WASHINGTON STATE

EXECUTIVE ETHICS BOARD

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

November 14, 2008

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 Judy Golberg at 9:00 a.m. In attendance were Vice Chair Neil Gorrell and Members Linnaea Jablonski and Mike Connelly. Board staff in attendance included: Executive Director Melanie de Leon, Senior Counsel Jerry Anderson, Administrative Officer Ruthann Bryant, and Investigators Nancy Lewin and Sue Jones.

2. Approval of Agenda

Motion 08-048 Moved by Member Connelly, seconded by Member Jablonski:

The Board approves the November 12, 2008 agenda as presented.

The motion passed unanimously.

3. Approval of September 12, 2008 and September 30, 2008 Meeting Minutes

Motion 08-049 Moved by Member Jablonski, seconded by Vice Chair Gorrell:

The Board approves the September 12, 2008 minutes as presented.

The motion passed unanimously.

Vice Chair Gorrell requested that the word “residents” in the motion be replaced with the word “residences.”

Motion 08-050 Moved by Vice Chair Gorrell seconded by Member Jablonski:

The Board approves the September 30, 2008 minutes as amended.

The motion passed unanimously.

B. Rule Making – Public Hearing

Melanie de Leon briefly discussed research regarding WAC 292-110-010 Use of State Resources and presented draft language clarifying that like technology is viewed in the same manner.

Randy Ryan with the Department of Personnel commented that since the rule does not apply to the Combined Fund Drive, it should not be sited as an example of restriction in a rule that applies to the use of state resources.

Jeri Sivertson, Department of Transportation, requested earlier notification on future rule amendments.

Gladys Burbank, Washington Federation of State Employees, requested that the Board reconsider the new language regarding “cannot reasonably be done during working hours” adding that it sets a different standard for people, particularly those with flex schedules.

Brian Jensen submitted written comments. The Board commended Mr. Jensen on the extensive research and time involved.

Following discussion, the Board will withdraw the CR102 and draft new language. Vice Chair Gorrell and Member Jablonski will gather comments and draft an amendment for the Board’s consideration at the January 2009 meeting.

C. Enforcement Matters

Approval of Stipulated Facts, Conclusion and Order

EEB Case No. 07-020 (Maria Hough/McBride)

Nancy Lewin briefed the Board on the proposed stipulation and order. Ms. McBride agreed that she violated RCW 42.52.160, when she used state resources for personal benefit. Ms. Lewin noted that Ms. McBride’s wages were reduced by five percent for a two-month period. The parties agreed that Ms. McBride would pay a civil penalty of $500 with $250 suspended.

The Board deferred action until after closed session.

Executive Director Dismissal

No reviews were requested by the Board.

D. Approval of Agency Policy

Ms. deLeon provided a draft policy submitted by Everett Community College regarding Ethics and introduced Jennifer Howard.

Motion 08-051 Moved by Vice Chair Gorrell, seconded by Member Jablonski:

The Board approves Everett Community College’s Ethics Policy as presented.

The motion passed unanimously.

E. Election of Officers

Motion 08-052 Moved by Member Jablonski, seconded by Member Connelly:

The Board elects Neil Gorrell as Chair of the Executive Ethics Board effective January 1, 2009.

The motion passed unanimously.

Motion 08-053 Moved by Vice Chair Gorrell, seconded by Member Connelly:

The Board elects Linnaea Jablonski as Vice Chair of the Executive Ethics Board effective January 1, 2009.

The motion passed unanimously.

F. Staff Reports

1. Executive Director’s Report

Melanie de Leon reported that Martin Biegelman has been appointed to the Board by the Governor on November 11th. She added that Mr. Biegelman is Attorney General Rob McKenna’s nominee and will join the Board at the January 9, 2009 meeting. She also summarized her activity report for September, highlighting training for a variety of state agencies and noted that nearly 1,500 state employees have been trained since March.

2. AAG Report

No AAG Reports were given.

3. Other Staff Reports

No other staff reports were given.

G. Public Comment/Board Member Comment

Vice Chair Gorrell thanked Chair Golberg and expressed his appreciation for her hard work and dedication. Chair Golberg commented that she would enjoy her last year on the Board and plans to retire from her full-time position in the private sector in March.

H. Closed Session

At 10:10 a.m. Chair Golberg noted there were no executive session items and the Board moved into Closed Session to deliberate on quasi-judicial matters.

At 10:22 a.m. the Board returned to regular session and reported the following:

Motion 08-054 Moved by Member Connelly, seconded by Member Jablonski:

The Board finds reasonable cause in EEB Case 07-007, Richard McRae.

The motion passed unanimously.

Motion 08-055 Moved by Member Connelly, seconded by Vice Chair Gorrell:

The Board issues an Order of Default in EEB Case #07-007, Molly Savalesky.

The motion passed unanimously.

Motion 08-056 Moved by Member Connelly, seconded by Vice Chair Gorrell:

The Board affirms the Executive Director’s Oder of Dismissal and issues a Final Order of Dismissal in EEB Case #08-106, Sunny Burns, EEB Case #08-007, Rick Huston and EEB Case #08-008, Vicki Lackman.

The motion passed unanimously.

Motion 08-057 Moved by Member Connelly, seconded by Vice Chair Gorrell:

The Board accepts the Stipulated Facts, Conclusion and Order in EEB Case #07-020, Maria Hough/McBride, as presented.

The motion passed unanimously.

I. Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 10:26 a.m.

Approved by the Board 1/09/09