2425 Bristol Court SW – 1st Floor Conference Room 148 – Olympia, WA


November 18, 2005

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 Paul Zellinsky at 9:05 a.m.  Also present were Vice Chair Trish Akana, and Members Evelyn Yenson and Neil Gorrell. Member Judy Golberg was present via telephone.  Board staff in attendance included:  Executive Director Susan Harris, Senior Counsel Nancy Krier, Assistant Attorney General Mike Tribble, Administrative Officer Ruthann Bryant and Investigators Sue Jones and Nancy Lewin.


2.      Approval of Agenda


Motion 06-012   Moved by Member Yenson, seconded by Vice Chair Akana:


The Board approves the November 18, 2005 agenda as written.


The motion passed unanimously.


3.      Approval of September 9, 2005 Minutes


Motion 06-013  Moved by Vice Chair Akana, seconded by Member Yenson:


The Board approves the September 9, 2005 minutes as written.


The motion passed unanimously.


B.    Election of Officers

Motion 06-014  Moved by Chair Zellinsky, seconded by Member Golberg:


The Board elects Trish Akana as Chair and Evelyn Yenson as Vice Chair of the Executive Ethics Board, effective January 1, 2006.


The motion passed unanimously.


C.    Policy Review

Ms. Harris introduced Bob Lopez from the Washington Horse Racing Commission and provided a draft policy regarding off-season employment. She noted that the draft policy prevents the potential conflicts of interest that may arise as a result of WHRC employees engaging in off-season employment if that employment is with someone who is currently regulated or was regulated in the last year by the WHRC.


Motion 06-015 Moved by Vice Chair Akana, seconded by Member Yenson:


The Board approves Washington Horse Racing Commission policy on Off-Season Employment as presented.


The motion passed unanimously.


D.    Advisory Opinions

Motel travel rewards

Ms. Harris also presented a draft new FAQ clarifying that Advisory Opinion 03-03, Use of frequent flyer miles by state officers and employees, also applies to motel/hotel point rewards, rental car rewards, and any other travel benefit of a similar nature.


Motion 06-016 Moved by Vice Chair Akana, seconded by Member Golberg:


The Board approves the new FAQ as presented.


The motion passed unanimously.


E.     Non-Binding Staff Opinion

Agency software purchases

Ms. Harris requested Board guidance on a question received from a constituent. The question asks, if an agency purchases software licenses that allows an employee to work at home (the employee needs the office suite software in order to connect to the agency’s network server and the software must be on both the home computer and office computer in order to gain access), can the employee use the software for non-work related activities? She noted that the software company allows agencies and employees to purchase additional licenses for $20.


Ms. Harris also provided comments received from several Ethics Advisors regarding how their various agencies deal with the issue and Harvey Gertson discussed the Department of Transportation’s policy.


The Board agreed that the “de minimis” rule would apply, and asked Ms. Harris to draft the question and answer for the next meeting.


F.     Staff Reports

1.      Executive Director’s Report

Ms. Harris briefly reported on the progress of achieving goals set out in the agency’s strategic plan. She also presented the 2006 meeting schedule and draft annual report for FY 2005.


Ms. Harris also discussed the Attorney General’s legislative agenda for the upcoming session. This agenda includes a request to provide Executive Ethics Board Members the option to serve two five-year terms instead of the current one five-year term. By majority, the Board supports the legislation.


2.      Other Staff Reports

No other staff reports were given.


G.    Public Comment/Board Member Comments

No public or Board Member comments were expressed.

H.    Proposed Stipulation and Orders

No proposed stipulation and orders were presented.


I.        Executive or Closed Session

At 10:45 a.m. the Board moved into Closed Session to deliberate and to receive and evaluate complaints against state employees and officers. At 12:30 p.m. the Board came back into regular session.


J.      Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 12:30 p.m.