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7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE <br />AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF <br />HAWAII. (11:49 a.m.) <br />11:49 a.m. a. Correspondence dated April 15, 2019 from Vice -Chair Goodenow. <br />Mr. Goodenow: We just need a motion to file at this point. The communication. <br />Get a motion to file. <br />Mr. Wiseman: So moved. <br />Mr. Goodenow: Can I get a second? <br />Mr. Robinson: Second. <br />Mr. Goodenow: Okay it's been moved and seconded. We'll have discussion and <br />let's just have our general discussion on this item. So you'll see... <br />This is like the third time that this has been on our agenda. These <br />revisions have received input from Corporation Counsel Amy Self, <br />who was at our meeting previously when this was initially <br />discussed. Again it was Corp. Counsel's opinion that we could go <br />ahead and request code amendments without the Charter being <br />amended necessarily. And so I'm asking that these revisions be <br />made. These revisions are solely limited in scope. And a little <br />background for our new Member. So back in 2008...1 believe. <br />The County Council passed an ordinance right...saying that the <br />Board of Ethics could issue fines. And a part of that bill says that <br />we need to amend the rules to allow us to do that. Well...after <br />reviewing the matter for quite some time, it appears that the code, <br />right...is a prohibition for us to do...to fine...because under the <br />code...it is the department not the Board of Ethics that has the <br />Chapter 91 hearing. And so what literally would happen is that, <br />the whole matter would be referred to the department after if we <br />found a violation...department would have a whole other hearing <br />and do all this. So I...proposals...I've included only address <br />that...it's to really clarify that no...it is the Board of Ethics that has <br />the Chapter 91 hearing...we have the fine and if they appeal that to <br />the Circuit Court...that's how it goes. It doesn't...there's not an <br />intermediary step that involves the department. So I would like us <br />to send a letter to the Council and recommend that they adopt these <br />changes. However, it was also brought up that any member can <br />submit any recommendations they have to amending the code if <br />they want to do something beyond this so. I don't know if anyone <br />has any proposals but this is the one that we've had...that we've <br />been working on the issue of the fine. <br />21 <br />