2007-07-11 Board of Ethics Minutes Regular Session

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Hale: At the advice of counsel, I will have to assert my Fifth Amendment rights. Chair: To your knowledge, does Mr. Gardner have any further contact with Councilwoman Nae`ole's office? Hale: At the advice of counsel, I going to have to assert my Fifth Amendment rights. Chair: Changing the subject. You apparently were upset with your potential firing, and you went and spoke with Mr. Hunter Bishop and made some accusations, to which you could have filed a petition with the Board of Ethics. Why did you not file a petition with the Board of Ethics? Hale: Well, actually I did call the board of —Teri Spinola. I was so upset at first I couldn't think, and then I went to see Casey Jarman immediately. That was on May 7th, and I already told her that I had called Teri. I was kind of alarmed that Teri, when I asked her, because she taught us the class, she did the class right here in this room. I asked her what can be done for me, because I was —it wasn't just the firing. I was insulted. I really was ashamed, actually. I didn't know what was going on. And one of the things that I really remember is one of the things she said to me. She said, you know, some of these rules may not apply to you, because you were hired by the County Council and you don't have the same protection. And my response was, what? She didn't know, and I was quite upset by that, and I said, well, I think somebody better figure this out. I'm left here not wondering what my rights are suddenly. I was seeking help then. True, I did not file, and I thought I better find me counsel, and that's when I got a hold of Steve. But prior to that, I did seek Casey. She asked me to call Emily, because she already knew that she had arrived in Alaska, and told me to call, because she had called Ken to say that she was there. I called Emily. I wanted to find out for sure, because this is Hunter Bishop. I didn't seek Hunter Bishop. He called me early in the morning. There was somebody standing in my office when that happened. And so I did call, and I did go see Ken Goodenow as well. No one could answer my question. Chair: But you do understand that the charges you've made with Hunter Bishop were violations with the County Board of Ethics? Did you or did you not? Hale: No. Chair: You didn't realize it was ethical violations, even after taking the class from Mr. Ashida- Hale: —It didn't say —when I —I don't know what the violations would have been. He asked me the questions, and I answered. I was stunned. In fact I didn't ask him the questions, he offered, and I said, I was what? Because I was incompetent? I don't think so, I replied, I don't think so. If there was anybody who was going to call me incompetent, it shall not be either Gwen or Emily. Now I didn't know that I was violating the Ethics Code. How does it work in reverse? 25