2007-07-11 Board of Ethics Minutes Regular Session

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Strauss: Thank you, Mr. Chair and members of the Board. My name is Steven Strauss. I represent Barbara Hale as a witness. I'm testifying here voluntarily at the request of the Ethics Board. There are a couple matters that I need to address at the outset. One is —I think that there are some rules that the commission is considering reviewing, requiring some updating, and I encourage you to continue with that process so that any decisions that you make can be upheld in the event that they are challenged. Also, too, there has been some statements made that as a lawyer, I interpreted them as potential threats. This case started, for me, when Ms. Hale came to me after she believed that she had been threatened with termination from a County job, and some communications were sent to Ms. Nae`ole and to counsel relative to that employment, and I understand that Mrs. Nae`ole's counsel would like to have to be considered as part of the record. We don't think that they should be. But again, she is testifying as a witness, not as a party. So those things that she testifies about are her own testimony. The submissions she has made to the Ethics Board are her own submissions. I am not her advocate in this proceeding. I'm not trying to prove any case. I am representing her as a lawyer represents a County employee and a citizen called to testify before a government agency. There is some limits on the testimony that I expect Ms. Hale to give, and that's because one of the communications we received from Mrs. Nae`ole's lawyers raised the prospect of a criminal prosecution, and so I would instruct her to take the Fifth Amendment with regard to any matters dealing with Mr. Gardner. She would like to be able to testify about that, but I'm going to instruct her, and I expect her to follow all of my advice, to not respond to any such questions. Thank you. That is the limit of my remarks. Chair: Thank you. Mr. Lee Loy or Mr. Roehrig. Roehrig: Thank you, Mr. Chairman. May I take a minute to get set up here? Chair: Certainly. Roehrig: Mr. Chairman, before I give an opening statement, we have a few procedural things that we believe need to be at least considered by this commission. Perhaps the counsel for the County might have a view on that, or you may have one as the chairman. We thought it wise before we started to pull out the —what we thought were the relevant, legal issues that are before the commission —so that as we proceed with the witnesses and the exhibits in particular, some of these issues can be considered. May I approach the Chair, Mr. Chairman, and provide the commission with the three sets of matters that we think are relevant that you may wish to consider? Chair: Has that already been provided as our July 2nd deadline for submitting? Roehrig: These are just legal, these are just legal matters, these are not exhibits. 13