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COLE: It would be a little bit difficult to make statements upon something you can't see. <br />Are there some more secret documents you're holding on? <br />CHAIR: No, this is a communication to the Board of Ethics, so you can get a copy of the <br />and discuss this communication to this Board. Did everybody have a <br />chance to read —Mary, thanks for your response letter with the information about filing a <br />petition. Anybody have a chance to – <br />SECRETARY: I can give you my copies now, . (Secretary handed the two <br />communications to Mr. Cole.) But I need it back, and 1 can make you copies. <br />LUM: But Mary's letter — Mary's letter gives him instructions on how to file a petition, <br />right? <br />CHAIR: Correct. <br />LUM: A petition form, yeah. Otherwise, I don't think we can do anything yet. I kind of <br />wish he was here, I'd ask a couple of questions, but – <br />NICHOLSON: Well at this point, I move that we accept and file, because we can't take <br />any action at this point until we have a petition or more information. <br />CHAIR: Yeah, it's a communication. <br />GENTRY: Okay, I'll second the motion to accept and file the communication. <br />CHAIR: All right, and we might be seeing- <br />LUM: - -We'll have to waitfor him to— <br />GENTRY: - -fill one out- <br />LUM: - -to decide what he wants to do. Okay. <br />CHAIR: In order to agendize the item, yeah. So we have a motion and a second. All in <br />favor to accept and file Communication 2009 -234— <br />SCHOEN: -- Excuse me, Mr. Chair, I'm sorry. You know, Mary's letter does state that <br />the Board may determine whether or not it needs more information, and the Board may <br />want to communicate with this person to see whether or not —if there is any other <br />information that you folks feel he needs to provide. <br />L UM: Wouldn't we have to wait for his petition before we ask him that? <br />SCHOEN: Well, actually, if you look at the letter it says also enclosed, if you would like <br />to use it, is the Board's petition form. So you know, we didn't tell him you have to use the <br />petition form, and typically this Board does not require the form to be used. But I think <br />what is lacking in this letter is a specific provision that he is alleging – <br />7 <br />