2008-01-09 Board of Ethics Minutes Regular Session

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CHAIR: By using County funds, right. I don't think we have any problems with them using their photographs if they are paying for it with their —with their campaign spending funds. Is that how you see it also, Mr. Ashida? ASHIDA: It's you know, there's a —we need to talk about this thoroughly on, what is it, the thirteenth, February 13`x', because there's a State statute that the legislature recently passed last session that prohibits any elected officer in our state from using his or her photograph in public service announcements for any purpose, but it's limited to a period of time between from the time that they file for elected office until such time after the election. I forget the exact time. So if you're going to embark on this path, which you've chosen to do, I would suggest you hear as much input as possible from all those who are concerned, and also you consider what — obviously take into account what state laws says and what other ethics commissions around our state —the State Ethics Commission, and the various county, city and county commissions, have said on the issue, because that would be important to your decision. I want to make sure you just get as much information as possible. Try to not have any —leave your you need to really look at this with an open mind and any predispositions you have would need to be left out of the picture. DILL: Is there a way that your office could provide some of the literature - ASHIDA: - -Yeah, what I plan to do is do a write -up for you prior to the 13`h, to let you know what the state of the law is out there so you can come to an informed decision. DILL: Thanks. CHAIR: I did, Mr. Ashida, have a short list of requests. ASHIDA: Sure. CHAIR: I noticed in some of the correspondence that there was reference made to a 1988 Honolulu, City and County —could we see the entire formal opinion? I'd also like to see what the State Ethics has ruled on this, and whether or not any state legislators have used photos. I'd like to—I'd like to see, statistically over the last five years, whether or not any council people have used their photos in ads, in not just our County but the other three counties as well. And so—as much information as you can provide us so that we can make an unbiased opinion on this would be very helpful in this matter. So that's the Chair's request. Any other requests? NICHOLSON: I just have a question. So this —what we're discussing is only going to apply to County Council members and not just anyone else who runs for -- CHAIR: - -Any elected —any elected official. NICHOLSON: Okay, I wanted to make it clear that it would pertain to any elected official.