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December 19, 2012 (Recessed Meeting) Page 1364
<br />in place, I mean, I know it's hard to say but there would be the potential of
<br />the bond being cancelled?
<br />Small: Mr. Measmer, the situation can only improve. The situation can't get
<br />any worse, there's - there's no downside to an appeal.
<br />Measmer: Okay, but there's a difference between a suspension and a
<br />disbarment, is that correct?
<br />Small: There's a whole lot of difference.
<br />Measmer: Okay. So potentially there could, rather than it being a
<br />suspension now it could come to a disbarment.
<br />Small: Absolutely not.
<br />Koch: I think that's an accurate statement, yes. I think when Ben says, "It
<br />can't get any worse." I think he - that's an accurate statement. The
<br />suspension that was imposed by the state bar is already in effect. It was
<br />not stayed by the appeal, so that, what they determined has actually taken
<br />place. The appeal could, conceivably, as - if the Court of Appeals
<br />overturned the decision of the state bar, then yes, that would be an
<br />improvement in the situation. There wouldn't be anything they could do that
<br />would make it any different, they would either affirm what was done by the
<br />state bar or overturn it and send it back to the state bar for further
<br />proceedings.
<br />Measmer: Another question I have is you had mentioned that the application
<br />was amended, what was the purpose of the amendment?
<br />Small: Your county attorney was the purpose for the amendment.
<br />Measmer: Okay. And what was the amendment?
<br />Small: The amendment, as you can see from one application to the next, is a
<br />statement that the applicant has been the subject of administrative
<br />proceedings resulting in disciplinary action - to what you see on the
<br />statement you just read.
<br />Koch: May I clarify that? I wasn't the person who made any decision at all
<br />about any amended application. I had a discussion with Mr. Lewis about what
<br />some language that I understood was in the original application and expressed
<br />an opinion myself, that it didn't seem to be specific enough. What was
<br />decided to be done with my opinion on that was decided elsewhere and I don't
<br />know by whom. I did not require that, demand it, anything. It just did not
<br />have any specificity to it when I made that statement, that's basically all
<br />there was to it. And I think Mr. Lewis could confirm that ... he's shaking his
<br />head yes.
<br />Poole: Any other Commissioners?
<br />Morris: I have one question about - reading - reading through these e- mails,
<br />there's one that says "Thank you, Ann for any questions regarding pending
<br />professional (inaudible) by contacting (inaudible) ". Is there - I don't know
<br />what the question was or what the answer was - is that am I missing that?
<br />Small: You're not missing anything, Mr. Morris. I don't comment on pending
<br />cases and I would refer anyone who wants further information to contact the
<br />people who were (inaudible), period.
<br />Morris: So that was the purpose of including this?
<br />Small: Yes, it was.
<br />Morris: Okay.
<br />Poole: Any other comments or questions? (Inaudible) or comments.
<br />White: No, I mean I-
<br />Poole: Well, let me ask this: before we make comments, do you have any
<br />questions?
<br />White: No.
<br />Poole: If it's okay with everybody, can we take just a short recess for just
<br />a minute and let me step out? I (inaudible) a little bit more time to look
<br />over this.
<br />(The board took a 15 minute recess until 4:49 p.m.)
<br />Poole: I apologize. You know the one thing that you know about in December
<br />is it is the season for viruses and I apologize. My family has been kind
<br />enough to pass one around and so ... for what that's worth, I appreciate your
<br />(inaudible). Okay. Commissioners, again I have asked are there any other
<br />comments, questions, anything you need for clarification or are there any
<br />statements that you want to make.
<br />White: Well, I would - some of the things that what Commissioner Burrage was
<br />saying is whether the bond was valid or not. And that's one of the questions
<br />that we are sitting here trying to figure out. On the face of it, it
<br />certainly looks valid. The problem is, or the problems that I see in it is
<br />that when we were here I believe on December 6 th you mentioned, Madam Chair,
<br />excuse me - December the 3r - I think you mentioned concerning the bond, it
<br />might have been the earlier meeting, but we at least two times, this is the
<br />third time in regards to this and in one of the meetings we asked
<br />specifically for the reason why Penn National denied the bond. Two, we asked
<br />for full disclosure in regards to the suspension. And then three, is that
<br />the denial and the reason for the denial be notified to the company. And
<br />what we have today is it talks about being subject to an administrative,
<br />disciplinary proceeding - did not mention that he was suspended, but it
<br />mentioned that Mr. Small was reprimanded. It doesn't mention that he was
<br />denied a prior bond. So that what we are looking at is, and what we're - the
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