January 11, 2002

The Executive Ethics Board convened in regular session at 10:32 p.m. at 12806 Gateway Dr (L/I Field Service Location) in Tukwila, WA.


Laquita Fields, Chair

Marilee Scarbrough, Vice-Chair

James M. Vaché, Member

Also Present:

Brian Malarky, Executive Director

Linda Dalton, Counsel to the Executive Director

Jean Wilkinson, Counsel to the Board

Robert McGuire, Investigator

Debbie O'Dell, Information & Training Specialist


1. Preliminary Business

a. Roll Call

b. Approval of Agenda – The agenda was approved.

c. Approval of November 9, 2001 and December 14, 2001 Meeting Minutes –

The November 9. 2001 meeting minutes were approved with several revisions. Vice-Chair Scarbrough asked Board staff to respond to some citizen comments in the November 9, 2001 meeting minutes about adequate notification regarding proposed changes to the "de minimis" use rule. Mr. Malarky noted that in addition to following statutory notice requirements the Board staff circulated copies of the proposed rule to state agency directors and collective bargaining representatives. Mr. Malarky also noted that since March 2001 several drafts of an interrelated advisory opinion on Union use of state resources had been circulated to agency directors and collective bargaining representatives.

The December 14, 2001 Special Meeting minutes were approved with minor changes.


2. Draft Advisory Opinion # 01-2-0228-54, Union Use of State Resources

Executive Director, Brian Malarky presented this opinion and provided a background regarding the original request for this opinion. In addition, Mr. Malarky presented copies of written comments received since the Board's November 2001 meeting.

Jean Wilkinson, Counsel to the Board, clarified the Board's definition of "union".

Vice-Chair Scarbrough suggested adding a sentence that helps clarify the Board's definition of "union".

Mr. Malarky suggested adding language suggested by Karl Nagle and the Board agreed.

Member Vaché noticed that some of the public comments speak to school teacher's union, which is not under the Board's jurisdiction. The Board encouraged Mr. Malarky to let those individuals know that.

Member Scarbrough commented the opinion had come along way and this draft was more positive than the first.

A new draft, with intention of adoption, to be presented at the February 8, 2002 meeting.


Vince Oliveri of Local 17 - Regarding statements by Member Vaché regarding page three of the draft opinion…multiple purposes vs exclusive…grammatically correct to just say purposes.

3. WAC 292-110-010 De Minimis Use Rule - Examples and FAQ's

Mr. Malarky presented draft examples and FAQ's that are a companion to the De Minimis use rules. Board members discussed and asked for revisions in a few areas. A new draft, with intention of adoption, to be presented at the February 8, 2002 meeting.

BREAK at 12:30 p.m. through 1:00 p.m.

4. Staff Report

a. Budget Update/Case Report

b. Proposed addition of RC findings to EEB web page - Board members asked that the web-site include more general information about the conduct which caused the violations. In addition, the Board asked Board staff to remove the agency information, use bigger print, and separate out the actions taken.

The Board approved a motion to place this information on resolved cases on the EEB's website.

c. Filings with the Code Reviser - The Board asked counsel make sure that marking of the "no" box instead of the "yes" box regarding changes to the "de minimis" rule will not create a problem enforcing the rule.

d. Executive Director Dismissals – Member Vaché had some general questions of Board staff that he deferred to executive session.

5. Public Comment/Board Member Comments

Mr. Malarky proposed that the February meeting start at 9:30 a.m. instead of 10:30 a.m. The Board agreed. Member Vaché asked Mr. Malarky for a briefing of the COGEL conference.

Member Vaché suggested that the Chair send a letter to the Governor asking to expedite filling the vacant board position.

6. Executive Session

Began at 1:33 p.m.

Ended at 2:15 p.m.

7. Miscellaneous Matters/Adjournment

The Board announced they had found reasonable cause in EEB Case # 01-02 and no reasonable cause in EEB Case # 01-03.

The meeting was adjourned at 2:16 p.m.