Executive Ethics Board SPECIAL Meeting Minutes
First Floor Conference Room 148
A. Preliminary Business
1. Roll Call - The meeting was called to order at Present were Chair Jim Vaché, Vice-Chair Marilee Scarbrough, Member Laquita Fields, and Member Paul Zellinsky. Also in attendance: Executive Director, Brian Malarky; Board Counsel, Kent Nakamura; Investigator, Sue Jones; Board Staff, Cynthia Castanares; Board Staff, Debbie O’Dell.
2. Approval of Agenda - Motion was made, seconded and passed to approve the agenda as written.
B. Advisory Opinions
1. Draft Advisory Opinion
03-0X (Off-Season Employment of Washington Horse Racing Commission (WHRC)
Employees) - Executive Director, Brian Malarky, provided a background
summary regarding the question of WHRC employees, who time horses for official
records, conducting clocking activities for horsemen during the time they are
not employed by the WHRC. Bob
2. Advice Request No. 03-2-1017-027 (Investments by Washington State Investment Board (WSIB) Members - Executive Director, Brian Malarky, provided a background summary regarding the use by WSIB members of private Sharebuilder Accounts and Managed Accounts. After discussion, the Board consensus was that WSIB members who want to participate in Sharebuilder and Managed Accounts with $10,000.00 or more, must follow WSIB's rules for monthly reporting. Vice-Chair Scarbrough asked that future drafts include the original question posed.
3. Informal Advice Request No. 03-2-1001-030
(Clarification of Textbook Opinion) Review of Informal Analysis - Executive
Director, Brian Malarky, provided a background summary regarding informal
advice provided to Robert Loomis, Paralegal Program Coordinator for Spokane
Community College. After discussion, the
Board unanimously agreed that they supported the analysis provided in number 2
and 3, but not number 1. Sentence two in
paragraph two is incorrect regarding "exceeds 30 days from
receipt". Board members asked
4. Informal Advice Request
No. 03-2-1030-036 (Links to a Private Organization Webpage) - Executive
Director, Brian Malarky, provided a background summary regarding whether the
Home Care Quality Authority may maintain a direct link to private
non-governmental websites that may, from time-to-time advocate for, or against,
a ballot initiative or political candidate?
In addition, may the Home Care Quality Authority provide a direct link
to a webpage that provides non-political information on a website that is
maintained by a private non-governmental organization that advocates for, or
against, a ballot initiative or political candidate? Chair Vaché thanked
Chair Vaché made motion to move agenda items D and E for discussion now and then go into executive or closed session. There were no objections.
D. Staff Report
1. Review and Update
Board Strategic Plan - Chair Vaché asked that before we discussed the
strategic plan that we address Member Field's departure. Effective
2. Letter to
3. Letter to Code Reviser - 2004 Meeting Schedule
4. Copy of Denial Letter
5. Budget update - no documents available, brief discussion
6. Case status update and review - Board members and Board staff agreed to reporting case status on a quarterly basis versus monthly.
E. Public Comment/Board Member Comments
C. Executive or Closed
Session - At , the
Board moved into closed and executive session to consider complaints against
public officials and to discuss pending litigation with counsel. The Board, Board Counsel, and Board Staff
attended the executive session. The Board
then moved into closed session to deliberate on quasi-judicial matters. Assistant Attorney General,
After reconvening the public
session at the Board
announced that it had denied a motion for reconsideration in EEB Case No. 00-36
F. Miscellaneous Matters/Adjournment - Meeting adjourned at 1:15 p.m.