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CHAIR: The Chair votes aye. Passed. Communication 2004 -3 is a letter from <br />Thomas Russi and Christine Paul. It includes a letter from the <br />Ombudsman withdrawing their complaint against the... concerning the <br />Board of Ethics, County of Hawaii, in regards to be put on our agenda <br />and hear such. I need a statement of a motion to accept and file. <br />SC: I make a motion to accept and file Communication 2004 -3. <br />KI: I second. <br />CHAIR: For the record, before we take the vote, is a letter from Joel Gimpel, <br />relative to this. Mr. Gimpel's opinion, in effect, says he doesn't see a <br />problem with it as long as there are no gifts that follow, so forth down <br />the line. I'm sorry, I'm sorry, I'm getting ahead of myself. <br />SC: That's for the... yes. <br />CHAIR: I'm ahead of myself. I withdraw that portion. All in favor of accepting <br />and filing 2004 -3. <br />SC: Aye <br />KI: Aye. <br />CHAIR: The Chair votes aye. It is passed. So, now, New Business. Petition <br />2003 -09 from Mr. Andrew Levin. Are there any questions? Our <br />looking into the proposition that he proposes to give flyers from AT &T <br />to County Department Heads at a cabinet meeting. And his letter <br />says: <br />" I would appreciate your letting me know whether it is permissible to <br />distribute the enclosed flyer, either through the department heads or in <br />any other manner. I have no financial interest in AT &T nor would I <br />benefit in any way if any government employee signed on for AT &T <br />Wireless Service." <br />This is in regard to a program that AT &T is offering to County <br />employees... Hawaii County and State government employees. The <br />flyer is attached. Mr. Gimpel, who's not here with us today, did submit <br />a written indication of his preferences and it basically comes down to: <br />"In my opinion, the offer of the "privilege" came from AT &T, and was not <br />solicited by a County employee. Nor does the privilege hinge on a <br />County employee's "official position" other than the fact of County <br />employment. Furthermore, similar discounts are often available to the <br />general public. Accordingly, distribution of the flyer by a County <br />employee should not constitute a violation of Section 2- 83(b). If, <br />however, the receipt of the "privilege" constitutes, in a particular case, <br />