EXECUTIVE ETHICS BOARD
REGULAR BOARD MEETING MINUTES
The Executive Ethics Board convened in Regular Session at , at the Office of the Attorney
1. PRELIMINARY BUSINESS
a. ROLL CALL
Vice Chair Rohret, Board Members
Foyd, Gillie, and Basu were present.
Chair Lim had an excused absence.
Also present were Executive Secretary Meg Grimaldi,
b. APPROVAL OF AGENDA
Board Member Foyd moved to approve the agenda as amended. Board Member Basu seconded the motion and the Board unanimously approved the agenda.
APPROVAL OF MINUTES
FROM REGULAR MEETING ON
Vice Chair Rohret noted two corrections to the minutes: (1) the insertion of the word “opinion” before “expresses the Board’s view” in the last sentence of page 1; and (2) the insertion of the word “meeting” after the words “rescheduling the September” on page 5.
Basu moved to approve the
2. REQUESTS FOR ADVISORY OPINION
a. Draft Advisory Opinion 99-07 - Request relating to conflict of interest. Ms. Grimaldi reviewed the draft advisory opinion which responded to three questions posed by the Public Works Board: 1) May Public Works Board members rely on Advisory Opinion 98-08 and recuse themselves from discussion and voting on matters on which there is no existing conflict of interest in order to preserve potential future business opportunities? 2) Does the fact that general public members of the Public Works Board or their employers must, by law, engage in competitive bidding or in competitive selection for public work projects, make members less susceptible to conflicts of interest under the state's ethics law? 3) To what extent are potential conflicts of interest issues mitigated by the fact that 80 percent of projects approved by the Public Works Board are subject to legislative review and approval? This opinion concluded that the boards and commissions, including the Public Works Board, covered under RCW 42.52.903, could rely on Advisory Opinion 98-08 for guidance; that competitive selection and competitive bidding were not sufficient to overcome the prohibitions under RCW 42.52.030, and RCW 42.52.040; and, that legislative oversight does not mitigate conflicts of interest.
Discussion followed. Board members asked for the following 2 corrections to the draft advisory opinion: Page 1, number 3 under the Issues Section, delete "To what extent" and capitalize the "A" on "are." The second correction was on Page 2, number 1 under the Analysis Section, 1st paragraph after the question, line 5, delete "a" and in line 6, delete "to" and add the word "is" in its place.
Board Member Foyd moved to approve Advisory Opinion 98-07 as corrected. Board Member Basu seconded the motion and the Board unanimously approved.
b. Draft Advisory Opinion 99-08 - Request relating to the application of RCW
42.52.190(1), to the automatic reinvestment of dividends from stock
Board Member Foyd moved to approve Advisory Opinion 99-08 as corrected. Board Member Basu seconded the motion and the Board unanimously approved.
3. POLICY REVIEW -
Ms. Grimaldi reviewed proposed
administrative rules that would provide guidance to Public Works board members
and staff on disclosure and recusal to resolve conflicts of interest; policies
for post-employment guidelines; acceptance of honoraria; and, assisting in
Board Member Basu moved to approve policies. Board Member Foyd seconded the motion and the Board unanimously approved.
4. CONTRACT/OUTSIDE EMPLOYMENT - Contract
Board Member Foyd moved to approve
the contract between HRPG and
Prior to the presentation of proposed Stipulations, the Board agreed to defer deliberation on the Stipulations to the Executive Session.
a. EEB Case No. 97-14 –
b. EEB Case No. 98-22. Item deleted.
c. EEB Case No. 98-26 - Ms. Grimaldi presented the proposed Stipulation in EEB Case No. 98-26 that would resolve allegations that a state employee had used state resources to perform outside legal work. The Stipulation proposed a letter of direction.
d. EEB Case No. 99-01 - Ms. Grimaldi presented the proposed Stipulation and Order for EEB Case No. 99-01 resolving allegations that state employee used of state resources to benefit a non-profit organization. Under the Stipulation, the employee agreed to pay a civil penalty in the amount of $3000.
STAFF BRIEFING -
Training. Due to continuing concerns about the EEB
budget, the Attorney General's Office denied approval for the development of
Internet-based ethics training.
Awards for Excellence in
Calendar for Meetings in 2000. The proposed calendar was submitted for the Board's review. Board members agreed that meetings would commence at
Rohret and Board Member Basu both announced that they will be unable to attend
the October Meeting.
PUBLIC COMMENTS/BOARD COMMENTS
Vice Chair Rohret called the Board
into Executive Session to discuss Board enforcement actions. The Executive Session convened at and ended at
REGULAR MEETING RESUMED - The Board approved the Stipulation and Order for EEB Case No. 97-14 without modification. The Board modified the Stipulation and Orders in EEB Case No. 98-26 and EEB Case No. 99-01, to include a requirement that both respondents attend ethics training conducted by the Board’s Executive Secretary within six months.
Board Member Basu announced she would attend the COGEL Conference in December 1999.
The public meeting adjourned at
Approved by the Executive Ethics Board