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Merit Appeals Board
<br />December 16, 2021
<br />I mean, `cause I understand, Gabe, I'm really grateful and thankful that you are part of this now.
<br />But at a certain point that we have a discussion that it's okay and no one needs to be—has a
<br />conflict of interest based on our agreement—but then, at what point does it turn into"Oh, wait
<br />a second, that might be a little closer than this group might consider."
<br />MR. YOSHIMOTO: Okay. So, under the Code of Ethics there's protocols and procedures as far
<br />as determining whether someone would have or may have a conflict of interest. So, I can have
<br />that discussion with each Board member individually under attorney-client privilege, so we can
<br />talk about that.
<br />But, generally speaking, it would be something that is, again, specific to the particular situation,
<br />whether between the individual and the matter at -hand. And so, sometimes it rises to the level
<br />where the recommendation would be to seek the opinion of the Board of Ethics to get absolute
<br />clarity because it's the Board of Ethics that can give a definitive resolution or answer on how to
<br />proceed.
<br />In this case, the Chair did that and, therefore, in this particular case she's no longer recusing
<br />herself from the process. So, the record can reflect that based upon the opinion that was
<br />provided to her by the Board of Ethics.
<br />For other Board members, with conflicts of interest, some things are not always readily apparent
<br />at the beginning. So, at any time in the process, if there are concerns about issues regarding your
<br />roleI mean, yeah, feel free to reach out to me and we can, again, have that conversation.
<br />And then, of course, the process may involve—depending on what the situation is, disclosure
<br />and/or whether you need further clarification from the Board of Ethics.
<br />Again, our office is able to provide you with an initial opinion. But the usual—not the usual
<br />but the standard practice of protocol is to seek the advice of the Board of Ethics if there is
<br />something that is, of course, that needs their input, yeah. So, it depends on a case-by-case basis.
<br />So, the advice, again, is if there're any issues that come up, we can discuss it here or we can,
<br />again, discuss it individually that's up to them. But—so this is an opportunity that the Chair
<br />has offered to the Board members to make sure that they're okay with the Chair now
<br />participating in the recruitment and examination process.
<br />I want to make sure that the record is clear that when she recused herself, initially, it was out of
<br />the abundance of caution—making sure that the process is appropriate, which she did. And then,
<br />now that she has the opinion, she's ready and able to proceed—subject to, of course, any
<br />concerns by any Board members today.
<br />MR. KUNZ: Thank you.
<br />CHR. CABANAS: So, thank you, J, for your clarification. And I just want to thank my fellow
<br />Board members for their patience and understanding as to why I did what I did, by going to the
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