The Executive Ethics Board convened in regular session at 10:35 a.m. at 12806 Gateway Drive, L&I Field Service Facility, Tukwila, Washington.

Cheryl Rohret, Chair

Laquita Fields, Board Member

James Vache, Board Member

Janet Lim, Board Member

Brian Malarky, Executive Director

William Collins, Counsel to the Board

Jerri Thomas, Counsel to Executive Director

2. Presentation of Stipulation and Order in EEB Case No. 98-17

Counsel to Executive Director Jerri Thomas presented background information on the case and a proposed Stipulation and Order to resolve the matter. The settlement included an admission that while he was a National Guard Association of Washington (NGAW) member the former Washington State Adjutant General, Major General Barlow, signed a contract between the Washington State National Guard and the NGAW, in violation of 42.52.030(3). The contract allows NGAW to operate Camp Murray Beach recreational facility. General Barlow agreed to pay a $1,000.00 civil penalty in the matter.

3. Presentation of Stipulation and Order in EEB Case No. 00-12

Counsel to Executive Director Jerri Thomas presented background information on the case and a proposed Stipulation and Order to resolve the matter. The DOT employee acknowledged sending 20 personal e-mail messages from a state computer.

4. Presentation of Stipulation and Order in EEB Case No. 00-33

The Executive Director presented background information on the case and a proposed Stipulation and Order to resolve the matter. The investigation found that the Washington State Primary Voters Pamphlet contained photographs of Orca whales, including printed credits, taken by a private photographer who was also a Democratic Party candidate for San Juan County Commissioner. The Photographs were used as "filler" for otherwise unused page space in voters’ pamphlet. Secretary Munro acknowledged his personal responsibility, but denied any intent to violate RCW 42.52. In addition to reimbursing the Board for the cost of its investigation ($500.00), Secretary Munro proposed procedural changes in the publication of statewide voters’ pamphlets to ensure no such conflicts in the future.

5. DRAFT Advisory Opinion 00-13

This request asks whether a former "project leader" state employee with the Department of Fish and Wildlife (WDFW), assist a new employer to complete the project under a new contract. The former employee was a project leader for various federally funded projects in the Columbia Basin. As team leader, the former project leader was responsible for developing the work plan and budget, supervising the field work, analyzing the data, writing interim and annual reports, and overseeing the work of subcontractors. The former project leader left state employment and took a job with Golder Associates. The question is whether Golder can enter into a contract with WDFW to have the former project leader complete the salmon run project.

The Board's discussion reflects concern with a perception of "leverage" where the former WDFW employee possesses unique and specialized knowledge that, upon his resignation, becomes a profitable asset for the private contractor. This leverage effectively forces WDFW to engage contractor to avoid the higher costs of recreating the specialized expertise necessary to complete the project—to avoid economic inefficiency. It is not apparent whether subject (former employee) demonstrated any intent to capitalize on opportunity to leave state service and potentially profit from it. Board concludes that former employee may proceed with work under private contractor. Advisory Opinion 00-13 will be revised to reflect concerns and discussion.

6. DRAFT Advisory Opinion 00-14

This request concerns service by a state employee on a board of an organization that applies for funding from the state. The opinion was held over from the October 13, 2000 meeting, at which the Board decided not to issue an opinion because the request had not included enough information for the Board to render an opinion. The Board generally agreed with the opinion as written but suggests a language revision.

Election of new officers held. James M. Vaché unanimously voted in as the new Chair. Laquita Fields unanimously voted in as the new vice-chair.

The Executive Director provided a draft of two CR101's (Rule Making Notice). The proposed rules changes will be reviewed at the January meeting. For rulemaking meetings, Mr. Malarky suggested that the majority of interested stakeholders are in Olympia, therefore, as a matter of policy, rulemaking meetings should be held in Olympia. The Board agreed that some regular meetings should occur in Eastern Washington (Spokane and Yakima).

The Executive Director discussed several revisions of internal office procedures. All correspondence will be docketed." Incoming complaints will be docketed, but not receive case numbers unless the case is moved forward for investigation.

After discussion, the Board approved a Meeting Schedule for 2001. The schedule will be filed with the Office of the Code Reviser in December.

8. PUBLIC COMMENTS/BOARD MEMBER COMMENTS

No members of the public spoke.

The Stipulation and Order in EEB case No. 98-17 (Barlow) was accepted without modification.

The Stipulation and Order in EEB case No. 00-12 (Brubaker) was accepted with modifications. The Board added a $500.00 civil penalty and other modifications.

The Stipulation and Order in EEB case No. 00-33 (Munro) was accepted without modification.

The public meeting adjourned at 2:37 p.m.

Approved by the Executive Ethics Board on January 11, 2001.

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James M. Vaché, Chair

Date: ______________________________