2008-12-10 Board of Ethics Minutes

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did not have a chance to view the video. I do not know what you saw. I do not know what you heard. I do not know the context in which it was said. I do not know whether or not what came before that may have been edited, what stimulated that portion of the discussion that may have been edited. I do not —I am not privileged to any of that information that the three Board members have. CHAIR: Would you still like to go through the route of filing an affidavit and postponing this till later, to allow us to respond? JOSEPH: Well— HEEL Y.- -- Chair, I believe — excuse me, if I may interject. I believe he said he did not want to go that route— CHAIR: Okay- HEELY: - -He was fine orally— CHAIR: Okay- HEELY.• - -and per your rules, you are able to state whether or not you can proceed with being impartial, and I believe you guys just have done that. Also, I want to just read 1. 7, Rules of Evidence, for the Board's convenience. "The Board shall not be bound by the strict rules of evidence. Any evidence which is relevant and material to the complaint may be admitted. Effect shall be given to the rules of privilege recognized by law. " I know Mr. —the petitioner stated the rules of court, etc., but the Rules of Evidence do not apply here. And in regards to your independent researching or preparing for your hearing, that's not an issue before the Board. It's not relevant, and 1 believe you guys stated your impartiality. CHAIR: Okay. Why don't we move on and focus on the two issues at hand here, the two rules pertaining to possible ethic violations. Mr. Ashida, could you come up and answer some questions for us, please. (Ms. Heely quietly spoke to the Chair.) I'm told I need to swear you guys in. ASHIDA: Okay. LUM: Who? SCHOEN: No. (Inaudible.) HEEL Y.• Do you guys usually put it under oath —no? No, I apologize. CHAIR: We're very trusting. L UM: Right now, we're informal. HEELY: We're informal, okay. 20