9:00 a.m.
September 28, 1999
MINUTES - REGULAR MEETING
John A. Cherberg Building
Senate Hearing Room #4
Capitol Campus
Olympia, Washington
COMMISSION MEMBERS PRESENT
Susan Brady, Chair
Ronda Cahill
Gary Maehara
Christine Yorozu
STAFF PRESENT
Vicki Rippie, Acting Executive Director
Susan Harris, Assistant Director, Compliance & Enforcement
Karen Copeland, Assistant Director, Records & Administration
Nancy Krier, Assistant Attorney General
Steve Reinmuth, Assistant Attorney General
Ruthann Bryant, Secretary
The regular meeting of the Public Disclosure Commission was called to order by Commission Chair Susan Brady at 9:00 a.m. in the Cherberg Building, Senate Hearing Room #4, Olympia, Washington.
Minutes Commissioner Maehara noted that the draft minutes of the August 24, 1999 meeting contained a misspelling of his name.
MOTION 99-092 Moved by Commissioner Maehara, seconded by Commissioner Yorozu
The Commission adopts the minutes of the regular meeting of August 24, 1999, as amended.
The motion passed unanimously
.Citizen Comment/Concerns There were no citizen comments.
Commissioner Comments Commissioner Brady thanked Vicki Rippie and staff for a great job over the past month. Commissioner Brady also commented that the Supreme Court case regarding the State Republican Party went very well.
Commissioner Cahill saluted Mr. Milt Priggee, an editorial cartoonist with the Spokesman Review, for his cartoon highlighting the problems the Public Disclosure Commission is facing with trying to achieve adequate funding.
Election of Officers Moved by Commissioner Maehara, seconded by Commissioner Cahill:
MOTION 99-093 The Commission elects Ronda Cahill as Vice Chair, and Christine Yorozu as Secretary effective immediately.
The motion passed unanimously.
Personnel Ted Koska, Manager of Executive Search Services, reported on the search for a new executive director. He also introduced Judith Brighton, who is working on the search with him. Mr. Koska reported that 13 applications have been received to date and that the position is posted on a number of internet sites, including that of Executive Search Services and the National Caucus of State Legislators, the Council of Governmental Ethics Laws, the Federal Elections Commission and the City of Seattle.
Mr. Koska explained that RCW 42.17.310(1)(b) and (t) exempts from public disclosure the names of individuals who apply for public sector positions until such time as they are a finalist. He encouraged the Commission to keep the candidates’ identities as confidential as possible until someone actually accepts the position.
Commissioner Maehara asked if we are on target with the timeline that has been established.
Mr. Koska reported that the recruitment ends October 15 and the interviews are projected to take place on the 11th and 12th of November with a job offer being made on approximately December 1st.
Temporary Staff Duties Vicki Rippie requested Commission concurrence in temporarily reassigning Doug Ellis to an acting position to assume some duties in the public information and policy development area effective September 20, 1999.
The Commission agreed the reassignment was warranted.
Enforcement Matter Assistant Attorney General Steve Reinmuth introduced Kurt Bulmer, legal counsel for Grant Anderson. Mr. Reinmuth reported that staff and counsel for Mr. Anderson propose that Mr. Anderson admit to the following:
"(a) Failure to report the receipt of approximately $9,600 as car payments made by a friend during the calendar year 1994 in violation of RCW 42.17.241. Mr. Anderson contends and takes the position that these funds represented a gift; the PDC staff contends and takes the position that these funds represented compensation; both parties agree that whether the funds were a gift or compensation, they were reportable and that a failure to report their receipt constitutes this violation; and
(b) For the calendar years 1994-95, Grant Anderson failed to report the existence of the automobile loan from Sound Bank in Tacoma, Washington in the approximate amount of $21,500 in violation of RCW 42.17.241. Mr. Anderson contends and takes the position that this failure to report was the result of negligence and was unintentional.
The parties recommend and agree to a total fine of $2,500 for both violations."
Commissioner Cahill asked whether the Commission on Judicial Conduct removed in Mr. Anderson from the bench.
Mr. Bulmer reported that the Commission on Judicial Conduct recommended a four-month suspension, and by law there is a mandatory review by the Supreme Court, which changed the suspension recommendation to removal from the bench.
Commissioner Cahill moved that the term "Honorable" be stricken from in front of Mr. Anderson’s name on the stipulation and the $2,500 penalty be accepted. Seconded by Commissioner Yorozu:
MOTION 99-094 The Commission accepts the stipulation as amended.
The motion passed unanimously.
The Commission agreed that Acting Director Rippie was authorized to sign the order.
Executive Session The Commission met with staff and legal counsel in Executive Session to discuss pending and potential litigation and personnel matters.
Staff Reports
Acting Executive Director Ms. Rippie reported on efforts to implement E2SSB 5931, the new law relating to electronic access and filing. Approximately $414,000 has been appropriated to implement all of the provisions of the bill. However, no funds were included for implementing the provision that requires PDC to offer electronic filing to lobbyists. Two years ago it would have cost approximately $100,000 to develop software for record keeping and reporting of lobbying expenses.
Commissioner Brady, Ms. Rippie and Ms. Copeland attended a meeting with the Governor’s policy staff and the Department of Information Systems to determine if some assistance could be provided to PDC with respect to developing electronic filing for lobbyists. As a result, the Department of Information Systems has hired a consultant to work with PDC to determine what changes would be necessary to implement SB 5931.
With respect to the COGEL conference, Ms. Rippie proposed that Susan Harris and Karen Copeland attend, with the understanding that if a new executive director is hired and able to attend the conference, the new director and Susan Harris would attend. Ms. Rippie added that sufficient money is budgeted for this expense and requested the Commission’s concurrence.
MOTION 99-095 Moved by Commissioner Cahill, seconded by Commissioner Maehara
The Commission approves sending Susan Harris and Karen Copeland, or the new executive director, to the 1999 COGEL Conference.
The motion passed unanimously.
Compliance and Enforcement Susan Harris began by thanking the Commission for the opportunity to attend the 1999 Cogel Conference. Ms. Harris reported that with the election approaching, a great deal of compliance staff time is being spent on the phones answering public questions. She added that letters have been sent to public officials who failed to file their annual F-1 forms, giving them the opportunity to pay a penalty and file their forms before referring them for hearing. Over the next couple of weeks, she will be scheduling brief enforcement hearings with the Chair for those individuals who chose not to reply to the letter.
Records and Administration Karen Copeland updated the Commissioners on the progress of the current Electronic Filing and Access Project. She said the campaign finance filing software (WEDS) is being used by filers to file campaign finance reports electronically. She noted that campaign contribution and expenditure information transfers electronically, however, there are some other fields that are not filling in and SDR is current working on that problem.
Ms. Copeland distributed an updated performance report for the month of September 1999 showing the attempts staff has made to meet the goals set out in Senate Bill 5931, which states that reports filed electronically are to be transmitted to the Internet within 7 business days and those filed on paper are to be posted on the web site within 14 days. She said that for the most part, the goals are being met.
Attorney General Assistant Attorney General Nancy Krier reported on a legal action involving the Association of County Officials, noting that the petition for review by the Washington Supreme Court was denied and that the Court of Appeals decision stands.
Adjournment The next meeting will be held on October 28, 1999, with the final meeting of the year scheduled for December 3, 1999. The September meeting was adjourned at 11:40 a.m.
Minutes approved by the Commission: October 28, 1999