2007-11-14 Board of Ethics Minutes Regular Session

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Ms. Lum said she did not want to just cut off Council members from using County funds to send communications to constituents during those six months of an election year, and that they need to seek a balance. The Chair said they have a difference in the interpretation of the language, as Ms. Lum used the word "communications." He said communications through the mail and over the phone are fine, but when County tax dollars are used to promote what an incumbent has done during the year, it becomes campaign literature and is an advantage during an election year. He said sending information to constituents is different from sending a list of accomplishments. Ms. Malanka said she saw it differently —she saw it as Council members letting people know- their thought processes and views on issues, and what directions they were planning to take. She felt it made constituents educated on how to vote. Mr. Dill said the incumbent has an advantage over someone who doesn't have the resources. The Chair said the whole issue is about using taxpayer dollars, and incumbents are free to do what they want with their own money. Ms. Malanka asked whether there is a way to allow County funds for non - incumbents who are seeking election. Ms. Lum said there is a fine line between incumbents reporting their accomplishments and reporting on the issues affecting and being worked on in their districts, and Mr. Dill agreed. He said he would not want to hamper communication between elected officials and their constituents. The Chair said he always believed communication works two ways, and when someone sends out color fliers telling of their accomplishments, they're really not communicating. Mr. Ashida said that the Board could, on its own initiative, enter an informal advisory opinion pursuant to Rule 4.4 of its rules. He said they did not need a resolution. He could put together a draft based on what he heard today, or they could hash it out and decide where they wanted to go on the issue. He said he could work with the Board's secretary to agendize the matter clearly so as to make it abundantly clear that the Board is considering not only discussing the matter but also entering an informal advisory opinion on it. He could contact each Council member, the Prosecutor, and the Mayor to let them know it will be agendized for the next meeting. He said it could be carried over as Unfinished Business. The Chair said he wants it under New Business on the next agenda, and he wants to make sure the Board has input from anyone who wants to make input, including members of the public. They will discuss the merits next month and will inform the public and those involved of the repercussions. Mr. Hookano asked whether they wanted him to postpone research on the campaign mail - outs while they discussed this as a Board. Mr. Ashida said he should check with the Council but that it would be wise to continue his research, as it looked like the matter would make it to the Council, which would want Mr. Hookano's views. 7