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COM 0191.001 2010-2012
PIFt FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Council District #5 SUBJECT: TESTIMONY IN COMMENT to Comm. 191: Appointment of Glen Hisashima to the County of Hawaii Board of Ethics, as heard before the Hawaii County Council Committee on Finance, on May 16, 2011. Aloha, The appointment of Glen Hisashima must be questioned as to any conflicts Mr. Hisashima may have with sitting in judgment on pending Board of Ethics Petitions relating to alleged violations of Hawaii County Ethics Code by Ethics Board Chair John Dill, Hawaii Corporate Counsel Lincoln S.T. Ashida, former Hawaii County Prosecuting Attorney Jay Kimura, and Hawaii County Finance Director Nancy Crawford that are pending before the Board of Ethics due to lack of Quorum resulting from conflicts of interest of sitting Board Members. The attached fifty -one, (51), pages of documentation provide evidence and background to organized government corruption within the Hawaii County government and will be used as Exhibits in future State and Federal Court proceedings as evidence to knowing and knowingly violations of Hawaii's Sunshine Laws by Council Members, Mayor Kenoi, et. al. Public Officials, and of knowing and knowingly violations in conspiracy of United States Code, 42 U.S.C. § 1986 Action for neglect to prevent; 42 U.S.C. §1985 Conspiracy to interfere with civil rights; and 42 U.S.C. §1983 Civil action for deprivation of rights. Dated: 13 May, 2011, Hilo, Hawaii Dan A. Cole Gaon No. I - I • Ref. Tee �Ir! FC- Ref. Date . 1AAY 16 2n11 Print Page 1 of 3 From: Dan Cole (colehawaii @yahoo.com) To: MCROSSON @co._hawaii.hi.us; oip @hawaii.gov; hawaiiag @hawaii.gov; Date: Thu, May 12, 2011 10:02:40 AM Cc: Subject: Request for Un- Approved Minutes of the May 11, 2011 Ethics Board Meeting Aloha Ms. Crosson, OIP Director Park, 86 Attorney General Louie As per my conversation with Ms. Crosson, secretary for the hawaii County Board of Ethics, at yesterdays Hawaii County Ethics Board meeting I am making this formal email request for the un- approved minutes of the 11 May, 2011 Hawaii County Ethics Board meeting as per Ms. Crosson's request. At this time I am also requesting the minutes of the meeting where Board Member Arne Henricks disqualified himself from sitting in judgement on Petition No. 2011 -07, RE: Hawaii County Fiance Director Nancy Crawford's alleged violations of the Hawaii County Ethics Code during the commission of apparent violations of United States Code 18 U.S.C. 1344 Bank Fraud. It is noted that Board Member Hendrick had already participated in, conducted deliberations on, and voted on Petition No. 2011 -07 at the last meeting of the Board on Wednesday, March 9, 2011. However during the portion of the May 11, 2011 Board's meeting when it came time for Petition No. 2011 -07 identified as UNFINISHED BUISNESS in the Board's agenda, Chair John Dill disqualified himself from further participation on the matter because of Public Statements and Testimony he made before the Hawaii County Council and made after the March Ethics Board Meeting, RE: Bill 311 where such statements and testimony might be construed as prejudicial due to the nature of the Finance Director's relationship to Bill: 311, $56M Bond Authorization of County General Obligation Bonds which Petition No. 2011 -07 pertains to. It was immediately after Chair Dill announced his disqualification in the May meeting that Counsel to the Board Renee N.C. Schoen announced that Board Member Arne Henricks had also disqualified himself and therefore there was not a quorum of the Board to conduct a hearing, and that no hearing of the Board could be conducted on Petition No. 2011 -07 until the appointment and confirmation of a new member to fill the vacant Board seat. Such action prevents public exposure to information, evidence, and testimony that would expose organized corruption in the Hawaii County government, which is similar to the Boards actions on Petitions No's. 2011 -01, 2011 -02, 2011 -04, and 2011- 05 that identify a conspiracy to deprive a person of their constitutional http: / /us.mg2.mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 5/12/2011 Print Page 2 of 3 rights where Hawaii County Board of Ethics Chair John Dill, Hawaii County Corporate Counsel Lincoln S.T. Ashida, and the former Hawaii County Prosecuting Attorney Jay Kimura are identified as the County Officers involved in the alleged violations of the Hawaii County Ethics code during the commission of violations of United States Code 18 U.S.0 241 Conspiracy against rights and 18 U.S.C. 242 Deprivation of rights under the color of law. It is noted that the aforementioned Petitions have disappeared from the Boards Agendas even though they would be required to be identified as UNFINISHED BUISNESS in the Board's Agendas until such time a Quorum of the Board could be established to hear the Petitions. It was vary apparent from the non - reactions of the other Board Members that the rest of the Board members were aware of Member Henrick's disqualification prior to the May 11, 2011 Public Agendized Ethics Board Meeting. This alludes to allegations that the Board met in quorum in a non - agendized non - public meeting where Member Henriks discussed and decided to disqualified himself or such action was conducted in serial communications on the matter. Either action is a violation of Hawaii's Open Meeting Statutes, aka The Sunshine Law. It must also be noted from my personal observations of the Formal Hearing, which will be confirmed by the non - approved minutes of the Board's May meeting, that the Board's decision in finding no violation of the Hawaii County Ethics Code by Hawaii County Council Member Brenda Ford was also made prior to and not in view of the public. The actions of the Board on Petition No. 2010-10 in relationship to Hawaii County Mayor Kenoi's 4/20/11 letter to the County Council, identified in the Boards meeting as Hawaii County Council Comm.:191, nominating Glen Hisashima to serve on the Board of Ethics, and the strange appearance on the 16 May 2011 agenda of the Hawaii County Council Committee on Finance to conduct Mr. Hisashima's vetting by the Hawaii County Council Committee on Finance, which is Chaired by Council Member Brenda Ford. Such actions could call into question as to weather a back room deal has been made where Mr. Hisashima would be vetted and recommended by Ms. Fords committee and approved by the Council only to find that Mr. Hisahima also has similar conflicts of interests that would prevent the Board of Ethics from establishing a Quorum to hear the aforementioned Petitions, and where such actions could be construed by the Public to have been the result of a deal between Council Member Ford and Mayor Kenoi where the Board would find no violations against Council Member Ford and the Mayor's nomination for the vacant Ethics Board would be approved by the http: / /us.mg2. mail. yahoo .com /dc /launch ?.rand= ffb83avtatp6b 5/12/2011 Print Page 3 of 3 recommendations of Ms. Fords Finance Committee and therefore preventing any action by the Hawaii County Ethics Board to conduct hearings on the aforementioned petitions that would expose organized corruption and racketeering activities within Mayor Kenoi's administration and other Hawaii County government offices. As always I wish to thank you for you attention to my requests for information and records so that the organized corruption and racketeering activity of Hawaii County government officials can be exposed to ensure the Health, safety, and welfare of the People of Hawaii through open transparency required of government deliberations. Aloha, Dan Cole http: / /us.mg2. mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 5/12/2011 . United States Code: Title 42,1986. Action for neglect to prevent LII / Legal Information ... Page 1 of 1 Cornell University Law School Search Law School Search Cornell L11 Legal Information Institute home search find a lawyer donate U.S. Code main page fag index search 4N TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1986 § 1986. Action for neglect to prevent Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued. LII has no control over and does not endorse any external Internet site that contains links to or references LIL Study law abroad l nuoil f'.in. lu�i!luto AoChoic D E arse me about us sitemap help terms of use friend us follow us contact us http:// www .law.cornell.edu/uscode /42 /usc sec 42 00001986 - - -- 000 -.html 5/13/2011 United States Code: Title 42,1985. Conspiracy to interfere with civil rights I LII / Legal In... Page 1 of 1 ( e ; Cornell University La11' School Search Law School Search Cornell LII Legal Information Institute home search find a lawyer donate U.S. Code main page faq index search may TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1985 § 1985. Conspiracy to interfere with civil rights (1) Preventing officer from performing duties If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by Tike means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties; (2) Obstructing justice; intimidating party, witness, or juror If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the Taws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws; (3) Depriving persons of rights or privileges If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators. Ill has no control over and does not endorse any external Internet site that contains links mar references LII. Study law abroad �-> rsr r't KAISER PERMANENTS. • e n t Harty, P.,mann. %n,. Wiwi..., , t F,mUes ∎Nr9Fl t:; , Haw. sinaa. maw au■s -,rr ag. 19.24 M «. r..P ear.: •u■ . about us sitemap help terms of use friend us follow us contact us http: / /www. law .cornell.edu /uscode /42 /usc_sec 42_00001985 - - -- 000 -.html 5/13/2011 United States Code: Title 42,1983. Civil action for deprivation of rights 1 LII / Legal Infor... Page 1 of 1 Cornell University ±•�.' Law Sd1ool Search Law School Search Cornell L11 Legal Information Institute home search find a lawyer donate U.S. Code main page fag index search TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983 § 1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at taw, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. 111 has no control over and does not endorse any external Internet site that contains lima to or references IX. Study law abroad about us sitemap help terms of use friend us follow us contact us http:// www .law.comell.edu/uscode /42 /usc sec 42 00001983 - - -- 000 -.htrnl 5/13/2011 44< •y1ySy / IA 1 ! . . i , °.' 1 RECEIVED i `t: j lit .. 2011 NH 211 NI 6 55 NEILABERCCRROMBIE STATE OF HAWAII 0FF+ICE OF 7.:E MAYOR GOVERNOR BRIAN SCHATZ OFFICE OF THE LIEUTENANT GO NCI OF HAWAII CATHY L. TAKASE LEUTENANT GOVERNOR OFFICE OF INFORMATION ACTICE _ __— - "C* /NG DIRECTOR NO. 1 CAPITOL DISTRICT D M/4 II ' 1.4 ' 250 SOUTH HOTEL STREET, S �� HONOLULU, HAWAII 96813 Telephone: 0808) 586-1400 FAX: (808) 588 -1412 E -MAIL: oip @hawaji,gov www.hawaii.gov /oiQ March 17, 2011 VIA EMAIL: wkenoi @)co.hawaii.hi.us The Honorable William P. Kenoi Office of the Mayor 25 Aupuni Street IIilo, Hawaii 96720 Re: Appeal from Denial of Request for Records (APPEAL 10 -11) Dear Mayor Kenoi: 1 have recently been assigned to this case. In my review of the file I noticed we have not received a response from your Office to our letter of September 23, 2009, a copy of which is attached. In that letter we asked your Office if it wished to further explain why it partially denied Mr. Cole's request for records, Your office did respond to Mr. Colc, on September 15, 2009, that it was unable to locate somc the records requested on September 8, 2009. However there were two other requested records to which the Office did not respond. OIP would prefer to give full consideration to your Office's reasoning and therefore we ask for a • detailed explanation for the denial. I will wait for your response until March 31, 2011, before proceeding with the opinion on this matter. Please call me if you have any questions. Sincerely, 1 9 Linde H. Joesti 6 Staff Attorney LHJ:dms Encl: I) OIP Itr dtd 9/23/09 2) Colc Itr dtd 9/8/09 011661 • • r 1321 .0909..722009 2 p .2 TO: William l'. Kenoi, ESQ. JD6730 8 Sept 2009 Mayor • County of Hawaii State of Hawaii • FROM: Dan A. Cole Y.O. Box 630 Keaau, Hawaii 96749 RE: Request for access to government records as set forth in the State of Hawaii Uniform Information Practices Act, "UIPA ", chapter 92F Hawaii Revised Statutes. Dear Mayor Kenoi: In accordance with the Hawaii State UIPA a copy of the following records are requested; I. A copy of the 4 June, 2009 telephone message to you, Mayor Kenoi, from Dan A. Cole as recorded in writing by your staff member Irma, RE: Government Corruption and your involvement in racketeering activities. 2. A copy of the twenty-six.. (26), page document faxed to your office on 4 June, 2009. (The cover page of this document is attached hereto to aid in your identification of the requested government record.) 3. A copy of the phone tog as identified by a your staffer Irma, in a 4 June, 2009 telephone conversation with Dan A. Cole, identifying the time and date of the receipt via telephone FAX transmission of the twenty -six page document. Thank you for your attention to this request. Sincerely, Dan A. Cole CC: Ms. Jennifer Z. Brooks, Staff Attorney, OIP, State of Hawaii (t-, LINDA LINGLE STATE OF HAWAII GOVERNOR OFFICE OF THE LIEUTENANT GOVERNOR .TAMES R. AIONA. JR. OFFICE OF INFORMATION PRACTICES PAUL T. TSUKIYAMA t tt0 TENANT GOVERNOR UtRECT OR NO. 1 CAPITOL DISTRICT BUILDING 250 SOUTH HOTEL STREET, SUITE 107 HONOLULU, HAWAII 98813 Telephone: 18081 586.1400 FAX: 1808) 586-1412 E-MAIL: otp @hawait.gov www.hawaii.gov /Gip September 23, 2009 VIA FACSIMILE: 808 -961 -6553 The Honorable William P. Kenoi Mayor County of Hawaii Re: Appeal from Denial of Access to General Records (APPEAL 10 -11) Dear Mayor Kenoi: The Office of Information Practices ( "OIP ") has received an appeal from Mr. Dan Cole with respect to the County of Hawaii, Office of the Mayor's denial of his request for record made under part II of the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes ( "UIPA "). Specifically, Mr. Cole has indicated that he made a written request to your office dated September 8, 2009 for access to documents he faxed to your office on June 4, 2009, a copy of the telephone message to you from Mr. Cole on that date, and the telephone log of his June 4, 2009 call to your office acknowledging the receipt of the documents that were sent. Mr. Cole has provided us with a copy of Mr. Kevin Dayton's letter to him dated September 15, 2009, in which Mr. Dayton advised Mr. Cole that your office was unable to locate the requested records. Copies of Mr. Cole's request to OIP and his record request to your office are enclosed for your information. If your office would like to provide additional justification for the agency's denial or if there is any additional information that your office would like us to consider in considering this appeal, please provide it to this office within ten business days from the date of this letter. If we do not receive any response from the agency by that date, we will assume that your office believes that its letter to Mr. Cole sufficiently articulates your office's position. Please remember that the UIPA places the burden on the agency to establish justification for the nondisclosure of government records. Haw. Rev. Stat. § 92F -15(c) (1993). The Honorable William P. Kenoi September 23, 2009 Page 2 Please be advised that, for purposes of complying with the UIPA, your office should not destroy a requested record that may be required to be made available for public inspection by OIP or the court. See OIP Op. Ltr. No. 92 -13 at 6 n.l. Thank you in advance for your cooperation and assistance in this matter. Please do not hesitate to contact the undersigned attorney if you have any questions or require assistance in responding to this letter. V. ytrul , o -, i ...- i • 4. o nifer '. .o s aff Attorney JZB:dms Enclosure cc: Mr. Dan Cole (without enclosure) Print Page 1 of 1 From: Ashida, Lincoln (LASHIDA @co.hawaii.hi.us) To: Linden.H.Joesting @hawaii.gov; Date: Mon, March 28, 2011 3:23:35 PM Cc: mrodillas @co.hawaii.hi.us; cole_hawaii @yahoo.com; Subject: Appeal from Denial of Request for Records (APPEAL 10 -11) Dear Ms. Joesting, Please see enclosed letter. Thank you for your attention and time, and please contact me if further information is required. This document was digitally signed using CoSign digital signature system. In order to trust and verify all electronic records signed by Corporation Counsel employees, please download the public root certificate at: http: / /co.hawaii.hi.us /verifier/ . You will need to do this download only once. Lincoln S. T. Ashida Corporation Counsel County of Hawai'i Hilo Lagoon Centre 101 Aupuni Street Suite 325 Hilo, Hawai'i 96720 Tel. (808) 961 -8304, x118 FAX (808) 961 -8622 Email: Lashida @co.hawaii.hi.us Website: www.co.hawaii.hi.us /cc /home.htm This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you have received this communication in error, please notify us immediately by email or telephone, and return the original message. Thank you! Hawai'i County is an Equal Opportunity Provider and Employer http: / /us.mg2. mail. yahoo. com /dc /launch ?.rand= ffb83avtatp6b 3/28/2011 . j� `r'-. Lincoln S.T. Ashida William P. Kenoi Corporation Counsel Mayor . Ma , - * . * y � - Katherine A. Garson -. N • Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 -4262 • (808) 961 -8251 • Fax (808) 961 -8622 E -mail: corpcounsel @co.hawaii.hi.us March 28, 2011 Sent via email to linden.h.joestin_q is hawaii.gov; no hard copy to follow Linden H. Joesting, Esq. Office of Information Practices State of Hawaii No. 1 Capitol District Building 250 S. Hotel St., Ste. 107 Honolulu, HI 96813 Dear Ms. Joesting: RE: Appeal from Denial of Request for Records (APPEAL 10 -11) Thank you for your letter dated March 17, 2011 to the County of Hawaii Office of the Mayor concerning the above appeal (letter enclosed). We respond on behalf of the County of Hawaii and provide a copy of this letter to Mr. Dan Cole to ensure he is given the reasons the requested documents were not provided to him. We respond to each of Mr. Cole's requests below. 1. "A copy of the 4 June, 2009 telephone message to you, Mayor Kenoi, from Dan A. Cole as recorded in writing by your staff member Irma, RE: Government Corruption and your involvement in racketeering activities." The Mayor's Office does not have this document (I cannot confirm one was ever created). However assuming this telephone message slip did exist and was available, such telephone message slips are used for the Mayor's convenience only, and are not required to be maintained. For this reason, and pursuant to OIP Opinion Letter No. 04 -17, the County of Hawaii submits these telephone message slips are not required to be maintained or produced pursuant to a UIPA records request. Hawai'i County is an Equal Opportunity Employer and Provider Linden H. Joesting, Esq. March 28, 2011 Page 2 2. "A copy of the twenty -six, (26), page document faxed to your office on 4 June 2009. (The cover page of this document is attached hereto to aid in your identification of the requested government record)" As Executive Assistant Kevin Dayton represented to Mr. Cole, this document cannot be found. We know it was received by the Mayor's Office, as it is recorded in the office correspondence log (see item 3 below). Assuming the 26 -page document is eventually found, the County has no objection to producing same to Mr. Cole. 3. "A copy of the phone log as identified by a (sic) your staffer Irma, in a 4 June 2009 telephone conversation with Dan A. Cole, identifying the time and date of the receipt via telephone FAX transmission of the twenty -six page document." Enclosed is a printout of documents received by the Mayor's Office from Mr. Cole. Entry No. 6310 evidences the receipt of the 26 -page document. Although the UIPA does not mandate the creation of any compilation or summary, the Mayor's Office ran this report and created this document to evidence the receipt of Mr. Cole's 26 -page document. With respect to Mr. Cole's specific request for a "phone log," no such manual document is maintained by the Mayor's Office, nor are the FAX activity logs from 2009 available. We hope the above explanation will suffice in assisting OIP in its review of Mr. Cole's request. Please let me know if further information or documentation is required. Very truly yours, Ashida, Lincoln Mar 28 2011 3:20 PM LINCOLN S. T. ASHIDA Corporation Counsel Encls. c: Mr. Dan Cole via email to cole hawaii c(�vahoo.com (w/ encls.) Selected Entries: Detail I MEM Entry No. Date Recd Company Person Routed To Resp Date Subject Referred To Referred Date Entry Type 242 12/29/2008 DAN COLE .� KEVIN DA ON 01/1512009 1EXTORTION OF ELECTED OFFICIALS & PRIVATE CITIZENS BY THE HAWAII COUNTY KEVIN DA O ! 12/29/2009 ImAIL 3142 06/04/2009 Dan Cole ! Pat Koga/M 1 6/10/09 Board of Ethics meeting: to publicly expose organized govt corruption and racketeer !FAX (26 pages) 4130 08/03/2009 Dan Cole EA Craig Kawag 08/07/2009 !Copy of letter to Jennifer Z. Brooks, Office of Information Practices EA Craig Kawagu 08 !FAX 6309 12/17/2008 Dan Co Mayor r nn- """ -- " --r !Copy of Ltr to Jane L. Kamerman, Special Agent in Charge, FBI = re Police Chief Lawrence Fiie- Mayor's 01/06/2010 !FAX 6310 12/17/2008 1 Dan Cole Ma r 1 26 page fax transmittal = copy of It to US Army Inspector General Jones and other Govt offs File - Mayor' 01/06/2010 FAX 10803 12129/2010' Dan Cole ! Mayor - � !Cop of letter to Nancy Cook Lauer = confirmation of organizae govemment corruption and r !HAND DELIVERED 1 Dan Col Ma 02/22/2011 !Hard copy of email: Hawaii County Council to hold formal hearings on Ethics Commission c (HAND DELIVERED 11516 03/07/2011 1 Dan Cole r Mayor ! 03/08/2011 !Proof of Racketeering Extortion over Govemmeent Offices in Hawaii - Re: Board of Ethics a !HAND DELIVERED 11571 03/14/2011 ! Dan Col�— Mayor 03/16/2011 !Proof of Racketeering Influence, Control, and Extortion of the Press in Hawaii �! 'HAND DELIVERED Selected Entries: D II Entry No. Date Recd Company Person Routed To Resp Date Subject Referred To Referred Date Entry Type 4651 09/08/2009' Dan A. Cole EA Kevin D a� r 'Request for access to government records (listed 3 items) as set forth in the State of Hawaii EA Kevi Dayton 09/10/2009 IHAND DELIVERED 5012 10/01/2009 'Request: list of 5 govemment documents = as set forth in the State of HI Uniform Informatio Lincoln Ashida 10/0212009 IHAND DELIVERED 8527 06/15/2010 7 _ �� Dan A. Cole ---! Mayor �� 'Letter to FEMA Director William Craig Fugate and Mayor Kenoi: request FEMA review attac Corp. Counsel 06/24/2010 'HAND DELIVERED 10471 11/24/2010 Dan A. Co —r Mayor 1 211 31201 0 'Testimony in Support of Bill 311; Before the Hawaii County Council, November 30, 2010 Fife - Mayor's 12/13/2010 IHAND DELIVERED 10769 12/27/2010 1 Dan A.. Cole Mayor, MD "—" 'Request copy of 3 County of HI govemment records re County Council Bill 311 $56M Gener IHAND DELIVERED 11145 01/31/2011' Dan A Cole Mayor 02/03/2011 'Notice of Intent to File in the U S District Court District of Columbia: Dan A. Cole, Complaina 'HAND DELIVERED 11515 03/07/2011 Dan A. Cole mat - -! 03/08/2011 'Request for Formal Hearings before the Hawaii County Council for Board of Ethics Petitions IHAND DELIVERED 11584 r577755711 Dan A. Cole - Mayor 03/16/2011 'Request for State of Hawaii, Office of Information Practices investigation of violations of Haw r — � 'MAIL 11681 03/21/2011 ( Dan A. Cole —r Mayor �� 'Appeal from Agency denial of Access to Personal Records, (HRS 95F -15 and HRS 15.5; 18 'HAND DELIVERED 11709 r77217 2011 Dan A. � 'RE: Supplemental to Appeal to Govemor Abercrombie for Agency Denial of Access to Pers �_� IHAND DELIVERED ''4:4 'i ": -- .V ; a;. - z r -•- -- • .I . ... ' .. / -., .... .....*: • -....: , .......,..... , ....:........ , .....: . L .. ..:L::;.C. 7 ..!..,:'. • -:.-...;;;:-.; 7 ‘. ......Y: --, ::'.'-' -..;.' i': : .. 1 ...:.;..--‘--•'''''-f-7.t.4-Z.t'I''''''thti7,..tVr.4:'-:.,..:.:•.;,.. .,... .:'7: .- , . . ' - '7. r. • - : i . • .. • . '' .. 4 .4' :, .. ' - • ' . . . - . . . - ... . .,. . . - . . - . - . -,-... '4- • z . 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':' ."..,e-' - - . 4 -:'. •1 • ;4'7: ..=... - ...' - i - -.T. • .. 7.-' . ....: fe . .. . , :R ', ' :***:• ! ffi- '. - - - ' i'a ; - . 1-. i i'f ' i , - 1 • -..,.. . ; •-•-: ■ - . • • -...,,-g • ig , ---- tz' • _ . t_ , _ -.:: '• '. :Tyte X . . - SGNED 'T1r - 1! - ■ . . . r ..,_ .., . ' l' :44-'-' Nvia*-- - 0+1 - • ,-' 71 .-40A-7..`•-r , - • 1 - -.'.4-"r -.."-r-41. .., . - ,--4.:1&;.7-•,.%ikF.1.,..,-7,-..,. - • ..- ...- • . .,..„ .: . . . , ::*.$ ... ' . -. • - •- • • - - . • . . , - .. . .. ,. . .,. . . . . . .. . . . , ZE OR y, NEIL ABERCROMBIE STATE OF HAWAII GOVERNOR OFFICE OF THE LIEUTENANT GOVERNOR „ ; H2 OR OFFICE OF INFORMATION PRACTICES CHER1L PARK NO. 1 CAPITOL DISTRICT BUILDING 250 SOUTH HOTEL STREET, SUITE 107 HONOLULU, HAWAII 96813 Telephone: (808) 586 -1400 FAX: (808) 586 -1412 E -MAIL: oip@hawaii.gov www.hawaii.gov /oip May 11, 2011 By fax to 808- 966 -9229 By email to Cole Hawaii @yahoo.com Mr. Dan Cole P.O. Box 630 Kea'au, Hawai'i 96749 Dear Mr. Cole, Thank you for talking with me today on the telephone. As I mentioned, there is no requirement that you wait for a decision by the Office of Information Practices (OIP) on your cases before filing suit in court. However, if you do file a civil suit relating to, under, or affected by the Uniform Information Practices Act (UIPA) you must notify our office in writing at the time of the filing. Haw. Rev. Stat. § 92F -15.3. An appeal to our office for review of an agency denial does not prejudice your right to appeal to the circuit court. Haw. Rev. Stat. § 92F -15.5. You may want to consult with an attorney to ascertain the appropriate deadlines for your situation. Our office is not advising you whether or not, or when, to file suit relating to your UIPA or Sunshine Law matters. In your phone message you indicated you would file suit against me, pursuant to 18 USC § 241, if I did not call you back by 3pm. There is no need to threaten suit in order to have me return your call. Sincerely, Linde' H. Jo 1 I StafAttorney LHJ:dms Print Page 1 of 3 From: Dan Cole (cole_hawaii @yahoo.com) To: oip @hawaii.gov; neil.abercrombie @hawaii.gov; Date: Wed, May 11, 2011 5:06:36 PM Cc: Linden.H.Joestring @hawaii.gov; afpeditor @americalfreepress.net; afpeditor @americanfreepress.net; bford @co.hawaii.us; cjensen @westhawaiitoday.com; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; editor @hawaiinewsdaily.com; fblas @co.hawaii.hi.us; glenn.s.hara @courts.state.hi.us; greg .k.nakamura @courts.state.hi.us; jyoshimoto @co.hawaii.hi.us; Linden.H.Joesting@hawaii.gov; mmitchell @calea.org; ncook - lauer @westhawaiitoday.com; neil.abercrombie@hawaii.gov; newswoman @mac.com; oip @hawaii.gov; phoffinann @co.hawaii.hi.us; rflickinger @westhawaiitoday.com; ronald.ibarra @courts.state.hi.us; susan _ mollway @hid.uscourts.gov; apilago @co.hawaii.hi.us; aphonolulu @ap.org; bsmart@co.hawaii.hi.us; hcpdone @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; Glenda.Paige @hawaii.gov; Glenda.Paige @hawaii.gov; glennbeck @foxnews.com; jbriski @co.hawaii.hi.us; wkenoi @co.hawaii.hi.us; LASHIDA @co.hawaii.hi.us; hawaiiag @hawaii.gov; MCROSSON @co.hawaii.hi.us; newswoman@me.com; wht @aloha.net; Subject: Filing of Federal Compaints RE: 18 U.S.0 241, 242, 1584,... against the State of Hawaii Office of Information Practices Officials & UIPA Records Request Dear Governor Abercrombie & OIP Director Park I would like to thank the Office of Information Practices for the letter dated May 11, 2011, however please be advised I had no telephone conversation with OIP Staff Attorney Joesting on this date, 11 May 2011. I had a recorded telephone conversation with OPI Staff Attorney Joesting on 10 May 2011, in addition to the recorded telephone conversations on this date, and other dates, with the State of Hawaii Governor's Office and the State of Hawaii Attorney Generals Office. et. al. for the purpose to fulfill the requirements and legal obligations of 18 U.S.C. 4 Misprision of felony. The failure of the Governor, State Attorney General, the OIP Staff, et. al., to take action RE: OIP APPEAL 10- 11, and /or upon the Misprision of felony to violations of 18 U.S.C. 371 Conspiracy to commit offense or to defraud United States to violations of 18 U.S.0 1040 Fraud in connection with major disaster of emergency benefits RE: 2001 Federally funded Job No. P -3535 to remove Storm Debris from Hilo Streams beds resulting the the $80 plus million dollars of flood damage to properties down stream from the illegal Stream Diversion Works constructed under the supervision and authority of corrupt public officials and Agents of the County of Hawaii and the Federal government, constructed with federal funds, and build for flood protection of property and land of politically privileged persons to aid in land and property development, to include the corruption of FEMA FIRM's, ( Flood Insurance Rate Maps), to hide from financial institutions and buyers of real property the true risk to property and exposure of the County of Hawaii to hundreds of millions of dollars in potential civil and criminal fines should the State and /or Federal governments take civil and /or criminal action against the County of http: / /us.mg2. mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 5/12/2011 Print Page 3 of 3 In addition pursuant to Hawaii Revised Statutes, I make this request for access to OPI records identified under HRS 92 -1.5 Administration of this part. Records requested are identified as the Director's annual reports to the legislature containing complaints, along with resolution of complaints and other statistical data to the legislature, no later than twenty days prior to the convening of each regular session for the years 2010 and 2011. Thank you for your attention in this matter and UIPA Request. Sincerely, Dan A. Cole From: "oip @hawaii.gov" <oip @hawaii.gov> To: Dan Cole <cole_hawaii @yahoo.com> Sent: Wed, May 11, 2011 2:09:31 PM Subject: letter from DIP Attached is a letter to Dan Cole from Linden H. Joesting dated May 11, 2011. If you have difficulty opening the attachment, please contact Dawn Shimabukuro at 586 -1400. Office of Information Practices State of Hawaii No. 1 Capitol District Building 250 S. Hotel St., Suite 107 Honolulu, Hawaii 96813 Tel.: 808 - 586 -1400 Fax: 808 - 586 -1412 E -mail: oip @hawaii.gov Web site: www.hawaii.gov /oip http: / /us.mg2. mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 5/12/2011 FAX TRANSMITTAL: Thirty-One, (31), pages total. TO: Ms. Cheryl Kakazu Park 6 May 2011 Director, State Office of Information Practices State of Hawaii Telephone: 808-586-1400 FAX: 808 -586 -01412 TO: The Honorable Neil Abercrombie Governor, State of Hawaii Telephone: 808 -586 -0034 FAX: 808 -586 -0006 TO: Mr. David M. Louie Attorney General, State of Hawaii Telephone: 808-586-1500 FAX: 808 -586 -1239 COPY TO: U.S. Senator Daniel K. Inouye FAX: 202 - 224 -6747 COPY TO: U.S. Representative Mazie K. Hirono FAX: 202 - 225 -4987 FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Telephone: 808 - 966 -9229 SUBJECT: County of Hawaii's Wilful violations of Hawaii's Sunshine Laws to protect and aid organized government corruption and racketeering. RE: OIP APPEAL 10 -11; United States Code, 18 U,S,C, §4 Misprision of felony to violations of 18 U.S.C. §1961 Defmitions, (1.) "racketeering activity" Aloha Governor Abercrombie, OIP Director Park, Attorney General Louie, This letter identifies the existence of organized corruption in County, State and Federal offices in Hawaii. I have been sending Governor Abercrombie, and former U.S. Representative Abercrombie, et. al., detailed and verifiable information as required by United States Code 18 U.S.C. §4 Misprision of felony to violations of 18 U.S.0 § 371 Conspiracy to commit offense or to defraud the United States and U.S. Senator Daniel Inouye's involvement in violation of 18 U.S.C. §3 Accessory after the fact to the Military Construction Fraud involved in the U.S. Air Force funded construction of the Hawaii Air National Guard Facility built in Hilo, Hawaii that was constructed backwards, without the required Zone 3 & Zone 4 earthquake connections, without natural or fresh air ventilation for personnel occupied rooms, and constructed of substandard materials and practices. Senator Inouye has used his "Official" powers and political/personnal connections over the past 25 years to cover -up this fraud. It is understood from conversations from former Air National Guard Members that occupied these unventilated spaces that they have developed symptoms of C.O.P.D. and other lung problems that would have resulted from the re- breathing of the air over a period of time and repeated exposure to such a toxic environment. I have also been providing to my Federal, State, and County elected and appointed Sworn Officials, as well as County, State, and Federal Law Enforcement officials information as to the existence and membership of a "Local" RICO Enterprise organized and controlled by and through cultural and ethic norms and associations that influence, control, and/or extort County, State, and Federal officials and employees in the State of Hawaii, to include the Judges and Officers of Courts of the State and Federal Court systems in Hawaii. It is understood from letters of Extortion mailed to me in the U.S. Postal System and I have obtained through Freedom of Information Requests and entered into State Court records and the County of Hawaii Council's records, where such Extortions Letters identified my person to be of questionable mental state and would therefore I would be ignored as to any allegations of organized government corruption I may profess. These Letters of Extortion were printed on "Official" County of Hawaii Letterhead, under the authorization of Hawaii County Mayor William Kenoi and bearing the Official Signature of the County Corporate Counsel Lincoln S.T. Ashida. It is understood that it is upon these letters that County, State, and Federal Law Enforcement and elected officials have ignored my correspondence and the legally required misprision of felony notifications Governor Abercrombie is personally aware of the certain peril to the health, safety, and welfare of the people of the Island of Hawaii that has, and will result from the organized government corruption controlled by and through a "Local" RICO Enterprise within the County of Hawaii in such actions as the authorization and supervision of the construction of illegal federally funded fraudulent stream diversion works under the 2001 federally funded contract Job No. P -3535 to remove the flood debris from Hilo Streams, and therefore a violation of 18 U.S.C. §1040 Fraud in connection with a major disaster or emergency benefits, which carries a 30 year federal imprisonment and fine, where illegal actions were performed for the benefit of politically privileged property owners that resulted in the over $80 million dollars of flood damage in 2008 down steam from these illegal alterations of the Waiakea Stream and other stream beds in the Hilo area that also resulted in, or caused the slit blocking of navigational areas of the Hilo Harbor and the corruption of FEMA FIRM's, Flood Insurance Rate Insurance Maps, to hide the true flooding risk to aid politically privileged people in property and land development in areas of Hilo, Hawaii. Due to the conspiracy of County, State, and Federal officials acting under the Color of Law and the influence a "Local" RICO Enterprise, the OVERT ACT of the pending major historical flooding in areas of Hilo, Hawaii will occur during the period that Governor Abercrombie will be in office, and due to Gov. Abercrombie's personal knowledge of organized government corruption along with Sen. Daniel Inouye's personal involvement in preventing or hindering action to prevent the apprehension, trial or punishment of corrupt government officials and Enterprise members that would expose this peril to the health, safety, and welfare of the people of Hawaii, it is just a matter of a little time and a lot of rain water. I have informed Sworn Public Officials and have placed thousands of pages of verifiable documentation and evidence to support the aforementioned allegations and facts of the aforementioned statements into Federal, State, and County records, in U.S. Army, U.S. Air Force records, and the Court records of the State and Federal Court systems in Hawaii. Please check my testimony before the State Senate for the appointment of Edward Kubo to a Judgeship in the State Court system, RE: GM -109. You may also ask the County Clerk, County of Hawaii for the records she has on file in the Clerks repository of records of the testimony, RE: Dan A. Cole before the Hawaii County Council. Failure of elected and sworn officials to take the legally required actions as defined and required by United States Code, 18 U.S.C. §4 Misprision of felony is a confession of their guilt to 18 U.S.C. §3 Accessory After the Fact for the protection of organized government corruption and patterns and histories of racketeering activity in violation of State and Federal RICO statutes. I have been waiting since June 2009 for a Formal Opinion by the Director of the State Office of Information practices for the purpose to take legal action in State Courts to void illegal acts and actions of the government of the County of Hawaii and it's Agents as to wilful violations of Hawaii Sunshine Law statutes by the County of Hawaii's Board of Ethics for disguising the true intent, pattern and history and nature of violations of the Hawaii County Ethics Code by Hawaii County officials and employees. The County of Hawaii refuses to publish the names of the Petitioner or accused County Agent in the Agenda of the Ethics Board meetings and thereby depriving the public of transparency in government and the information that identifies a pattern and history of Ethics Violations by a defined group of Public Servants engaged in patterns and histories of violations the Federal RICO Act statutes It is noted that even after the board has made its decisions the names and details are kept from the public. I have attached the Agendas for the Hawaii County Board of Ethics for the calendar year 2011. See, if by reading the Agendas, you can determine any information as to the true nature of Agenda Items and what Public Officials are involved and why. After you have read the attached Agenda's of the Board of Ethics please reread them in light of the following information. 1. On the January 12, 2011 Agenda, NEW BUISNESS Petition No. 2010 -10 Who is the petitioner, what was the Confirmation Hearing for, and why after the names of the Petitioner and Officer identified in a Public Hearing are the Names and description of the Ethics Violations still kept secret in the May 11, 2011 Agenda, UNFINISHED BUISNESS, c. of the FORMAL Hearing on the Ethics Violation. 2.On the January 12, 2011 Agenda, NEW BUISNESS Petition No 2010 -11 the name of the county officer is not identified. You will notice that the Officer is the Hawaii County Council Chairman Dominic Yagong. You will note that on the following Agendas you never see his name. Maybe there are members of the Public that have information relevant to this matter before the Board and would have testified in PUBLIC STATEMENTS had they know the petition was about the Hawaii County Council Chairman. 3. On the January 12, 2011 Agenda, NEW BUISNESS, item d. What Gifts were given by what Member of the Workforce Investment Board and who were the gifts given to? Please notice that under EXECUTIVE SESSION Review of Confidential Financial disclosure Forms, you will see the name Hugh Willocks, member Workforce Investment Board. It can be assumed that this is the same Willocks as in Willocks Construction Company that has an apparent history of questionable political and favorable treatment in County Contracting due to the ownership in the company of former Hawaii County Mayor Steven Yamashiro and a close political /personal relationship with U.S. Senator Daniel K. Inouye. Also note that the Chairman of the Hawaii County Board of Ethics John E.K. Dill who in private life represents major construction firms doing large scale construction projects on the Island of Hawaii, and was apparently nominated by the last State Governor to sit on the State Contractors Licensing Board. 4. On the February 9, 2011 Agenda NEW BUISNESS, Petitions No's 2011 -01, 02, 04, 05 the Petitioners name is not identified. I, Dan A. Cole, am the Petitioner and the Petitions were filed to identify patterns and histories of racketeering activities to include Extortion and Tampering with a Witness, Victim or an Informant RE: Conspiracy by County officials to violations of 18 U.S.C. §371 Conspiracy to commit offense or to defraud United States, RE: 18 U.S.C. § 1040 Fraud in connection with major disaster or emergency benefits RE: Federal Funded Contract of 2001 Job No. P -3535 Removal of storm Debris from Hilo Stream Beds the resulted form the Major disaster flooding of November 2000. These violations of the Federal RICO Act as a result of conspiracy under the Color of Law to deprive a person of their constitutional rights to petition the government in redress of grievance, RE: 18 U.S.0 § Misprision of felony to violations of the Federal RICO Act, where the conspirators in the Petitions are the Hawaii County Board of Ethics Chairman John Dill, Hawaii County Corporation Counsel Lincoln S.T. Ashida, and the former Hawaii County Prosecuting Attorney Jay Kimura. The aforementioned petitions were only placed on the Board of Ethics Agenda after a Mainland News organization contacted the County Corporate Counsel's office, Mary Crosson secretary to the Board of Ethics for information about the Petitions. You will also note that these petitions have disappeared from all following Agendas with out any action by the Board identified. NOTE: Due to conflict of interest two members of the Ethics Board have disqualified themselves thereby due to the vacant positions on the Board of Ethics leaves the Board without a quorum to conduct any actions on the Petitions. A request was made to the Chairman of the Hawaii County Council to conduct Formal Hearings on the petitions, As of this date this request has not been address by Chairman Dominic Yagong. 5. On the February 9, 2011 Agenda NEW BUISNESS, Petition No. 2011 -06 the Former employee is the Former County of Hawaii County Clerk Kenneth Goodenow. It appears that the Former County Clerk is asking for a waiver of the Hawaii County Rules that prevent such employment for a defined period of time after the Former Clerk has left office. I am sure if the Public knew these facts there would have been public testimony on the Petition as it appears like such employment would or could be detrimental to the County of Hawaii. 6. On the February 9, 2011 Agenda under UNFINISHED BUISNESS Petition No. 2010 -11, The Hawaii County Chairman Dominic Yagong was identified in a Public Meeting of the January 12, 2011 Ethics Board Meeting and therefore his name should have been published under the Rules and Procedures of the Hawaii County Board of Ethics. 7. On the March 9, 2011 Agenda under NEW BUISNESS Petition No. 2011 -07 the County Officer in question is the Hawaii County Finance Director Nancy Crawford. You will also note that the Agenda does not even mention that there is or was a Petitioner. I, Dan A. Cole, am the petitioner and the information contained in the petition identifies patterns and histories of racketeering activity in conspiracy to violations of United States Code 18 U.S.C. §1344 Bank fraud, and violations of the 1933/1934 Securities Act, Section 17. With apparent ties in conspiracy to the former Hawaii State Attorney General Mark Bennett and the law firm he was or is a partner in as the Bond Counsel for the County of Hawaii. 8. On the March 9,2011 Agenda under NEW BUISNESS, petition No. 2011 -08 An Officer request an informal opinion if the Officer may sit on the National Interstate for Juvenile Board with the State of Hawaii. Who is this officer, What are the Officers qualifications to sit on such a Board, does this Officer have a questionable background such that the Officers name cannot be printed in the Agenda? Sitting on a National Board representing the State of Hawaii the Public should have the Officers name and information sufficient to determine if they would want to make a Public statement or submit to the Board of Ethics support or detracting information for the Board to review. This is a blatant violation of the letter and intent of Hawaii's Sunshine Law. 9. On the May 11, 2011 Agenda under COMMUNICATIONS: Glen Hisashima is identified to fill the vacant Board of Ethics position. With Petitions No's. 2011 -01, 02, 04, and 05 removed from public view and not identified as UNFINISHED BUISNESS the appointment of Glen Hisashima will not be questioned by the public or information brought forth by the public in statements or testimony as to possible conflicts in sitting in judgment on petitions against Corporate Counsel Lincoln Ashida, Ethics Board Chairman John Dill and former County Prosecuting Attorney Jay Kimura, thereby creating the possibility to prevent any Formal actions or decisions by the Hawaii County Board of Ethics, where as the Board is identified as a civil authority under the United States, that would expose organized government corruption and patterns and histories or racketeering activities by a "Local" RICO Enterprise within the County of Hawaii in violation of the Federal RICO Act. 10. On the March 11, 2011 Agenda under UNFINISHED BUISNESS, a. Petition No 2010 -11 The Board of Ethics has conducted hearings, and made a decision and drafted an order dismissing the petition but by the information printed in the Board's Agenda the Public would have no idea what the petition was about or who the official was. 11. On the March 11, 2011 Agenda under UNFINISHED BUISNESS, b. Petition No. 2011 -07 the Name of the County Officer, Finance Director Nancy Crawford has been disclosed in a Public Hearing of the Board and therefore by the Boards own Rules and procedures should have her name identified in the ongoing actions before the Board. 12. On the March 11, 2011 Agenda under UNFINISHED BUISNESS, c. Petition No. 2010 -10, what are these Formal Hearings about? The communications from the Respondent's are filed with the Board of Ethics and are therefore Public Information, how many time has this Officer been before the Board of Ethics, if the County Officers Name were to be revealed would members of the Public wish to submit statements or testimony in support or against the Petition? It is noted the deliberate actions, or non- actions by the former Acting OIP Director Ms. Cathy Takase were in direct conflict of interest of her and her family business and Ms. Takase used her Official Position where such actions constitute a knowing and knowingly violation of 18 U.S.0 §3 Accessory after the fact to criminal violations of 18 U.S.C. §1961 Definitions (1.) "racketeering activity ", et. al. . I request that the State of Hawaii Office of Information Practices enjoin the County of Hawaii and it's Board of Ethics from conducting further meetings until the Hawaii Sunshine statutes are complied with as to public disclosure. Thank you for your attention in this request and the 18 U.S.C. §4 Misprision of felony I have identified. Sincerely, Dan A. Cole :r RECEIVED ' 2 1 ME 2$ Pik 6 55 NEIL A EnCROMBIE STATE OF HAWAII 0FFtOE OF "::E MAYOR onvEsion TA BRIAN S TZ OFFICE OF THE LIEUTENANT GO1 t� Of HAWAI CATHY MIME I TENAM* GOVERNOR OFFICE OF INFORMATION EftACTICES ACTING DIRECTOR NO. 1 CAPITOL. DISTRICT 84M144 ►,I " • M 250 SOUTH HOTEL STREET, �TO? HONOLULU. HAWAII 96813 Telephone: (808) 586 -1400 FAX: 4808) 586 -1412 E -MAIL oiR@hawan.aov www.hawa((.gov /aig March 17, 2011 VIA EMAIL: wkcnoi(cdco.hawaii.hi.us The Honorable William P. Kenoi Office of the Mayor 25 Aupuni Street Hilo, Hawaii 96720 Re: Appeal from Denial of Request for Records (APPEAL 10 -11) Dear Mayor Kenoi: I have recently been assigned to this case. In my review of the file 1 noticed we have not received a response from your Office to our letter of September 23, 2009, a copy of which is attached. In that letter we asked your Office if it wished to further explain why it partially denied Mr. Cole's request for records. Your office did respond to Mr. Cole, on September 15, 2009, that it was unable to locate some the records requested on September 8, 2009. However there were two other requested records to which the Office did not respond. OIP would prefer to give full consideration to your Office's reasoning and therefore we ask for a detailed explanation for the denial. 1 will wait for your response until March 31, 2011, before proceeding with the opinion on this matter. Please call me if you have any questions. Sincerely, Linde H. Joesti Staff Attorney LHJ:dms Encl: 1) OIP Itr dtd 9/23/09 2) C-olc ltr dtd 9/8/09 011661 tE of k q NEIL ABERCROMBIE DAVID M. LOUIE GOVERNOR ATTORNEY GENERAL RUSSELL A. SUZUKI STATE OF HAWAII FIRST DEPUTY ATTORNEY GENERAL DEPARTMENT OF THE ATTORNEY GENERAL 425 QUEEN STREET HONOLULU, HAWAII 96813 (808) 586-1500 March 24, 2010 Mr. Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Dear Mr. Cole: Re: Your Appeal of Denial of Request for Agency Records Your letter to the Governor dated March 21, 2011 has been referred to this office for response. You indicate that "[i]n the absence of a State OIP Director [you] are filing this OIP Appeal directly with the State Governor." You are incorrect. There is a director at the Office of Information Practices and you should submit your appeal to that office which has jurisdiction over that matter. Very truly yours, dtr Russell A. Suzuki First Deputy Attorney General UNDA RINGLE GOVERNOR STATE OF HAWAII JAMESR.AIONA.JR. OFFICE OF THE LIEUTENANT GOVERNOR CATHY L. TAKASE LIEUTENANT GOVERNOR OFFICE OF INFORMATION PRACTICES ACTING DIRECTOR NO. 1 CAPITOL DISTRICT BUILDING 250 SOUTH HOTEL STREET, SUITE 107 HONOLULU, HAWAII 96813 Telephone: (808) 586 -1400 FAX: (808) 586 -1412 E -MAIL: oip @hawaii.Qov www.hawaii.pov/oio November 18, 2009 Mr. Dan Cole P.O. Box 630 Keaau, Hawaii. 96749 Re: Request for Investigation (S INVES -P 10 -11) Dear Mr. Cole: The Office of Information Practices ( "OIP ") has opened the above - referenced file relating to your request for an investigation regarding the County of Hawaii, Board of Ethics under the Sunshine Law, part I of chapter 92, Hawaii Revised Statutes. OIP will be consolidating all your requests regarding the Hawaii County Board of Ethics when an opinion is issued. We will contact you if we require any additional documentation or information from you. Should you have any questions concerning the status of your request, please do not hesitate to contact our office at 586 -1400. V I , truly : • /OW nnife.. ' �ooks tall Attorney JZB:dms PETITION,' t►�,. i BOARD OF ETHICS = - 101 Aupuni Street, Suite 325, Hilo, Hawaii 90b f � L-'' i,av 28 3 8 PE I.HON _ court l NAME OF PETITIONER: Dan A. Cole Date: 27 October 2009 Residence Pk 966 -9229 ADDRESS: P.O. Box 630, Keaau, HI 96749 Business Ph: N/A STATEMENT OF THE NATURE OF PETITIONER'S INTEREST, INCLUDING REASONS FOR THE SUBMISSION OF THE PE1T1 iON: The Hawaii County Board of ethics commited wilful violations of Hawaii's Sunshine Law, and BOE Rules of Practice & Procedures, in an attempt to prevent my appearance before the BOE on June 10, 2009, to deprive me of my State and Federal Constitutional rights and freedoms to petition the government in redress of greivance SPECIFIC PROVISION ON THE CODE OF ETHICS IN QUESTION: HCC Section 2-83 FAIR TREATMENT COMPLETE STATEMENT OF FACTS: The BOE committed wilful violations of Hawaii's Sunshine Law, and BOE Rule 3.4, Procedural Requirments for Notice, for the purpose to prevent my apearance before the BOE on June 10, 2009 to expose RICO activties in the County of Hawaii govemment. STATEMENT OF THE POSITION OR CONTENTION OF THE PETITIONER: I request a Formal Opinion of the BOE, for the restoration of my Constitutional rights to Petition the government in redress of greivance. 4 l'oner's Signature ANY PETITION THAT DOES NOT SUBSTANTIALLY COMPLY WITH THE FOREGOING REQUIREMENTS MAY BE REJECTED. IN ADDITION, THE BOARD MAY, FOR GOOD CAUSE, REJECT ANY PETITION. IF THE PETITIONER IS THE PERSON WITH THE ETHICS PROBLEM, PLEASE COMPLETE THE FOLLOWING: Dan A. Cole , DO HEREBY REQUEST AN OPEN / HEARING. Hawaii County is an Equal Opportunity Provider and Employer jp „- Ak i < � . r LINDA RNNGLE GOVERNOR ' STATE OF HAWAII JAMES R. AIONA, JR. OFFICE OF THE LIEUTENANT GOVERNOR CATHY L. TANASE LIEUTENANT GOVERNOR OFFICE OF INFORMATION PRACTICES ACTING DIRECTOR NO. 1 CAPITOL DISTRICT BUILDING 250 SOUTH HOTEL STREET, SUITE 107 HONOLULU, HAWAII 96813 Telephone: (808) 586 -1400 FAX: (808) 586 -1412 E -MAIL: oiD hawaii.aov 4 www.hawaii.aov /oip November 18, 2009 VIA FACSIMILE: (808) 961 -8622 John E.K. Dill, Chaitperson Board of Ethics, County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Re: Request for Investigation (S INVES -P 10 -11) Dear Chair Dill: The Office of Information Practices ( "OIP") has received a complaint from Mr. Dan Cole, concerning the County of Hawaii, Board of Ethics' ( "Board "). Specifically, Mr. Cole asks whether the agenda for the November 19, 2009 meeting violated part I of chapter 92, Hawaii Revised Statutes (the "Sunshine Law "). A copy of Mr. Cole's complaint is enclosed for your information. We ask for your assistance in our review of this complaint. Please provide us with a detailed explanation, including any relevant legal citations, setting forth the Board's position on this matter and any other information you deem relevant to this inquiry. We request that the Board provide this response to OIP no later than ten business days from receipt of this letter. OIP will be consolidating all of Mr. Cole's requests for an investigation when an opinion is issued. Thank you for your attention to this matter. If you have any questions or would like to discuss this matter, please do not hesitate to contact the undersigned attorney. - ry tr ours, • 1110 enn.'�'. Cr. l • 16"mmlimmm• Staff A . rney JZB:dms Enclosure • cc: Mr. Dan Cole (without enclosure) BOARD OF ETHICS, County of Hawa 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 AGENDA Wednesday, January 12, 2011 - 10:00 a.m. 101 Aupuni Street, Room 145 (Hilo Lagoon Centre Conference Room) Hilo, Hawai`i 96720 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE MINUTES OF THE DECEMBER 8, 2010, REGULAR SESSION 4. NEW BUSINESS a. Election of vice chair. b. Petition No. 2010 -10: Initial review of petition alleging that an officer did not treat petitioner in a "courteous, fair and impartial manner" at Petitioner's confirmation hearing. c. Petition No. 2010 -11: Initial review of petition questioning whether an officer had a conflict of interest when voting on Bill 283, and whether statements made by the officer caused the officer to violate financial disclosure requirements. d. Counsel's report regarding matters and/or inquiries received by the Board, including: (1) Gifts Disclosure Statement received from a member of the Workforce Investment Board. 5 UNFINISHED BUSINESS (NONE) 6. EXECUTIVE SESSION With reference to the agenda items listed below, one or more executive meetings are anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or disciplining of an officer or employee of the County of Hawai`i, where considerations of matters affecting privacy will be involved. The Board may also consult ■ with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Therefore, pursuant to Hawai`i Revised Statutes ( "HRS ") Sections 92- 5(a)(2), 92- 5(a)(4), and 92- 6(a)(2), the following items may be considered in Executive Session. a. Approval of the minutes of the December 8, 2010, Executive Session. b. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(d), Hawai`i County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: Board, Commission, Name Position • or Department 1 Daniel Banks Member Workforce Investment Board 2 Philip Castille Member Workforce Investment Board 3 Wayne Higaki Member Workforce Investment Board 4 Ward Pirie Member Workforce Investment Board 5 June Rabago Member Workforce Investment Board 6 Lester Seto Member Workforce Investment Board 7 Toby Taniguchi Commissioner Fire Commission 8 Hugh Willocks Member Workforce Investment Board 7. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for February 9, 2011, at 10:00 a.m. at 101 Aupuni Street, Suite 145, Hilo, Hawai`i (the Hilo Lagoon Centre's conference room). 8. ADJOURNMENT in NOTE: If you require an accommodation or auxiliary aid and/or services to participate in this meeting (i .e., s l anguage, i n t erpre t er, l arge pr p ca 961 -8304 ex 101). NOTICE TO LOBBYISTS If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist (Article 15, Section 2- 91.3(b), Hawai'i County Code). A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six -month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." (Article 15, Section 2- 91.3(a)(6), Hawaii County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk - Council, 25 Aupuni Street, Hilo, Hawaii 96720. 2 II 4) BOARD OF ETHICS, County of Hawaii :�- 101 Aupuni Street, Suite 325, Hilo, Hawaii! 96720 TeL No. (808) 961 -8251 January 31, 2011 Mr. Dan A. Cole P.O. Box 630 Keeau, Hawaii 96749 _ Re: Petition No. 2011-01 (regarding Lincoln Ashida, dated 1/18/11) Petition No. 2011 -02 (regarding John Dill, dated 1/18/11) Petition No. 2011 -04 (regarding Lincoln Ashida, dated 1/27/11) Petition No. 2011 -05 (regarding Jay Kimura, dated 1/27/11) Dear Mr. Cole: The Hawaii County Board of Ethics ("Board") has received the above four petitions from you, as numbered and dated above. They are being placed on the Board's February 9, 2011, . agenda for initial-review by the Board_ At this initial review, the Board will determine how it will proceed and whether the petitions are sufficient to schedule for informal hearings. You are welcome to appear at the February 9, 2011, . meeting to provide testimony or further information, if necessary. The meeting is scheduled for 10:00 a.m. at the County Council chambers at 25 Aupuni Street, Hilo, Hawaii 96720. Please contact me or the Board's attorney, Renee Schoen, if you have any questions. We _... _. can also be reached via email at mcrosson@a co.haw ii trials and rschoen@co.hawaii.hi_us. Sincerely, Mary E. rosson Secretary me - 111138cc16odprs -01 AYO onh131-11tocolt acknowledging polio& - - - Hawaii County is an Equal Opportunity Provider and Employer eot t ' HAWAII PETIMANOP THE CORPOR/}1 Wm 1140 (AGOON corm t BOARD OF ETHICS to I AvIVrh ST STE 321, pato Hi 9 WW1 40 - 'j 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 REC'D JAN 2 7 2011 PETITION NAME OF PETITIONER Dan A. Cole Date: 27 January 2011 Residence Ph: 966 - 9229 ADDRESS: P.O. Box 630, Keaau, Hawaii 96749 Business Ph: N/A STATEMENT OF THE NATURE OF PEI11IONER'S INTEREST, INCLUDING REASONS FOR THE SUBMISSION OF THE PE mON: This Petition is submitted in accordance with United States Code 18 U.S.C. 4 Misprision of felony to violations of 18 U.S.C. 241 Conspiricy against rights, and 18 U.S.G. 242 Deprivation of rights under the color of law, RE: State & Federal Constitutional rights and freedoms to petition the government in redress of grevance. SPECIFIC PROVISION ON THE CODE OF ETHICS IN QUESTION: Section 2- 83(a)(3) All persons shall be treated in a courtous, fair, and impartial manner. Section 2 -83(b) No officer or employee shall use or attempt to use the officer's or employee's official position to secure or grant unwarrented privileges, advantages... COMPLETE STATEMENT OF FACTS: Corporation Counsel Lincoln S.T. Ashida conspired with Hawaii County Prosecuting Attorney Jay T. Kimura to deprive a person of their State and Federal Constitutional rights and freedoms through violations of HRS 707 -764 Extortion (1)(e)... (continued) STATEMENT OF THE POSITION OR CONTENTION OF THE PE1H LONER The petioner demands that his state and Federal Counstitutional rights and freedoms be retored and a formal hearing of the Board of Ethics conviened. etitioner's Signature ANY PETITION THAT DOES NOT SUBSTANTIALLY COMPLY WITH THE FOREGOING REQUIREMENTS MAY BE REJECT Ell. IN ADDITION, THE BOARD MAY, FOR GOOD CAUSE, REJECT ANY PETITION. IF THE PETITIONER IS THE PERSON WITH THE ETHICS PROBLEM, PLEASE COMPLETE THE FOLLOWING: I, Dan A. Cole , DO HEREBY REQUEST AN OPEN / HEARING. • Hawaii County is an Equal Opportunity Provider and Employer { PETITION NO. � � ` `� �% BOARD OF ETHICS OuN� t3� HAY`7A#t t�! '» /(�1� �rrC• OF I' iE CORPQii4tl0144 101 Aupuni Street, Suite 325, Hilo, Hawaii 9671 LAGOON GI�rRE : 01 MU ii SY STE 3ff 440 0010 9014 PETITION REC'D JAN 18 2011 e13ct tc NAME OF PETITIONER: LONER: Dan A. Cole Date: 18 January 2011 Residence Ph: 966 -9229 ADDRESS: P.O. Box 630, Keaau, Hawaii 96749 Business Ph: N/A STATEMENT OF THE NATURE OF PETITIONER'S INTEREST, INCLUDING REASONS FOR THE SUBMISSION OF THE PETITION: This Petition is submitted in accordance with United States Code 18 U.S.C. 4 Misprision of felony to violations of 18 U.S.C. 241 Conspiricy against rights, and 18 U.S.C. 242 Deprivation of rights under the color of law, RE: State & Federal Constitutional rights to petition the govemment in redress of grevances. SPECIFIC PROVISION ON THE CODE OF ETHICS IN QUESTION: Section 2- 83(a)(3) All persons shall be treated la a courtous, fair, and impartial manner. Section 2 -83(b) No officer or employee shall use or attempt to use the officer's or employee's official position to secure or grant unwarrented privileges, advantages, .... COMPLETE STA'T'EMENT OF FACTS: Hawaii County Board of Ethics Chairman John Dill conspired with Corporation Counsel Lincoln S.T. Ashida to deprive a person of their State and Federal Constitutional rights thought violations of HRS 707 -764 Extortion (1 )(e)(f)(h)(i)(k), (continued) STATEMENT OF THE POSITION OR CONTENTION OF THE PETITIONER: The Petioner demands that his State and Federal Constitutional rights be restored and a formal hearing of the Board of Ethics conviened. ec--Z Pe ' loner's Signature ANY PETITION THAT DOES NOT SUBSTANTIALLY COMPLY WITH THE FOREGOING REQUIREMENTS MAY BE REJECTED. IN ADDITION, THE BOARD MAY, FOR GOOD CAUSE, REJECT ANY PETITION. IF THE PETITIONER IS THE PERSON WITH THE ETHICS PROBLEM, PLEASE COMPLETE THE FOLLOWING: I, Dan A. Cole , DO HEREBY REQUEST AN OPEN / - HEARING. Sill re Hawaii County is an Equal Opportunity Provider and Employer PE1T110 1.40 yet . S : O C' NA ,;;� BOARD OF ETHIC, -;. .RE 101 Aupuni Street, Suite 325, Hilo, Hawaiii4167 ET. ilia ace � � - tit OM* PETITION REC'D JAN 18 2011 e NAME OF PEIT11ONER: Dan A. Cole Date: 18 January 2011 Residence Ph: 966 -9229 ADDRESS: P.O. Box 630, Keaau, Hawaii 96749 Business Ph: N/A STATEMENT OF THE NATURE OF PEITIIONER'S INTEREST, INCLUDING REASONS FOR THE SUBMISSION OF THE PET HION: This Petition is submitted in accordance with United States Code 18 U.S.C. 4 Misprision of felony to violations of 18 U.S.C. 241 Conspiricy against rights, and 18 U.S.C. 242 Deprivation of rights under the color of law, RE: State & Federal Constitutional rights to petition the government in redress of grevances. SPECIFIC PROVISION ON THE CODE OF ETHICS IN QUESTION: Section 2- 83(a)(3) All persons shall be treated is a courtous, fair, and impartial manner. Section 2 -83(b) No officer or employee shall use or attempt to use the officer's or employee's official position to secure or grant unwarrented privileges, advantages, .... COMPLETE STATEMENT OF FACTS: Corporation Counsel Lincoln S.T. Ashida conspried with Hawaii County Board of Ethics Chairman John Dill to deprive a person of their State and Federal Constitutional rights thought violations of HRS 707 -764 Extortion (1)(e)(f)(h)(i)(k), (continued) STATEMENT OF THE POSITION OR CONTENTION OF THE PETITIONER: The Petioner demands that his State and Federal Constitutional rights be restored and a formal hearing of the Board of Ethics conviened. �/. e-e P tioner's Signature • ANY PETITION THAT DOES NOT SUBSTANTIALLY COMPLY WITH THE FOREGOING REQUIREMENTS MAY BE REJECTED. IN ADDITION, THE BOARD MAY, FOR GOOD CAUSE, REJECT ANY PETITION. IF THE PETITIONER IS THE PERSON WITH THE ETHICS PROBLEM, PLEASE COMPLETE THE FOLLOWING: I, Dan A. Cole , DO HEREBY REQUEST AN OPEN i am HEARING. ature Hawaii County is an Equal Opportunity Provider and Employer PE1 n itPl` THE CORPORATION CObasit HILO LAGOON CmTR$ ��- 101 AtJP�AIt ET STE 321 it ; ;�, BOARD OF ETHICS o HI 014726 w ` 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 RECD JAN 27 2011 PETTTION 171,91,1k/ NAME OF PE'i11IONER: Dan A. Cole Date: 27 January 2011 Residence Ph: 966 -9229 ADDRESS: P.O. Box 630, Keaau, Hawaii 96749 Business Ph: N/A STATEMENT OF THE NATURE OF PETITIONER'S INTEREST, INCLUDING REASONS FOR THE SUBMISSION OF THE PE'ITI'ION: This Petition is submitted in accordance with United States Code 18 U.S.C. 4 Misprision of felony to violations of 18 U.S.C. 241 Conspiricy against rights, and 18 U.S.C. 242 Deprivation of rights under the color of law, RE: State & Federal Constitutional rights and freedoms to petition the govemment in redress of grevance. • SPECIFIC PROVISION ON THE CODE OF ETHICS IN QUESTION: Section 2- 83(a)(3) All persons shall be treated in a courtous, fair, and impartial manner. Section 2 -83(b) No officer or employee shall use or attempt to use the officer's or employee's official position to secure or grant unwarrented privieges, advantages... COMPLETE STATEMENT OF FACTS: Hawaii County Prosecuting Attorney Jay T. Kimura conspired with Corporate Counsel Lincoln S.T. Ashida to deprive a person of their State and Federal Constitutional rights and freedoms through violations of HRS 707 -764 Extortion (1)(e)... (continued) STATEMENT OF THE POSITION OR CONTENTION OF THE PEITHONER: The petioner demands that his state and Federal Counstitutional rights and freedoms be retored and a formal hearing of the Board of Ethics conviened. etitioner's Signature ANY PETITION THAT DOES NOT SUBSTANTIALLY COMPLY WITH THE FOREGOING REQUIREMENTS MAY BE REJECTED. IN ADDITION, THE BOARD MAY, FOR GOOD CAUSE, REJECT ANY PEfl hiON. IF THE PETIT TONER IS THE PERSON WITH THE ETHICS PROBLEM, PLEASE COMPLETE THE FOLLOWING: I, Dan A. Cole , DO HEREBY REQUEST AN OPEN / ( HEARING. Hawaii County is an Equal Opportunity Provider and Employer BOARD OF ETHICS, County of Hawaii ;I 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 AGENDA Wednesday, February 9, 2011 - 10:00 a.m. County Council Chambers 25 Aupuni Street Hilo, Hawai`i 96720 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE MINUTES OF THE JANUARY 12, 2011, MEETING (REGULAR SESSION) 4. NEW BUSINESS a. Petition No. 2011 -01: Initial review of petition alleging that an officer conspired to deprive Petitioner of his constitutional rights, in violation of Sections 2- 83(a)(3) and 2 -83(b) of the Hawai`i County Code of Ethics. b. Petition No. 2011 -02: Initial review of petition alleging that an officer conspired to deprive Petitioner of his constitutional rights, in violation of Sections 2- 83(a)(3) and 2 -83(b) of the Hawai`i County Code of Ethics. c. Petition No. 2011 -04: Initial review of petition alleging that an officer conspired to deprive Petitioner of his constitutional rights, in violation of Sections 2- 83(a)(3) and 2 -83(b) of the Hawai`i County Code of Ethics. d. Petition No. 2011 -05: Initial review of petition alleging that an officer conspired to deprive Petitioner of his constitutional rights, in violation of Sections 2- 83(a)(3) and 2 -83(b) of the Hawai`i County Code of Ethics. e. Petition No. 2011 -06: Former employee's request for an informal advisory opinion on whether the former employee may work at a law firm which has clients having business with the County and in particular the County Council. 5 UNFINISHED BUSINESS a. Petition No. 2010 -11: Further initial review of petition questioning whether an officer had a conflict of interest when voting on Bill 283, and whether statements made by the officer caused the officer to violate financial disclosure requirements. 6. EXECUTIVE SESSION With reference to the agenda items listed below, one or more executive meetings are anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or disciplining of an officer or employee of the County of Hawai`i, where considerations of matters affecting privacy will be involved. The Board may also consult with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Therefore, pursuant to Hawaii Revised Statutes ( "HRS ") Sections 92- 5(a)(2), 92- 5(a)(4), and 92- 6(a)(2), the following items may be considered in Executive Session. a. Approval of the minutes of the January 12, 2011, meeting (Executive Session). b. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(d), Hawaii County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: Board, Commission, Name Position or Department 1 Bernard Balsis, Jr. Member Board of Ethics 2 Lani Bowman Commissioner Leeward Planning Commission 3 Harold Bugado Member Workforce Investment Board 4 Gene Carvalho Commissioner Liquor Commission 5 John E. K. Dill Chair Board of Ethics 6 Kim Dillman Vice Chair Board of Appeals 7 John J. Fernandez Vice Chair Transportation Commission 8 Charlene Hart Member Board of Appeals 9 David Heaukulani Vice Chair Board of Ethics 10 Greg Henkel Commissioner Fire Commission 11 Wayne K. Iokepa Commissioner Leeward Planning Commission 12 Kenneth Kaneshiro Member Water Board 13 Billie Keawekane -Beere Commissioner Transportation Commission 14 James R. Kennedy Vice Chair Workforce Investment Board 15 Bruce A. Lim Commissioner Environmental Management Commission 16 Karen T. Maedo Member Board of Appeals 17 Robert Meierdiercks Vice Chair Water Board 18 Gerald E. Perkins Chair Salary Commission 19 Joseph Reynolds Member Water Board 20 Kenneth M. Rowe Member Merit Appeals Board 21 Garrett E. Smith Program Manager Planning Department 22 Leroy J. Victorine Vice Chair Police Commission 23 Sherman Warner Commissioner Environmental Management Commission 24 Rodney Watanabe Member Board of Appeals 25 Dwayne D. Yoshina Member Board of Appeals 2 ■ 7. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for March 9, 2011, at 10:00 a.m. at 101 Aupuni Street, Suite 230, Hilo, Hawai`i 96720 (the conference room of the Department of Liquor Control). 8. ADJOURNMENT ill NOTE: If you require an accommodation or auxiliary aid and/or services to participate in this meeting (Le., sign language, interpreter, large print), please call 961 -8304, ext. 101). NOTICE TO LOBBYISTS If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist (Article 15, Section 2- 91.3(b), Hawaii County Code). A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six -month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." (Article 15, Section 2- 91.3(a)(6), Hawaii County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk - Council, 25 Aupuni Street, Hilo, Hawaii 96720. 3 P1✓ i`i'i10N NO_ REC'D FEB -3 2011 r *I ' BOARD OF ETHICS , Hawai` 101 Aupuni Street, Suite 325, Hilo, OF ii: f ,i►►� ,. i=1C O THE HA W / !IR° LAGOON CENTRE RATf�j t3D PETITION 101 AUr LUNI ST � S TE 3 POLO of . 98720 STS 2 NAME OF PETMONER: Dan A. Cole Date: 3 February 2011 Residence Ph: 966 -9229 ADDRESS: P.O. Box 630 Keaau, Hawaii 96749 Business Ph: N/A STATEMENT OF THE NATURE OF PE'H'!IONER'S INTEREST, INCLUDING REASONS FOR THE SUBMISSION OF THE PE'ITflON: This Petition is submitted in accordance with United States Code 18 U.S.C. 4 Misprision of Felony to violations of 18 U.S.C. 1344(2) Bank Fraud, RE: Hawaii County Charter. Chapter 6, Sections 6- 6.3(c)(e), in the offering of County of Hawaii Bond Anticipation Notes. SPECIFIC PROVISION ON THE CODE OF ETHICS IN QUESTION: Section 2-83 Fair Treatment, (b) No officer shall use or attempt to use the officer's official position to secure or grant unwarrented privileges, exemptions, advantages, contracts, or treatment, for oneself or others; COMPLETE STATEMENT OF FACTS: County Director of Finance Nancy E. Crawford, by offering solely to the Bank of Hawaii the purchase of Hawaii County General Obligation Bond Anticipation Notes, (attached hereto) provided unwarrented privileges, advantages, and treatment to Bank of Hawaii STATEMENT OF THE POSITION OR CONTENTION OF THE PETITIONER: This Peitition is submitted to insure compliance to the Hawaii County Code of Ethics Sec. 2- 83(b), and Sec.6- 63(c)(e) of the Hawaii County Charter 1 a P = i ;oiler's Signature ANY PETITION THAT DOES NOT SUBSTANTIALLY COMPLY WITH THE FOREGOING REQUIREMENTS MAY BE REJECTED. IN ADDITION, THE BOARD MAY, FOR GOOD CAUSE, REJECT ANY PETITION. IF THE PETITIONER IS THE PERSON WITH THE ETHICS PROBLEM, PLEASE COMPLETE THE FOLLOWING: I, Dan A. Cole , DO HEREBY REQUEST AN OPEN / CLOSED HEARING. SI,►Y - Hawaii County is an Equal Opportunity Provider and Employer © 0 py BOARD OF ETHICS, County of Hawai -_ _ = - 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 AGENDA Wednesday, March 9, 2011 - 10:00 a.m. 101 Aupuni Street, Room 230 (Department of Liquor Control Conference Room) Hilo, Hawaii 96720 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE MINUTES OF THE FEBRUARY 9, 2011, MEETING (REGULAR SESSION) 4. NEW BUSINESS a. Petition No. 2011 -07: Initial review of petition alleging that an officer, "by offering solely to the Bank of Hawai`i the purchase of Hawai`i County General Obligation Bond Anticipation Notes ... provided unwarranted privileges, advantages, and treatment to Bank of Hawai` i." b. Petition No. 2011 -08: Officer's request for an informal advisory opinion on whether the officer may sit on the National Interstate for Juvenile Board with the State of Hawai`i. 5 UNFINISHED BUSINESS a. Petition No. 2010 -11: Further initial review of petition questioning whether an officer had a conflict of interest when voting on Bill 283, and whether statements made by the officer caused the officer to violate financial disclosure requirements. 6. EXECUTIVE SESSION With reference to the agenda items listed below, one or more executive meetings are anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or disciplining of an officer or employee of the County of Hawaii, where considerations of matters affecting privacy will be involved. The Board may also consult with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Therefore, pursuant to Hawaii Revised Statutes ( "HRS ") Sections 92- 5(a)(2), 92- 5(a)(4), and 92- 6(a)(2), the following items may be considered in Executive Session. a. Approval of the minutes of the February 9, 2011, meeting (Executive Session). b. Review draft informal advisory opinion regarding Petition 2011 -06, requested by a former employee on whether the former employee may work at a law firm which has clients having business with the County and in particular the County Council. c. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(d), Hawaii County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: Board, Commission, Name Position or Department 1 Daryn Arai Program Manager Planning Department 2 Dean Au Commissioner Windward Planning Commission 3 Bernard Balsis, Jr.* Member Board of Ethics 4 Stanley Boren Commissioner Environmental Management Commission 5 Brian De Lima Member Merit Appeals Board 6 David Greenwell Member Water Board 7 Charlene Hart* Member Board of Appeals 8 David Heaukulani* Member Board of Ethics 9 Alison Lee Member Workforce Investment Board 10 Donn Mende Commissioner Police Commission 11 Amos Meyers, Jr. Chair Transportation Commission 12 Dwayne Mukai Chair Water Board 13 Stephen Ono Commissioner Windward Planning Commission 14 Michael Sumja Commissioner Police Commission 15 Arthur Taniguchi Member Water Board 16 Sherman Warner* Commissioner Environmental Management Commission *Re- review 7. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for April 13, 2011, at 10:00 a.m. at the County Council chambers at 25 Aupuni Street, Hilo, Hawaii 96720. 8. ADJOURNMENT 2 1:3 NOTE: If you require an accommodation or auxiliary aid and/or services to participate in this meeting (i.e., sign language, interpreter, large print), please call 961 -8304, ext. 101). NOTICE TO LOBBYISTS If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist (Article 15, Section 2- 91.3(b), Hawaii County Code). A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six -month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." (Article 15, Section 2- 91.3(a)(6), Hawaii County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk - Council, 25 Aupuni Street, Hilo, Hawaii 96720. 3 4 ,A.,,% BOARD OF ETHICS, County of Hawa 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961 -8251 NOTICE OF CANCELLATION OF MEETING The Board of Ethics meeting of April 13, 2011, has been cancelled due to lack of a quorum. The next meeting is scheduled for: Date: May 11, 2011 Time: 10:00 a.m. Place: County Council Chambers 25 Aupuni Street Hilo, Hawaii 96720 For further information, please contact the Board's secretary, Mary Crosson, at 961 -8251 or via email at mcrosson @co.hawaii.hi.us. Hawai'i County is an Equal Opportunity Provider and Employer r '' BOARD OF ETHICS, County of Hawaii --�— �1 101 Aupuni Street, Suite 325, Hilo, Hawai'i 96720 AGENDA Wednesday, May 11, 2011 - 10:00 a.m. . County Council Chambers z s 25 Aupuni Street • r�• Hilo, Hawai`i 96720 - CALL TO ORDER STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS APPROVAL OF THE MINUTES OF THE MARCH 9, 2011, MEETING (REGULAR SESSION) COMMUNICATIONS: 4/20/11 letter from Mayor Kenoi to the County Council, nominating Glen Hisashima to serve on the Board of Ethics. NEW BUSINESS a. Petition No. 2011 -08: Officer's request for an informal advisory opinion on whether the officer may sit on a State of Hawai`i board. b. Counsel's report regarding matters and /or inquiries received by the Board, including: (1) Gifts Disclosure Statement received from a member of the Workforce investment Board. UNFINISHED BUSINESS a. Petition No. 2010 -11: Review draft order dismissing the petition, which questioned whether an officer had a conflict of interest when voting on Bill 283, and whether statements made by the officer caused the officer to violate financial disclosure requirements. b. Petition No. 2011 -07: Further initial review of petition alleging that an officer, "by offering solely to the Bank of Hawai`i the purchase of Hawai`i County General Obligation Bond Anticipation Notes ... provided unwarranted privileges, advantages, and treatment to Bank of Hawai`i." c. Petition No. 2010 -10: Formal hearing on petition alleging that an officer did not treat petitioner in a "courteous, fair and impartial manner" at Petitioner's confirmation hearing. - Respondent's motion to dismiss complaint and petition, dated 2/26/11 - Respondent's supplemental memorandum in support of motion to dismiss complaint and petition, dated 4/29/11 7. EXECUTIVE SESSION With reference to the agenda items listed below, one or more executive meetings are anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or disciplining of an officer or employee of the County of Hawaii, where considerations of matters affecting privacy will be involved. The Board may also consult with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Therefore, pursuant to Ilawai`i Revised Statutes ( "HRS ") Sections 92- 5(a)(2), 92- 5(a)(4), and 92- 6(a)(2), the following items may be considered in Executive Session. a. Approval of the minutes of the March 9, 2011, meeting (Executive Session). b. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(d), Hawai`i County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: Board, Commission, Name Position or Department 1 Ioana Agasa Commissioner Liquor Commission 2 Greg Henkel Commissioner Fire Commission 3 Michelle Kualii Commissioner Police Commission 4 Bryan Lindsey Member Water Board 5 Alison Lee* Member Workforce Investment Board 6 George Martin Member Workforce Investment Board 7 Donn Mende* Commissioner Police Commission 8 Gary Sirman , Member Workforce Investment Board *Re- review 8. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for June 8, 2011, at 10:00 a.m. in Room 145 at the Hilo Lagoon Centre, 101 Aupuni Street, Hilo, Hawaii 96720. 2 9. ADJOURNMENT r 9 NOTE: If you require an accommodation or auxiliary aid and/or services to participate in this meeting (i. e., sign language, interpreter, large print), please call 961 -8304, ext. 101). NOTICE TO LOBBYISTS If you are a lobbyist, you must register with the Hawai'i County Clerk within five days of becoming a lobbyist (Article 15, Section 2- 91.3(b), Hawaii County Code). A lobbyist means any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six -month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." (Article 15, Section 2- 91.3(a)(6), Hawaii County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk- Council, 25 Aupuni Street, Hilo, Hawaii 96720. 3 1 ,................ ,,....---..... rEnliON MI ,_, ( BOARD OF Ellii CS _ .. -at, 1 11. - "'-- - - - - ___ 101 Aupwail Sheet, Sufte 325, Hilo, Haven 95720 1 _ rii 2 rO 1 , MillON - -- I-7i-- _• ..::Ts C NAME ORMInioNER: Dan A - Cole Daft 4 May 009 Residence Ph: 966-9229 ADDRESS: P.0. Box 630 Keaau, Hawaii 96749 Rositne ssPir_ jail= SUTEMENT OF THE NATO:M(1F PETITIONER'S MEREST, WailDOTO REASONS FOR. THE SUBMISSION OF THE MUM This Petition' is submitted for the urpose of exposing organized government cornoion - in the Hawaii County Government in viohition of State and Federal Rackeseering Influence and Organizations Act, (RICO), That placed the Geneml Welfire of the People of Hawaii in jeopardy. -. i -- - - &MOM PROVISION THE Cdilt MRCS INQUESTION: ._ ! Code of Ethics Section 2-84 Conflict of interest - COMPLETE STATEMThir OFFACTS: , Corporation Counsel Ashida did authorize' the Legal Opinion requested by, and mociorod to the Hawaii County Police Department, to take 'No Action' on a Criminal Coroplaint' , I filed : , y: ri , , him - - if - *j:' • $1 ' i• 4 0 ii INtIF it 1 ' - iiii - --- iv: • ----,-______ - -- - Corpotation Counsel Asbida's adiOnS were for the purpose to binder prosecution that would eggthse organized government corruption in the County offrawaik and his roll organization , ■ Petitione s Signature ANY 1 THAT DOES NOT SUBSTANTIALLY COMPLY WITH THE FOREGOING REQUIREMENTS MAY BE REEIcIED- INADDIIION, IBE BOARD MAY, FOR. GOOD CAUSE, RFJECT ANY PEMIDN_ W IBE PRIMMER'S MB PERSON WITITIBE BMWS PROBLEK PLEASE COlkeLETE TEE FOLLOWING: I, hs,oio DOHEREBYREQUEsTANO i , , , •-- 4, IN t ragustme , flame County Is an Equal Oppostumiy Pmvld 0 r and Employer 1 i , -. -, ■ � � iAt BOARD OF ETHICS, County of Hawaii J i ff � -101 Aupuni Street, Suite 325, Hilo, Hawai 9 96720 • AGENDA* Wednesday, June 10, 2009 — 10:00 -a.m. " 333 Kilauea Avenue, 2" Floor '. (County Council Chai tbers) - Hilo, Hawaii 96720 1. CALL TO ORDER • 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS o 3. APPROVAL OF MINUTES - 00 0 -� 0 - Minutes of the April 8, 2009, Regular Session. ■ "' Minutes of the April 8, 2009, Executive Session. - =' ''o N * j' 4. COMMUNICATIONS - c There are no new communications. 5. NEW BUSINESS a. Petition No. 2009 -2: Petition alleges that a County officer or employee 'violated Section 2 -83 of the Ethics Code (fair treatment) by stating to a newspaper reporter that the petitioner was "whacky." b. Petition No. 2009 -3: Petition alleges that a County officer or employee violated Section 2 -84 of the Ethics Code (conflicts of interest) by rendering a legal opinion • to the Police Department to take no action on a criminal complaint filed against him. . c. Petition No. 2009 -4: Petition alleges that a County officer or employee violated Section 2 -84 of the Ethics Code (conflicts of interest) by rendering legal opinions to the Board of Ethics on April 8, 2009. 6. UNFINISHED. BUSINESS Ongoing discussion on the Sunshine Law. 7. EXECUTIVE SESSION (closed to the public) a. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(d), Hawaii i County Code, by County board and commission members and . designated County employees, where personal matters will be reviewed