2004-05-12 Board of Ethics Minutes REG pc

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SC: `Cause I understand what you're saying, but what's to say that somebody... another company can't come in and say, "Well, they're giving $5 gift certificates, maybe we can give $10 gift certificates. Perhaps, that'll influence the people, even though you say it won't. It won't change the system, it's just a perception. Mr. Ashida: Yeah, I don't know, this is all relatively new. SC: How to control every... where do you put the cap on it. CHAIR: As I read the County Code, I do not see it as a specific violation of the Code of Ethics. I don't see it either as it a conflict of interest, as it's stated. I just... like I said, I guess I have the nervousness, if you will, okay, if you pass on this now, will it open the door for other avenues of keeping them from of County services. But... SC: Perhaps for abuse or something? CHAIR: Yeah. On the other hand, I think our purpose here is to determine whether or not this is a violation of the Code of Ethics. And if you read the Code of Ethics, a very narrow vision, I do not see it being a violation of the Ethics. So, I guess we're at a position now for this Board to determine whether or not we're going to find this a violation of the Code of Ethics. BLT: Mr. Chairman, I think I'd to bring your attention to the section of the County Code, relating to the reporting of gifts. And under the section of items which are excluded from the reporting requirements, item number 5, and this may or may not be relevant. Item number 5 for things that you're even required to report is anything available to or distributed to the public generally without regard to the official status of the recipient. And they're saying if you get a gift because you are the mayor or you get the gift because you are an elected official, or you get the gift because you are the head of the department, then that's related to your official status. But if the gift is something that's give you in the same way that it's given to members of the public, you're not even required to report it as a gift. I just wanted to bring that to you attention. CHAIR: Thank you. A very pertinent point. I think that just backs up my belief, the issue is not a violation of the County Code of Ethics. It doesn't violate the reporting of gifts, I think the Corporation Counsel has been very careful in making sure that issue was looked at by the Ethics Board, without making the decision on his own. It hasn't changed my opinion about it not being an Ethics violation. 3]