Special Meeting Minutes
First Floor Conference Room 148
A. Preliminary Business
1. Roll Call - The meeting was called to order at Present
were Chair Jim Vaché, Vice-Chair Marilee Scarbrough, Member Paul Zellinsky,
and Member Laquita Fields. Also in
attendance: Executive Director,
2. Approval of Agenda - Motion was made, seconded and passed to approve the agenda as presented.
3. Approval of May 9, 2003 Regular Meeting Minutes - Motion was made, seconded and passed to approve the May 9, 2003 minutes as presented.
B. Proposed Stipulations and Orders
1. EEB Case No. 01-49 (Parr) –
Recognizing that she is personally
responsible for her conduct,
Results: After considering the matter in closed session, the Board accepted the proposed stipulation and order without modification.
C. Board Discussion of the Content of Proposed Stipulations and Orders
Chair Vaché provided background information
from district court judge conference and from
udicial onduct ommission. Member Scarbrough asked if there is anyway we
could structure stipulations so that readers will have a full picture and
would like to see a clear connection between facts and the law.
Member Zellinsky commented that he feels the stipulations need to remain simple and we need to have a stronger disclaimer. Chair Vaché indicated that the Board may consider redacting information from stipulations and orders.
Member Zellinsky suggested that if we can't provide the needed the information in stipulation, then perhaps we should go to hearing instead.
Member Scarbrough commented that while
she is not too concerned with interpretation of Ethics Act, the ethics advisors
and the public may need clarifying stipulations. She indicated that the Executive Director should
clarify with ethics advisors.
D. Advisory Opinions
Advice Request 01-2-1221-247
Member Zellinsky noted that prohibiting the sale of textbooks wouldn’t ban the teacher from donating books, this opinion deals with the specific issue of taking books and selling them.
the Board coming from. Does the Board believe that the books the property
of the state?
Chair Vaché noted for the record that
he is a tenured professor who has served for 27 years and has never sold a
textbook. He asked
that it’s a minor issue. the sale of over 50 books per year.
Reality is that it’s not a big issue.
The bigger issue for him is who owns the book?
Vice Chair Scarbrough asked for clarification
on the alternate suggested and noted that under this alternative each college
would have a different policy.
The Board took a brief break from until
After additional discussion, the Board
Advice Request 03-019, Modification to the Union Use of Facilities
Opinion - In response to the Board's solicitation for comments to key stakeholders,
received three separate letters with written comments regarding union use
of state resources. In addition, stakeholders
were invited to attend today's meeting and provide verbal comments.
The following is a summation of the verbal comments and Board discussion. ot a private a business when dues are
used to employ
staff and pay supplies.
The draft opinion will make the issue more problematic.
Member Zellinsky asked at what point
allow employees to personally pursue interests in the
Member Scarbrough noted that the inference from your comments is that co-workers couldn’t have a conversation about union. Our advisory opinion addresses advocacy.
After some additional discussion, the
Board instructed the Executive Director to bring a draft amended opinion to
the July meeting with language that allows de minimis use by
E. Policy Reviews and Contract Approval Requests
1. Policy Review Request 03-007, Office of the Attorney General, “Use of State Resources” and “Internet Services Use” - Motion was made, seconded and passed to approve the policy as presented.
2. Policy Review Request 03-12, Department of Natural Resources, “Use of State Electronic Communications Systems” - Motion was made, seconded and passed to approve the policy as presented. The Board thanked DNR management for providing a method to reimburse the state for emergency use of a state cell phone.
3. Policy Review Request 03-10, Health Care Authority, “Using Information Technology Assets” and “Using Cellular Phones” Policies - Motion was made, seconded and passed to approve the policy as presented.
4. Contract Approval Request 03-008, (Field), Department of Health – The Board asked for additional information and tabled this matter until the next Board meeting.
F. Executive or Closed Session (and working lunch)
At , 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, and Board Staff attended the executive session. The Board then moved into closed session to deliberate on quasi-judicial matters. The Board and Board Counsel attended the closed session.
After reconvening the public session at , the Board accepted the proposed stipulation and order in EEB Case 01-49 and signed the appropriate documents.
G. Staff Report – The Board tabled the staff report until next meeting.
H. Public Comment/Board Member Comments – There were no public comments.
I. Miscellaneous Matters/Adjournment - The meeting
was adjourned at