2008-02-13 Board of Ethics Minutes Regular Session

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I did that was to calm the fears that that's why I'm doing all this. I'm doing my job and I'm getting criticized for it. But see what happened, Mr. Joseph, at that point in time, once I did that, once that appeared in the newspaper, front page headline, on the radio and everything, the complaints stopped. Ended. Immediately. You can confirm that with Mr. Ashida. It completely stopped. So I realized that the complaints was strictly political. And I was glad as heck that 1 made that announcement, because, God, it's hard enough doing the job, but then when you've got to swim uphill because people just, you know, try to undermine what we're trying to do in the public. So I'm glad 1 made that announcement, and that announcement is still true to today, you know , but Mr. Joseph, I did not further attempt to do it because the complaints stopped as soon as that ad came out in the paper. So hopefully that answers— CHAIR: - -A follow up question. Prior to having your photograph run with that meeting advertisement, prior to that, do you know of any incidents in which a— someone on the — or an elected official from the County of Hawai `i —ran a similar type ad? YAGONG: With or without the picture? CHAIR: With the picture. YAGONG: I knew —when I saw the picture come up with that proof that was sent to me by Steve through the fax, 1 reacted that way because I know that that's something that is in uncharted waters, so to speak. Because you know, I'm the only one that has done it before, so —no, 1 don't know of anyone that has done that. CHAIR: You know, and the reason I ask that is many elected officials have no intention of running for mayor, and they stay away from photographs with their announcements. So what advice did you get that this might be appropriate? YAGONG: As far as running the ads? CHAIR: With your photograph. YAGONG: With my photograph? I had no advice. I did that —I made the call on the fly. I really did, because it was, like I said — CHAIR: - -But I think you said that later you had a conversation with Casey Jarman, and through that conversation - YAGONG: - -Yeah, it was after the photos had gone out, yes. CHAIR: Right. And what legal basis do you know that Ms. Jarman cited? YAGONG: Well, it wasn't that she cited a legal precedent. But at the same time, what was presented, I think from Mr. Ashida as far as his legal opinion, it cited an incident where an elected official using —and let me clear —I'm a little off on the story —but it had to do with an elected official doing an ad, but it was based —the ad was based on giving an opinion on another council person or another elected official. 10