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who was an HGEA employee and that approving this would impact the spouse's
<br />pay. I think they've also disclosed if a wife was an employee of a business that
<br />happened to have a matter in front of them. That doesn't disqualify them, so
<br />that's a separate issue. But I know that they do disclose that publicly there. I
<br />don't know that if it's as broad as financial disclosure, because the definition of
<br />financial interest here in the Code does not seem to include things like savings
<br />accounts. If you look at it, it's ownership interest in a business, creditor interest
<br />in an insolvent business, an employment or prospective employment, ownership
<br />interest in real or personal property, a loan or other debtor interest, a directorship
<br />or officership in a business. It doesn't include savings in the
<br />definition of financial interest. That's why I'm saying it's a little more
<br />complicated in terms of analyzing what is required to be disclosed, because the
<br />language is different in one section, the definition, and also the use of the word
<br />financial interest, I think you also have to look at the context in which that is used.
<br />I know on the Council, it's been used in terms of disclosure in terms of hey, you
<br />know, my wife's working there, my husband works there. It doesn't prevent them
<br />from voting, but they disclose so people can judge whether they have an interest,
<br />which is usually the purpose behind financial disclosures, is so you can take a
<br />look and see whether people have an interest in acting a certain way. But I notice
<br />that financial interest here doesn't have stocks, bonds, other than real or personal
<br />property, and I'm not sure whether you would say that personal property extends
<br />to savings accounts, stuff like that. So it's not enumerated there. So to me it's a
<br />little murky.
<br />CHAIR: Board of Ethics board members, how do you feel about that, personal savings,
<br />, bonds, savings bonds, piggy banks, as it pertains to disclosure, you and
<br />your spouse. Do we go there, do we need to go there? Do we need to recommend
<br />that? Would that conflict of interest for a prospective planning director
<br />or council member or mayor, what have you? Is that an issue?
<br />WJ: It's an issue that I don't want to raise.
<br />CHAIR: Nor I. I think clearly, Mr. Frankel, again artfully uncovered a loophole here that
<br />we need to visit, revisit, and that's to get our State and County codes consistent
<br />vis a vis the spousal interest, and I believe before we render an opinion, render an
<br />opinion formal or informal, we need to do the homework , and then go
<br />back to revisit that. Does that sound like a reasonable course of action?
<br />KK: I've got a question about that letter, the last request of the—Mr. Frankel, I would
<br />ask you to, and I'd like to know, if we are a body that's supposed to do, number
<br />one, make an official decision as to the correct interpretation of the law. Is that a
<br />function of the Ethics-
<br />BLT: - -as to the Ethics Code, yes. As to the Ethics Code, as to financial disclosures,
<br />you are the body that makes determinations on the interpretation of the law and
<br />the application of the law. You are basically a semi -adj udi catory body in the way
<br />that you act in terms of rendering decisions, and this is within your sphere of
<br />authority.
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