moved by Member Battan,
seconded by Chair Jutte:
The Board approved the September
8, 2023 agenda as presented.
The motion passed unanimously.
3. Approval of the September 8, 2023 and October 13, 2023 Meeting
Minutes
Motion 23-112 Moved by Member Battan,
seconded by Vice Chair Hooke:
The Board approved the September 8, 2023 minutes as presented.
The motion passed
unanimously.
Motion 23-113 Moved by Member Battan,
seconded by Member Abel:
The Board approved the October 13, 2023 minutes as presented.
The motion passed
unanimously.
B. Enforcement Matters
Stipulations
EEB
Case 2022-026 (Rajagopal)
Investigator Justin Cotte briefed the Board
on a proposed Stipulation and Order in the matter of Vel Rajagopal, former
Chief Information Officer with the Department of Commerce. Vel Rajagopal agreed
that they may have violated the Ethics in Public Service Act by contracting out
information services with a company that they were part owner of and did not
disclose the relationship to the Department of Commerce. The proposed
Stipulation and Order imposes a civil penalty of $30,000.
EEB Case 2023-021 (Burden)
Investigator Justin
Cotte briefed the Board on a proposed Stipulation and Order in the matter of Sheri Burden, an Administrative Office
Assistant 3 with the Employment Security Department. Sheri Burden agreed that
they may have violated the Ethics in Public Service Act by using state
resources for private benefit or gain. Evidence indicated Sheri Burden used
their state issued cell phone and computer for online streaming, Facebook and
YouTube and sent over 1,000 text messages that were personal in nature from
their state cell phone.
The proposed Stipulation
and Order imposes a civil penalty of $5,000 with $2,500 suspended.
EEB Case 2023-028 (Burson)
Investigator Justin
Cotte also briefed the Board on a proposed Stipulation and Order in the matter
of Andrew Burson, a Corrections
Officer at Monroe Corrections Center with the Department of Corrections. Andrew
Burson agreed that they may have violated the Ethics in Public Service Act by
using state resources for private benefit or gain and accessing confidential
information. Evidence indicated that Andrew Burson conducted a background check
on an individual without permission and then emailed the information, including
classified documents, to themselves regarding the individual. Andrew Burson
also stored personal documents on their state computer and browsed the internet
for personal benefit.
The Stipulation and Order
imposes a civil penalty of $4,000 with $1,500 suspended.
EEB Case 2023-034 (George)
Investigator Justin
Cotte also briefed the Board on a proposed Stipulation and Order in the matter
of Rachel George,
an Advisor/Recruiter with
Central Washington University. Rachel George agreed that they may have violated
the Ethics in Public Service Act by using state resources for private benefit
or gain. Evidence indicated that Rachel George stored several documents related
to their outside business, as well as personal 4-H activities on their state
computer. The
Stipulation and Order imposes a civil penalty of $500 with $200 suspended.
Executive Director
Dismissals
Kate Reynolds
summarized three Executive Director Dismissals: EEB Case 2023-038 (Shaw), EEB
Case 2023-041 (Clearman) and EEB Case 2023-045 (Bernier).
The Board deferred action on the enforcement matters until after
their closed session.
C. Policy Reviews
Administrative Officer Ruthann Bryant presented
the Board of Accountancy’s
Ethics Policy. She noted the policy previously
approved in 2021 and has been updated to reflect the signature of the new
Executive Director. Staff recommended approval.
Motion 23-114 Moved by Member Battan,
seconded by Chair Jutte:
The Board
approved the Board of Accountancy’s Ethics policy, as presented.
The motion passed
unanimously.
Executive Director Kate Reynolds presented Washington
State University’s University Ethics Policy. The policy includes several
sections of the Ethics in Public Service Act and since it is posted online on
the University website, includes links to the laws and rules. Staff recommends
approval with the exception of Section 6 of the policy.
Kate Reynolds noted that Section 6 of the
policy will be noted as received by the Board in accordance with RCW 42.52.220.
Motion 23-115 Moved by Chair Jutte, seconded
by Member Battan:
The Board
approved Washington State University’s University Ethics Policy, except for
Section 6, as presented.
The motion passed
unanimously.
Ruthann Bryant also presented the Washington
State Transportation Commission’s Compliance with the Ethics in Public Service
Act policy. She noted the policy was drafted using policies approved by the
Board and included this Board’s Model Rules for boards and commissions from
Advisory Opinion 96-09A. Staff recommended approval.
Motion 23-116 Moved by Vice Chair Hooke,
seconded by Member Battan:
The Board
approved the Washington State Transportation Commission’s Compliance with the
Ethics in Public Service Act policy, as presented.
The motion passed
unanimously.
D. Discussion on Amended Advisory Opinions
02-05 Use of
State Facilities to Gamble
Executive Director Kate Reynolds reported on a
draft advisory opinion regarding the use of state facilities to gamble. Per the
Board’s request, the opinion has been amended to reflect that the use of state
facilities would be inappropriate regardless of whether or not monies are paid out.
The opinion also clarifies that any type of betting for sports pools, for
example, would be incompatible with public duties.
Motion 23-117 Moved by Member Battan,
seconded by Chair Jutte:
The Board
approved Advisory Opinion 02-05 Use of State Facilities to Gamble as amended.
The motion passed unanimously.
23-01 Paid
Time to Exercise
Executive Director Kate Reynolds reported on a
draft advisory opinion regarding paid time to exercise. Kate Reynolds noted that the only amendment
is the removal of one sentence that has been causing some confusion by agencies
but does not change the advice contained in the opinion.
Motion 23-118 Moved by Chair Jutte,
seconded by Member Abel:
The Board
approved Advisory Opinion 23-01 Paid Time to Exercise as amended.
The motion passed
unanimously.
E. Staff Reports
Kate
Reynolds reported that our investigator position has been posted for
recruitment with a closing date at the end of November. Kate Reynolds also reported that Member
Battan’s replacement has been appointed by the Governor effective December 1,
2023 and thanked Member Battan for their hard work on the Board and support of
staff during their tenure.
Ruthann
Bryant also thanked Member Battan for their service on the Board and added that
it has been wonderful to work with them.
Member
Battan commended staff and the Board members for their professionalism over the
years.
F. Public Comment/Board Member
Comment
No
public or Board Member comments were given.
G. Closed Session
At 9:30
am the Board moved into Closed Session.
At 10:20 am the Board returned to regular session and reported the
following:
Motion 23-119 Moved by Vice Chair Hooke,
seconded by Chair Jutte:
The Board approved the Stipulated
Facts, Conclusions of Law and Agreed Order in EEB Case 2022-026 Vel Rajagopal, imposing
a civil penalty of $30,000.
The motion passed unanimously.
Motion 23-120 Moved by Member Battan,
seconded by Vice Chair Hooke:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2023-021
Sheri Burden, imposing a civil penalty of $5,000 with $2,500 suspended.
Voting for: Chair Jutte,
Vice Chair Hooke and Member Battan.
Not voting: Member Able.
The motion passed.
Motion 23-121 Moved by Member Abel,
seconded by Member Battan:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2023-028
Andrew Burson, imposing a civil penalty of $4,000 with $1,500 suspended.
The motion passed unanimously.
Motion 23-122 Moved by Chair Jutte,
seconded by Member Abel:
The Board approved the
Stipulated Facts, Conclusions of Law and Agreed Order in EEB Case 2023-034
Rachel George, imposing a civil penalty of $500 with $200 suspended.
The motion passed unanimously.
Motion 23-123 Moved by Member Battan,
seconded by Chair Jutte:
The Board determined that any
violation that may have occurred is not within the jurisdiction of the Board and
dismissed EEB Case 2023-013 Wes Sweet.
The motion passed unanimously.
Motion 23-124 Moved by Member Abel,
seconded by Member Battan:
The Board found Reasonable Cause
over $500 in EEB Case 2023-015 Jason Parker.
The motion passed unanimously.
Motion 23-125 Moved by Vice Chair Hooke,
seconded by Chair Jutte:
The Board found Reasonable
Cause of $500 or less in EEB Case 2023-023 Jennifer McMillan.
The motion passed unanimously.
Motion 23-126 Moved by Chair Jutte,
seconded by Member Battan:
The Board found Reasonable
Cause over $500 in EEB Case 2023-027 Sumer Keith.
The motion passed unanimously.
Motion 23-127 Moved by Chair Jutte,
seconded by Member Abel:
The Board determined that any
violation that may have occurred does not constitute a material violation
because it was inadvertent and minor, or has been cured and
dismissed EEB Case 2023-044 Kaylyn
Parent.
The motion passed unanimously.
Motion 23-128 Moved by Member Abel,
seconded by Chair Jutte:
The Board found Reasonable
Cause over $500 in EEB Case 2023-028 Andrew Burson.
The motion passed unanimously.
Motion 23-102 Moved by Chair Jutte,
seconded by Member Battan:
The Board issued a Motion
for Default in EEB Case 2022-019 Reyes De La Cruz.
The motion passed unanimously.
H. Miscellaneous Matters/Adjournment
There
were no miscellaneous matters and the meeting was adjourned at 10:30 a.m.
Approved by the Board 1/12/2024