mr. menat shaw on this issue. and the memo, the two memos, one from your staff and the one from the outside attorney are regrettably ambiguous. mr. menat shaw is quite right to point out that unless something is specifically exempt, it's by definition "a public record," period and it's a public record and disclosable unless it can be withheld under one of the specific sections of the state law. and if you look at the two charter sections that have been quoted, both of them are set out within the scope of the applicable state law. now the memo before you says that we're not exempt from disclosure, but may be disclosed. well, a determination that they may be disclosed means that they were public records and your obligation is to disclose them. now i can't help, but observe, because it's come up so many times, that the ethics commission is supposed to be the most ethical of city hall bodies. and the fact that you have been repeatedly challenged on your own openness and willingness to disclose is, i'm afraid, the essen

mr. menat shaw and we have not heard from mr. st. croix and as i suggested earlier and under the regulations that were adopted two months ago and took effect, if this matter were coming brand new know we would have had a report and recommendation from the staff and a chance for the complainant and respendent to speak. we have heard from the complainant and we have not heard from the respondent and it would help me to hear from mr. so st. croix the rationale for disclosure. so i would encourage you to ask him that. >> other questions from the commissioners? commissioner studley, you wanted to wait until there was public comment. is there anything else that you want to share is in ? >> no, i agree with you and commissioner liu. i don't find this to be willful. since the understanding -- that this was part of the investigative file and the degree to which it could have well been made with good faith and that we have teased apart this particular category of communication within the ethics staff as being the one place where there might be