2005-11-09 Board of Ethics Minutes Regular mc

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CHAIR: Aye. . Petition 2005 -07, . Moving right along, Petition 2005 -06, update on David Kimo Frankel's petition seeking a decision regarding interpretation of the law as it relates to financial disclosure forms. The issue was, what about the spouse registering, and we have gotten clarification on that? BLT: Okay, I have brought for your review three pieces of paper that I handed out. The first one is the Hawaii Revised Statutes, Section 84 -17, and it's high- lighted— CHAIR: -- crystal clear BLT: - -the language that specifically requires spouse and dependent children. CHAIR: State law. BLT: And that's State law. And then I provided the Hawaii County Code, which does not have that language that says that you put down your spouse and dependent children. And also, the third page is showing that in reporting gifts under the County Code, it does mention the spouse or dependent child, but on the financial disclosure, it does not mention them, and when you read the statutes, the fact that they did not put the language referring to a spouse and dependent child in the section on financial disclosure means that it's not required. And then I think you also look at the fact that much of the County Ethics Code has been based on the State, and there was obviously a conscious decision made when it was adopted by the County Council to leave out the requirement that you had to disclose your spouse and dependent children. CHAIR: So with that in mind, do we—as a Board, do we feel like we should be consistent on that matter as well, with the State law and make an informal advisory opinion that we revisit that legislation? BLT: Well the first question is that you have to make a decision on Mr. Frankel's petition. And the question is, does the Hawaii County Code require that you disclose your spouse and dependent child's financial CHAIR: - -and the answer is no. BLT: Okay. And then after you make that motion and make a decision on his petition, then if you want to further make a proposal, I think you'd probably have to put it on your next agenda for a decision making a proposal to suggest an amendment to the County Code. CHAIR: Any discussion or opinions or advice or thoughts on what she just described? First things first. The County Code, would it be appropriate to Mr Frankel a motion, communication informing him that there is no requirement according to the current County Code? If so, is there a motion to 20