2009-06-10 Board of Ethics Minutes

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CHAIR: You do have that right to request a formal hearing, at which time I think we have a much more broader scale in subpoenaing and whatnot. And my intention is not to hamper you in pursuing the process, that's your right as an American. I just hesitate certain things don 't pertain to this Board, and I think we've got to make sure that all your interests and needs are being met, but we've got to do it under the correct form COLE: --And the interests and needs of the people. CHAIR: Correct. That's why we're here, right? Okay, so I have a second, a motion and a second, some discussion. Any other discussion? Okay, all in favor say aye. (Ayes heard simultaneously). CHAIR: Opposed? Okay, it's carried. Thank you, Mr. Cole. We can move on to Petition 2009 -3. b. Petition No. 2009 -3: Petition alleges that a County officer or employee violated Section 2 -84 of the Ethics Code (conflicts of interest) by rendering a legal opinion to the Police Department to take no action on a criminal complaint filed against him. CHAIR: Petition alleges that a County officer or employee violated Section 2 -84 of the Ethics Code, conflicts of interest, by rendering a legal opinion to the Police Department to take no action on a criminal complaint filed against him. Just to start off, Mr. Cole, I'm getting trouble seeing exactly where this conflict of interest was and how it pertained to the section of the Ethics Code that you are citing. Again I refer to rule 4. S, I believe, in I think the word was hypothetical. We cannot we cannot, again, rule on hypothetical situations and organized government corruption that you're stating in your petition. Again, I don't think that falls under our jurisdiction and whatnot. I'm just not sure exactly which provision you're citing in the conflict of interest, 2 -84, and you'll have a chance to address that. Before we go on sorry, Lincoln, we just got started. We have petition 2009 -3. Again, petitioner is Mr. Dan Cole, and it relates to ethics section the Code of Ethics Section 2 -84, conflict of interest. I was just saying in my review of this, I was having trouble, number one, seeing which provision it pertained to and also whether or not the majority of these accusations fall under our jurisdiction. Mr. Cole, you want to give a brief testimony? I'm sorry, hold on a second. Board members anybody have anything to say from the outset? Okay. Come up and provide some brief testimony on this petition. COLE: Yes, the complaint of conflict of interest arose after the Freedom of Information Act. I received a copy dated 4 May, memorandum from the Police Department. I believe that is attached to the petition, from Paul K Ferreira, Acting Police Chief, to Lincoln S. T. Ashida, Corporation Counsel, with attention to Brandon Gonzalez, Deputy Corporation Counsel. Subject, review and comment of criminal complaint re Dan A. Cole. The very nature of the conflict of interest is that Lincoln Ashida is in fact the Corporation Counsel, no matter who reviews or gives opinions to a County board or a County agency as the Police Department, is in fact the opinion of the Corporation 23