2007-12-12 Board of Ethics Minutes Regular Session

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Ms. Lum pointed out that the Board's original letter to the Council on the matter recommended it adopt a rule setting a time limit on using a district allowance or other County funds for mailings and legislative summaries in an election year. Mr. Ashida said that letter was a recommendation to the Council to amend its rules of practice and procedure, in the form of a resolution. The problem with doing so is that there is no penalty should a councilmember violate a rule. The Council rules even have a provision which allows them to be suspended. The rules have no force or effect of law. Mr. Ashida said that Mr. Hookano is working on submitting a bill to Council Chair Hoffmann which would actually amend the Code by ordinance to provide for the prohibition of the mail -outs. If the bill should pass, the prohibition of the mail -outs would be part of the Code of Ethics, not the Council's rules of practice and procedure. Mr. Ashida explained that if the Council votes down amending the Code of Ethics regarding the mail -outs, the Board of Ethics could still issue an opinion that based on the existing Code of Ethics, as it is written and on a case -by -case basis, an incumbent who does the mail -outs may be violating the Code. Any time an ordinance is opened up for amendment, however, the Council is free to tinker with any part of the language. His opinion would be for the Board not to try to pull back the recommendation, but to let it proceed and see what the Council does with it. He said that no matter what happens at%thd Council level, he does not believe the Board's powers will be curtailed or limited in any way. Mr. Ashida said that if the Board members collectively agree with his December 6, 2007, letter, it would be firing a warning shot that it does not approve of mail -outs in election years. The Board would not be saying they are illegal, but if the matter is brought up before the Board, it would be reviewed on a case -by -case basis. Ms. Lum said she did not want to say that incumbents cannot ever have these mail -outs, and Mr. Ashida said that is why the Board would need to look at it on a case -by -case basis. Ms. Lum said she did not want the Council to change the Code of Ethics, and the Chair said he did not believe that would happen, as it would be a political nightmare for the Council in the media. Mr. Ashida said it is possible the Council will act favorably and agree. The bill could pass and be written into the Code. At that point, the Board's informal advisory opinion, if it chooses to issue one, would become moot, as it would not matter what the Board's opinion is if there is a law about it. Ms. Nicholson wanted to know what the bill going to Council says. She would want it to include language that such mail -outs could be subject to review by the Board of Ethics, so that incumbents are reminded that the Board has concerns on the issue and the matter could come before it. Mr. Ashida said the document would not need to say that, as it is the Board's job to interpret the Code of Ethics. If the Board wanted to make a point, it could send a letter to incumbents expressing its concerns. It would not need to be written into the law that the Board would review it. If the Council wanted to take that away from the Board, it would require a Charter amendment.