2014-11-12 Board of Ethics Minutes

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Ms. Schoen: I read this as tracking Chapter 92 the language is identical. Mr. Adams: It’s identical in our Code. So am I missing something? Is there something in here as well that says if you’re going to subpoena, the Board is the subpoena authority? Cause I didn’t see that in here. Is there something I’m missing that’s outside of the realm? Is it in the administrative procedures act that I haven’t gone through all the way yet? Ms. Schoen: Isn’t it your rule that you have that… Mr. Adams: Rather than getting into this, there is more work for me to do on that. I just wanted to make sure that we’re okay with parties to the hearing that want to get information and have access to information, that they may not, because people may not provide it to them. They can come to the Board and the Board can issue a subpoena for that information for those people on their behalf, as a part of the hearing. I want to make sure that’s okay. Mr. Henricks: Maybe that’s what the word opportunity means. Mr. Adams: It may, but I want to make sure. Mr. Henricks: You can read that the word opportunity, it means that they have the right to subpoena, not that they can issue one, but they have the right to. Ms. Schoen: It’s not that they would issue it, they would request the Board, the Board signs it and then it’s issued. Mr. Balsis: I agree with that in terms… Ms. Schoen: Let me just explain it. In my other adjudicatory board, when the parties ask for a subpoena to be issued, either for a witness or documents, the Board Chair reviews it and then if they need it, they will have a pre-hearing conference to do an offer of proof to show relevance, necessity and all of that and then the Board Chair signs it. Mr. Adams: Which we don’t have that procedure here? Ms. Schoen: We don’t. Mr. Adams: That would be something that the Chair would have that authority? We’ve not done it since I’ve been here, but I’m assuming that it’s 14