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2013-09-11 Board of Ethics minutes
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2013-09-11 Board of Ethics minutes
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MR. HENRICKS: Well, this is an advisory opinion, and we don’t continue on. We just—this is it. On a hearing type level, where there was an actual complaint, we continue on to the next step. This one we don’t. So if you want to continue this, people might _________. You understand the distinction? <br /> <br /> MR. ADAMS: I mean—you’ve been doing this for awhile. All mine is just from looking at the rules. So you have the variety of—you have a declaratory judgment, which is what I think I just heard you talk about. And then you have your informal hearing and formal hearing. Are you saying that the decision on the informal hearing becomes a formal hearing if we continue on? <br /> <br /> MR. HENRICKS: There is no more hearings. This is it, an advisory opinion based on his request, that’s all. <br /> <br /> MR. BALSIS: I think what Doug is saying is that for him to make an opinion on giving advice, he would want to hear— <br /> <br /> MR. HENRICKS: That’s all we’re doing. We’re not making a finding of any kind. We’re just giving an advisory opinion. <br /> <br /> MR. ADAMS: Sure. <br /> <br /> MR. HENRICKS: And so it doesn’t go into an actual hearing stage. <br /> <br /> MR. ADAMS: Right. <br /> <br /> MR. HENRICKS: Where you take evidence and such. <br /> <br /> MR. ADAMS: Right. Okay. <br /> <br /> MR. HENRICKS: She might correct me. Go ahead. Do you have something? <br /> <br /> MS. SCHOEN: Well, I think what Doug is saying is he just needs more information. If he’s asking for an opinion as to whether or not—actually, I’m unclear as to what you’re asking. Are you asking this Board to invalidate an existing policy of your department? <br /> <br /> MR. DRUTAR: No, that would come—that would be something on down the line. I’m asking for an advisory opinion as to do I have the right to disqualify myself—I’m sorry, I have it different—do I have the right to disqualify myself from taking an official action directly affecting a private undertaking in which an employee is engaged as a legal advisor, legal counselor, advisor, consultant, or representative—that as a real estate agent, do I have that right to disqualify myself?
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