WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

2425 Bristol Court SW– Conference Room 148 – Olympia, WA

 

November 18, 2011

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 Vice Chair Matthew Williams at 9:00 a.m.  In attendance were Members Lisa Marsh, Member Linnaea Jablonski and Member Nancy Biery. Board staff in attendance included:  Executive Director Melanie de Leon, Assistant Attorney General Jennifer Elias, Assistant Attorney General Bruce Turcott, Administrative Officer Ruthann Bryant, Investigator David Killeen and Extern Phillip Downes.

 

2.    Approval of Agenda

Melanie de Leon noted that the agenda had been revised to add the Washington State Department of Transportation policy review.

 

Motion 11-081 Moved by Member Jablonski, seconded by Member Marsh:

 

The Board approves the November 18, 2011 agenda as amended.

 

The motion passed unanimously.

 

3.    Approval of the September 9, 2011 Meeting Minutes

        

Motion 11-082 Moved by Member Marsh, seconded by Vice Chair Williams:

 

The Board approves the September 9, 2011 minutes as presented.

 

Not Voting:  Member Biery

 

The motion passed.

 

B.   Election of Officers

Motion 11-083 Moved by Member Jablonski, seconded by Member Biery:

 

The Board elects Matthew Williams as the Chair and Lisa Marsh as the Vice Chair of the Executive Ethics Board effective January 1, 2012.

 

The motion passed unanimously.

 

C.   Enforcement Matters

Hearing

William Larson, EEB Case 2008-103. Alleged violations:  RCW 42.52.020, Activities incompatible with public duties, RCW 42.52.050, Confidential information and RCW 42.52.160 Use of persons, money or property for private gain.

Administrative Law Judge Thomas Rack presided over an administrative hearing regarding Mr. Larson.  Board staff was represented by Assistant Attorney General Jennifer Elias and Mr. Larson was represented by Attorney Joan Mell.

The Board heard opening arguments and testimony from two witnesses.  ALJ Rack continued the hearing for completion at the January 13, 2012 meeting.

Stipulations

EEB Case No. 2009-013 (Mottram)

Melanie de Leon briefed the Board on the proposed stipulation and order in the matter of Susan Mottram.  Ms. Mottram agreed that she may have violated RCW 42.52 when she used her state computer to access over 300 non-work related websites over 39 working days. The stipulation proposes a penalty of $1,500.

EEB Case No. 2011-001 (Bowman)

Ms. de Leon briefed the Board on the proposed stipulation and order in the matter of Anna Bowman.  Ms. Bowman agreed that she may have violated RCW 42.52 when she used her state computer to access non-work related websites and pursue outside business transactions. The stipulation proposes a penalty of $1,000.

EEB Case No. 2011-004 (Wilson-Maudsley)

Ms. de Leon also briefed the Board on the proposed stipulation and order in the matter of Fran Wilson-Maudsley.  Ms. Wilson-Maudsley agreed that she may have violated RCW 42.52 when she used state resources to further an outside business. The stipulation proposes a penalty of $250.

EEB Case No. 2011-012 (Smith)

Melanie de Leon briefed the Board on the proposed stipulation and order in the matter of Laura Smith.  Ms. Smith agreed that she may have violated RCW 42.52 when she used state resources to lobby. The stipulation proposes a Letter of Instruction in lieu of a monetary fine.

The Board deferred action until after closed session.

 

Executive Director Dismissals

EEB Case 2011-006 (McCarty), EEB Case 2011-021 (Anderson) and EEB Case 2011-024 (Portolese)

Melanie de Leon briefly summarized three Executive Director dismissals.

 

D.   Advisory Opinion Review, Discussion and Request

AO 00-11 Use of State Facilities for Voluntary Benefits

Melanie de Leon briefly summarized AO 00-11 Use of State Facilities for Voluntary Benefits, previously discussed at the May and November meetings.  The issue was “Does an employee violate RCW 42.52.160(1) by permitting a business to use state facilities to provide employees with information about insurance products that may quality for voluntary employee payroll deductions pursuant to RCW 41.04.020?”  While the opinion answered “no” there are currently 296 organizations of all types eligible for payroll deductions.  As a result, the proposed use of state facilities has become an opportunity for sales presentations, soliciting memberships or donations rather than education about payroll deduction and would result in a violation of RCW 42.52.160(1) as well as RCW 42.52.070.  Ms. de Leon added that the opinion should be repealed.

 

Barbara Dickson, Special Project Manager for AFLAC, was present and stated that representatives only make contact with agencies at the request of their employees. She requested that the Board give state employees the opportunity to reach their benefits.

 

Board Counsel Bruce Turcott commented that he reviewed Ms. de Leon’s analysis and concurred with the recommendation to repeal the opinion.

 

Motion 11-084 Moved by Member Marsh, seconded by Chair Williams:

 

The Board repeals Advisory Opinion 00-11 Use of State Facilities for Voluntary Benefits.

 

The motion passed unanimously.

 

The Board also discussed a request from the Department of Social and Health Services to use state resources to send out an informational mailer to its clients on behalf of a non-state, for-profit company. 

Ms. de Leon reported that a new federal program, called Lifeline, has gone into effect that provides subsidized cell phone service to public assistance clients.  Under the program, qualified clients receive a cell phone with 30 minutes of prepaid calling each month.  The company providing the service would like DSHS to send a letter outlining the program to qualified clients via a mass mailing to publicize the service.

 

The Board concluded that allowing a private company to use state resources to provide informational material to agency clientele would violate the use of state resources and special privilege sections of the Ethics in Public Service Act.

 

E.   Policy Reviews

Melanie de Leon briefly summarized policies submitted by the Department of Corrections, the Department of Enterprise Services and the Department of Transportation.

Member Marsh noted that on page 4, paragraph 5 of the Department of Enterprise Services Ethical Conduct Policy, there are two references to “GA”.

Motion 11-085 Moved by Member Marsh, seconded by Chair Williams:

 

The Board approves the following:

·         Department of Enterprise Services’ Ethical Conduct Policy as amended.

·         Department of Transportation’s Ethics in Public Service Policy as presented

·         Department of Corrections Ethics, Use of State Resources and Outside Employment/Volunteer Activities Policies as presented

 

Not Voting:  Member Jablonski

 

The motion passed.

 

F.    Board Discussion

The Board discussed whether a Respondent’s name should be removed from the Enforcement section of the Ethics website after a certain number of years. Cases are placed on the public website and the case number provides a link to the stipulation or final order.  This document reveals the respondent’s name. It has been discovered that when a person Googles the name of a respondent, this order appears in the search.  Currently once an order has been uploaded to the website, they are never removed, even though the case records are only retained for three years after the closure of a case.  A prior respondent has requested that the Board set a time limit for the orders to be linked on the website. 

Following discussion, the Board requested that staff research whether redacting the respondent’s name from the order after the three year records retention requirement will impact the Google search.

G.   Staff Reports

1.  Executive Director’s Report

Melanie de Leon introduced new Board Member Nancy Biery, Investigator David Killeen and Extern Phillip Downes.  She also reported on recent training she conducted in Ellensburg and on training dates currently scheduled in 2012.

 

2.  AAG Report

No AAG reports were given.

 

3.  Other Staff Reports

Extern Phillip Downes briefly summarized his plan for collecting information from agencies regarding their ethics program. The information will be used to create agency scorecards which will be included in the report to the Legislature as required in the 2012 budget.  He also reported that he will be conducting surveys of leadership, employees and vendors as well as doing a comparison of Ethics programs in other states.

 

H.   Public Comment/Board Member Comment

No public comments or board member comments were expressed.

I.      Executive/Closed Session

At 3:10 p.m. the Board moved into Executive Session to discuss potential litigation, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 3:55 p.m. the Board returned to regular session and reported the following:

 

Motion 11-086 Moved by Member Jablonski, seconded by Member Biery:

 

The Board amends the complaint and finds Reasonable Cause in EEB Case #2011-005 Jean Wheat.

 

The motion passed unanimously.

 

Motion 11-087 Moved by Member Jablonski, seconded by Chair Williams:

 

The Board finds Reasonable Cause in EEB Case #2010-083, Queniya Lassiter.

 

The motion passed unanimously.

 

Motion 11-088 Moved by Member Jablonski, seconded by Chair Williams:

 

The Board finds Reasonable Cause in EEB Case #2011-018, Artee Young.

 

Voting For:  Vice Chair Williams, Members Jablonski and Biery.

 

Not Voting: Member Marsh.

 

 

Motion 11-089 Moved by Member Jablonski, seconded by Chair Williams:

 

The Board finds no Reasonable Cause in EEB Case #2011-019, Ted Clausing et. al.

 

The motion passed unanimously.

 

Motion 11-090 Moved by Member Jablonski, seconded by Chair Williams:

 

The Board finds no Reasonable Cause in EEB Case #2011-023 Harold Hanson.

 

The motion passed unanimously.

 

Motion 11-091 Moved by Member Jablonski, seconded by Member Biery:

 

The Board approves the Stipulated Facts, Conclusions and Orders in EEB Case #2009-013 Susan Mottram, EEB Case #2011-001 Anna Bowman, EEB Case #2011-004 Fran Wilson-Maudsley and EEB Case #2011-012 Laura Smith, as presented.

 

The motion passed unanimously.

 

J.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 3:59 p.m.

 

Approved by the Board 1/13/12