Petition 2021-01 - Informal Advisory Opinion (06-09-21)

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11. Hawai'i County Code Section 2-83(b), Fair Treatment, states, in the relevant part: "(b) No officer or employee shall use or attempt to use the officer's or employee's official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, treatment, for oneself or others" 12. At the April 12, 2021 hearing, Board Member Self asked Respondent, "if your name had not been listed as a reference, would your vote have been the same?" Respondent answered, "yes." 13. Pursuant to the Hawaii County Charter, the Council had the authority to confirm Director Rodenhurst's appointment as Director of the Department of Public Works. 14. Based on the evidence presented, the Board finds that Respondent did not violate Hawai'i County Code Section 2-83 by voting to confirm Director Rodenhurst because Respondent was one of five Council Members that acted within their authority to confirm Director Rodenhurst for the position of Director of the Department of Public Works. 15. Board Member Amy Self moved that the Board deny the Petition. Board Member Nakanishi seconded the motion. Board Chair David Wiseman and Board members Amy Self, and Denise Nakanishi, voted in favor of the motion. Vice Chair Heitz opposed the motion. The motion passed 3-1. CONCLUSION OF LAW Based upon the evidence presented and the Board's review of the Hawai'i County Charter, the Hawai'i County Code, and the Board's Rules of Practice and Procedure, the Board finds and concludes that Respondent did not violate Hawaii County Code Section 2-83 by voting to confirm Director Rodenhurst because he was acting within his authority as a member of Council. Thus, Director Rodenhurst's confirmation was not unwarranted.