1.            Roll Call - The meeting was called to order at 8:55 a.m.  Present were Chair Jim Vaché, Member Laquita Fields, and Member Paul Zellinsky.  Also in attendance: Executive Director, Brian Malarky; Board Counsel, Jean Wilkinson; Board Counsel Kent Nakamura; Investigator, Sue Jones; Investigator Linda Stark; Board Staff, Cynthia Castanares; Board Staff Debbie O’Dell.  Mr. Malarky announced that Senior Assistant Attorney General Kent Nakamura is replacing Ms. Wilkinson as Board Counsel.  Ms. Wilkinson has accepted a position with another division within the Attorney General's Office (AGO).  Mr. Nakamura is a 25-year veteran with the AGO and a member of the Licensing and Administrative Law division of the AGO in Seattle.

2.         Approval of Agenda - Motion was made, seconded and passed to approve the agenda with the textbook advisory opinion placed before the proposed stipulations and orders. 

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

1.         EEB Case No. 01-13  (Holford)  Mr. Holford, a former Department of Retirement Systems (DRS) employee, used confidential personal information that he gained through his employment with DRS to solicit business for himself in his private capacity.  In the proposed stipulation and order, Mr. Holford will pay a civil penalty in the amount of $1,500.00.  The Board agrees to suspend $750.00 of the civil penalty on the condition that Mr. Holford complies with all terms and conditions of the agreement and commits no further violations of chapter 42.52 RCW for five years.

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

2.         EEB Case No. 01-84 (Greenfield)  Mr. Greenfield, a former Department of Transportation (DOT) employee, used state resources, including state facilities, tools and equipment to store and work on his personal vehicles, used his state vehicle for personal purposes, and used his state computer, SCAN number and cellular telephone for personal use.  Prior to the Board initiating this complaint, Mr. Greenfield had resigned from DOT in lieu of agency action.  In the proposed stipulation and order Mr. Greenfield will pay a civil penalty in the amount of $2,500.00.  Mr. Greenfield also agrees to reimburse DOT $463.68 for the costs of his personal telephone calls.  The Board agrees to suspend $1,000.00 of the civil penalty on the condition that Mr. Greenfield complies with all terms and conditions of the stipulation and order and commits no further violations of chapter 42.52 RCW.

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

3.         EEB Case No. 02-47 (Ramyke)  Mr. Ramyke, a Department of Social and Health Services (DSHS) employee, used his state computer to access his home business website and several websites  which contained explicit sexual-content.  DSHS counseled Mr. Ramyke prior to the Board’s initiation of this complaint.  In the proposed stipulation and order Mr. Ramyke will pay a civil penalty in the amount of $750.00.  The Board agrees to suspend $250.00 of the civil penalty on the condition that Mr. Ramyke complies with all terms and conditions of this stipulation and order and commits no further violations of chapter 42.52 RCW.

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

4.         EEB Case No. 02-62 (Parr)  Ms. Parr, a Department of Labor and Industries (LNI) employee, generated and stored non-work related documents on her state computer, such as personal stories, a personal letter, family genealogy, an expense budget, a sports document and a personal photograph.  Ms. Parr also accessed her personal Yahoo account, the personal Yahoo account of a family member, and a Yahoo news message board with her state computer.  In addition, Ms. Parr sent 80 personal e-mails; accessed several Internet sites regarding figure skating; made over 500 personal calls totaling 28.46 hours.  Prior to the Board initiating this complaint LNI had reduced Ms. Parr’s monthly salary approximately 5 percent for a period of three months totaling $795.  In addition, Ms. Parr reimbursed the State for the personal telephone calls made on the SCAN system.   

            In the proposed stipulation and order, Ms. Parr will accept a letter of reprimand from the Board as authorized by WAC 292-120-020(1) and will pay a civil penalty in the amount of two hundred fifty dollars ($250.00).  The Board agrees to suspend the $250.00 civil penalty on the condition that the Respondent complies with all terms and conditions of this Stipulation and Order and commits no further violations of chapter 42.52 RCW.

Results: After considering the matter in closed session, the Board modified paragraph 4.1 to state:  “Ms. Parr

will also pay a civil penalty in the amount of five hundred dollars ($500.00).”  The Board also deleted the third sentence of paragraph 4.1; thus, no portion of the civil penalty is suspended.

5.         EEB Case No. 02-63 (Mitchell)  Ms. Mitchell, an employee of LNI, generated and stored non-work related documents on her state computer such as crochet instructions, two recipes, a personal check register spreadsheet, a personal workout spreadsheet, a resume and state job application for a family member, one joke and two personal letters.  On December 13, 2002, LNI issued a reprimand letter to Ms. Mitchell for her personal use of the state computer. 

            In the proposed stipulation and order, Ms. Mitchell will accept a letter of reprimand from the Board as authorized by WAC 292-120-020(1).  Ms. Mitchell will also pay a civil penalty in the amount of seven hundred fifty dollars ($750.00). 

            The Board agrees to suspend $250.00 of the civil penalty on the condition that Ms. Mitchell complies with all terms and conditions of this Stipulation and Order and commits no further violations of chapter 42.52 RCW.

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

6.         EEB Case No. 02-64 (Murphy)  Mr. Murphy, an employee of LNI, generated and stored non-work related documents on his state computer such as recipes, articles, personal letters, a personal finance spreadsheet and cartoons.  In addition, Mr. Murphy accessed over 25 Internet websites for non-work related purposes, had personal photographs stored on his state computer, accessed his personal hotmail account, and used the state e-mail system to send or receive over 240 e-mails regarding jokes, trivia, history, sports information. In the proposed stipulation and order, Mr. Murphy will accept a letter of reprimand from the Board as authorized by WAC 292-120-020(1).  Mr. Murphy will also pay a civil penalty in the amount of seven hundred fifty dollars ($750.00).  The Board agrees to suspend $250.00 of the civil penalty on the condition that Mr. Murphy complies with all terms and conditions of this Stipulation and Order and commits no further violations of chapter 42.52 RCW.

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

7.         EEB Case No. 02-65 (Smith) Ms. Smith, an employee of LNI, used her state-provided computer to send and receive over 650 personal messages during three month period.  Ms. Smith accessed a minimum of 20 non-work-related sites, including Key Bank, Twin County Credit Union, Las Vegas, Alaska Airlines and various retail merchandisers.  In addition, Ms. Smith stored a minimum of 60 personal documents on her state computer.  These documents included a sample wedding invitation, extensive party planning documents containing recipes for meals and libations, to-do lists, jokes, and a state application and resume belonging to a relative. 

            In the proposed stipulation and order, Ms. Smith will accept a letter of reprimand from the Board.  Ms. Smith will also pay a civil penalty in the amount of two hundred fifty dollars ($250.00).  The Board agrees to suspend the $250.00 civil penalty on the condition that Ms. Smith complies with all terms and conditions of this Stipulation and Order and commits no further violations of chapter 42.52 RCW.

Results: After considering the matter in closed session, the Board modified paragraph 4.1 to state:  “Ms. Smith will also pay a civil penalty in the amount of five hundred dollars ($500.00).”  The Board also deleted the third sentence of paragraph 4.1; thus, no portion of the civil penalty is suspended. 

1.         Advice Request # 01-2-1221-247 Draft Advisory Opinion Regarding Textbooks - See Agenda Item B above.

2.         Advice Request # 03-2-0129-011  Draft Advisory Opinion regarding Fish & Wildlife Commission member - Mr. Malarky presented a draft advisory opinion regarding a Fish & Wildlife Commission member who is also an "Alternate Operator" under a commercial fishing license owned by close relative.  After a brief discussion, motion was made, seconded and passed to adopt the EEB Advisory Opinion 03-05 with minor modifications.

The Board delayed the Executive or Closed session until completing Agenda Items E and F.

1.         Budget update

2.         Case status update and review

3.         Non-binding staff analysis

4.         Training Report - Ms. O'Dell

pointed out that Gail Swanson provided, on behalf of Mr. Malarky, ethics training on June 27, 2003 and will revise the report to recognize Ms. Swanson and the Employment Security Department.