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The Chair asked whether the Board members should disclose if they made political <br />contributions to current Council members, since the matter of using County funds to mail leaflets <br />out would be on the next agenda. Mr. Ashida said that if a Council member comes before the <br />Board to provide input or testimony, as Ms. Ford did today, and a Board member had made a <br />financial contribution to that Council member's campaign, his advice to the Board member <br />would be to disclose this so that there is no appearance of impropriety. Making a contribution <br />would not disqualify that Board member from participating, as disqualification or recusal is at a <br />secondary level. Disclosure is at the primary level. The disclosure should be made, and the <br />circumstances can be explored. <br />Mr. Dill said that as things stand currently, they are not required to preemptively disclose <br />campaign donations unless an issue is brought up before them that is related to that Council <br />member, and Mr. Ashida said yes. <br />Mr. Ashida explained that if a Board member has made a campaign contribution to an <br />official, there are two indicators to trigger making a disclosure. The disclosure should be made if <br />(1) that official comes before the Board for official action because he is the subject or is involved <br />in a petition, or (2) that official is offering testimony, in whatever format, on something before <br />the Board. The disclosure is not a requirement in the latter scenario, but it would be his advice to <br />disclose. <br />In short, if a Board member contributed to the campaign of a Council member who is <br />facing a petition, the Board member should disclose this. If a Board member contributed to the <br />campaign of a Council member who is testifying before the Board about something, the Board <br />member is not legally required to disclose contributing, but Mr. Ashida's advice would be to do <br />SO. <br />Ms. Ford said she had a question: <br />FORD: If that is true that a commissioner gets— receives money from somebody <br />who is coming to testify, and you're concerned whether or not they should disclose <br />that information, it seems to me that would also be true if you have a County <br />employee who comes forward to testify on a particular issue — should they have to <br />disclose that they gave money to a particular councilman on that issue? <br />CHAIR: Let me give that some thought. If a County employee is giving testimony <br />that supports a particular councilmember's view, should they disclose? Then I <br />would say yes. <br />FORD: All right. But you could also have a County employee that may have given <br />councilmember X a donation, and they do not support my particular technique that <br />brings legislation forward —they don't support my legislation, they've given a <br />donation to councilmemberX -- should they have to disclose that information? <br />CHAIR: You're speaking about here before the Board of Ethics on a specific issue? <br />I need to know the circumstances a little more before I can- <br />