March 15, 2002

The Executive Ethics Board convened in regular session at 10:30 a.m. at 2425 Bristol Ct SW in Olympia. Please note the following is a summary of the minutes.


Marilee Scarbrough, Vice-Chair

James M. Vaché, Member

Sutapa Basu, 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 with deletion of case report and addition of State Ethics Conference information, CR103 filing for March 18, 2002, and line-out version of agenda item number four.

c. Approval of February 8, 2002 meeting. Member Vaché moved to accept and members unanimously voted to approve the minutes

2. Staff Report

a. Letter to the Governor (nothing yet on a new board member);

b. Budget Update - As it looks at the moment, $8K in the red for this year; shared information regarding Linda Moran and her role in assisting EEB with Budget and staffing issues. The Executive Director suggested going to meeting every other month. Vice-Chair Scarbrough asked what we would save. Mr. Malarky indicated that he didn't have any figures yet. Vice-Chair Scarbrough thought its a good idea. Member Vaché expressed concern on whether we could take care of everything because of backlog. Member Basu likes the every other month idea. Vice-Chair Scarbrough asked that we come back with figures and workload numbers;

c. Legislative Update No bills related to the Ethics in Public service Act. Public Hearing and Initiative bills did not pass out.

d. State Ethics Conference - Member Vaché will make an effort to be there, Vice-Chair Scarbrough glad to see the collaboration between business and governmental ethics programs,

e. CR103 Filing - The "de minimis" use CR103 will be filed on March 18, 2002. The effective date for the amended rule will be April 19, 2002.

3. Draft Advisory Opinion - WAC 292-110-010 Examples and FAQ's

Mr. Malarky presented the latest draft of the WAC 292-110-010 Examples and FAQ's. An audience member noted that on top of page 4, the word manufacturer missing the last "r". The Board discussed Question 14 regarding use of state resources to support charities. The Board decided to eliminate questions 21 and 22 regarding the solicitation of gifts related to charitable events. Member Vaché would like to see preparatory comments and perhaps cross-reference RCW and/or WAC, overall, prefers more information rather than less. Vice-Chair Scarbrough likes the draft FAQs and so does Member Basu. Bring back to April 12th EEB meeting
4. Draft Advisory Opinion # 01-2-0228-54 (02-01), Union Use of State Resources (includes line-out version)
Mr. Malarky presented. Vice-Chair Scarbrough feels that were there with this draft of the opinion. Ed Younglove representing the WFEA has concerns with narrow focus of the opinion and a specific sentence that deals with prohibited uses on page four. He suggests just eliminating the language.
Extensive Board discussion followed Several changes were made to the draft, including a suggested change from Carl Nagle (PRB staff). Kathy Cunningham representing Local 17, asked for clear understanding of summary.

5. Public Comment/Board Member Comments None

Break at 11:50

6. Executive Session

Began at 12:05 and ended at 2:15 p.m.


7. Miscellaneous Matters/Adjournment

Board announced a reasonable cause finding in EEB Case 01-23/01-52.

Board issued final orders in their request to review Executive Director dismissals of EEB Case 01-41 and 01-42.

Final Adjournment at 2:19 p.m.