2005-10-12 Board of Ethics Minutes Regular mc

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KI: Well, it's not really only Mr. Fuke, then. FRANKEL: No. FUKE: I think that, well from my perspective, as I mentioned earlier, you know, whatever the Board decides, so be it. In answer to Mr. Kawahara's question earlier, I'd say if I'm registered —it's no big deal I got to register, you know. The more like a sidebar, is that if I'm covered under this net, you know, based on your interpretation of the existing law, then the net is so wide that it'll cover a whole bunch of other people that go before boards and commissions and administrative agencies. And then, too, as your counsel indicated, there may be certain ministerial things that can be exempted. But on the other hand, there are so many other discretionary decisions that are made by administrative agencies, whether they deal with variances, whether they deal with a farm dwelling permit, whether they deal with granting you an exemption before the Tax Board, or they could also deal with a liquor license— they're all discretionary areas, so all I'm saying is that the net is so broad that all of these individuals, you know— whatever the Board decides, you have to be very careful to make sure that all of these —not only the legislative bodies, legislative body, rather, but all of the administrative agencies and their administrators are made fully aware and that the general operating community—people who vote for boards and commissions and administrative agencies, are made aware of what this requirement is. CHAIR: Well, I think you're quite right. Any further line of inquiry from the Board? KK: Well, I don't think we'll make a decision in regards to you specifically, because that was not correct . So I don't, you know —some of the parts of your letter were kind of troubling to me, and you got your reply for Corporation Counsel, I think- FRANKEL: If you can that up, let me respond- KK: - -no, your implication in the last paragraph. FRANKEL: Right. Well, I think Lincoln is wrong. I think you have to go —when you're a public official, you have to act according to an appearance of conflict standard. And I'm sorry— Lincoln is out of line to suggest that I'm out of line. I don't—it's not going to get to that stage. Mr. Fuke said he will abide by whatever decision you make. But if he didn't, there isit is problematic. You have to understand that our Code of Ethics needs to be interpreted and implemented into the highest standards of ethical conduct. The prosecutor has discretion about whether to bring a case or not, and it is troubling to the public. That's all I'm pointing out. We're not even going to get to that level. Mr. Fuke's agreed to comply. I'm sorryI think Lincoln has failed to appreciate the significance of an appearance of conflict. It is an appearance. CHAIR: Well, without getting bogged down in that, I think we need to—if it pleases the Board, I would suggest that we defer this action pending further research. We're 14