Regular Meeting Minutes

May 9, 2003 at 10:30 A. M.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

MEETING LOCATION

2425 Bristol Ct SW

First Floor Conference Room 148

Olympia

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

A. Preliminary Business

 

1.            Roll Call - The meeting was called to order at 10:40 a.m.  Present were Chair Jim Vaché, Member Paul Zellinsky, and Member Laquita Fields.  Also in attendance: Executive Director, Brian Malarky; Board Counsel, Jean Wilkinson; Board Staff, Sue Jones and Debbie O’Dell.

 

2.            Approval of Agenda - Motion was made, seconded and passed to approve the agenda with an addition of Board review of a request to pre-approve similar contracts. 

 

3.            Approval of April 11, 2003 Regular Meeting Minutes - Motion was made, seconded and passed to approve the February 14, 2003 minutes with minor changes.

 

            Chair Vaché asked that Board Staff add discussion about providing clear guidance to others in Board stipulation and orders.

 

B.   Proposed Stipulations and Orders

 

1.            EEB Case No. 01-14 (VanderSluis) – At the April 11^th meeting, the Board tabled their decision in this matter.  The Executive Director provided copies of the agency’s preliminary investigation report in this matter.

 

            Results: After considering the matter in closed session, the Board accepted the proposed stipulation and order without modification.

 

2.            EEB Case No. 01-80 (McNair) – The Board’s Investigator, Ms. Jones, briefed the Board members regarding this matter, which was referred by the State Auditor.  The Board staff’s investigation found that Mr. McNair used student labor and college-furnished parts to rebuild motor vehicle parts for personal benefit and the benefit of others.  Power Columbia Community College disciplined Mr. McNair for his conduct and imposed reimbursements in the amount of five hundred and fifty ($550.00).  The proposed stipulation and order imposes a civil penalty of seven hundred and fifty dollars ($750.00) with two hundred and fifty dollars ($250.00) suspended.

 

            Results: After considering the matter in closed session, the Board accepted the stipulation and order without modification.

 

3.            EEB Case No. 01-25 (Portin) - The Board’s Investigator, Ms. Jones, briefed the Board members regarding this matter, which was referred by the State Auditor.  The Board staff’s investigation found that Ms. Portin authorized Department of Corrections (DOC) employees’ to park private vehicles in parking spaces leased for agency-owned vehicles.  The proposed stipulation and order imposes a letter of instruction from the Executive Ethics Board.

 

            Results: After considering the matter in closed session, the Board accepted the proposed stipulation and order without modification and Chair Vaché signed the letter of instruction to Ms. Portin.

 

C. Advisory Opinions

 

1.         Advice Request No. 01-247, Sale of Evaluation Textbooks - Mr. Malarky briefed the Board members regarding a reoccurring request from stakeholders regarding the re-sale of evaluation textbooks.  After discussion, the Board asked the Executive Director to circulate a copy of the decision memorandum to stakeholders and invite comments for the June meeting.

 

2.         Advice Request No. 03-019, Modification to the Union Use of Facilities Opinion – Mr. Malarky presented a draft amendment to Advisory Opinion 02-01 regarding the use of state resources to support union activity.  The amendment would state that activity which advocates a certain outcome in a Union election violates the Ethics in Public Service Act.  After discussion, the members asked that the Executive Director circulate the draft amended opinion to stakeholders, including agency directors, human resources managers, and unions, and bring the draft back to the June meeting for final approval.  The Board asked that stakeholders limit any comments to the effect of existing labor laws or first amendment free speech guarantees on the opinion.  Gladys Burbank with the Washington Federation of State Employees made several brief comments.

 

E.  Policy Review (Taken out of order)

 

1.         Contract Approval Request # 03-3-0310-005, (Riley) - Board staff presented a request for approval of a group of similar contracts from Brian Riley at the April 11^th meeting.  Board members asked that the request be tabled pending Board staff’s research for additional information.  Mr. Riley, appearing in person, provided answers to many questions from the Board members.  Board members decided to table until next meeting for input from absent member, Marilee Scarbrough.

 

Break 11:55 – Noon

 

1.         Policy Review Request 03-007, Office of the Attorney General, “Use of State Resources” - The Board members were uncomfortable approving a policy with a reference to another agency policy that has not been approved by the Board.  The Board tabled the request pending official receipt of the Attorney General’s Internet Services Use policy.

2.         Policy Review Request 03-009, Employment Security Department, “Use of Department Information Technology” – Motion was made and seconded to approve the policy as written.

 

D.        Executive or Closed Session (and working lunch)

 

            At 12:22 p.m., the Board moved into closed and executive session to consider complaints against public officials and to discuss pending litigation with counsel.  The Board, Board Counsel, Board Staff, and Staff Counsel attended the executive session.  The Board then moved into closed session to deliberate quasi-judicial matters.  The Board and Board counsel attended the closed session.

 

            After reconvening the public session at 1:25 p.m., the Board members took the following actions:

            (a)        Accepted the proposed stipulation and order in EEB Case 01-14,

            (b)        Accepted the proposed stipulation and order in EEB Case 01-80, and

            (c)        Accepted the proposed stipulation and order in EEB Case 01-25 and signed the appropriate documents.

 

F.   Staff Report

 

1.            Proposed Legislation Update – Mr. Malarky briefed the Board members regarding pending legislation.  The Board supports a veto of any permanent changes to gift provisions in chapter 42.52.RCW as adopted in SB 5996.

 

2.            Budget update - Mr. Malarky briefed the Board members regarding the status of the budget.  The Board asked the Executive Director to draft a letter for the Chair’s signature to the Attorney General requesting that the Board’s funding remain unchanged in Fiscal Year 2004 and 2005. 

 

3.            Case status update and review - The Board reviewed a graphic representation of the current case status, including pending cases.

 

A.     Public Comment/Board Member Comments

None.

 

H. Miscellaneous Matters/Adjournment

 

There being no further business, the meeting adjourned at 1:15 p.m.