2006-10-06 Letter to Angel Pilago re Campaign Endorsements and Ads

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I Honorable K. Angel Pilago October 6, 2006 Page 2 goes, "Well, I just said I was Angel Pilago, and not Councilman Angel Pilago" is of limited persuasion, since people generally do not differentiate between the two. Note that I am not saying it is a violation, but that someone may be able to make this claim. If you are not sure, you should ask the Ethics Board for an opinion. There is a vast difference between campaigning for you versus campaigning for others. Our Code appears much more forgiving if you are doing this on your own behalf and for your own cause. 3. Yes. Utilizing information obtained during privileged discussions that are not in the public domain may result in negative consequences for the County as well as alienation by your fellow Council members. On October 5, 2006, your office then sought the assistance of Deputy Corporation Counsel Bobby Jean Leithead-Todd, an attorney with this office, again asking about "the ethical appropriateness" of sample advertisements described as follows: Example #1: Photo of council member (sic) Pilago and council candidate he supports. Caption: "As a resident of Kona, I support (name of council candidate)." Example #2: Photo of council member (sic) Pilago and council candidate he supports. Caption: "I'm a resident, I care for Kona, I endorse (name of council candidate)." In response to your email, our office provided you the following supplemental guidance on October 5, 2006:' The County Board of Ethics is charged with issuing informal advisory opinions on matters concerning our Ethics Code, and not the attorneys in our office. If you ask an attorney from our office whether a particular ad violates our Ethics Code, what you essentially get is our best estimate of what the Board may conclude. So, you should know that our opinions or recommendations may not be conclusive with respect to the ultimate question of whether something violates the Ethics Code. Your office was also provided a copy of a blank petition for the Board of Ethics, but was advised that due to the late nature of this inquiry, it was unlikely the Board would have the time to issue an informal advisory opinion by the General Election date. Your office then responded as follows: In that case Lincoln, we await corporation counsel (sic) Leithead-Todd's best estimate of what the Board of Ethics may conclude. To date, all communication on this issue have been between Councilman Pilago's office and Corporation Counsel Lincoln Ashida, as Ms. Leithead-Todd has been out of the office.