WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

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

November 8, 2013

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 Lisa Marsh at 9:00 a.m.  In attendance were Vice Chair Anna Dudek Ross and Members Matthew Williams and Samantha Simmons. Board staff in attendance included:  Executive Director Melanie de Leon, Assistant Attorney General Bruce Turcott, Investigator David Killeen and Administrative Officer Ruthann Bryant.

 

2.     Approval of Agenda

Melanie de Leon noted that the agenda was revised to add additional Stipulations.

 

Motion 13-068 Moved by Member Williams, seconded by Vice Chair Dudek Ross:

 

The Board approves the November 8, 2013 agenda as amended.

 

The motion passed unanimously.

 

3.     Approval of the September 13, 2013 Meeting Minutes

       

Motion 13-069 Moved by Member Williams, seconded by Vice Chair Dudek Ross:

 

The Board approves the September 13, 2013 minutes as presented.

 

The motion passed unanimously.

 

B.    Enforcement Matters

Request to Vacate Default Order

The Board presided over a request to Vacate a Default Order regarding EEB Case 20008-128 John Petruzzelli.  Mr. Petruzzelli was not represented by an attorney, and the State was represented by Assistant Attorney General Chad Standifer.

Following argument, the Board deliberated in closed session at 10:20 a.m. and returned to open session at 10:42 a.m.

 

Chair Marsh reported that the Board denied the request to vacate the default order and would be issuing a written order within the next couple of weeks.

Stipulations

EEB Case No. 2012-034 (Makena (Hulse))

Melanie de Leon briefed the Board on a proposed stipulation and order in the matter of Don Makena. Mr. Makena agreed that he may have violated RCW 42.52.160 when he used the agency’s computer to access non-work related sites on a recurring basis that was more than de minimis in nature. Mr. Makena spent at least 109 hours on his state computer visiting sites that were not job-related.  During the days he was pursuing this personal business, he also requested and received paid overtime to accomplish his regular Lead duties. The stipulation proposes a penalty of $5,000, suspending $2,500 and $5,150 in restitution to the agency.

EEB Case No. 2012-035 (Ross)

Ms. de Leon also briefed the Board on the proposed stipulation and order in the matter of Stan Ross. Mr. Ross agreed that he may have violated RCW 42.52.160 when he used the agency’s computer to access non–work related sites on a recurring basis that was more than de minimis in nature. Mr. Ross spent at least 28 hours visiting sites on his state computer that were not job-related.  As a result he was paid overtime on the days where he was using the state computer for non-work related matters. The stipulation proposes a penalty of $5,000, suspending $2,500 and $1,323 in restitution to the agency.

EEB Case No. 2013-006 (Millbauer)

Ms. de Leon briefed the Board on the proposed stipulation and order in the matter of Mark Millbauer.  Mr. Millbauer agreed that he may have violated RCW 42.52.160 for using state resources to promote or support an outside organization. Evidence indicated that Mr. Millbauer used the agency’s email system and fax machine to send and receive correspondence regarding a non-agency matter. The stipulation proposes a Letter of Instruction in lieu of a civil penalty.

EEB Case No. 2012-071 (Perkins)

David Killeen briefed the Board on the proposed stipulation and order in the matter of Michelle Perkins.  Ms. Perkins agreed that she may have violated RCW 42.52.160 when she used state resources for personal business. Evidence indicated that Ms. Perkins used her state issued cell phone to place or receive 325 personal calls during a 24-month period of time for over 1,000 minutes and incurring over $100 in long distance and roaming charges. The stipulation proposes a penalty of $3,000 with $1,500 suspended.

EEB Case No. 2012-075 (Nguyen)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Tang Nguyen.  Mr. Nguyen agreed that he may have violated RCW 42.52.160 when he used state resources to promote his outside custodial business.  Evidence indicated that Mr. Nguyen hired his subordinates to work for him in his private business and also used agency equipment and resources to further his private business. The stipulation proposes a penalty of $8,000.

EEB Case No. 2013-004 (Ruiz)

Mr. Killeen briefed the Board on the proposed stipulation and order in the matter of Monica Ruiz. Ms. Ruiz agreed that she may have violated RCW 42.52.160 when she used state resources for personal business. Evidence indicated that Ms. Ruiz visited internet sites beyond the de minimis use standard. The stipulation proposes a penalty of $4,500, suspending $2,000 and orders Ms. Ruiz to immediately pay an outstanding $250 penalty from a previous stipulation.

EEB Case No. 2013-016 (Huynh)

Mr. Killeen also briefed the Board on the proposed stipulation and order in the matter of Hoa Huynh. Ms. Huynh agreed that she may have violated RCW 42.52.160 when she used state resources for personal interests. The stipulation proposes a penalty of $1,500 with $800 suspended.

The Board deferred action on all stipulations until after their Closed session.

Executive Director Dismissals

EEB Case No. 2013-013 (Woods), EEB Case No. 2013-014 (Bartha), EEB Case No. 2013-020 (Burgett), EEB Case No. 2013-021 (Gregerson), EEB Case No. 2013-023 (Warick), EEB Case No. 2013-025 (Zorzi) and EEB Case No. 2013-042 (Rodeback)

Melanie de Leon summarized seven ED Dismissals.

 

C.    Policy Review

Melanie de Leon reported a Travel Reimbursement by Non-State Entities Policy submitted by the Department of Enterprise Services and recommended the Board approve the policy.

 

Motion 13-070 Moved by Member Williams, seconded by Vice Chair Dudek Ross:

 

The Board approves the Department of Enterprise Services’ Travel Reimbursement by Non-State Entities Policy as presented.

 

The motion passed unanimously.

 

 

D.    Election of Officers for 2014

Motion 13-071 Moved by Member Williams, seconded by Member Simmons:

 

The Board elects to extend Lisa Marsh as the Chair of the Executive Ethics Board and Anna Dudek Ross as the Vice Chair effective January 1, 2014.

 

The motion passed unanimously.

 

E.    Staff Reports

1.  Executive Director’s Report

Melanie de Leon reported on the progress of the subcommittee meetings noting that the subcommittee has decided to revise the WAC to better explain the Board’s interpretation of RCW 42.52.160. She also commented on a packet she put together for ethics advisors, which gives them the tools they need to address ethics issues within their agencies.

 

2.  AAG Report

No AAG report was given.

 

3.  Other Staff Reports

 

No other staff reports were given.

 

F.    Public Comment/Board Member Comment

Lynn Hendrickson, ethics advisor for the Board of Industrial Insurance Appeals, commented that she found the ethics advisor packet to be very helpful and suggested providing them to the Governor’s office to be handed out to new appointees.

G.   Executive/Closed Session

At 11:10 a.m. the Board moved into Executive Session, immediately followed by Closed Session to deliberate on quasi-judicial matters. 

At 12:00 p.m. the Board returned to regular session and reported the following:

 

Motion 13-072 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Orders in EEB Case 2012-034, Don Makena (Hulse) as presented.

 

The motion passed unanimously.

 

Motion 13-073 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Orders in EEB Case 2012-035, Stan Ross as presented.

 

The motion passed unanimously.

 

Motion 13-074 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Orders in EEB Case 2012-071, Michelle Perkins as presented.

 

Voting For:  Chair Marsh, Vice Chair Dudek Ross and Member Williams.

Not Voting:  Member Simmons.

 

The motion passed.

 

Motion 13-075 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Orders in EEB Case 2012-075, Tang Nguyen as presented.

 

The motion passed unanimously.

 

Motion 13-076 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Orders in EEB Case 2013-004 Monica Ruiz as presented.

 

Voting For:  Vice Chair Dudek Ross and Members Williams and Simmons.

Not Voting:  Chair Marsh.

 

The motion passed.

 

Motion 13-077 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Orders in EEB Case 2013-006, Mark Millbauer as presented.

 

The motion passed unanimously.

 

Motion 13-078 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board accepts the Stipulated Facts, Conclusions and Orders in EEB Case 2013-016, Hoa Huynh as presented.

 

The motion passed unanimously.

 

Motion 13-079 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-012 Raymond Thomas.

 

The motion passed unanimously.

 

Motion 13-080 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-013 Lesley Blake.

 

The motion passed unanimously.

 

Motion 13-081 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board finds Reasonable Cause in EEB Case No. 2013-019 Marla Elliot.

 

The motion passed unanimously.

 

Motion 13-082 Moved by Vice Chair Dudek Ross, seconded by Member Williams:

 

The Board issues a Final Order of Default in EEB Case No. 2012-063 Hangfa Zhou.

 

Voting For:  Vice Chair Dudek Ross and Members Williams and Simmons.

Not Voting: Chair Marsh.

 

The motion passed.

 

 

Motion 13-083 Moved by Chair Marsh, seconded by Member Williams:

 

The Board upholds the Executive Director Dismissal in EEB Case No. 2013-023 Jim Warick.

 

The motion passed unanimously.

 

H.    Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 12:03 p.m.

 

Approved by the Board 1/10/14