2007-10-10 Board of Ethics Minutes mc

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don't vote on this, you do. Your question is really, were the issues being discussed in Ms. Siracusa's letter matters in which matters which would count, which would be germane to a planning commissioner? For example, if she was talking about - -if there 'd been a discussion about police service, inadequate police service, clearly in my mind that would be something that would not be relevant or germane to a planning commissioner. But if a police commissioner wrote something like that, then (inaudible). So I think, John, in terms of looking at that definition that Ms. Lum brought up of County officers and employees, while discharging their duties - -it's not related to a clock. It's not, you know, 7:45 to 4:30 you can't do this, but after 4:30 you can. It's within the context of you know, I think, like I said I don't vote, but the question for me would be, did she hold herself, or could it reasonably be inferred that she is holding herself out as a planning commissioner, thereby utilizing the special knowledge or authority that she has by virtue of her position? That's one issue. The secondary and ultimate issue, I think, is looking at the tone. So I don't know if I answered your question or not. DILL: Thanks. L UM: I kind of have another question, because it's not so much to me the tone of the letter that bothered me, but that paragraph about where she lists the Planning Department, Planning Commission, Mainstreet Pahoa Association, the people working on the Puna Community Development Plan and Malama O Puna, all agree that if we permit commercial use along Highway 130, it will eventually turn into an eyesore and a strip mall. So that paragraph is the one that bothers me a lot more than half - cocked and victim - mentality- -the tone. But we 're not hearing on that, are we? ASHIDA: Actually, that is I think maybe perhaps that was why the Chairman asked Mr. Graham to be here LUM.• -- because that's the paragraph that bothers me. ASHIDA: She made a representation the plain reading of that is that this is the consensus of the Planning Department, the Planning Commission, of which she is a member. LUM: That's what think. By inference, her business (inaudible). ASHIDA: Correct. L UM: But I guess that would be tone. Sorry. ASHIDA: Well, actually, that goes to content, now that you mention it. UM (inaudible). ASHIDA: You know, I guess there was some discussion last time, as you recall, about the constitutional right for expression and, you know -- that's fine, we recognize that. But the constitution guarantees your right of it cannot regulate content, but it can regulate tone. Excuse me the protection of the constitution does not extend to tone, okay. And also, there is L UM.• -- Excuse me 11