2005-11-09 Board of Ethics Minutes Regular mc

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authority, whether it's before the tax adjudication board or the liquor commission, or planning commission, board of appeals, or whatever, I would assume that—if I understand what your counsel has advised is that those would all fall under quote, unquote, the category of a lobbyist. And likewise before the County Council, because there's the discretion, that the County can say yes or no on an application, as distinguished from like the subdivision or building permits or plan approval, where Council has indicated they're pretty much checklisted and CHAIR: -- ministerial function FUKE: - -so if that's the Board's position, and again it's a question of how these things really work, because it's a little convoluted and I'm really trying to fill out . While you were talking on the other matter, I was just kind of reviewing this thing here, and I have some questions, and so CHAIR: - -what is that, the lobbyist registration form? FUKE: The lobbyist registration form, and also like the clarity of the by your counsel. So I guess I have several questions. First is like —would this be retroactive, where subsequent to the Board's making an opinion, for example, and assuming that you go along with your counsel's opinion that it would be retroactive wherein like all existing applications that we already have on file, that are before the commissions and boards, or what we have— CHAIR: That's a good question. Shall we address that, could we address that? You understand the question? If we buy her logic, which is a clarification which doesn't give you too much heartburn, essentially, but then the question is, at what point do we start to implement this? There's another issue there, and that's the exemption of attorneys, right, so what about that? I guess the first question is, do we support the clarification? Is there discussion from the members of the Board on that? Agree, disagree, opinion, on what she's written? KI: Okay, according to this lobbyist registration under Hawaii County Code Section 2 -91.3, for my level of discussion and information, to me it's pretty clear, I think. Whether it should be retroactive, that I don't know. PKO: Is it retroactive is still pending. CHAIR: Wayne, any thoughts on that? The first point, do you generally agree with the clarification of the code, the law, do you agree with that? WJ: Well it's vague in some areas. And if you look at this— CHAIR: I've never seen that. PKO: That's the form from upstairs. 13