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4. COMMUNICATIONS <br />Communication No. 2009 -13: Letter from Dan A. Cole in response to the Board's <br />January 9, 2009, letter. <br />LUM: Are there any comments? It's this one. <br />MARTIN: I read it. <br />GENTRY: Do we have to respond to it? <br />LUM: I think we are —we can act, or we can decline to act on it. If we were to decline to <br />act on it, it could be —he's asking us to prosecute, which is not something that we do. We <br />are a volunteer citizens board who offers opinions, and I think that we could decline it— <br />decline to take action.in that he's asking us to do something that we are not empowered <br />to do. <br />SCHOEN: Madame Chair, just so the record is clear, I believe this is Mr. Cole's third <br />response —or actually, he filed an initial petition, and this is his second attempt to <br />respond to the Board's request for additional information pursuant to Rule 4.13. And so <br />at this point, I believe the Board can decide whether or not it has sufficient information to <br />proceed with acting upon Mr. Cole's request for an informal advisory opinion, or you <br />can decide that you will take no action on this matter, or you can decide that he has not <br />provided sufficient information. Those are your options. <br />LUM: Did he askfor an advisory opinion? I don't recall- <br />SCHOEN: He made- <br />LUM: - -This, yeah. <br />NICHOLSON: Well, we clearly don't have enough information to move any further on <br />this, so our choices are to either just accept and file it - <br />SCHOEN Correct - <br />NICHOLSON: - -or to respond again, saying that wefeel that we do not'have sufficient <br />information to take any action. <br />LUM: Or we can decide —we can decline to take action on the matter. <br />SCHOEN Correct. <br />LUM: Do we really want to try to monitor everything a council member says? Is that <br />what we're here to do? <br />GENTRY: Well, it looks like it was something direct. <br />2 <br />