BOARD OF ETHICS
OF THE CITY OF PHILADELPHIA
-----------------------------
J. Shane Creamer, Jr. :
Executive Director :
Philadelphia Board of Ethics :
1515 Arch Street, 18th Floor :
Philadelphia, PA 19102 :
:
v. :MATTER NO. 1412MU14
:
Tracey Gordon :
6543 Windsor Street :
Philadelphia, PA 19142 :
Respondent :
------------------------------
TRANSCRIPT OF HEARING, taken by and before
ERICA CRAGER HEARN, Court Reporter and Notary
Public, at the CITY OF PHILADELPHIA, BOARD OF
ETHICS, Conference Room 18-009, 1515 Arch Street,
18th Floor, Philadelphia, Pennsylvania, on
Tuesday, August 4, 2015, commencing at 11:45 a.m.
- - -
ERSA COURT REPORTERS
30 South 17th Street
United Plaza - Suite 1520
Philadelphia, PA 19103
(215) 564-1233
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
2
A P P E A R A N C E S:
HEARING OFFICER:
RICHARD GLAZER
GENERAL COUNSEL STAFF:
MAYA NAYAK, General Counsel
DIANA LIN, Associate General Counsel
AYODEJI PERRIN, Staff Attorney
ENFORCEMENT STAFF:
J. SHANE CREAMER, JR., Executive Director
MICHAEL J. COOKE, Director of Enforcement
JORDAN SEGALL, Staff Attorney
BRYAN MCHALE, Public Integrity
Compliance Specialist
RESPONDENT:
TRACEY GORDON
ALSO PRESENT:
ANDRE SAWYER
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
3
HEARING OFFICER GLAZER: My name
is Richard Glazer. I'm the Hearing
Officer in the matter number 1412MU14, J.
Shane Creamer, Jr., Executive Director of
Philadelphia Board of Ethics versus Tracey
Gordon.
This hearing was called today for
11:30. It is presently 11:45 and we are
going to call the Respondent, Tracey
Gordon, at telephone number 267-235-0091.
Thank you.
(At this time, a short recess was
taken after which hearing was
recommenced.)
HEARING OFFICER GLAZER: Would
you identify yourself for the record and
tell us what you just did, please?
MR. PERRIN: Yes, my name is
Ayodeji Perrin. I'm a Board of Ethics
staff attorney.
I just telephoned Tracey Gordon
at the phone number that we have on file
for her. I also sent her an email, copied
the parties, and general counsel staff on
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
4
1 the email asking her for her status with
2 regard to this hearing. I asked her to
3 phone the Board of Ethics and inform The
4 Board of her status when she receives the
5 message.
6 HEARING OFFICER GLAZER: Mr.
7 Perrin, was there any response other
8 than voicemail or was there voicemail on
9 the number that you called?
10 MR. PERRIN: Her voicemail box
11 was full. I wasn't able to leave a
12 message, and so, hence, she didn't answer,
13 obviously, but got me to the voicemail.
14 HEARING OFFICER GLAZER: Thank
15 you.
16 Off the record.
17 (At this time, a short recess was
18 taken after which the hearing
19 recommenced.)
20 HEARING OFFICER GLAZER: Back on
21 the record.
22 Mr. Perrin, would you please say
23 for the record what you had just done.
24 MR. PERRIN: I did reach
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
5
1 Ms. Gordon by telephone. She said she was
2 confused with her dates and she thought
3 the hearing began tomorrow. She said she
4 would be able to attend the hearing today
5 at 2:00 p.m., if it was possible to
6 postpone the hearing. She is for sure
7 available tomorrow because that's the day
8 she thought the hearing began.
9 HEARING OFFICER GLAZER: Okay.
10 Still on the record, please.
11 Any thoughts from the Executive
12 Director?
13 MR. COOKE: Thank you,
14 Mr. Hearing Officer.
15 Michael Cooke, Director of
16 Enforcement, on behalf of the Executive
17 Director.
18 We are, of course, prepared to
19 proceed. We have witnesses who are
20 currently waiting. We don't want to do
21 anything that might jeopardize the
22 attendance of witnesses and, therefore,
23 would be reluctant to delay the beginning
24 of the hearing. And we certainly
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
6
1 understand if we're talking about a brief
2 stay of an hour or two to allow her to be
3 here, we can probably be amenable to that.
4 I have to say that we're skeptical that
5 Ms. Gordon will actually appear today,
6 tomorrow or any other day, and, of course,
7 are not thrilled about postponements that
8 might cause damage to our ability to put
9 on our case.
10 HEARING OFFICER GLAZER: Thank
11 you.
12 (A discussion was held off the
13 record.)
14 HEARING OFFICER GLAZER: Back on
15 the record, please.
16 The Hearing Officer is inclined
17 to grant the brief delay until 2:00.
18 I would just ask the Executive
19 Director if there are any of his proposed
20 witnesses that would not be able to
21 testify because of the passage of time
22 between now and 2:00?
23 MR. COOKE: Well, we have two
24 witnesses that are here right now and we
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
7
1 can go ask them if that would, you know,
2 affect their availability in any way and
3 then come back and let you know.
4 HEARING OFFICER GLAZER: Okay.
5 Please.
6 MR. COOKE: Actually, we've got,
7 three of the witnesses here; one of them
8 I'm sure, will be available, though, since
9 he is a staff member.
10 Thank you.
11 (A discussion was held off the
12 record.)
13 HEARING OFFICER GLAZER:
14 Mr. Cooke, have you had a chance to speak
15 to your witnesses?
16 MR. COOKE: Yes, thank you,
17 Mr. Hearing Officer.
18 We have spoken with both of our
19 witnesses. They are both available at
20 2:00 and would be able to return at that
21 time.
22 HEARING OFFICER GLAZER: Okay.
23 I'm instructing Mr. Perrin to contact
24 Ms. Gordon and advise her that we will
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
8
1 proceed at 2:00, and that if she does not
2 show up at 2:00, she will be deemed to
3 have waived her right to a hearing.
4 MR. COOKE: So, a couple of
5 questions: One is what will happen if
6 Mr. Perrin is unable to reach her?
7 HEARING OFFICER GLAZER: He will
8 be sending an email.
9 MR. COOKE: The other is, I would
10 say that -- or the Executive Director's
11 position or preference would be that if
12 Ms. Gordon does not appear at 2:00, that
13 we begin the hearing. We have witnesses
14 that we would like to put on. We feel
15 it's important for us to have their
16 testimony be part of the record, given
17 that Ms. Gordon has filed an answer that
18 denies many of the allegations in the
19 Notice, so we can't rest on the Notice
20 itself.
21 We would propose that if we began
22 the hearing today and she came tomorrow,
23 there would be nothing to bar her from
24 joining the hearing at that point and to
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
9
1 cross-examine whoever is being called that
2 day by the Executive Director, or put on
3 her own case if she chooses to. Just to
4 share with you what our thoughts on that
5 are, not that she would, by failing to
6 appear at 2:00 today, have fully waived
7 the right or ability to appear at the
8 hearing.
9 HEARING OFFICER GLAZER: We
10 anticipated that you might take that
11 position, and we are going to confer to
12 see whether the failure to appear is
13 tantamount to a waiver of the hearing.
14 MR. COOKE: Such that we would
15 not be able to conduct one?
16 HEARING OFFICER GLAZER: That's
17 correct.
18 MR. COOKE: Okay.
19 HEARING OFFICER GLAZER: We would
20 work under Board Reg 2, Supplemental
21 Procedures Memorandum Section 5, which
22 talks about filing a Brief in Support of
23 the Notice in lieu of a hearing. But
24 we're going to confer on that should
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
10
1 that --
2 MR. COOKE: I would just note
3 that if the Executive Director was unable
4 to present testimony through witnesses
5 tomorrow, especially witnesses -- the
6 witness -- one witness in particular who
7 is called tomorrow, I believe it would
8 impair our ability to make that witness's
9 testimony part of the record as I am
10 concerned about ability to obtain that
11 witness's testimony, either in Affidavit
12 or Declaration form, such that it could be
13 submitted with a brief.
14 HEARING OFFICER GLAZER: But you
15 would have been in that same position
16 should a hearing not have been requested
17 by the Respondent.
18 MR. COOKE: Potentially.
19 HEARING OFFICER GLAZER: Yes.
20 MR. COOKE: But we do have the
21 witness committed to appear tomorrow, and
22 so our view is that we are reluctant to
23 relinquish the opportunity to take her
24 testimony under oath.
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
11
1 The other thing I wanted to ask,
2 if I may, is we do have some prehearing
3 administrative matters we wanted to raise
4 with the Hearing Officer. I'm certainly
5 happy to wait until 2:00 to do that, but
6 to also ask, you know, in the interest of
7 efficiency, if we could raise any of that
8 now.
9 HEARING OFFICER GLAZER: I'm
10 reluctant to proceed without Respondent
11 present.
12 As far as preserving this
13 witness's testimony, the witness is under
14 subpoena?
15 MR. COOKE: The witness is not.
16 HEARING OFFICER GLAZER: Not
17 under subpoena, but the witness, as you
18 understand it, will be present?
19 MR. COOKE: Yes.
20 This is a witness that we tried
21 to serve and were unable to do so, but
22 that we spoke with yesterday, Susan
23 McCall, and she said that she would avoid
24 being served with a subpoena, but promised
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
12
1 that she would, in fact, be here tomorrow.
2 HEARING OFFICER GLAZER: Well, if
3 you choose to take the route that the
4 failure to appear is a waiver, then you
5 would obviously have the ability to depose
6 her.
7 MR. COOKE: We can try.
8 HEARING OFFICER GLAZER: Yes.
9 Thank you.
10 (At this time, a short recess was
11 taken at 12:18 p.m. The hearing
12 recommenced at 2:04 p.m.)
13 (At this time, Tracey Gordon and
14 Andre Sawyer joined the hearing.)
15 MR. COOKE: Just note, Mr. Sawyer
16 is not an attorney and given the
17 confidentiality requirements of the
18 Board's Regulation No. 2, I'm not sure
19 that -- it doesn't seem to me that the
20 regulation provides for the participation
21 in an Administrative Adjudication Hearing,
22 of someone, you know, who is not counsel
23 to the Respondent.
24 HEARING OFFICER GLAZER: Ms.
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
13
1 Gordon, on the record, would you address
2 Mr. Cooke's concern about Mr. Sawyer's
3 presence?
4 Could you tell us why he is here
5 and what assistance, if any, he's going to
6 help you with?
7 MS. GORDON: Yes. He's a very,
8 very close friend and confidant of mine,
9 and he's just coming for support services
10 because I don't have anyone here to be
11 able to support me, such as an attorney.
12 So, he has -- I give him permission to
13 hear anything there is to be heard about
14 the case. He knows everything about the
15 case already because he's been one that I
16 confide in as well.
17 HEARING OFFICER GLAZER:
18 Mr. Sawyer, we are going to explain in a
19 few minutes some of the responsibilities
20 of people who are present at these types
21 of hearings.
22 MR. SAWYER: Okay.
23 HEARING OFFICER GLAZER: The one
24 that would be most pertinent to you would
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
14
1 be this issue of confidentiality.
2 MR. SAWYER: Understood.
3 HEARING OFFICER GLAZER: And the
4 question that I would like you to address
5 is that are you willing to fulfill that
6 obligation of maintaining confidentiality
7 of these proceedings with respect to
8 communicating with anyone outside?
9 MR. SAWYER: Affirm.
10 HEARING OFFICER GLAZER: You
11 agree?
12 MR. SAWYER: Yes.
13 HEARING OFFICER GLAZER: Okay.
14 I'm going to be explaining that in a
15 little more detail later.
16 Any objections, Mr. Cooke?
17 MR. COOKE: No, that's fine.
18 HEARING OFFICER GLAZER: Okay.
19 Ms. Gordon, if you wanted to say something
20 before we started.
21 MS. GORDON: Yes, sir.
22 First, I would like to apologize.
23 I actually got the date mixed up and I had
24 something personal to do, and when I
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
15
1 called, I made sure I got down here. So,
2 I want to apologize to you. I wasn't
3 disrespecting your court and I wasn't
4 disrespecting the counsel over here.
5 I have tried to attain -- retain
6 two attorneys on two occasions. One was
7 too busy and the other one was on
8 vacation, and when she gave me the price,
9 it was just like way over my head because
10 of my financial situation.
11 When looking at this case, the
12 only way I would be able to prove my
13 innocence is being able to have an
14 attorney to be able to sort out the
15 technicalities that I've been given by the
16 Board of Ethics.
17 So, I would like to read this
18 statement because I would like -- I don't
19 feel that it's in my constitutional best
20 interest to go about a hearing without
21 having an attorney with me who would
22 thereby be able to get proof of things of
23 the circumstances based on this hearsay.
24 So, I would like to just read
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
16
1 this statement that I'm currently
2 petitioning the Board of Ethics of the
3 City of Philadelphia to afford me the
4 opportunity to legal representation as a
5 result of my current indigent disposition,
6 because the current process is
7 unconstitutional and doesn't allow due
8 process.
9 My inability not to obtain
10 comprehensive counsel is a direct result
11 of the legal termination by the Singer
12 Administration. As noted in official City
13 documents, all of the charges carry a fine
14 of no more than $300 for termination. I
15 continue to dispute the charges as being
16 politically generated and without merit,
17 but my current financial status impedes my
18 ability to address and challenge the
19 charges with capable representation.
20 Under the report issued by the
21 Task Force and Advisory Committee on
22 Services to Indigent Defendants called A
23 Constitutional Default, Services to
24 Indigent Defendants 2011, it clearly
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
17
1 states in the landmark case of Gideon vs.
2 Wainwright, the U.S. Supreme Court ruled
3 that free counsel for criminal and civil
4 defendants who cannot afford to hire an
5 attorney is mandated upon by the 6th
6 Amendment of the United States
7 Constitution.
8 Justice Hugo Black explained why
9 this conclusion is necessary if the courts
10 of this nation are to adhere to genuine
11 justice.
12 These reflections require us to
13 recognize that it is our adversary system
14 of criminal and civil justice. Any person
15 haled into court, who is too poor to hire
16 a lawyer, cannot be assured a fair trial
17 unless counsel is provided for him or her.
18 This seems to us to be an obvious truth.
19 Governments, both state and federal, quite
20 properly spend vast sums of money to try
21 defendants accused of a crime. Lawyers
22 to prosecute are everywhere deemed
23 essential to protect the public's interest
24 in an orderly society. Similarly, there
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
18
1 are a few defendants charged with crime,
2 few indeed, who fail to hire the best
3 lawyers they can get to prepare and
4 present their defenses. That government
5 hires lawyers to prosecute and defendants
6 who have the money hire lawyers to defend
7 are the strongest indications of the
8 wide-spread belief that lawyers in
9 criminal courts are necessities, not
10 luxuries. The right of one charged with
11 crime to counsel may not be deemed
12 fundamental and essential to fair trials
13 in some countries, but it is in ours.
14 The United States Supreme Court
15 has subsequently extended the requirement
16 of free counsel from the felony
17 prosecution involved in Gideon to civil
18 and misdemeanor prosecutions and juvenile
19 proceedings and from the trial -- trial
20 itself to all critical proceedings.
21 I would like to schedule a date
22 and time to further discuss how legal
23 representation will be afforded in my case
24 and how I can continue to look for,
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
19
1 because I have been diligently looking for
2 legal counsel -- sorry, I'm so nervous.
3 I was approached by counsel to
4 take a plea, an agreement, to drop all the
5 charges except one, and the one charge
6 that they wanted me to keep was the one
7 that would be most damaging to my
8 reputation. Because my reputation is
9 community service, and this one charge is
10 a charge that's really based on hearsay, I
11 rejected that. I rejected that because I
12 felt like I didn't do it. And I'm not
13 going to plead guilty based on a plea deal
14 for something that I didn't do.
15 So right now, I'm nervous. I
16 can't -- I can't go up with a machine of
17 attorneys without having an attorney for
18 myself and I do think that it is my right.
19 Now, I don't know all the
20 requirements that's going on, but I did
21 try my best and I do have a letter where
22 Michael Cooke even said, himself, that I'm
23 not going to be able to find an attorney
24 for this case, and I didn't understand
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
20
1 where that came from, because everybody
2 should be able to find an attorney. The
3 problem is would everybody be able to
4 afford an attorney.
5 So, in all due respect to you,
6 your time and The Court, I do not want to
7 proceed with this because it's like
8 hanging a noose around my neck to proceed
9 in a trial when I don't have expert advice
10 on what to say, what not to say, how to do
11 deposition. I even tried to research to
12 see how I could do my own deposition. I
13 didn't have access to witnesses that I
14 felt that could have came in here and
15 could defend my reputation.
16 So, at this point, I just want to
17 come and pay respect. I don't know the
18 process, but I am in no position to
19 proceed with this procedure without an
20 attorney.
21 HEARING OFFICER GLAZER: Thank
22 you.
23 MS. GORDON: Thank you.
24 HEARING OFFICER GLAZER:
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
21
1 Mr. Cooke.
2 MR. COOKE: Thank you,
3 Mr. Hearing Officer.
4 We note that, in fact, what
5 Respondent Gordon has requested is another
6 continuance to allow her time to find an
7 attorney. The Board rejected her most
8 recent request along those lines and we
9 opposed it as well.
10 We certainly sympathize with
11 Ms. Gordon's desire to be represented by
12 counsel. We would certainly prefer that
13 she was represented by counsel at the
14 hearing, but the unfortunate reality is,
15 based on our experience with this
16 particular proceeding, we are very
17 skeptical that Ms. Gordon would, in fact,
18 be able to retain counsel. This matter
19 was initiated in December of last year,
20 that is over eight months ago, that is an
21 extensive amount of time in which to find
22 an attorney to represent her. There have,
23 in fact, been at least two attorneys who
24 have entered their appearance in this
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
22
1 matter and subsequently withdrawn. We
2 don't have confidence that if the matter
3 was to be continued indefinitely until
4 Ms. Gordon was able to be represented by
5 counsel, that the matter would, in fact,
6 ever go forward. We, of course, are
7 keenly sympathetic to the difficult
8 circumstances for folks who are unable to
9 afford representation in a civil context
10 and do not wish to down-play the
11 seriousness of that difficulty that
12 Ms. Gordon faces, and note, of course,
13 that Gideon vs. Wainwright only applied to
14 representation in a criminal context.
15 While The Courts have extended the right
16 to counsel in some circumstances in the
17 civil context, an Administrative
18 Proceeding of The Board is not one of
19 them. There is not an obligation of the
20 State to provide counsel to Ms. Gordon in
21 a hearing such as this, or to decline to
22 prosecute that matter if she is not
23 represented.
24 So, for those reasons, we would
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
23
1 continue to oppose the request for the
2 continuance.
3 I do want to make a final point
4 to correct what I believe is a
5 misunderstanding or misrepresentation by
6 Ms. Gordon. At no point has Enforcement
7 staff offered a settlement that would
8 involve dropping all of the charges
9 against her but one. We, of course, are
10 always open to settlement discussions, but
11 that is not at all something that we have
12 discussed with her as the specifics that
13 she outlined.
14 So, I'll just conclude there and
15 say, again, it is with regret that we feel
16 that we must oppose her request for a
17 continuance at this time.
18 MS. GORDON: Can I say one more
19 thing?
20 HEARING OFFICER GLAZER: Yes.
21 MS. GORDON: Okay. I understand
22 that when -- when -- when this case first
23 came up, before the investigation even
24 took place, I was automatically suspended
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
24
1 without pay. After the findings from The
2 Board, before I appealed them, the
3 recommendations from The Board was fines.
4 I was terminated.
5 So, I'm not asking for sympathy,
6 but imagine you don't have pay and you
7 have a house, and you have electric and
8 bills that you have to pay, so it's easy
9 to say I have enough time to get
10 attorneys, but attorneys that you hire
11 have to feed their families as well. And
12 just because I don't have an attorney does
13 not mean I'm guilty.
14 I'm saying -- I'm asking The
15 Court could they afford me an attorney,
16 because my circumstances is now currently
17 I don't even get Unemployment. I am
18 currently on public assistance. And so I
19 am not looking for sympathy -- sympathy or
20 a handout, I'm looking for consideration
21 that they got two binders full of
22 allegations that they were willing to
23 throw out all of them except one, and the
24 one that they wasn't willing to throw out
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
25
1 was most damaging to my reputation.
2 Because I am a community leader in my
3 community, when you Google my name the
4 first thing that comes up is a mean
5 picture of me violating ethics, and to the
6 public, that looks like I'm guilty, even
7 though I haven't even gotten a chance to
8 defend myself. But public perception is
9 real in this city, so I'm just saying that
10 I understand that the way The Board and
11 the City is set up, based on the reactions
12 of the Commission, I'm already guilty
13 because even The Board said that I got
14 suspended from the Commission before the
15 investigation even started. Then after
16 their recommendations was finable
17 offenses, I got fired.
18 This is all politically
19 motivated, I --
20 HEARING OFFICER GLAZER:
21 Ms. Gordon, I don't mean to cut you off.
22 MS. GORDON: Okay.
23 HEARING OFFICER GLAZER: I think
24 you made your points already.
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
26
1 MS. GORDON: Okay.
2 Thanks, Your Honor. I apologize,
3 Mr. Glazer.
4 HEARING OFFICER GLAZER: I'm the
5 Hearing Officer, so I'm not a judge, but
6 I'm going to deny your request for a
7 continuance.
8 I am going to take great pains
9 and make great effort to explain these
10 proceedings as we go forward, and if at
11 any point you don't understand anything,
12 please ask me and I will do my best to try
13 to make it understandable to you.
14 MS. GORDON: Okay.
15 HEARING OFFICER GLAZER: Are you
16 ready to proceed?
17 MS. GORDON: Proceed with what?
18 HEARING OFFICER GLAZER: With the
19 hearing.
20 MS. GORDON: One second.
21 I am not ready to proceed with
22 the hearing.
23 (A discussion was held off the
24 record.)
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
27
1 HEARING OFFICER GLAZER: I've
2 consulted with my counsel and, again, I
3 will restate that you had requested a
4 hearing in this matter, and that's what is
5 taking place today. This is your
6 opportunity to defend yourself at this
7 hearing. So, we are going to go forward
8 and I am going to read a series of things
9 that are going to outline how this day is
10 going to go forward.
11 MS. GORDON: Well, I need to take
12 a break before we start.
13 HEARING OFFICER GLAZER: Okay.
14 We'll take a short postponement. Is five
15 minutes going to be sufficient?
16 MS. GORDON: Yes.
17 HEARING OFFICER GLAZER: Okay.
18 (At this time, a short break was
19 taken.)
20 HEARING OFFICER GLAZER: We're
21 now on the record and we didn't identify
22 ourselves on the record, so I will go on
23 the record.
24 Would the parties and counsel,
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
28
1 please identify themselves?
2 MR. COOKE: Michael Cooke,
3 Director of Enforcement for the Board of
4 Ethics.
5 MR. SEGALL: Jordan Segall, staff
6 attorney, Board of Ethics.
7 MR. MCHALE: Bryan McHale, Public
8 Integrity Compliance Specialist, Board of
9 Ethics.
10 MR. CREAMER: Shane Creamer,
11 Executive Director of the Board of Ethics.
12 HEARING OFFICER GLAZER:
13 Ms. Gordon.
14 MS. GORDON: Tracey Gordon.
15 HEARING OFFICER GLAZER: Sir.
16 MR. SAWYER: Andre Sawyer.
17 HEARING OFFICER GLAZER: Thank
18 you.
19 Good afternoon, everyone. Today
20 we are gathered to consider Board of
21 Ethics matter No. 1412MU14, J. Shane
22 Creamer, Jr., Executive Director of
23 Philadelphia Board of Ethics versus Tracey
24 Gordon, and to provide Respondent Gordon
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
29
1 the hearing she has requested in this
2 matter.
3 My name is Richard Glazer. I am
4 The Board's Hearing Officer presiding over
5 this hearing.
6 The date is Tuesday, August 4th,
7 2015 and the time is 2:30 p.m. The
8 location of this hearing is the Board of
9 Ethics Conference Room 18-009 located at
10 1515 Arch Street, 18th Floor,
11 Philadelphia, Pennsylvania 19102.
12 This hearing is convened under
13 Section 4-1100 of the Home Rule Charter,
14 Section 20-606(1)(h) of the Philadelphia
15 Code and Board Regulation No. 2.
16 The Board of Ethics has
17 jurisdiction to enforce all provisions of
18 the Charter and Code pertaining to ethical
19 matters including adjudication of alleged
20 violations. The Board may conduct the
21 hearing, may make findings of violation
22 and may issue civil penalties.
23 On December 12, 2014, the
24 Executive Director served the Respondent,
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
30
1 Ms. Tracey Gordon, with a Notice of
2 Administrative Enforcement Proceeding.
3 The Notice alleges that Respondent Gordon
4 solicited gratuities and accepted a
5 gratuity in violation of 10-105 of the
6 Philadelphia Home Rule Charter, engaged in
7 political activity in violation of
8 10-107(3) and 10-107(4) of the Charter and
9 failed to cooperate with The Board and
10 obstructed The Board's investigation in
11 violation of Code Section 20-606(2).
12 The Executive Director is seeking
13 an aggregate civil penalty of $3,800 based
14 on the following:
15 Under Code Section 20-606(1)(h)
16 and Board Regulation No. 8.26 and Charter
17 Section 10-109, a violation of Sections
18 10-105 and 10-107 of the Home Rule Charter
19 subject to a civil penalty of $300 that
20 The Board may impose.
21 The Executive Director is seeking
22 a separate civil penalty of $300 for each
23 of the six counts alleging a violation of
24 Charter Section 10-105 and 10-107.
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
31
1 Under Code Sections 20-606(1)(h)
2 and 20-1302 in violation of Section
3 20-606(2) is subject to a base penalty of
4 $1,000 which may be reduced or increased
5 subject to mitigating or aggregating
6 factors. And the Executive Director is
7 seeking a penalty of $2,000 based on an
8 aggregating factor of obstructing a Board
9 investigation that is identified in Code
10 Section 20-1302(1)(b)(iii).
11 Board Regulation No. 2, Paragraph
12 2.13(a) and 2.14 provide Respondent with
13 the right to respond in writing to the
14 Notice of Administrative Enforcement
15 Proceeding and the right to a hearing to
16 contest the allegations in the Notice,
17 which must be requested in Respondent's
18 written response to the Notice by the
19 established deadline.
20 The Board of Ethics's
21 determination once this hearing is
22 completed will be based on whether the
23 Executive Director has met the burden of
24 proof by a preponderance of the evidence.
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
32
1 As the party prosecuting the charges of
2 violation, the Executive Director bears
3 the burden of demonstrating by a
4 preponderance of the evidence that it is
5 more likely than not, that is that there
6 is a greater than 50 percent chance, that
7 the facts he alleges are true based on the
8 evidence in the record and that Respondent
9 Gordon committed each alleged violation.
10 I am now going to explain the
11 roles of the various people here.
12 The role of the Hearing Officer:
13 Once again, my name is Richard
14 Glazer, I was formerly the Chair of the
15 Ethics Board from its inception in 2006
16 until 2012. The Board of Ethics has
17 appointed me as its Hearing Officer. I
18 will preside over this hearing, including
19 issuing oaths of testimony, ruling on
20 admissibility of evidence and maintaining
21 order, and I will prepare Findings of Fact
22 and Conclusions of Law for The Board's
23 consideration. I may ask questions of the
24 witnesses and the parties. As The Board's
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
33
1 designee presiding over this hearing, it
2 is my duty to conduct a fair hearing. I
3 will do this by allowing the parties to
4 present their positions at reasonable
5 length by listening carefully and
6 attentively, by maintaining decency and
7 decorum, by following The Board's
8 procedures and ensuring an orderly
9 presentation of the evidence and issues,
10 and by ensuring that a complete record is
11 made of the proceedings. I may exclude an
12 individual from a hearing or limit the
13 number of persons attending the hearing as
14 necessary to maintain order and
15 efficiency. Since the Respondent, Ms.
16 Gordon, is proceeding pro se, that means
17 without a lawyer, I'm going to take extra
18 time, if requested, to explain procedures
19 and legal terminology. While doing this,
20 it is not my intention to unduly delay the
21 proceedings or in any way to treat either
22 party unfairly.
23 The role of the Hearing Officer
24 Counsel:
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
34
1 To my right are three lawyers
2 that are representing the Hearing Officer,
3 they are General Counsel Maya Nayak,
4 Associate General Counsel Diana Lin, and
5 Staff Attorney Ayodeji Perrin who will
6 advise me.
7 The Board observes walls of
8 division to separate its adjudicative from
9 its investigatory and prosecutorial
10 functions.
11 Under the walls of division
12 structure established by The Board, during
13 an administrative enforcement proceeding,
14 such as this, the Executive Director and
15 professional staff or consultants
16 directed by the Executive Director
17 carry out the investigatory and
18 prosecutorial functions. The individual
19 members of The Board, The Board's Hearing
20 Officer, General Counsel Nayak, Associate
21 General Counsel Lin and Staff Attorney
22 Perrin carry out the adjudicative
23 functions.
24 The Board of Ethics observes the
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
35
1 walls of divisions with respect to all of
2 its adjudicative enforcement matters and
3 has observed the walls of division in this
4 particular matter No. 1412MU14.
5 Next, the role of the court
6 reporter:
7 This hearing is being
8 transcribed. The court reporter is Erica
9 Hearn. The Board Members will rely upon
10 the transcript in their deliberations on
11 this matter. Please speak loudly, slowly
12 and clearly so that Erica Hearn can make
13 an accurate record. It is my
14 understanding that this transcript will
15 become public after The Board renders its
16 final determination in this matter. As
17 Hearing Officer, only I can direct the
18 court reporter to go off the record. It
19 is only when I so indicate that the court
20 reporter should abstain from taking notes.
21 A statement by parties or attorneys that
22 what they are saying is off the record
23 must be ignored by the court reporter.
24 This is the outline of what we're
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
36
1 going to go through. The hearing is going
2 to proceed as follows:
3 First, any preliminary motions or
4 matters will be raised, and then there
5 will be an opening statement first by the
6 Executive Director and then the Respondent
7 can make an opening statement. After the
8 opening statements, there will be
9 presentation of facts, witnesses and
10 exhibits. Each party has an opportunity
11 for cross-examination of the other party's
12 evidence. The Executive Director would go
13 first, the Respondent next in terms of
14 presentation of facts and evidence and any
15 documents, and then finally at the end
16 there will be summations by the Executive
17 Director and the Respondent.
18 Here are the policies relating to
19 this proceeding, and I talked about this
20 briefly, sir, before and that has to do
21 with confidentiality, and please pay close
22 attention:
23 As the parties have previously
24 been advised, Section 20-606(1)(i), the
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
37
1 City Code and Board Regulation 2,
2 Paragraph 2.15(a) require that The Board's
3 administrative enforcement proceedings,
4 including filings of testimony, are
5 confidential while the adjudication is
6 pending unless the Respondent provides
7 written consent to a public proceeding,
8 which the Respondent in this matter,
9 Ms. Gordon, has not done, therefore, this
10 hearing is confidential.
11 The Board, Board staff and I
12 shall not make the proceeding public or
13 disclose any information about it, except
14 as necessary to carry out their duties.
15 Likewise, Respondent Gordon must keep this
16 proceeding confidential. Respondent
17 Gordon may not disclose information
18 related to this proceeding that she has
19 obtained from The Board or the staff or
20 the proceeding such as the testimony of
21 witnesses. Board Regulation 2, Paragraph
22 2.15(b)(ii) provides two exceptions: One,
23 Respondent Gordon may make such
24 disclosures as are necessary to
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
38
1 participate in the proceeding or to seek
2 legal advice or representation. And, two,
3 Respondent Gordon may disclose information
4 relating to this proceeding that she has
5 obtained from a source other than The
6 Board, Board staff, or the proceeding
7 itself.
8 Finally, all witnesses are bound
9 to keep this proceeding confidential.
10 And, sir, you're not a witness
11 and you're not a party, but this will also
12 apply to you as well.
13 A witness may not disclose
14 information related to this proceeding
15 that the witness has obtained from The
16 Board, Board staff, or the proceeding.
17 Witnesses are not to disclose anything
18 they observe that occurs during this
19 proceeding, including the testimony of
20 other witnesses. However, Board
21 Regulation 2, Paragraph 2.15(b)(iii)
22 provides that a witness may, one, make
23 such disclosures as are necessary to
24 participate in the proceeding or to seek
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
39
1 legal advice, and, two, disclose
2 information related to a proceeding that
3 the witnesses obtained from a source other
4 than The Board, Board staff, or proceeding
5 itself. Once The Board has served notice
6 of its final determination on the
7 Respondent, this adjudication will no
8 longer be pending and The Board and Board
9 staff, Respondent Gordon, and witnesses
10 may disclose any information about the
11 proceeding.
12 Next is ex parte communications.
13 The parties, that is the Executive
14 Director, Counsel for Executive Director,
15 and Respondent Gordon, must not engage in
16 any substantive ex parte communication
17 with any member of The Board, with me as
18 Hearing Officer, the general counsel,
19 Ms. Nayak, or with other general counsel
20 staff concerning this administrative
21 enforcement proceeding. The opposing
22 party should be present or copied on all
23 communications you may have with us about
24 the substance of these proceedings.
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
40
1 Communicating with us regarding the issue,
2 such as scheduling without including
3 opposing party, would not be a substantive
4 ex parte communication.
5 Offering and admitting evidence:
6 The Board and I, as its Hearing
7 Officer, are not bound by technical Rules
8 of Evidence in administrative enforcement
9 proceedings. And I will admit on The
10 Board's behalf all relevant evidence of
11 reasonably probative value. First, I
12 specifically address hearsay evidence
13 which involves a statement made outside
14 this hearing that is offered in this
15 hearing as evidence to prove the truth of
16 the matter asserted. After hearing brief
17 argument on the hearsay objection, I may
18 choose to defer the ruling on the
19 objection and allow the party offering the
20 evidence to present the evidence. I note
21 the Rule regarding hearsay evidence the
22 Pennsylvania Supreme Court has established
23 regarding administrative agency hearings.
24 One, hearsay evidence properly objected to
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
41
1 is not competent evidence to support a
2 finding of fact by an administrative
3 agent. Two, hearsay evidence admitted
4 without objection will be given its
5 natural probative effect and may support a
6 finding of fact if it is corroborated by
7 any competent evidence in the record.
8 Three, a finding of fact based solely on
9 hearsay, even though admitted without
10 objection, will not stand.
11 Second, as Hearing officer, I may
12 take official notice of relevant laws and
13 additional regulations and judicially
14 permissible facts, facts of public
15 knowledge, and physical, technical and
16 scientific facts within The Board's
17 specialized knowledge.
18 Third, it is within my
19 discretion to accept on behalf of The
20 Board copies and excerpts of documents and
21 other records if the original is not in
22 the possession of a party or readily
23 available.
24 I note that Regulation No. 2,
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
42
1 Paragraph 2.17(a)(v) represents that the
2 Executive Director and Respondent must not
3 offer any contested evidence at the
4 hearing, other than from witnesses and
5 documents identified in prehearing
6 exchanges and memorandum filings provided
7 that The Board or I, as its Hearing
8 Officer, may grant exceptions for good
9 cause shown.
10 Adjournments and recesses:
11 I plan to adjourn at
12 approximately 5:00 p.m. each afternoon. I
13 will adjourn slightly earlier if we reach
14 a sensible breaking point or slightly
15 later so as not to interrupt the taking of
16 testimony. I will take brief recesses to
17 provide our court reporter with a needed
18 break. I will also consider requests from
19 the parties to recess for brief periods.
20 It is within my discretion to grant or
21 deny a request for adjournment or recess.
22 Based on the availability of prior
23 counsel, we had scheduled to reconvene at
24 11:30 a.m. each morning.
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
43
1 Would either party object to
2 reconvening at 9:30 a.m. for the remaining
3 days of this hearing?
4 MR. COOKE: Mr. Hearing Officer,
5 could we defer that decision until the
6 conclusion of today's hearing? I think
7 we'll have a better sense if there's
8 anything we feel like we might need to use
9 that time for.
10 HEARING OFFICER GLAZER: Okay.
11 Ms. Gordon? In other words --
12 MS. GORDON: I know what it --
13 HEARING OFFICER GLAZER: Okay.
14 MS. GORDON: I am not going to
15 proceed with this hearing without an
16 attorney. I'm not going to do that.
17 Because I may say something incriminating,
18 it's not fair. So, I'm not going to
19 proceed at all today. I need an attorney.
20 I don't know the technicality. You are
21 four of the best attorneys in the city. I
22 have none.
23 HEARING OFFICER GLAZER: Would
24 you like me to explain the consequences of
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
44
1 your not proceeding?
2 MS. GORDON: Yes.
3 HEARING OFFICER GLAZER: Okay.
4 Your failure to participate, having
5 requested this hearing in the first place,
6 would result in your waiving your right to
7 a hearing. Under Board Regulation No. 2,
8 Supplemental Procedures Memo, Section 5,
9 if a Respondent, that would be you, does
10 not request a hearing, the Executive
11 Director may file a Brief in support of
12 the Notice of Administrative Enforcement
13 Proceeding. Because there will not be a
14 hearing without you present, we are going
15 to utilize The Board's procedures that
16 apply as a result of the Respondent not
17 requesting a hearing.
18 And what's going to happen will
19 be The Board's going to grant the
20 Executive Director 14 days to file a Brief
21 in support of his Notice of Administrative
22 Enforcement Proceeding. The Executive
23 Director may attach to the Brief exhibits,
24 such as deposition transcripts, documents
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
45
1 and affidavits. You, the Respondent, can
2 file a Brief in response to that within 14
3 days of the service of the Executive
4 Director's Brief. Then the Board of
5 Ethics themselves will deliberate on the
6 Briefs and determine by a preponderance of
7 the evidence whether violations of
8 applicable law occurred and The Board will
9 assess penalties for any such violation.
10 The Board will serve notice of its final
11 determination on the Respondent.
12 Do you understand?
13 MS. GORDON: Yes, sir.
14 HEARING OFFICER GLAZER: All
15 right.
16 Would the Executive Director want
17 to say anything before Ms. Gordon leaves?
18 MS. GORDON: And what is the
19 appeal process of that?
20 HEARING OFFICER GLAZER: The --
21 MS. GORDON: Of the findings?
22 HEARING OFFICER GLAZER: My
23 counsel advises me that we should not be
24 giving you legal advice, but we can tell
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
46
1 you and we would urge you to get legal
2 advice on it, that --
3 MR. SAWYER: She's just
4 requesting the protocols.
5 HEARING OFFICER GLAZER: -- The
6 Board's procedure, The Board's decision is
7 final. There are rights of appeal to
8 certain courts, but you would need to get
9 counsel to advise you on that.
10 MS. GORDON: Thank you.
11 And that will be put in writing
12 to me, what you just read?
13 MR. SAWYER: The transcript.
14 HEARING OFFICER GLAZER: The
15 transcript will be available to you.
16 MS. GORDON: Okay. Thank you.
17 MR. COOKE: Do I understand that
18 you have made a decision that even if the
19 Executive Director requests an
20 opportunity --
21 (At this time, Ms. Gordon left
22 the hearing room.)
23 MR. COOKE: -- to utilize the
24 hearing to take testimony, that that is
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
47
1 not the procedure that you are going to
2 follow?
3 HEARING OFFICER GLAZER: We feel
4 comfortable that the failure to
5 participate, the leaving of a hearing, is
6 tantamount to waiving.
7 MR. COOKE: I completely agree
8 that it constitutes waiver. You know, my
9 view is that just because she has waived
10 the right to hearing does not mean that
11 The Board is precluded from holding a
12 hearing.
13 4-1100 of the Charter
14 specifically provides that The Board can
15 convene hearings. Other administrative
16 agencies in similar contexts will proceed
17 with the hearing if the Respondent fails
18 to appear, but you've made your decision.
19 I don't want to belabor the point.
20 HEARING OFFICER GLAZER: I'm
21 happy to confer with counsel.
22 Do you have anything to provide
23 to us in terms of legal authority?
24 MR. COOKE: Yes, I do. But, I
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
48
1 mean, Ms. Gordon has left now with the
2 understanding that this is going to be
3 handled on Briefs. So, I think it's kind
4 of difficult for us to change that.
5 HEARING OFFICER GLAZER: I mean,
6 would it have been nice if the language
7 specifically said once having requested a
8 hearing and failing to show up will be
9 deemed a waiver? Yes, it would be nice if
10 it said that, but we see it as being on
11 equal footing with not having requested a
12 hearing in the first place, in which case,
13 it would have been handled on -- you
14 couldn't have had a hearing if she didn't
15 request one, correct?
16 MR. COOKE: Correct.
17 HEARING OFFICER GLAZER: Okay.
18 MR. COOKE: Correct.
19 HEARING OFFICER GLAZER: Okay.
20 We see it on equal footing --
21 MR. COOKE: I think that's
22 correct.
23 HEARING OFFICER GLAZER: -- with
24 her not -- that's correct.
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
49
1 MR. COOKE: Okay.
2 HEARING OFFICER GLAZER: Okay.
3 Off the record.
4 (A discussion was held off the
5 record.)
6 HEARING OFFICER GLAZER: I have a
7 final statement.
8 I would to thank the Executive
9 Director for taking the time to prepare
10 for and for appearing at this hearing.
11 I thank the court reporter for
12 transcribing this proceeding.
13 The Respondent having appeared
14 and refusing to participate and
15 voluntarily leaving, this hearing is now
16 adjourned.
17 General counsel, our staff, will
18 provide a copy of this hearing transcript
19 to the parties.
20 Thank you.
21 MR. COOKE: May I clarify the
22 date on which a Brief is due, is it two
23 weeks from today?
24 HEARING OFFICER GLAZER: 14 days
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
50
1 from -- well, let me ask you from
2 receiving the transcript to how much time
3 would you like?
4 MR. COOKE: Well, two weeks from
5 receiving the transcript will be fine.
6 I'm going to be out of town next week. Do
7 you know how long it would take to do the
8 transcript?
9 COURT REPORTER: Two weeks is the
10 normal, ten business days.
11 MR. COOKE: Then that should be
12 fine.
13 HEARING OFFICER GLAZER: Thank
14 you.
15 (Hearing adjourned at 2:55 p.m.)
16
17
18
19
20
21
22
23
24
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
51
C E R T I F I C A T I O N
I, ERICA CRAGER HEARN, Professional Court
Reporter and Notary Public, do hereby certify that
the foregoing is a true and accurate transcript of
the stenographic notes taken by me in the
aforementioned matter.
- - -
DATE: AUGUST 5, 2015 ____________________
ERICA CRAGER HEARN
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
52
A
ability 6:8 9:7 10:8
10:10 12:5 16:18
able 4:11 5:4 6:20
7:20 9:15 13:11
15:12,13,14,22
19:23 20:2,3 21:18
22:4
abstain 35:20
accept 41:19
accepted 30:4
access 20:13
accurate 35:13 51:7
accused 17:21
activity 30:7
additional 41:13
address 13:1 14:4
16:18 40:12
adhere 17:10
adjourn 42:11,13
adjourned 49:16
50:15
adjournment 42:21
Adjournments 42:10
adjudication 12:21
29:19 37:5 39:7
adjudicative 34:8,22
35:2
Administration
16:12
administrative 11:3
12:21 22:17 30:2
31:14 34:13 37:3
39:20 40:8,23 41:2
44:12,21 47:15
admissibility 32:20
admit 40:9
admitted 41:3,9
admitting 40:5
adversary 17:13
advice 20:9 38:2 39:1
45:24 46:2
advise 7:24 34:6 46:9
advised 36:24
advises 45:23
Advisory 16:21
affect 7:2
Affidavit 10:11
affidavits 45:1
Affirm 14:9
afford 16:3 17:4 20:4
22:9 24:15
afforded 18:23
aforementioned 51:9
afternoon 28:19
42:12
agencies 47:16
agency 40:23
agent 41:3
aggregate 30:13
aggregating 31:5,8
ago 21:20
agree 14:11 47:7
agreement 19:4
allegations 8:18
24:22 31:16
alleged 29:19 32:9
alleges 30:3 32:7
alleging 30:23
allow 6:2 16:7 21:6
40:19
allowing 33:3
amenable 6:3
Amendment 17:6
amount 21:21
Andre 2:24 12:14
28:16
answer 4:12 8:17
anticipated 9:10
apologize 14:22 15:2
26:2
appeal 45:19 46:7
appealed 24:2
appear 6:5 8:12 9:6,7
9:12 10:21 12:4
47:18
appearance 21:24
appeared 49:13
appearing 49:10
applicable 45:8
applied 22:13
apply 38:12 44:16
appointed 32:17
approached 19:3
approximately 42:12
Arch 1:5,15 29:10
argument 40:17
asked 4:2
asking 4:1 24:5,14
asserted 40:16
assess 45:9
assistance 13:5 24:18
Associate 2:6 34:4,20
assured 17:16
attach 44:23
attain 15:5
attend 5:4
attendance 5:22
attending 33:13
attention 36:22
attentively 33:6
attorney 2:7,14 3:20
12:16 13:11 15:14
15:21 17:5 19:17,23
20:2,4,20 21:7,22
24:12,15 28:6 34:5
34:21 43:16,19
attorneys 15:6 19:17
21:23 24:10,10
35:21 43:21
August 1:17 29:6
51:22
authority 47:23
automatically 23:24
availability 7:2 42:22
available 5:7 7:8,19
41:23 46:15
avoid 11:23
Ayodeji 2:7 3:19 34:5
a.m 1:17 42:24 43:2
B
back 4:20 6:14 7:3
bar 8:23
base 31:3
based 15:23 19:10,13
21:15 25:11 30:13
31:7,22 32:7 41:8
42:22
bears 32:2
began 5:3,8 8:21
beginning 5:23
behalf 5:16 40:10
41:19
belabor 47:19
belief 18:8
believe 10:7 23:4
best 15:19 18:2 19:21
26:12 43:21
better 43:7
bills 24:8
binders 24:21
Black 17:8
Board 1:1,4,14 3:5
3:19 4:3,4 9:20
15:16 16:2 21:7
22:18 24:2,3 25:10
25:13 28:3,6,8,11
28:20,23 29:8,15,16
29:20 30:9,16,20
31:8,11,20 32:15,16
34:7,12,19,24 35:9
35:15 37:1,11,11,19
37:21 38:6,6,16,16
38:20 39:4,4,5,8,8
39:17 40:6 41:20
42:7 44:7 45:4,8,10
47:11,14
Board's 12:18 29:4
30:10 32:22,24 33:7
34:19 37:2 40:10
41:16 44:15,19 46:6
46:6
bound 38:8 40:7
box 4:10
break 27:12,18 42:18
breaking 42:14
brief 6:1,17 9:22
10:13 40:16 42:16
42:19 44:11,20,23
45:2,4 49:22
briefly 36:20
Briefs 45:6 48:3
Bryan 2:15 28:7
burden 31:23 32:3
business 50:10
busy 15:7
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
53
C
C 2:1 51:1,1
call 3:9
called 3:7 4:9 9:1
10:7 15:1 16:22
capable 16:19
carefully 33:5
carry 16:13 34:17,22
37:14
case 6:9 9:3 13:14,15
15:11 17:1 18:23
19:24 23:22 48:12
cause 6:8 42:9
certain 46:8
certainly 5:24 11:4
21:10,12
certify 51:6
Chair 32:14
challenge 16:18
chance 7:14 25:7
32:6
change 48:4
charge 19:5,9,10
charged 18:1,10
charges 16:13,15,19
19:5 23:8 32:1
Charter 29:13,18
30:6,8,16,18,24
47:13
choose 12:3 40:18
chooses 9:3
circumstances 15:23
22:8,16 24:16
city 1:1,14 16:3,12
25:9,11 37:1 43:21
civil 17:3,14 18:17
22:9,17 29:22 30:13
30:19,22
clarify 49:21
clearly 16:24 35:12
close 13:8 36:21
Code 29:15,18 30:11
30:15 31:1,9 37:1
come 7:3 20:17
comes 25:4
comfortable 47:4
coming 13:9
commencing 1:17
Commission 25:12
25:14
committed 10:21
32:9
Committee 16:21
communicating 14:8
40:1
communication
39:16 40:4
communications
39:12,23
community 19:9 25:2
25:3
competent 41:1,7
complete 33:10
completed 31:22
completely 47:7
Compliance 2:16
28:8
comprehensive 16:10
concern 13:2
concerned 10:10
concerning 39:20
conclude 23:14
conclusion 17:9 43:6
Conclusions 32:22
conduct 9:15 29:20
33:2
confer 9:11,24 47:21
Conference 1:15 29:9
confidant 13:8
confide 13:16
confidence 22:2
confidential 37:5,10
37:16 38:9
confidentiality 12:17
14:1,6 36:21
confused 5:2
consent 37:7
consequences 43:24
consider 28:20 42:18
consideration 24:20
32:23
constitutes 47:8
Constitution 17:7
constitutional 15:19
16:23
consultants 34:15
consulted 27:2
contact 7:23
contest 31:16
contested 42:3
context 22:9,14,17
contexts 47:16
continuance 21:6
23:2,17 26:7
continue 16:15 18:24
23:1
continued 22:3
convene 47:15
convened 29:12
Cooke 2:13 5:13,15
6:23 7:6,14,16 8:4,9
9:14,18 10:2,18,20
11:15,19 12:7,15
14:16,17 19:22 21:1
21:2 28:2,2 43:4
46:17,23 47:7,24
48:16,18,21 49:1,21
50:4,11
Cooke's 13:2
cooperate 30:9
copied 3:23 39:22
copies 41:20
copy 49:18
correct 9:17 23:4
48:15,16,18,22,24
corroborated 41:6
counsel 2:4,5,6 3:24
12:22 15:4 16:10
17:3,17 18:11,16
19:2,3 21:12,13,18
22:5,16,20 27:2,24
33:24 34:3,4,20,21
39:14,18,19 42:23
45:23 46:9 47:21
49:17
countries 18:13
counts 30:23
couple 8:4
course 5:18 6:6 22:6
22:12 23:9
court 1:13,21 15:3
17:2,15 18:14 20:6
24:15 35:5,8,18,19
35:23 40:22 42:17
49:11 50:9 51:5
courts 17:9 18:9
22:15 46:8
CRAGER 1:13 51:5
51:24
Creamer 1:3 2:12 3:4
28:10,10,22
crime 17:21 18:1,11
criminal 17:3,14 18:9
22:14
critical 18:20
cross-examination
36:11
cross-examine 9:1
current 16:5,6,17
currently 5:20 16:1
24:16,18
cut 25:21
D
damage 6:8
damaging 19:7 25:1
date 14:23 18:21 29:6
49:22 51:22
dates 5:2
day 5:7 6:6 9:2 27:9
days 43:3 44:20 45:3
49:24 50:10
deadline 31:19
deal 19:13
December 21:19
29:23
decency 33:6
decision 43:5 46:6,18
47:18
Declaration 10:12
decline 22:21
decorum 33:7
deemed 8:2 17:22
18:11 48:9
Default 16:23
defend 18:6 20:15
25:8 27:6
defendants 16:22,24
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
54
17:4,21 18:1,5
defenses 18:4
defer 40:18 43:5
delay 5:23 6:17 33:20
deliberate 45:5
deliberations 35:10
demonstrating 32:3
denies 8:18
deny 26:6 42:21
depose 12:5
deposition 20:11,12
44:24
designee 33:1
desire 21:11
detail 14:15
determination 31:21
35:16 39:6 45:11
determine 45:6
Diana 2:6 34:4
difficult 22:7 48:4
difficulty 22:11
diligently 19:1
direct 16:10 35:17
directed 34:16
Director 1:4 2:12,13
3:4 5:12,15,17 6:19
9:2 10:3 28:3,11,22
29:24 30:12,21 31:6
31:23 32:2 34:14,16
36:6,12,17 39:14,14
42:2 44:11,20,23
45:16 46:19 49:9
Director's 8:10 45:4
disclose 37:13,17
38:3,13,17 39:1,10
disclosures 37:24
38:23
discretion 41:19
42:20
discuss 18:22
discussed 23:12
discussion 6:12 7:11
26:23 49:4
discussions 23:10
disposition 16:5
dispute 16:15
disrespecting 15:3,4
division 34:8,11 35:3
divisions 35:1
documents 16:13
36:15 41:20 42:5
44:24
doing 33:19
down-play 22:10
drop 19:4
dropping 23:8
due 16:7 20:5 49:22
duties 37:14
duty 33:2
E
E 2:1,1 51:1
earlier 42:13
easy 24:8
effect 41:5
efficiency 11:7 33:15
effort 26:9
eight 21:20
either 10:11 33:21
43:1
electric 24:7
email 3:23 4:1 8:8
enforce 29:17
enforcement 2:10,13
5:16 23:6 28:3 30:2
31:14 34:13 35:2
37:3 39:21 40:8
44:12,22
engage 39:15
engaged 30:6
ensuring 33:8,10
entered 21:24
equal 48:11,20
Erica 1:13 35:8,12
51:5,24
ERSA 1:21
especially 10:5
essential 17:23 18:12
established 31:19
34:12 40:22
ethical 29:18
ethics 1:1,4,15 3:5,19
4:3 15:16 16:2 25:5
28:4,6,9,11,21,23
29:9,16 32:15,16
34:24 45:5
Ethics's 31:20
everybody 20:1,3
evidence 31:24 32:4
32:8,20 33:9 36:12
36:14 40:5,8,10,12
40:15,20,20,21,24
41:1,3,7 42:3 45:7
ex 39:12,16 40:4
exceptions 37:22
42:8
excerpts 41:20
exchanges 42:6
exclude 33:11
Executive 1:4 2:12
3:4 5:11,16 6:18
8:10 9:2 10:3 28:11
28:22 29:24 30:12
30:21 31:6,23 32:2
34:14,16 36:6,12,16
39:13,14 42:2 44:10
44:20,22 45:3,16
46:19 49:8
exhibits 36:10 44:23
experience 21:15
expert 20:9
explain 13:18 26:9
32:10 33:18 43:24
explained 17:8
explaining 14:14
extended 18:15 22:15
extensive 21:21
extra 33:17
F
F 51:1
faces 22:12
fact 12:1 21:4,17,23
22:5 32:21 41:2,6,8
factor 31:8
factors 31:6
facts 32:7 36:9,14
41:14,14,16
fail 18:2
failed 30:9
failing 9:5 48:8
fails 47:17
failure 9:12 12:4 44:4
47:4
fair 17:16 18:12 33:2
43:18
families 24:11
far 11:12
federal 17:19
feed 24:11
feel 8:14 15:19 23:15
43:8 47:3
felony 18:16
felt 19:12 20:14
file 3:22 44:11,20
45:2
filed 8:17
filing 9:22
filings 37:4 42:6
finable 25:16
final 23:3 35:16 39:6
45:10 46:7 49:7
finally 36:15 38:8
financial 15:10 16:17
find 19:23 20:2 21:6
21:21
finding 41:2,6,8
findings 24:1 29:21
32:21 45:21
fine 14:17 16:13 50:5
50:12
fines 24:3
fired 25:17
first 14:22 23:22 25:4
36:3,5,13 40:11
44:5 48:12
five 27:14
Floor 1:5,16 29:10
folks 22:8
follow 47:2
following 30:14 33:7
follows 36:2
footing 48:11,20
Force 16:21
foregoing 51:7
form 10:12
formerly 32:14
forward 22:6 26:10
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
55
27:7,10
four 43:21
free 17:3 18:16
friend 13:8
fulfill 14:5
full 4:11 24:21
fully 9:6
functions 34:10,18
34:23
fundamental 18:12
further 18:22
G
gathered 28:20
general 2:4,5,6 3:24
34:3,4,20,21 39:18
39:19 49:17
generated 16:16
genuine 17:10
Gideon 17:1 18:17
22:13
give 13:12
given 8:16 12:16
15:15 41:4
giving 45:24
Glazer 2:3 3:1,2,15
4:6,14,20 5:9 6:10
6:14 7:4,13,22 8:7
9:9,16,19 10:14,19
11:9,16 12:2,8,24
13:17,23 14:3,10,13
14:18 20:21,24
23:20 25:20,23 26:3
26:4,15,18 27:1,13
27:17,20 28:12,15
28:17 29:3 32:14
43:10,13,23 44:3
45:14,20,22 46:5,14
47:3,20 48:5,17,19
48:23 49:2,6,24
50:13
go 7:1 15:20 19:16
22:6 26:10 27:7,10
27:22 35:18 36:1,12
going 3:9 9:11,24
13:5,18 14:14 19:13
19:20,23 26:6,8
27:7,8,9,10,15
32:10 33:17 36:1,1
43:14,16,18 44:14
44:18,19 47:1 48:2
50:6
good 28:19 42:8
Google 25:3
Gordon 1:7 2:20 3:6
3:10,21 5:1 6:5 7:24
8:12,17 12:13 13:1
13:7 14:19,21 20:23
21:5,17 22:4,12,20
23:6,18,21 25:21,22
26:1,14,17,20 27:11
27:16 28:13,14,14
28:24,24 30:1,3
32:9 33:16 37:9,15
37:17,23 38:3 39:9
39:15 43:11,12,14
44:2 45:13,17,18,21
46:10,16,21 48:1
Gordon's 21:11
gotten 25:7
government 18:4
Governments 17:19
grant 6:17 42:8,20
44:19
gratuities 30:4
gratuity 30:5
great 26:8,9
greater 32:6
guilty 19:13 24:13
25:6,12
H
haled 17:15
handled 48:3,13
handout 24:20
hanging 20:8
happen 8:5 44:18
happy 11:5 47:21
head 15:9
hear 13:13
heard 13:13
hearing 1:12 2:2 3:1
3:2,7,13,15 4:2,6,14
4:18,20 5:3,4,6,8,9
5:14,24 6:10,14,16
7:4,13,17,22 8:3,7
8:13,22,24 9:8,9,13
9:16,19,23 10:14,16
10:19 11:4,9,16
12:2,8,11,14,21,24
13:17,23 14:3,10,13
14:18 15:20 20:21
20:24 21:3,14 22:21
23:20 25:20,23 26:4
26:5,15,18,19,22
27:1,4,7,13,17,20
28:12,15,17 29:1,4
29:5,8,12,21 31:15
31:21 32:12,17,18
33:1,2,12,13,23
34:2,19 35:7,17
36:1 37:10 39:18
40:6,14,15,16 41:11
42:4,7 43:3,4,6,10
43:13,15,23 44:3,5
44:7,10,14,17 45:14
45:20,22 46:5,14,22
46:24 47:3,5,10,12
47:17,20 48:5,8,12
48:14,17,19,23 49:2
49:6,10,15,18,24
50:13,15
hearings 13:21 40:23
47:15
Hearn 1:13 35:9,12
51:5,24
hearsay 15:23 19:10
40:12,17,21,24 41:3
41:9
held 6:12 7:11 26:23
49:4
help 13:6
hire 17:4,15 18:2,6
24:10
hires 18:5
holding 47:11
Home 29:13 30:6,18
Honor 26:2
hour 6:2
house 24:7
Hugo 17:8
I
identified 31:9 42:5
identify 3:16 27:21
28:1
ignored 35:23
imagine 24:6
impair 10:8
impedes 16:17
important 8:15
impose 30:20
inability 16:9
inception 32:15
inclined 6:16
including 29:19
32:18 37:4 38:19
40:2
increased 31:4
incriminating 43:17
indefinitely 22:3
indicate 35:19
indications 18:7
indigent 16:5,22,24
individual 33:12
34:18
inform 4:3
information 37:13,17
38:3,14 39:2,10
initiated 21:19
innocence 15:13
instructing 7:23
Integrity 2:15 28:8
intention 33:20
interest 11:6 15:20
17:23
interrupt 42:15
investigation 23:23
25:15 30:10 31:9
investigatory 34:9,17
involve 23:8
involved 18:17
involves 40:13
issue 14:1 29:22 40:1
issued 16:20
issues 33:9
issuing 32:19
J
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
56
J 1:3 2:12,13 3:3
28:21
jeopardize 5:21
joined 12:14
joining 8:24
Jordan 2:14 28:5
Jr 1:3 2:12 3:4 28:22
judge 26:5
judicially 41:13
jurisdiction 29:17
justice 17:8,11,14
juvenile 18:18
K
keenly 22:7
keep 19:6 37:15 38:9
kind 48:3
know 7:1,3 11:6
12:22 19:19 20:17
43:12,20 47:8 50:7
knowledge 41:15,17
knows 13:14
L
landmark 17:1
language 48:6
law 32:22 45:8
laws 41:12
lawyer 17:16 33:17
lawyers 17:21 18:3,5
18:6,8 34:1
leader 25:2
leave 4:11
leaves 45:17
leaving 47:5 49:15
left 46:21 48:1
legal 16:4,11 18:22
19:2 33:19 38:2
39:1 45:24 46:1
47:23
length 33:5
letter 19:21
lieu 9:23
Likewise 37:15
limit 33:12
Lin 2:6 34:4,21
lines 21:8
listening 33:5
little 14:15
located 29:9
location 29:8
long 50:7
longer 39:8
look 18:24
looking 15:11 19:1
24:19,20
looks 25:6
loudly 35:11
luxuries 18:10
M
machine 19:16
maintain 33:14
maintaining 14:6
32:20 33:6
mandated 17:5
matter 1:6 3:3 21:18
22:1,2,5,22 27:4
28:21 29:2 35:4,11
35:16 37:8 40:16
51:9
matters 11:3 29:19
35:2 36:4
Maya 2:5 34:3
McCall 11:23
McHale 2:15 28:7,7
mean 24:13 25:4,21
47:10 48:1,5
means 33:16
member 7:9 39:17
members 34:19 35:9
Memo 44:8
memorandum 9:21
42:6
merit 16:16
message 4:5,12
met 31:23
Michael 2:13 5:15
19:22 28:2
mine 13:8
minutes 13:19 27:15
misdemeanor 18:18
misrepresentation
23:5
misunderstanding
23:5
mitigating 31:5
mixed 14:23
money 17:20 18:6
months 21:20
morning 42:24
motions 36:3
motivated 25:19
N
N 2:1 51:1
name 3:1,18 25:3
29:3 32:13
nation 17:10
natural 41:5
Nayak 2:5 34:3,20
39:19
necessary 17:9 33:14
37:14,24 38:23
necessities 18:9
neck 20:8
need 27:11 43:8,19
46:8
needed 42:17
nervous 19:2,15
nice 48:6,9
noose 20:8
normal 50:10
Notary 1:13 51:6
note 10:2 12:15 21:4
22:12 40:20 41:24
noted 16:12
notes 35:20 51:8
notice 8:19,19 9:23
30:1,3 31:14,16,18
39:5 41:12 44:12,21
45:10
number 3:3,10,22 4:9
33:13
O
O 51:1
oath 10:24
oaths 32:19
object 43:1
objected 40:24
objection 40:17,19
41:4,10
objections 14:16
obligation 14:6 22:19
observe 38:18
observed 35:3
observes 34:7,24
obstructed 30:10
obstructing 31:8
obtain 10:10 16:9
obtained 37:19 38:5
38:15 39:3
obvious 17:18
obviously 4:13 12:5
occasions 15:6
occurred 45:8
occurs 38:18
offenses 25:17
offer 42:3
offered 23:7 40:14
offering 40:5,19
officer 2:2 3:1,3,15
4:6,14,20 5:9,14
6:10,14,16 7:4,13
7:17,22 8:7 9:9,16
9:19 10:14,19 11:4
11:9,16 12:2,8,24
13:17,23 14:3,10,13
14:18 20:21,24 21:3
23:20 25:20,23 26:4
26:5,15,18 27:1,13
27:17,20 28:12,15
28:17 29:4 32:12,17
33:23 34:2,20 35:17
39:18 40:7 41:11
42:8 43:4,10,13,23
44:3 45:14,20,22
46:5,14 47:3,20
48:5,17,19,23 49:2
49:6,24 50:13
official 16:12 41:12
Okay 5:9 7:4,22 9:18
13:22 14:13,18
23:21 25:22 26:1,14
27:13,17 43:10,13
44:3 46:16 48:17,19
49:1,2
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
57
once 31:21 32:13
39:5 48:7
open 23:10
opening 36:5,7,8
opportunity 10:23
16:4 27:6 36:10
46:20
oppose 23:1,16
opposed 21:9
opposing 39:21 40:3
order 32:21 33:14
orderly 17:24 33:8
original 41:21
outline 27:9 35:24
outlined 23:13
outside 14:8 40:13
P
P 2:1,1
PA 1:5,8,23
pains 26:8
Paragraph 31:11
37:2,21 38:21 42:1
part 8:16 10:9
parte 39:12,16 40:4
participate 38:1,24
44:4 47:5 49:14
participation 12:20
particular 10:6 21:16
35:4
parties 3:24 27:24
32:24 33:3 35:21
36:23 39:13 42:19
49:19
party 32:1 33:22
36:10 38:11 39:22
40:3,19 41:22 43:1
party's 36:11
passage 6:21
pay 20:17 24:1,6,8
36:21
penalties 29:22 45:9
penalty 30:13,19,22
31:3,7
pending 37:6 39:8
Pennsylvania 1:16
29:11 40:22
people 13:20 32:11
percent 32:6
perception 25:8
periods 42:19
permissible 41:14
permission 13:12
Perrin 2:7 3:18,19
4:7,10,22,24 7:23
8:6 34:5,22
person 17:14
personal 14:24
persons 33:13
pertaining 29:18
pertinent 13:24
petitioning 16:2
Philadelphia 1:1,4,5
1:8,14,16,23 3:5
16:3 28:23 29:11,14
30:6
phone 3:22 4:3
physical 41:15
picture 25:5
place 23:24 27:5 44:5
48:12
plan 42:11
Plaza 1:22
plea 19:4,13
plead 19:13
please 3:17 4:22 5:10
6:15 7:5 26:12 28:1
35:11 36:21
point 8:24 20:16 23:3
23:6 26:11 42:14
47:19
points 25:24
policies 36:18
political 30:7
politically 16:16
25:18
poor 17:15
position 8:11 9:11
10:15 20:18
positions 33:4
possession 41:22
possible 5:5
postpone 5:6
postponement 27:14
postponements 6:7
Potentially 10:18
precluded 47:11
prefer 21:12
preference 8:11
prehearing 11:2 42:5
preliminary 36:3
prepare 18:3 32:21
49:9
prepared 5:18
preponderance
31:24 32:4 45:6
presence 13:3
present 2:22 10:4
11:11,18 13:20 18:4
33:4 39:22 40:20
44:14
presentation 33:9
36:9,14
presently 3:8
preserving 11:12
preside 32:18
presiding 29:4 33:1
previously 36:23
price 15:8
prior 42:22
pro 33:16
probably 6:3
probative 40:11 41:5
problem 20:3
procedure 20:19 46:6
47:1
procedures 9:21 33:8
33:18 44:8,15
proceed 5:19 8:1
11:10 20:7,8,19
26:16,17,21 36:2
43:15,19 47:16
proceeding 21:16
22:18 30:2 31:15
33:16 34:13 36:19
37:7,12,16,18,20
38:1,4,6,9,14,16,19
38:24 39:2,4,11,21
44:1,13,22 49:12
proceedings 14:7
18:19,20 26:10
33:11,21 37:3 39:24
40:9
process 16:6,8 20:18
45:19
professional 34:15
51:5
promised 11:24
proof 15:22 31:24
properly 17:20 40:24
propose 8:21
proposed 6:19
prosecute 17:22 18:5
22:22
prosecuting 32:1
prosecution 18:17
prosecutions 18:18
prosecutorial 34:9,18
protect 17:23
protocols 46:4
prove 15:12 40:15
provide 22:20 28:24
31:12 42:17 47:22
49:18
provided 17:17 42:6
provides 12:20 37:6
37:22 38:22 47:14
provisions 29:17
public 1:14 2:15
24:18 25:6,8 28:7
35:15 37:7,12 41:14
51:6
public's 17:23
put 6:8 8:14 9:2
46:11
p.m 5:5 12:11,12
29:7 42:12 50:15
Q
question 14:4
questions 8:5 32:23
quite 17:19
R
R 2:1 51:1
raise 11:3,7
raised 36:4
reach 4:24 8:6 42:13
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
58
reactions 25:11
read 15:17,24 27:8
46:12
readily 41:22
ready 26:16,21
real 25:9
reality 21:14
really 19:10
reasonable 33:4
reasonably 40:11
reasons 22:24
receives 4:4
receiving 50:2,5
recess 3:12 4:17
12:10 42:19,21
recesses 42:10,16
recognize 17:13
recommenced 3:14
4:19 12:12
recommendations
24:3 25:16
reconvene 42:23
reconvening 43:2
record 3:16 4:16,21
4:23 5:10 6:13,15
7:12 8:16 10:9 13:1
26:24 27:21,22,23
32:8 33:10 35:13,18
35:22 41:7 49:3,5
records 41:21
reduced 31:4
reflections 17:12
refusing 49:14
Reg 9:20
regard 4:2
regarding 40:1,21,23
regret 23:15
regulation 12:18,20
29:15 30:16 31:11
37:1,21 38:21 41:24
44:7
regulations 41:13
rejected 19:11,11
21:7
related 37:18 38:14
39:2
relating 36:18 38:4
relevant 40:10 41:12
relinquish 10:23
reluctant 5:23 10:22
11:10
rely 35:9
remaining 43:2
renders 35:15
report 16:20
reporter 1:13 35:6,8
35:18,20,23 42:17
49:11 50:9 51:6
REPORTERS 1:21
represent 21:22
representation 16:4
16:19 18:23 22:9,14
38:2
represented 21:11,13
22:4,23
representing 34:2
represents 42:1
reputation 19:8,8
20:15 25:1
request 21:8 23:1,16
26:6 42:21 44:10
48:15
requested 10:16 21:5
27:3 29:1 31:17
33:18 44:5 48:7,11
requesting 44:17
46:4
requests 42:18 46:19
require 17:12 37:2
requirement 18:15
requirements 12:17
19:20
research 20:11
respect 14:7 20:5,17
35:1
respond 31:13
Respondent 1:9 2:18
3:9 10:17 11:10
12:23 21:5 28:24
29:24 30:3 31:12
32:8 33:15 36:6,13
36:17 37:6,8,15,16
37:23 38:3 39:7,9
39:15 42:2 44:9,16
45:1,11 47:17 49:13
Respondent's 31:17
response 4:7 31:18
45:2
responsibilities 13:19
rest 8:19
restate 27:3
result 16:5,10 44:6
44:16
retain 15:5 21:18
return 7:20
Richard 2:3 3:2 29:3
32:13
right 6:24 8:3 9:7
18:10 19:15,18
22:15 31:13,15 34:1
44:6 45:15 47:10
rights 46:7
role 32:12 33:23 35:5
roles 32:11
room 1:15 29:9 46:22
route 12:3
Rule 29:13 30:6,18
40:21
ruled 17:2
Rules 40:7
ruling 32:19 40:18
S
S 2:1
Sawyer 2:24 12:14
12:15 13:18,22 14:2
14:9,12 28:16,16
46:3,13
Sawyer's 13:2
saying 24:14 25:9
35:22
schedule 18:21
scheduled 42:23
scheduling 40:2
scientific 41:16
se 33:16
second 26:20 41:11
Section 9:21 29:13,14
30:11,15,17,24 31:2
31:10 36:24 44:8
Sections 30:17 31:1
see 9:12 20:12 48:10
48:20
seek 38:1,24
seeking 30:12,21
31:7
Segall 2:14 28:5,5
sending 8:8
sense 43:7
sensible 42:14
sent 3:23
separate 30:22 34:8
series 27:8
seriousness 22:11
serve 11:21 45:10
served 11:24 29:24
39:5
service 19:9 45:3
services 13:9 16:22
16:23
set 25:11
settlement 23:7,10
Shane 1:3 2:12 3:4
28:10,21
share 9:4
short 3:12 4:17 12:10
27:14,18
show 8:2 48:8
shown 42:9
similar 47:16
Similarly 17:24
Singer 16:11
sir 14:21 28:15 36:20
38:10 45:13
situation 15:10
six 30:23
skeptical 6:4 21:17
slightly 42:13,14
slowly 35:11
society 17:24
solely 41:8
solicited 30:4
sorry 19:2
sort 15:14
source 38:5 39:3
South 1:21
speak 7:14 35:11
Specialist 2:16 28:8
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
59
specialized 41:17
specifically 40:12
47:14 48:7
specifics 23:12
spend 17:20
spoke 11:22
spoken 7:18
staff 2:4,7,10,14 3:20
3:24 7:9 23:7 28:5
34:5,15,21 37:11,19
38:6,16 39:4,9,20
49:17
stand 41:10
start 27:12
started 14:20 25:15
state 17:19 22:20
statement 15:18 16:1
35:21 36:5,7 40:13
49:7
statements 36:8
states 17:1,6 18:14
status 4:1,4 16:17
stay 6:2
stenographic 51:8
Street 1:5,8,15,21
29:10
strongest 18:7
structure 34:12
subject 30:19 31:3,5
submitted 10:13
subpoena 11:14,17
11:24
subsequently 18:15
22:1
substance 39:24
substantive 39:16
40:3
sufficient 27:15
Suite 1:22
summations 36:16
sums 17:20
Supplemental 9:20
44:8
support 9:22 13:9,11
41:1,5 44:11,21
Supreme 17:2 18:14
40:22
sure 5:6 7:8 12:18
15:1
Susan 11:22
suspended 23:24
25:14
sympathetic 22:7
sympathize 21:10
sympathy 24:5,19,19
system 17:13
T
T 51:1,1
take 9:10 10:23 12:3
19:4 26:8 27:11,14
33:17 41:12 42:16
46:24 50:7
taken 1:12 3:13 4:18
12:11 27:19 51:8
talked 36:19
talking 6:1
talks 9:22
tantamount 9:13
47:6
Task 16:21
technical 40:7 41:15
technicalities 15:15
technicality 43:20
telephone 3:10 5:1
telephoned 3:21
tell 3:17 13:4 45:24
ten 50:10
terminated 24:4
termination 16:11,14
terminology 33:19
terms 36:13 47:23
testify 6:21
testimony 8:16 10:4
10:9,11,24 11:13
32:19 37:4,20 38:19
42:16 46:24
thank 3:11 4:14 5:13
6:10 7:10,16 12:9
20:21,23 21:2 28:17
46:10,16 49:8,11,20
50:13
Thanks 26:2
thing 11:1 23:19 25:4
things 15:22 27:8
think 19:18 25:23
43:6 48:3,21
Third 41:18
thought 5:2,8
thoughts 5:11 9:4
three 7:7 34:1 41:8
thrilled 6:7
throw 24:23,24
time 3:12 4:17 6:21
7:21 12:10,13 18:22
20:6 21:6,21 23:17
24:9 27:18 29:7
33:18 43:9 46:21
49:9 50:2
today 3:7 5:4 6:5
8:22 9:6 27:5 28:19
43:19 49:23
today's 43:6
tomorrow 5:3,7 6:6
8:22 10:5,7,21 12:1
town 50:6
Tracey 1:7 2:20 3:5,9
3:21 12:13 28:14,23
30:1
transcribed 35:8
transcribing 49:12
transcript 1:12 35:10
35:14 46:13,15
49:18 50:2,5,8 51:7
transcripts 44:24
treat 33:21
trial 17:16 18:19,19
20:9
trials 18:12
tried 11:20 15:5
20:11
true 32:7 51:7
truth 17:18 40:15
try 12:7 17:20 19:21
26:12
Tuesday 1:17 29:6
two 6:2,23 15:6,6
21:23 24:21 37:22
38:2 39:1 41:3
49:22 50:4,9
types 13:20
U
unable 8:6 10:3
11:21 22:8
unconstitutional
16:7
understand 6:1 11:18
19:24 23:21 25:10
26:11 45:12 46:17
understandable
26:13
understanding 35:14
48:2
Understood 14:2
unduly 33:20
Unemployment
24:17
unfairly 33:22
unfortunate 21:14
United 1:22 17:6
18:14
urge 46:1
use 43:8
utilize 44:15 46:23
U.S 17:2
V
v 1:6
vacation 15:8
value 40:11
various 32:11
vast 17:20
versus 3:5 28:23
view 10:22 47:9
violating 25:5
violation 29:21 30:5
30:7,11,17,23 31:2
32:2,9 45:9
violations 29:20 45:7
voicemail 4:8,8,10,13
voluntarily 49:15
vs 17:1 22:13
W
Wainwright 17:2
22:13
wait 11:5
waiting 5:20
BOARD OF ETHICS
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
60
waived 8:3 9:6 47:9
waiver 9:13 12:4
47:8 48:9
waiving 44:6 47:6
walls 34:7,11 35:1,3
want 5:20 15:2 20:6
20:16 23:3 45:16
47:19
wanted 11:1,3 14:19
19:6
wasn't 4:11 15:2,3
24:24
way 7:2 15:9,12
25:10 33:21
week 50:6
weeks 49:23 50:4,9
we'll 27:14 43:7
we're 6:1,4 9:24
27:20 35:24
we've 7:6
wide-spread 18:8
willing 14:5 24:22,24
Windsor 1:8
wish 22:10
withdrawn 22:1
witness 10:6,6,21
11:13,15,17,20
38:10,13,15,22
witnesses 5:19,22
6:20,24 7:7,15,19
8:13 10:4,5 20:13
32:24 36:9 37:21
38:8,17,20 39:3,9
42:4
witness's 10:8,11
11:13
words 43:11
work 9:20
writing 31:13 46:11
written 31:18 37:7
Y
year 21:19
yesterday 11:22
$
$1,000 31:4
$2,000 31:7
$3,800 30:13
$300 16:14 30:19,22
1
10-105 30:5,18,24
10-107 30:18,24
10-107(3) 30:8
10-107(4) 30:8
10-109 30:17
11:30 3:8 42:24
11:45 1:17 3:8
12 29:23
12:18 12:11
14 44:20 45:2 49:24
1412MU14 1:6 3:3
28:21 35:4
1515 1:5,15 29:10
1520 1:22
17th 1:21
18th 1:5,16 29:10
18-009 1:15 29:9
19102 1:5 29:11
19103 1:23
19142 1:8
2
2 9:20 12:18 29:15
31:11 37:1,21 38:21
41:24 44:7
2.13(a) 31:12
2.14 31:12
2.15(a) 37:2
2.15(b)(iii) 38:21
2.15(b)(ii) 37:22
2.17(a)(v) 42:1
2:00 5:5 6:17,22 7:20
8:1,2,12 9:6 11:5
2:04 12:12
2:30 29:7
2:55 50:15
20-1302 31:2
20-1302(1)(b)(iii)
31:10
20-606(1)(h) 29:14
30:15 31:1
20-606(1)(i) 36:24
20-606(2) 30:11 31:3
2006 32:15
2011 16:24
2012 32:16
2014 29:23
2015 1:17 29:7 51:22
215 1:24
267-235-0091 3:10
3
30 1:21
4
4 1:17
4th 29:6
4-1100 29:13 47:13
5
5 9:21 44:8 51:22
5:00 42:12
50 32:6
564-1233 1:24
6
6th 17:5
6543 1:8
8
8.26 30:16
9
9:30 43:2
