2007-06-13 Board of Ethics Minutes Regular Session mc

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CHAIR: - -yes, at ten a.m. SHARPLESS: In the wording of the resolution on page two, be it resolved—is that wording that reads in pursuant to Rule 5.2(a), the rules of procedure of our Board, that a hearing and /or investigation be initiated—do the words hearing and /or investigation need to be clarified by the section of informal advisory opinions or Section 2.87, formal opinions? And then in the last paragraph, be it finally resolved, I'm asking —the wording states, shall render an advisory opinion pursuant to Rule 4.9. Is that an informal advisory opinion or a formal advisory opinion? I'm wondering if those words need to be clarified. CHAIR: Mr. Ashida? ASHIDA: Yes, ma'am, sir. With respect to Ms. Sharpless' first concern regarding the use of the term hearing and /or investigation, that's directly taken from your Rule 5.2(a). It allows you some degree of flexibility in conducting an investigation /hearing. Mr. Lee Loy today has suggested he would like it to be more formal in terms of—almost like a contested case process, where witnesses are called, sworn in, cross - examination. That's your call, Mr. Chairman. Your rules allow you—as a matter of fact, Rule 5.2(a) excuse me, 5.4(b), says the hearing will be conducted in an informal but orderly manner. So that affords you a significant amount of latitude to protect, to control the proceedings and allow you to just get to the heart of the matter, get the truth, which is likely what everybody wants. So that language, Ms. Sharpless, came directly from your rules. It is, yes, a hearing, and also an investigation. So it is and /or. With respect to your second question concerning the issuance of an advisory opinion pursuant to 4.9, that —you are correct. It is an informal advisory opinion. However, your rules simply state advisory opinion. But if you read that together with the Code of Ethics rules, as Mr. Pranke astutely hey, I got a 37 -point word, too PRANKE: - -There you go ASHIDA: -- pointed out, the process is coming to an informal advisory opinion only after that. If one of the parties then petitions you for a formal, then you go for a formal. But for the most part, it ends right there. So you are correct, ma'am. SHARPLESS: Thank you. CHAIR: Are we ready for the (inaudible)? ASHIDA: Wait, Mr. Chairman, if I may interrupt, sir CHAIR: --Yes- ASHIDA: - -one more time. Again, the resolution now is alive on the floor, because it's been voted and seconded. Now the key thing here is, if you look at the second 15