Regular Meeting Minutes

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1. Roll Call – The meeting was called to order at 10:05 a.m. Present were Chair Jim Vaché, Vice-Chair Marilee Scarbrough, and Member Laquita Fields. Also in attendance: Executive Director, Brian Malarky; Board Counsel, Jean Wilkinson; Board Staff, Sue Jones; Board Staff, Debbie O’Dell.

2. Approval of Agenda – Motion was made, seconded and passed to approve the agenda. Chair Vaché announced that Board Member Sutapa Basu resigned due to higher travel demands and the inability to dedicate the time needed to serve on the Board. Chair Vaché and other Board members recognized Member Basu’s valiant service and contributions and that she will be sorely missed. Mr. Malarky proposed presenting an official service award to Member Basu at a future date.

3. Approval of January 10, 2003 Regular Meeting Minutes – Motion was made, seconded and passed to approve the January 10, 2003 minutes.

4. (Taken Out of Order) Policy Review Request # 02-6-1119-202, University of Washington – "Personal Use of University Facilities, Computers, and Equipment by University Employees" – Mr. Malarky presented this policy to Board members. Steven Olswang, Vice Provost of Academic Affairs for the University of Washington was present and answered several questions from the Board members. The Board members asked for clarification related to the use of University facilities for class work. Motion was made, seconded, and passed to approve University of Washington’s "Personal Use of University Facilities, Computers, and Equipment by University Employees" policy with added language.

Board Member Paul Zellinsky arrived.

1. Proposed Stipulation and Order in EEB Case # 00-35 (Wright) – Mr. Malarky briefed the Board members regarding this referral from the State Auditor’s Office (Auditor), which alleges that Ms. Wright used state provided email and Internet access to conduct an outside business. The proposed stipulation and order imposes a civil penalty of three hundred dollars ($300.00) with one hundred and fifty dollars ($150.00) 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 # 01-31 (Fregia) – Ms. Jones briefed the Board members regarding this referral from the Auditor alleging that Mr. Fregia allowed household members to write school papers and access the Internet on a state provided computer. The proposed stipulation and order imposes a civil penalty of two hundred and fifty dollars ($250.00) with one hundred and fifty dollars ($150.00) suspended.

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

1. Advice Request # 01-2-1115-213, Frequent Flyer Miles – The Executive Director presented a revised, draft opinion regarding state employee’s use of frequent flyer miles. Board members asked that the opinion incorporate the word "donate" and clarify that donated miles are not reimbursable. Motion was made, seconded, and passed to approve this opinion with changes.

Mr. Malarky reviewed several House and Senate Bills that may have an affect on the Ethics in Public Service Act. Board members supported the Public Disclosure Commission’s position regarding HB 1129, expressed concerns regarding SB 5390, and made motion, which was seconded and passed, to officially oppose SB 5156. In addition, the Board authorized the Executive Director to draft appropriate letters for Chair Vaché’s signature.

At 12:01 p.m., the Board moved into executive session to consider complaints against public officials. The Board, Board Counsel, Board Staff, and Staff Counsel attended the executive session. At 1:40 p.m., the Board moved into closed session to deliberate quasi-judicial matters. The Board and Board counsel attended the closed session. The Board indicated that it would reconvene in its public session at 2:00 p.m.

After reconvening the public session at 2:00 p.m., the Board members accepted proposed stipulations and orders in EEB Case #’s 00-35 and 01-31 and signed the appropriate documents.

1. Policy Review Request # 02-6-1031-198, Military Department – "Use of the Internet, Electronic Mail, and Computer Systems" – Motion was made, seconded, and passed to approve this policy.

2. Policy Review Request # 02-6-1118-201, Military Department – "Ethics and Ethics Guidelines" – Motion was made, seconded, and passed to approve this policy.

3. Policy Review Request # 02-6-1122-204, Lower Columbia College – "Internet Use" – Motion was made, seconded, and passed to approve this policy with the caveat that the Board does not have authority on monitoring issues.

4. Policy Amendment Review Request # 03-6-0106-001, Department of Health – "Ethics" – Board members asked that the Department of Health add language requiring permission from agency management whenever Department of Health employees want to use state resources while serving as unpaid, volunteer workers or board members for private organizations. The Board did not approve the policy.

5. Policy Review Request # 03-6-0102-002, Western Washington University – "Using University Resources" – Motion was made, seconded, and passed to approve this policy.

1. Budget Update – Board asked t hat Mr. Malarky submit a letter to the Attorney General regarding their concerns about potential budget shortfalls for the Executive Ethics Board.

2. Case Status Update – The Board reviewed a graphic representation of the current case status, including pending cases.

3. Planning for 2003 Board/Staff Retreat – The Board decided to wait until they have a new member before holding their next retreat. One agenda item for the retreat – civil penalty standards.

4. In Case # 01-23/01-50 (Oertli), the Board set a hearing date of May 7-8, 2003.

There were no public or Board comments

1. Motion was made, seconded, and passed to move June’s monthly meeting from the 13^th to the 6^th. Board staff will send notice to the Code Reviser.

2. There being no further business, the meeting adjourned at 2:30 p.m.

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James. M. Vaché, Chair