May 11, 2001

The Executive Ethics Board convened in regular session at 11:03 a.m. at Attorney General Lee Ann Miller Conference Center located at 4224 6th Ave SE Bldg 1 (Rowe 6) in Lacey, WA.


James M. Vaché, Chair

Cheryl Rohret, Board Member

Marilee Scarbrough, Board Member

Also Present:

Brian Malarky, Executive Director

William Collins, Counsel to the Board

Jerri Thomas, Counsel to Executive Director

1. Preliminary Business

a. Roll call - Board members James Vaché, Cheryl Rohret, and Marilee Scarbrough were present.

b. Approval of Agenda - The Agenda was approved.

c. Approval of Minutes From April 20, 2001, Regular Meeting - Executive Director, Brian Malarky asked that the word "urged" be replaced with "asks" on page four. James Vaché asked to delete language after comma under item 11(h). Member Rohret moved and Member Scarbrough seconded a motion to approve minutes with changes. Motion passed.

  1. Rules Hearing - Proposed Amendments to WAC 292-100, 292-110, and 292-130

WAC 292-100-007 – Executive Director Malarky noted that Board Member Rohret had asked to add a definition for "board counsel" and Bill Collins, Board Counsel, indicated that it’s not necessary.

WAC 292-100-010 – No changes

020 – No changes

030 – No changes

040 – No changes

041 – No changes

042 – No changes

045 – Chair James Vaché asked if we could have a cross-reference to statutes for those who are conducting research.

046 – No changes

047 – No changes

050 – No changes

060 – No changes

080 – Chair Vaché asked if other enforcement boards and commissions delegate the authority to subpoena during a pending investigation. Board Counsel Collins pointed out that Board members could be "contaminated" if the Executive Director or prosecutor had to present investigation material in order to obtain a Board members signature on a subpoena. No changes were adopted from the proposed rule.

100 – No changes

110 – No changes

130 – No changes

140 – No changes

160 – No changes

170 – No changes

175 – No changes

180 – No changes

190 – No changes

200 – No changes

WAC 292-100-210 – Board Counsel Collins proposed that the word "served" be changed to "filed" and then insert "served" before "…on all parties…". Gail Swanson (ESD) stated that the word "served" in line 5 should be changed to "filed".

Board Counsel Collins proposed a revised sentence - (2)"Any party may make a motion for reconsideration of a final order of the Board as provided in RCW 34.05.470. The request for reconsideration shall be filed at the Office of the Board and served on the parties no later than ten days after service of the final order. A request for reconsideration shall specify the grounds."

292-110-050 – No changes

292-110-060 – No changes

292-130-020 – No changes

030 – No changes

040 – No changes

060 – Jerri Thomas, Counsel to the Executive Director, stated that the title "Index" should be changed to reflect old and new indexes. Executive Director Malarky suggested inserting the word "prior" to 2000 index and the word "after" to indicate which index is old and which one is new.

065 – No changes

070 – No changes

080 – No changes

130 – Chair Vaché indicated that the word "office" should be changed to "Board".

Gail Swanson (ESD) – stated that 130-020 versus 130-080 should reference office hours and hours of operation. She recommended that in WAC 292-130-020 insert "…the public office hours are 9:00 a.m. …". Ms. Swanson (ESD) also noted that in WAC 292-130-130(3)…"would be" should not have been deleted. Ms. Swanson also stated that the Governor’s executive order directs that executive branch agency office hours are 8:00 a.m. to 5:00 p.m.

Board Member Scarbrough proposed general office hours from 8:00 a.m. to 5:00 p.m. and office hours for public record requests (from "walk-in" individuals) from 9:00 a.m. to 4:00 p.m. The Board accepted this suggestion.

BREAK at 12:04 p.m.


Chair Vaché proposed closing testimony and the public hearing. Mr. Vaché proposed adopting the rules as changed. Member Rohret moved and Member Scarbrough seconded.

Board Counsel Collins asked how would the changes affect existing cases. Thirty-one days after filing changes with Code Reviser, changes become effective.

Claudia Beyer (HCA) asked how would affected parties be notified. Executive Director Malarky indicated that notification would be by mail.

The Board suggested adding 292-100-220, new section "When WAC 292-100-007 thru 191-110 go into effect, they will apply to all pending cases".

Member Rohret moved to add the new section and Member Scarbrough seconded. Motion passed.

3. Draft Advisory Opinion Request # 01-2-0503-98 Receipt of Gifts By State Officers, Repayment at Face Value of Gifts from Agency Vendors.

This advisory opinion arises from an issue referred to the Board by the Washington State Auditor (Auditor). The Auditor found that an agency director accepted event tickets from an agency vendor. The agency head paid for the event tickets at the face value. However, the event seats were located in the vendor's private suite and were unavailable to the general public.

The Board has never issued an opinion regarding the receipt of event tickets that are not available to the public. Therefore, Board staff proposes that the Board issue a general advisory opinion regarding this issue. Based upon that opinion, the Board staff can review the specific facts at issue in the Auditor's referral and recommend specific action to the Board. Executive Director Malarky presented an analysis.

Member Rohret indicated that section four employees should not accept the gift. Payment of the event ticket value does not eliminate the "favor". Chair Vaché agreed with Member Rohret. Mr. Vaché suggested that the burden should be placed on the individual to prove that the value of a "favor" is under $50. If not able to prove under $50, the individual should not accept the favor. Harvey Gertson (DOT) commented that while, in their agency’s case, if Boeing offered Sid Morrison a favor, it could mean that Boeing would expect better roads in front of their building.

4. Policy Reviews

a. HCA - #01-6-0315-64 "Accepting an Honorarium"

Approved without objection

b. HCA - #01-6-0316-65 "Assisting in Transactions"

Approved without objection

c. OIC - #01-6-0412-92 "Ethics" accept as written and come back at another meeting to discuss issues brought up by board and audience.

Approved without objection

5. Staff Report

a. Case Status Report

b. New Approach to Ethics Training

c. Agency Ethics Investigation Training

d. 2002 State Ethics Conference - Scheduled for July 2002. There may be a cash contribution from the EEB. The main speaker is Weyerhaeuser's Ethics Officer. Executive Director Malarky will conduct training on interview techniques. One agenda item will include technology. Chair Vaché directed the Executive Director to offer time for Board members from different groups to meet and have "hallway conversations". Cheryl wants an agenda. Marilee suggested "Forum of Common Issues".

6. Proposed CR101's

a. WAC 292-110-010 - "De Minimis" Use – Jerri Thomas, Counsel to the Executive Director suggests that we include clarifying the prohibitions in (b). Gail Swanson (ESD) suggests including the words "but not limited to".

b. WAC 292-120 - Penalty

7. Scheduling Issues

a. Retreat

b. Spokane and Yakima meeting

c. Hearing regarding "De Minimis" use and union rules

d. EEB Case No. 99-14 (Casey) hearing set for September 12

and 13

Executive Director Malarky indicated that July meeting should be held in Olympia.

8. Public Comment/Board Member Comments

The Regular meeting ended at 1:38 p.m.

9. Executive Session

The Board met in Executive Session from 1:39 p.m. to 1:57 p.m.

10. Miscellaneous Matters/Adjournment

The Meeting adjourned at 1:58 p.m.





James M. Vaché, Chair


Date: ______________________________