2006-12-13 Board of Ethics Minutes Regular Session

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Board of Ethics Minutes - Regular Session December 13, 2006 I think if someone filed a complaint against you on that basis there is a good chance you would get in trouble. That is why I said specifically that you shouldn't do it because I think it opens the door. I recognize that I need to go back over this. Where I have gotten something specifically from an opinion I'll put a note on it "See State Ethics opinion such - and - such" so that it is clear that this is something that someone has actually decided on. KS: I mean, at the very worst, picky example. You have a supervisor or manager, who is trying to interpret for an employee, then they are held accountable for giving the wrong information where the intent is nothing but the best and the employee, for one reason or another, either misinterprets it or twists it. That is what I am trying to avoid. Put the responsibility of interpretation clearly on the employee, as opposed to a shared. Time and time again in my career "Well, Kendall told me it meant this..." or "Kendall told me this is what abuse was...." I am using examples of people whose first language is not English, stuff like that. It becomes a rat's nest. AL: But, our intention was to make the ethics understandable so they can use it. KS: It was my idea to have a teaching tool. AL: We are not going to get classes because it will cost too much so I think maybe we have to take a little risk, and it is not like it can't be changed as life goes on. BLT: Take it home. Take a look at it come back with comments on it. I'll look at it again and maybe be able to cue you folks as to where I got it, if it was an actual opinion or just literature. Surprisingly the language of ethics codes across the country is remarkably similar. AL: We are actually talking about formatting on a lot of this. BLT: I was surprised and so I felt fairly comfortable that if there were opinions in other jurisdictions on similar language and interpretation because that is kind of how courts interpret stuff. You look around and see if someone else has interpreted what is personal use, business use, private use or incidental. I wanted to try and come up with something that would help people avoid making mistakes and getting into trouble. AL: And be aware that it is a requirement that they think about these things, which I think is what Kendall started off with way back in the very beginning of all this. Let's make people aware that they are responsible for this. BLT: I also was looking as something that would go to elected officials who have appointed staff whose job security is nil. It is basically at will. I wanted something that sets some parameters in writing. Your boss cannot tell you to do this on county time. AL: Oh, yeah. 13