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Monday, July 3, 2006 | Regarding David Malcolm, the simple fact is he was advised by the government’s legal counsel as are all elected officials (including me) that in cases of potential conflict of interest, you must abstain from voting, or leave the chambers when the voting takes place. (None of us have ever been informed that we must resign the office according to state law). If Malcolm was guilty than so are hundreds of other elected officials and appointees, past and present, to various boards of supervisors, city councils, commissions and committees, of violating state law. David Malcolm’s prosecution was a miscarriage of justice and the court recognized it.

The writer is a former City Councilman

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