COMPLAINT 2006 – NO. 11

In Re Haugen, Murray and Woods

JURISDICTION DETERMINATION – ORDER OF DISMISSAL

November, 2006

1.         History and Nature of the Complaint

The complaint was received on October 23, 2006 and considered by the Board at a regularly scheduled meeting on October 26. The Complainant alleges that Senator Mary Margaret Haugen, Representative Ed Murray and Representative Beverly Woods (Respondents) violated RCW 43.09.470 when they met with the State Auditor and “berated” him for his actions relative to an audit of the State Department of Transportation. RCW 43.09.470 directs the Auditor to conduct independent and comprehensive performance audits of state and local government. The provision of that law cited by Complainant provides as follows:

            “No legislative body, officeholder, or employee may impede or restrict the authority of the actions of the state auditor to conduct independent, comprehensive performance audits.”

2.         Jurisdiction

RCW 42.52.320(1) limits the jurisdiction of the Legislative Ethics Board.

            The legislative ethics board shall enforce this chapter and rules adopted under it with respect to members and employees of the legislature.

This “chapter” is in reference to the Ethics in Public Service Act, chapter 42.52 RCW.

3.         Order

The complaint is dismissed for lack of jurisdiction.

Wayne Ehlers, Chair

Date: