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John Dill Page 3 September 14, 2009 The first problem is that HRS Sec. 46-1.5(24)(A) has been interpreted by some to mean that a county agency may impose a civil fine only when a) a violator has been found in violation, and b) the violator continues the violation without modifying the offending conduct. We agree with Honolulu Board of Ethics Executive Director Charles Totto that this interpretation renders the power to fine useless because violators can simply terminate the offending conduct in order to avoid any fine. The Legislature has had proposals before it in 2007, 2008 and 2009 to clarify this language to allow fines to be imposed when violations are first discovered, but the bills stalled. We understand the Hawai’i Board of Ethics voted in August to support the efforts of the Honolulu Board of Ethics in pressing for this reform. We plan to partner with both ethics boards to pursue this issue aggressively at the Legislature in 2010 to finally give the Board of Ethics the powers that the Hawai’i County Council intended. A related issue is that state law requires that when an offender is fined administratively, that offender must have an avenue by which he or she can appeal that fine. Under existing law, the county may be required to create what amounts to an appeals panel for the Board of Ethics to hear appeals of administrative fines imposed by the Board. This would be a cumbersome and little-used process. As an alternative, we would like to collaborate with the Hawai’i County Board of Ethics and the Honolulu Board of Ethics to lobby the Legislature to amend state law to explicitly state that appeals of administrative fines for ethics violations are made directly to Circuit Court. This will fulfill the requirement for a fair appeals process, and will avoid the need to create an entirely new county board to hear appeals cases. The Ethics Code serves as a guide for both employees and the public to encourage proper conduct, and it also helps define the community’s expectations for public employees. I believe these proposals will advance the Ethics Code in a way that promotes public confidence in county government, and fosters accountability. I welcome your suggestions and comments, and look forward to working closely with this board on these proposals in the weeks ahead as we advance this package for review by the County Council. Aloha, William P. Kenoi MAYOR County of Hawai`i is an Equal Opportunity Provider and Employer.