2007-10-10 Board of Ethics Minutes mc

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ASHIDA: - -The constitution will protect you in terms of the content of your speech. But the tone of your speech is something which is beyond the protection of the constitution. LCM: Right. ASHIDA: And also there is certain authority that when you take upon an office in government, especially an appointed office for which for example, all of you are, the law does recognize and allow a certain limitation of your constitutional rights. I'll give you an example. When Mayor Kim took office in 2000 and first appointed his cabinet, of which I was a member, he during the first election season, I think it was when 2002 came along, he told us at a cabinet meeting - -he was directing all of us not to be visible in any contested elections in this County. And when he first said that, people were taken aback and said, you know, that means I can't go sign -wave or wear a T -shirt for my friend running for Councilor whatever. That's exactly what he was saying. And when I looked at that more closely, you can't do that. The remedy is, if you want to fully express your right to go campaign for somebody, then you go find a job elsewhere. Not on his cabinet. And that's permissible. And again, you know, so that's another factor is when you take upon appointed positions in government, there are certain restrictions or limitations that can be put upon even your constitutional rights. It's a misnomer to believe that constitutional rights are always there and people can never take them away. That's really a misnomer. People waive their constitutional rights every day. The police go talk to a suspect, read them their rights, and they waive and agree to make a statement. It gets waived every day. So it's really a misnomer to think that they constantly protect you at every stage, or they're always there. There are limitations (inaudible). Sorry for going off on that digression. CHAIR: No. It's good clarification. LCM: So I agree with what we're talking about on that fair part. Butl don't necessarily I'm not too worried about the discourteous part. The fairness tome is this, where she said her location is not an appropriate location and where she said it will eventually turn into an eyesore and a strip mall. Those two things are, I think those two parts of the letter I think have to do with planning information, and I don't think they belong in a letter in the paper. CHAIR: I agree with that L UM: - -So I don't know how to CHAIR: - -but I also believe strongly that it - -the tone was far away from being courteous. LCM: Welll don't know how to word a motion on it. CHAIR: I think all you need to do is that you make a motion finding Rene Siracusa in violation of LCM: - -Okay. I move that we find Rene Siracusa in violation of Code of Ethics section 2- 83(a), number 3, officers and employees of the County, while discharging their duties and dealing with the public, shall adhere to the following precepts: All persons shall be treated in a courteous, fair, and impartial manner. 12