2013-11-13 Board of Ethics minutes

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or equipment. And so that would at least put that form of the section in, be appropriate for that. But there is a section (b) that’s part of 2-83 that talks about using or attempting to use the officer’s or employee’s official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment for oneself or others. And that’s kind of harsh language, but the fact is that when I look at non-profit organizations, your ability to take yourself out of the funding chain when you’re the president--and when your specific by-laws that you provided to us as a part of the packet specifically identify that the president can also serve as the treasurer if that becomes a need--makes it difficult, frankly, for you or for that individual who holds that position to get out of the way. And so I would be a little bit more stringent in suggesting that when there is—for me it would be necessary that the by-laws be changed in your organization that specifically relate to the positions and the connection of the individuals holding those positions with the County or frankly any government, when it looks like there is a chance that that organization may have the opportunity in the future for potential grants or other funding situations, or other use of County material, particularly in a natural disaster type of situation. So what we want to make sure is that you—what I want to make sure is that if you’re going to hold this position in the non-profit and at the same time maintain your position in Civil Defense as an official in CDA, that the non-profit paperwork documents are specific enough to create a firewall between your responsibilities and—not just yours but anybody’s who might find themselves in a similar situation—responsibilities as a County or government official and then their responsibilities in that non-profit realm. Is that clear, what I’m saying there? MR. HANSON: I understand where you’re going with that, yes. MR. ADAMS: And frankly, until I could see that, I would be inclined to not support your taking on the position of any officer in the club. Member, not an issue. But an officer in a non-profit, particularly one that’s incorporated by the state, which I believe yours is, then that’s an official organization that’s been chartered by the state, and you have specific responsibilities as an officer under state law. And so given that, I would find it difficult to support your holding those positions until your by-laws create that firewall, for me. MR. BALSIS: Are there any other comments? MR. HISASHIMA: No. MR. BALSIS: William, you’ve asked for an informal opinion and you got some informal opinions. MR. HANSON: Thank you. MR. BALSIS: Is everything okay now?