2008-03-12 Board of Ethics Minutes Regular Session

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LUM: And all we did was accept and file. CHAIR: Because within item b was a bunch of emails that Mr. Ashida and myself exchanged. LUM: And we just —we didn't even discuss it, we accepted and filed. CHAIR: So my question on that was if I was the client, wouldn't 1 have the ability to have waived my client - attorney privilege? SCHOEN: Well, actually- LUM: - -I think there was something else in it, though. SCHOEN: Mr. Chair, even though the communication was —might have been directed to you, and I don't have that communication in front of me— actually, we are counsel for the entire Board and not for you as an individual member of the Board. And so we do represent the entire Board. CHAIR: I understand. Okay, and based on that, and based on the fact that I recused myself from the last Executive Session, I cannot at this time —I cannot at this time certify that what was discussed in Executive Session is correct. NICHOLSON: We'll have to hold this -- L UM: We'll have to hold this until the next meeting, because we'll need three other votes on it. CHAIR: Okay. So item number 4, Communications. 4. COMMUNICATIONS a. Communication No. 2008 -21: The High Road publication of the Hawaii State Ethics Commission, Issue No. 2008 -1. Motion: Ms. Nicholson moved to accept and file the communication, and Ms. Lum seconded the motion. Ms. Lum pointed out that she was impressed to learn in one of the articles that the Hawaii State Ethics Commission turned 40 and that Hawai`i's code was one of the first comprehensive ethics codes in the Nation. Vote: Ms. Nicholson, Ms. Lum, and the Chair voted aye to accept and file the communication. b. Communication No. 2008 -22: Diane Noda 2/7/08 email to Lincoln Ashida regarding the Ethics Guide, p. 3, Fair Treatment. 3