2008-02-13 Board of Ethics Minutes Regular Session

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ASHIDA: - -Yes, so I think that that's his recollection, but what the contents of the ads were, he doesn't know. But 1 wanted to follow up on what Mr. Yagong said and perhaps just cut to the chase, Mr. Chairman, and answer your question regarding what transpired when Mr. Yagong talked to Ms. Jarman. The key thing that Casey was saying, because I remember she called me right after that, was that at present Dominic is not a candidate for anything. And that was sort of like the real turning point of this, that really convinced me at that point, okay, I cannot say conclusively that a violation has occurred or in fact this would have been a violation. And as Casey's opinion or thoughts —and she's a much smarter lawyer than I will ever be— turned out to be very clairvoyant, because that is exactly what the 2007 legislature or state said in terms of running the PSA ads, that you can use your picture. But it's at the point when you file your nomination papers that you are prohibited from running your photo. So that was what my recollection of what Casey told me way back when. And it's true what Mr. Yagong said, because he had indicated to me that it was his intention —I think I might be wrong, but 1 think he said January 1 S` he was going to stop using his picture any way, so— because that would coincide with about the time that he, perhaps the reelection for his Council seat. And it is true what he said about his picture and the flurry and talk that was going on about him running for mayor, because — understand that this was early in the year and it had just come off, election season had just finished, because the second special election or the general election had just happened in November of that year. So, you know, it was sort of like a continuation of that. So based on that, that was really the —if you're asking what did Jarman say —my recollection is, she's not here today, because she knew about it, she was planning to come, but she's ill today, she's at home sick —my recollection is that was significant. That was what she'd expressed to me. CHAIR: You mentioned, where you cited 2007, is that available to us? ASHIDA: 1 think 1 cited it in my most recent communication that was sent to you. CHAIR: Is it in the- LUM: - -It's in that long, that— CHAIR: - -or is it in the section listed under Executive Session? LUM: It's in this— DILL: I think it's Communication 2008 -17. LUM: 17, it's in there someplace. The 2007 legislature, right? DILL: I think it's on page 9. CHAIR: Communication 2008 -17 is privileged and confidential- LUM: -- Communication, attorney- client —oh, okay -- 12