A. Preliminary Business - The meeting was called to order at 10:35 a.m.

1. Roll Call – Chair Laquita Fields, Vice-Chair Marilee Scarbrough, Members James Vaché and Paul Zellinsky were present

2. Approval of Agenda – Executive Director, Brian Malarky asked to add the Stipulation and Order regarding EEB Case # 01-60 to the agenda. Motion was made, seconded and passed to approve the agenda with the addition.

3. Approval of October 11, 2002 Meeting Minutes – Member Scarbrough pointed out that on page 4 under "Closed Session" that neither see or Member Sutapa were present and asked that their names be removed. Motion was made, seconded and passed to approve the October 11, 2002 meeting minutes as changed.

1. Proposed Stipulation and Order in EEB Case 00-28 (Taylor) - Board staff briefed the Board in this matter. This complaint and referral from the State Auditor’s Office (SAO) alleges that the respondent used a state provided computer and Internet access to review at least 552 Internet websites unrelated to official duties. In response to the SAO’s initial investigation, the agency reprimanded the respondent and denied him access to the Internet for a period of six months. Board staff proposed resolution by a stipulation and order that imposes civil penalty of one thousand dollars ($1000.00) with five hundred dollars ($500.00) suspended.

Results - After considering the matter in closed session, the Board accepted the stipulation and order as proposed.

2. Proposed Stipulation and Order in EEB Case 01-06 (Cooper) Board staff briefed a proposed stipulation and order to the Board in this matter. The complaint was referred from the SAO and alleges that the respondent used state resources to send and receive over 30 personal emails and repeatedly accessed Internet sites unrelated to official duties. The respondent was directed not to use state e-mail for personal use in June of 2000. In July of 2000, the respondent was interviewed by SAO and admitted that he had used state resources for personal use and was aware that it was an ethics violation. In response to the SAO’s initial investigation, the agency issued a letter of reprimand to the respondent. The respondent again misused state resources in January and February of 2002 and was issued a second letter of reprimand by the employing agency on May 3, 2002. The agency’s correction actions have not resulted in loss of pay or benefits. Board staff proposed resolution by a stipulation and order that imposes civil penalty of two thousand and five hundred dollars ($2500.00) with one thousand and four hundred dollars ($1400.00) suspended.

Results - After considering the matter in closed session, the Board accepted the stipulation and order as proposed and signed an order to that effect.

3. Proposed Stipulation and Order in EEB Case 01-57 (Brookes) Board staff briefed a proposed stipulation and order to the Board in this matter. The complaint alleges that the respondent, the Program Manager of the Automotive Department at Yakima Valley Community College (YVCC) purchased parts through the college account to repair a car belonging to his father and was repaired and removed from the shop before the parts were paid for; allowed family members to have their cars repaired by TVCC students in the Automotive Department, resulting in a cost savings to the family members; used YVCC facilities to repair his own vehicles. YVCC notified the respondent on August 27, 2001 that he was not allowed to use college facilities and resources for personal benefits of any kind and that he was not allowed to work on personal cars or other projects at the college. Board staff proposed resolution by a stipulation and order that imposes civil penalty of five hundred dollars ($500.00) with two hundred and fifty dollars ($250.00) suspended.

Results - After considering the matter in closed session, the Board accepted the stipulation and order as proposed and signed an order to that effect.

4., 5., and 6. Proposed Stipulation and Order in EEB Case 01-60 (Bruce), EEB Case 01-72 (Peregoy), and EEB Case 01-76 (Peden) - Board staff briefed three proposed stipulation and orders to the Board in this matter, which was based on a referral from the Public Disclosure Commission. The complaint alleges that some twenty-one members of the Community Colleges of Spokane faculty used state provided computers or state provided internet access to send an email message regarding community college faculty salaries and retirement plan funding to at least thirty state representatives. The subject of the email was also the subject of several bills under active consideration by the legislature at that time. Board staff proposed resolution by a stipulation and order that imposes civil penalty of twenty-five dollars ($25.00), fifty dollars ($50.00) and twenty-five dollars ($25.00), respectively.

Results - After considering the matter in closed session, the Board accepted the stipulation and orders as proposed.

1. Advisory Opinion Request # 02-2-0411-59, Use of State Facilities to Gamble – The Executive Director presented a third draft advisory opinion which generally prohibits the use of state facilities to support personal gambling activity. After a brief discussion, motion was made, seconded and passed to approve the opinion as drafted.

2. Draft Advisory Opinion Request # 02-2-0611-105, Use of State Facilities to Support Private Charities/FAQ Revisions – The Executive Director presented a third draft of several proposed changes to AOP 02-02, the FAQ’s. On July 12, 2002, the Board reviewed a staff memorandum regarding the "de minimis" use of state resources to support charitable activities. Based on that review, the Board asked staff to draft several Frequently Asked Questions (FAQ’s) revisions that would: (1) clarify the authority given to state agency heads under the "de minimis" use rule; and (2) clarify the Board’s rules regarding solicitation of private businesses on behalf of charitable organizations.

Randy Ryan, Combined Fund Drive (CFD) Program Manager, addressed the Board. The Board members asked several questions. Gail Swanson spoke to the Board and provided Ethics Advisors input regarding the gambling opinion. The Board asked that the opinion amendment and any future amendments be identified as "A", "B", "C", etc. After a brief discussion, motion was made, seconded and passed to approve the opinion as drafted.

3. Advisory Opinion Request # 01-2-1221-248, Use of State Facilities, including the Internet, to Access State Benefits - The Executive Director presented a draft advisory opinion addressing the use of state resources to access state benefits. Vice-Chair Scarbrough and Member Vaché asked that the opinion be redrafted in light of the WAC 292-110-010 guidelines regarding "organizational effectiveness." Vice-Chair Scarbrough also asked that the opinion more clearly distinguishes between a private personal gain and a state provided benefit. Board staff will incorporate changes and return a draft opinion to the January meeting.

4. Advisory Opinion Request # 02-2-0611-144, Use of State Resources to Draft Voters’ Pamphlet Statements – The Executive Director presented a draft advisory opinion addressing whether the Governor may use state resources to draft a statement supporting or opposing the passage of ballot proposition that will be published in the statewide voters’ pamphlet. Board members asked that the opinion be written in a shorter format that limits the authorization to the "voter’s pamphlet" statute. Board staff will incorporate changes and return a draft opinion to the January meeting.

5. Advisory Opinion Request # 02-2-0624-98, Guidance to the WUTC Regarding the Receipt of the Funds from Regulated Companies that will be used to Provide "Official" Transportation for State Officers or Employees - The Executive Director presented a draft advisory opinion regarding the WUTC’s authority to accept reimbursement of travel expenses incurred by WUTC employees to attend out-of-state, work related meetings. The request indicates that the WUTC is concerned that a provision in EEB Advisory Opinion 01-07 is inconsistent with an earlier Board opinion that placed no restrictions regarding the use of funds provided by regulated private companies.

The specific provision at issue prohibits state agencies from using funds provided by a regulated private company to pay for travel by state employees who are involved in regulating the company. UTC Commissioner, Richard Hemstad and Senior Assistant Attorney General, Sally Johnston, addressed the Board. Board members asked several questions regarding the WUTC, its funding authority, and the vendors that WUTC regulates. Mr. Hemstad told the Board that the specific concern was that QWEST planned to host a six-state meeting with state regulators and offered to pay travel expenses in connection with resolving that issue.

The Board instructed staff to gather information regarding the legislative history and intent of RCW 42.52.140 and 42.52.150, previous opinions, and send the background information to them. The Board will consider this request at the January 2003 meeting.

6. Memorandum regarding Request for Advice # 02-2-0812-132, Status of the Washington State Gift Foundation – The Executive Director presented this initial review regarding the status of a nonprofit organization, the Washington Parks Gift Foundation (Foundation), which was created by Parks for the purposes of accepting donations on behalf of Parks. Board members discussed the memorandum and asked Board staff to discuss the program’s authority with Parks’ management and an appropriate Assistant Attorney General. Based on that discussion, Board staff could issue a non-binding staff analysis regarding the specific questions. Board staff needed to get a response from the agency prior to issuing this non-binding staff analysis.

1. # 02-6-0605-87, DOT "Employee Use of Electronic Communications Systems" - Motion was made, seconded and passed to approve this policy as presented.

2. # 02-6-0923-166, PLIA "Use of State Resources" – Board members asked that PLIA qualify the 15 minute per day use of the computer/Internet and change "per day" to on an infrequent basis" and reduce the time allowed.

3. # 02-6-0920-168, Ecology "Use of State Resources" - Motion was made, seconded and passed to approve this policy as presented.

4. # 02-6-0903-184, PLIA "Honoraria" - Motion was made, seconded and passed to approve this policy as presented.

5. # 02-6-0903-189, DIS "Use of State Resources - Motion was made, seconded and passed to approve this policy as presented.

E. Executive and Closed Session

When the meeting reconvened the Board moved into Executive and Closed session.

Executive Session (2:20 p.m.) – In attendance: Brian Malarky, Linda Moran, Jim Vaché, Paul Zellinsky, Laquita Fields, Marilee Scarbrough, and Jean Wilkinson.

Closed Session (3:05 p.m.) – The first part of the closed session, Jim Vaché, Paul Zellinsky, Marilee Scarbrough, and Laquita Fields met with Tony Cook. When Mr. Cook left the session, Jean Wilkinson joined Jim Vaché, Marilee Scarbrough, Paul Zellinsky, and Laquita Fields.

1. Scheduling of Pending Public Hearings and Brief Adjudicative Hearings – The Executive Director discussed the need to reschedule the hearing for EEB Case No. 01-23 (Oertli). The Board suggested a new date of March 12 & 13. Members will confirm availability.
2. State Ethics Conference – Chair Fields and Vice-Chair Scarbrough expressed a desire to attend.
3. Budget update – Budget meeting with key Attorney General staff, the Executive Director, and Jim Vaché scheduled for November 18^th. Concerns regarding the possibility of running out of funds due to litigation.
4. Case status update
5. Executive Director briefed the Board members regarding a non-binding staff analysis that had not been issued.
6. Annotated Strategic Plan 2003 and Board Staff Work Plan – Member Vaché asked that staff forward him the draft annotated chapter 42.52 RCW.
7. Legislative Ethics Board proposal to amend RCW 42.52.450 – Jean Wilkinson and Board members did not express any concerns to the proposed changes.

G. Election of Officers –James Vaché was elected Chair for 2003 and Marilee Scarbrough was elected Vice-Chair for 2003.

H. Public Comment/Board Member Comments

Chair Fields expressed her gratitude for everyone’s patience with her learning experience as the 2002 Chair.

Gail Swanson and Stephen Smith thanked the Board for asking for the Ethics Advisors input regarding the gambling opinion.

I. Executive or Closed Session (held at 2:15 PM)

J. Miscellaneous Matters/Adjournment – Adjourned at 4:06 PM