Whistleblower Investigation Report

Department of Corrections
For the period July 1, 2014 through June 30, 2015

Published April 16, 2015
Report No. 1014026

Washington State Auditor
Troy Kelley
April 16, 2015
Bernie Warner, Secretary
Department of Corrections

Report on Whistleblower Investigation
Attached is the official report on Whistleblower Case No. 15-001 at the Department of
Corrections.
The State Auditor’s Office received an assertion of improper governmental activity at the
Agency. This assertion was submitted to us under the provisions of Chapter 42.40 of the
Revised Code of Washington, the Whistleblower Act. We have investigated the assertion
independently and objectively through interviews and by reviewing relevant documents. This
report contains the result of our investigation.
Questions about this report should be directed to Whistleblower Manager Jim Brownell at
(360) 725-5352.
Sincerely,

TROY KELLEY
STATE AUDITOR
OLYMPIA, WA
cc: Vicki DeBoer, Audit Director/Ethics Administrator
Governor Jay Inslee
Kate Reynolds, Executive Director, Executive Ethics Board
Josh Collette, Investigator

Insurance Building, P.O. Box 40021  Olympia, Washington 98504-0021 (360) 902-0370 TDD Relay (800) 833-6388

WHISTLEBLOWER INVESTIGATION REPORT
Assertion and results
Our Office received a whistleblower complaint asserting an employee at the Washington
Corrections Center for Women (correctional center) used state resources for non-work-related
activity. Specifically, it is asserted the subject used state resources to support his personal
business.
We found reasonable cause to believe an improper governmental action occurred.

Background
Consistent with the State Executive Ethics Board’s rule regarding use of state resources,
Department of Corrections’ employees are allowed very limited personal use of workplace
computers, electronic mail and Internet. The employee’s use must be infrequent or brief in
duration.

About the Investigation
We obtained a copy of the employee’s hard drive and email folders. We found the subject’s
personal use of email to be brief and infrequent, but his Internet browsing was not. The data
collected was sporadic relative to dates due to the Internet history files being overwritten through
the computer’s normal processes. Therefore, our review of the subject’s Internet use
encompassed 26 days between July 1, 2013 and October 31, 2013. The employee’s non-workrelated activity totaled 796 minutes, and included searches of classified and vendor websites.
Specifically, we found on July 24, 2013, the subject browsed websites searching for
lawnmowers, chainsaws and miscellaneous home improvement items for 66 minutes during a
two hour period.
During the week of July 28, 2013, the subject searched classified and vendor websites for 249
minutes. The browsing activity was as follows:
•

July 28, 2013: Searches for lawnmowers, trailers and tools for 50 continuous minutes.

•

July 29, 2013: Searches for lawnmowers, trailers, chainsaws and tools for 69 minutes
within a 90 minute period.

•

July 30, 2013: Searches for chainsaws and home improvement items for 73 minutes
during two separate periods within a 240 minute period.

•

August 1, 2013: Searches for tools for 57 minutes within a 90 minute period.

Washington State Auditor’s Office

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Also, the subject spent over 240 minutes during six days from September 20, 2013 through
September 30, 2013, searching websites for tractors, tools and miscellaneous home improvement
items. We found the employee’s browsing activity was not brief.
We found the employee has a license for a landscaping services business. During an interview
with the employee, he said he does not have a personal business and explained his tax accountant
recommended he obtain a business license in order to deduct expenses from his volunteer
activities. These activities include landscaping, carpentry and electrical services for his church,
homeowner’s association and charitable organizations. The employee said he also volunteers his
personal time and equipment to locate, cut and haul firewood for the sweat lodge located at the
correctional center.
The employee said he used his state computer during work hours for non-work-related activity.
He initially explained some of the activity was either because he was bored or was helping others
search for items on the Internet. He later said some of the activity was related to his volunteer
work at the correctional center. He also said he browsed websites to look for a chainsaw and a
trailer, both of which he used to supply wood for the correctional center.
We made several attempts to contact the subject’s former supervisor regarding our investigation;
our phone calls were not returned.

Agency's Plan of Resolution
The Department has determined that the allegations against our employee merit additional
review. Our plan of resolution includes a Just Cause investigation initiated by the Department of
Corrections to ascertain if any disciplinary action is warranted. The process will abide by
Collective Bargaining Agreement with Teamsters Local Union #117. Based on the outcome of
the Just Cause investigation, the appointing authority will determine the appropriate level of
action warranted.

State Auditor’s Office Concluding Remarks
We thank Agency officials and personnel for their assistance and cooperation during the
investigation.

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WHISTLEBLOWER INVESTIGATION CRITERIA
We came to our determination in this investigation by evaluating the facts against the criteria
below:
RCW 42.52.160 - Use of persons, money, or property for private gain.
(1) No state officer or state employee may employ or use any person, money, or
property under the officer's or employee's official control or direction, or in his or
her official custody, for the private benefit or gain of the officer, employee, or
another.
WAC 292-110-010 - Use of state resources
(2) The following are permitted uses:
(a) Use of state resources that is reasonably related to the conduct of
official state duties, or which is otherwise allowed by statute.
(b) An agency head or designee may authorize a use of state resources that
is related to an official state purpose, but not directly related to an
individual employee's official duty.
(c) An agency may authorize a specific use that promotes organizational
effectiveness or enhances the job-related skills of a state officer or state
employee.
(d) A state officer or employee may make an occasional but limited
personal use of state resources only if each of the following conditions are
met:
(i) There is little or no cost to the state;
(ii) Any use is brief;
(iii) Any use occurs infrequently;
(iv) The use does not interfere with the performance of any
officer's or employee's official duties; and
(v) The use does not compromise the security or integrity of state
property, information, or software.

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