2008-02-13 Board of Ethics Minutes Regular Session

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DILL: Sure. CHAIR: Could you carefully do that? DILL: The motion, or read the— CHAIR: - -the motion. DILL: Okay, I'd like to offer a motion that we vote yea or nay on the question detailed in Communication 2008 -19, under be it further resolved that the nature and scope of the inquiry shall be limited to the following question: Quote – does the use of County funds for the purpose ofpurchasing an official County newspaper advertisement that includes the picture of an elected and incumbent County officer constitute a violation of the Code of Ethics? CHAIR: So by voting yes, that means you would agree that it constitutes a violation. DILL: Correct. CHAIR: And by voting no, that means you would disagree. Now we're open for discussion. Thank you. DILL: Yeah. NICHOLSON: DILL: Yes, please. NICHOLSON: I don't know how I would vote without addressing the content of what the advertisement is. DILL: Well, I think that's what comes back to our broad - based —if we're going to be accepting this and voting yea and agreeing with this, the nature of this question, we're basically casting a pretty large net over the whole issue, and in my opinion, a larger net than is needed. You know, Lincoln referenced the Supreme Court ruling regarding pornography, that you know it's pornography when you see it. I think that kind of thinking, line of thinking, can be applied to a violation of the County Ethics Board by using a picture during apolitical season that's too large or has unintended —or has specifically intended campaign advancement. So my opinion is that, you know, a yes answer to this question is just casting too large of a net, and we should be dealing with these things on a case -by -case basis and when they are brought up in front of us by a third parry, or initiated by this Board. MALANKA: Igo back to my comment, though, about the size of the type in the ad. It could be the same thing. DILL: Right.