2006-08-03 Board of Ethics Minutes Special Meeting kd

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RW: No, I think actually, I think Ms. Stocksdale is quite right, and we should rule basically on the issue that she brings forth... AL: Yeah, just on that petition. RW: ... July mailing. We assume July mailing and we can rule just on the basis of that for the reasons we have, essentially, in front of us from the Hawaii State Ethics Commission is a perfectly legitimate reference, wouldn't you say? BLT: It's remarkably similar because it is an ethics opinion that addresses a reference to a campaign website. I, frankly, was surprised to find something that was that close to this situation had already been decided by the State Ethics Commission. So I thought that it was really the most relevant information that I could bring to the Board. RW: And, I would also like to tell the public that we're blessed, really, that Bobby Jean Leithead -Todd is our staff attorney. She was a key person in drafting ethics legislation for the County of Hawaii, (inaudible). She was a councilwoman, councilperson, and she is a diligent researcher who has hit the nail on the head in finding this State Ethics Commission ruling that is identical to this. So, we are not coming at this, as I say, with any bias. We are not coming at this with any blinders. We are coming at this coming at this in front of a community body. None of us are here for money. We are here to do a public service, and I think we have heard enough to make a ruling on this, don't you agree? WJ: I do. RW: So, unless you have any further testimonies offered, or further statements from the public I think we can get onto the business of making a ruling. Specifically in regards to the two complaints that Mr. Olesen and Ms. Stocksdale having to do with the July 2nd quarter mailing. So, is anyone brave enough to make a motion here. We are abiding by, by the way, by the rules of practice in which we will determine an informal advisory opinion, and... AL: It's always the wording that gets you. RW: Yeah, the wording. We just have to word it, essentially, ah we all know. I think, for the record here that Mr. Safarik has been up front in saying "Hey, I recognize that the 2nd quarter mailing that you attested was beyond the scope, (inaudible) he made restitution, made a public apology and again this morning, so we will proceed (inaudible). WJ: Do you want me to try? RW: Give it a shot. WJ: I would like to make a motion that we find that Councilmember Gary Safarik was in violation of Hawaii Ethics Code 2 -83 and that on his second mailing he listed his campaign web site. RW: And can I put a qualifier in there and say that it was inadvertently or something to that effect? Or do you want to say he was directly... 19