2008-01-09 Board of Ethics Minutes Regular Session

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ASHIDA: It's up to you. Like I said, it's up to you. If you're saying it was voted on back then and what you want to is just sign off on this, that's fine. But all I'm saying is that in a couple months it might be mooted out. CHAIR: And I think that would be fine, too. So let's just proceed as to where we were at last month and- LUM: -- Excuse me, Wayne. Did we vote to—we voted on the informal advisory. CHAIR: Yes, we did. And we all voted in favor of it. LUM: So if we go ahead with this, then we could deal with the County when it— CHAIR: -- That's right- LUM: - -the change, whatever they decide. CHAIR: That's right. LUM: Right. We can't really second -guess them. CHAIR: I agree. So Mr. Ashida, could you prepare that for signature? ASHIDA: Sure, I'll just take off the "draft. " Do you have some time today to take a look at the language that —it's basically, essentially, the same as my December 6 letter. So if you're all okay with it, I'll take out the watermark "draft" and route it to you for signature. I did take out the language that Mr. Dill had suggested--you remember he wanted that phrase, "irrespective of content, " taken out, so I did that. Also know that because this is —I called it an "informal advisory. " It is not an informal advisory opinion as contemplated by our rules, because we never went through that process, right, because a petition wasn't filed. This was something that sua sponte —the Board did on its own— CHAIR: -- That's correct. That's correct ASHIDA: - -So just to be clear, in the event in the future there is a petition filed on this particular issue, the Board would need to consider that complaint upon the facts given the facts —on the facts of that particular complaint. CHAIR: That was the intention of this- ASHIDA: -- right— CHAIR: -- that's correct. ASHIDA: This is just for guidance. 3