2015-05-13 Regular Session Minutes Board of Ethics

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start the process of having a petition. I would ask this question I was gonna ask for 2015-03, but it actually is pertinent here. I know that there are other investigations are going on at the State level. So I would ask Counsel in particular for the gift disclosure potential investigation or hearing. Is this something that the State is also looking at? That you're aware of? Mr. Murai: I'm not aware of any specifics of any Attorney General inquires. Mr. Adams: Into this gift disclosure piece or on all things. Mr. Murai: I'm not aware of any specific inquiry about gift disclosures. I do point out though that the gift disclosures are not mandatory. They're only required if there is a gift that meets the criteria of the rules. Mr. Adams: Correct. So if we take a look at that right. So if we take a look at what the Code talks about. We actually have two (2) separate sections that talk about it. Right. The first section talks about the soliciting, accepting or receiving of any gift. It gives a whole variety of things it could be a gift. Under and the key there is it's also under circumstances which it can reasonable inferred that the gift is intended to influence the officer/employee in the performance of that officer/employees official duties or is intended as reward for any official action. That's one section. So there's a two parted there, you have gift and you also have the idea that gift is going to be a reward or influence. Then you have the other section is referencing the reporting of the gifts. This is one that I am based on the information we have seen in the news media that troubles me because it does say that every officer/employee shall file a gift disclosure statement by June 30 of each year given the following conditions. It talks about these variety of conditions and then it talks about what you would do with the gift. Then it gives you some of the exclusions from the reporting. I'm not sure in my mind that it's clear to me that 2-91.5 is not a concern here. I would be inclined to, we're in the middle of a discussion on motion. So I won't make a motion in the middle of that. I would be inclined when the time is correct to move for a resolution that would have us take a look at the implications of 2-91.5 given the information that we have. Again I haven't made that motion so this is all discussion.