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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. ADAMS: So if I might, this is really—we could try and make this a discussion of 84(a), but it really is not, because really what you’re trying to do is—you’re not talking about what’s happened to you in terms of the investigation and punishment. What you’re talking about is there’s a policy now that has recently been written, whether or not it was always the case or not, but it was recently written by your department, that you disagree with. <br /> <br /> MR. DRUTAR: Yes, sir. <br /> <br /> MR. ADAMS: And you want to use the—because it’s specifically associated with the conflict of interest provision within the County, within the Code, you want to get the Board’s opinion on whether or not that policy is in accordance with the Code. <br /> <br /> MR. DRUTAR: Yes, sir. I think— <br /> <br /> MR. ADAMS: And so given that, this is no longer an individual case. This is now a contested case. And it’s not that you can’t do this, it’s that we do need to hear from the department as to their opinion on their—in my opinion we’d have to hear from the department on their opinion as to theirs as well. So we’ve heard partially yours. If you then came back to us with a different petition that was in accordance, which was—I don’t know, you would know—but was really associated with addressing the policy as opposed to your individual informal—your request for your individual situation, then that may be—well, that’s going to be different from what we’re doing now. <br /> <br /> MR. DRUTAR: Okay. But is this the proper forum for that, asking for an interpretation of a policy they’re writing? Because they’re just writing it on their own, and then—I mean, someone’s got to make sure what they’re doing is legal by the Code. And so I’m fine with whatever procedure needs to happen for that, but just them writing a policy doesn’t make it so. It needs to be—it needs to be legal. <br /> <br /> MR. HENRICKS: I would challenge them on your disciplinary action. I would appeal it and make them bring the policy as the reason they disciplined you. <br /> <br /> MR. DRUTAR: Oh, they’re not saying it’s the policy. They’re saying that the action as a real estate agent is in and of itself a violation of HCC— <br /> <br /> MR. HENRICKS: --All right, that’s what I’m saying. That in itself should be challenged, all right? <br /> <br /> MR. DRUTAR: Okay, yes, sir. <br /> <br /> MR. HENRICKS: By appealing it, you challenge it. <br /> <br /> MR. DRUTAR: Yes, sir. <br />
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