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2012-09-12 Board of Ethics minutes
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2012-09-12 Board of Ethics minutes
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petitioners did request a closed hearing on this, just in an effort to keep their names off <br />the record. Do you have any objections to holding a closed hearing for this petition? <br /> <br />MR. KERN: Could you elaborate on what a closed hearing means? <br /> <br />MR. DILL: Counsel? <br /> <br />MS. SCHOEN: It would mean that the matter is closed to the public and only the Board, <br />the petitioner, and the respondents would be present. Right now your petition is set for <br />an initial review, so that means the Board has to decide whether or not it has enough <br />information as is, whether or not it wants to proceed to either an informal or a formal <br />hearing, or whether it wants to dismiss the petition. So those are the Board’s options <br />today. I have spoken with the petitioners yesterday, and they did relate to me that they <br />were not coming today because they did not want their identities known, and they <br />expressed safety concerns and asked whether or not the Board would consider holding <br />the matter in closed session. And I just said I’d relay that information to the Board. <br />Certainly if this matter goes for a formal type proceeding, then you have—you as the <br />respondent can ask for a closed hearing, but you also have the right to confront and <br />cross-examine and present evidence and all of that. So it’s a little bit more involved. <br /> <br />MR. KERN: Okay. And as far as the request for a closed hearing now, do I still get to <br />participate? <br /> <br />MS. SCHOEN: Oh yes, you would be here. <br /> <br />MR. DILL: You would be here. <br /> <br />MR. KERN: I leave that up to the Board’s decision. I have no objection either way. <br /> <br />MR. DILL: Okay. So essentially what we’re doing is responding to the request of the <br />petitioners. If the respondent doesn’t have any objections, then the Board can decide <br />whether to move forward with a closed hearing or open hearing. Any discussion, Board <br />members? Preference either way? <br /> <br />MR. HENRICKS: I so move that we go into closed hearing. <br /> <br />MR. HISASHIMA: I’ll second. <br /> <br />MR. DILL: All right, so we have a motion and a second to go carry forward with a <br />closed hearing. All in favor, say aye. <br /> <br />MR. HENRICKS, MR. HISASHIMA, MR. BALSIS, MR. DILL (simultaneously): Aye. <br /> <br />MR. DILL: Okay, so what we’ll do—you can stick around, and everybody else needs to <br />step out while we discuss our initial review of this petition. Thank you. <br /> <br />Mr. Dill called for a five-minute break before resuming the matter in closed session. <br /> <br /> <br />
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