2012-11-19 Board of Ethics minutes

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I understand that the person who opposed me, who was supported by the Mayor, was requested to attend. I think that this is wrong and should not be permitted. I also think that it’s not a matter of—in my view we should be looking at how do we solve problems and not—and this goes beyond what’s legal, but just in terms of why it’s important, not having people going on one side or another. I had union employees apologizing to me for this happening and that they had no control. I would like to see this stopped. I think you should have decided this last time and not left it till after the election. I’ve always supported many union positions and I would certainly have liked to speak and I’d like to talk to them then. So I just hope you—I don’t think union contracts or any other contracts trump the law, and I ask you to please uphold the ethics rules. Thank you. Mr. Dill called up Cheryl King, who had also signed up to testify on agenda item 5a (Petition No. 2012-03). MS. KING: Good morning, commissioners and Ms. Schoen and Ms. Fujio. Thank you for being here. Commissioners, thank you for having agreed to accept this petition that I submitted for further consideration at your initial hearing in September. It is clear that the County Ethics Code prohibits the use of County time and facilities for campaign purposes. However, this did happen when County workers were released with pay to attend union informational meetings at which only union-endorsed candidates spoke, i.e., campaigned, sometimes in County buildings. At the September meeting I was asked who the respondent was, a question that was not asked on the form I had to fill out, or I might have been better prepared. I tried to say both the union and the County but was told I had to pick one. Put on the spot, it made more sense to pick the County, as the County Ethics Code forbids campaigning on County time. Nonetheless, everyone should be held responsible for what happened. By everyone, I mean the County, the union management, and the candidates who attended. Perhaps County supervisors did not realize that they were releasing workers to attend a campaign event. Perhaps the union management did not realize the County Code prohibited its workers from attending a campaign event in the guise of a union informational meeting permitted by the union contract. Perhaps some of the candidates who spoke at this event did not realize that only union-endorsed candidates were being invited and that they were being unethical by not providing a level playing field for their opponents. Perhaps, perhaps, perhaps. What we do know is that some County workers were uncomfortable at having to listen to speeches by candidates they did not support and did not want to cause problems with their co-workers or supervisors by openly protesting. We do know that the County Code of Ethics should have protected these workers. It did not. If the Board of Ethics commissioners do not take a strong stand against this practice, it will happen again, and public confidence in the County’s Code of Ethics and the County’s boards and commissions will be undermined. Thank you. Mr. Dill called up Kerri Marks, who had signed up to testify on agenda items 5a (Petition No. 2012-03) and 4a (Petition No. 2012-05). MS. MARKS: Good morning, thank you. First I would like to make a comment on your agenda. I think that it’s nice that you crossed out Wednesday and written in Monday. But the email didn’t go out like that, and so it was very confusing to people whether this 2