2004-11-10 Board of Ethics Minutes REG pc

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about before you are not ethical violations, they're background to the ethical violation. Now, to be absolutely clear that when Mr. Manago went to meet with Mayor Kim, he had no authority from the Commission to do so because there was simply no vote. Now, furthermore, Mr. Manago felt... and I don't question Mr. Manago's intentions, I think he had very good intentions. What Mr. Manago doesn't understand is his role as a Police Commissioner and his obligation to follow the law. That's all that I'm saying, I'm not questioning his character. In this situation, Mr. Manago stated to me, the night before he went to the Council, over the telephone, that he was going to make these recommendations to the... I think it was the Finance Committee of the Council. And he was going to make this recommendation. I told him over the telephone that I didn't think it was our role to make recommendations to the County Council. Now, I would like to refer you back to Exhibit Number 1, which is the Charter. Looking to subsection 2 says that it is the power... this section defines the powers and duties of the Commission. I'm sure there are sections that apply to you. You're a commission also. If you look at number 2... number 2 says that we have the power and duty to review the annual budget prepared by the chief of police and may make recommendations thereon to the mayor and managing director. Do you notice that it says nothing about making recommendations to the chief of police. And do you also notice, that it doesn't say anything about making recommendations to the Council. So, this is what led me to file this Ethics Complaint, because after I retired... let me show an Exhibit first... another Exhibit first. Would you please look at Exhibit number 5 please. Mr. Manago, in his normally conscientious manner, which is good, brought out the idea that we should start studying the budget again because we had to get ready to testify before the County Council. At that meeting, I objected and I said that we should make budget recommendations to the Mayor. I should have said the Managing Director also. In the minutes there is nothing that says anything about the Council. So I wondered whether it was proper for us to go to the Council. I want to point out to you today, that it was Mr. Ashida's opinion that our recommendation should not be made to the County Council... that they have to be made... unlike the Fire Department, they have to be made through the Mayor or Managing Director. And the reason for that, is that the Fire Department and the Police Commission are not set up by the same basis. For the Police Commission, the Mayor has general supervisory, authority over the operations of the Police Department, totally. The Fire Department isn't set up this way. So if you go through the Charter and you look at the Fire Department, that Charter plainly says that the Fire Commission has the duty to make recommendations to the Mayor or Managing Director and the ra