2008-02-13 Board of Ethics Minutes Regular Session

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ASHIDA: Can you say that again? DILL: Okay, using your example where Mr. McClure holds road improvement projects and puts an ad in the paper with his picture, and Mr. Yagong at that point can't put his picture in the paper, Mr. McClure would be in violation of state law. ASHIDA: Not if he hasn't pulled or filed his nomination papers. DILL: Okay, if he hasn't. Say he has, then he would be in violation. LUM: But if he hadn't pulled – DILL: I guess- LUM: - -See, that's the question between— that's why 1 first stated pulling nomination papers. DILL: Yes, right, right, right. Okay. LUM: this state law is from the time they pull papers. ASHIDA: Going back to the jurisdictional question of who does this apply to, consider the situation where you have the Prosecuting Attorney in our County. That is perhaps the only elected office in our County which doesn't have a residency requirement. And I know that because my former boss ran. in a close election against a gentleman who was not from this County. As written, as proposed, your informal advisory opinion would not be applicable to him or her, because your jurisdiction is only County - based. NICHOLSON: But state law would apply ASHIDA: Correct. NICHOLSON: But this is a non - resident of the state. ASHIDA: Correct —no, non - resident of our County. NICHOLSON: But the state law would prevent them, too, from running their photos in ads. ASHIDA: Yes, but what I'm saying is they could take it all the way up until the filing deadline. You would be restricting it to February P. By the way, just for your information, the Prosecuting Attorney derives his or her power from the State Attorney General, which is why it's state -wide rather than the County. DILL: If I could just say a couple more things, and I think —it comes back to, you know, if the incumbent is acting with malice aforethought and has intentions for individual political gain, then obviously that's something that we need to look at. I think if we offer 31