2006-12-13 Board of Ethics Minutes Regular Session

Home

Board of Ethics Minutes - Regular Session December 13, 2006 BLT: I think the concern was that there had been impeachment proceedings made against council members and none of the people that signed the petition were even in the district that had elected them, so it was people trying to get rid of them who didn't live in their district. AL: And had never voted for them. BLT: Usually it was the marijuana, an issue that in their district that was not an issue. There was some concern and that had some of the rationale behind those changes. Some people would be truly offended if, not only was it more difficult to seek impeachment, but once you got to court someone raised the argument that you don't have jurisdiction. AL: Yeah, that's what I am concerned about. Somebody could say that "It's really sloppy here, you don't have jurisdiction over any of it" then they say who does. Well, if circuit court doesn't have it then who does? BLT: I think that on the state level an impeachment proceeding of the Governor is handled in the state legislature, not in the courts. AL: The governor... BLT: Normally an impeachment in a legislative type of a scheme is something that is done by the membership of the body or by the legislature of the elected official. In this case, one where the electorate drafted and approved of, the charter decided that they wanted it in the hands of a judge as opposed to in the hands of the other council members. When you try to impeach all nine (council members), which has happened before, obviously they can't sit in on their own impeachment. AL: Well, I think this is something that we should support. BLT: Basically, what you would be doing is authorizing your chairman to send a letter on behalf of the board supporting the legislation when it shows up. I would track it and when it came up for hearing I would prepare a letter for the chairman to submit saying that you have received communication from the Honolulu Ethics Commission and you support this amendment to the law to remove any ambiguity about jurisdiction. Motion and Vote: Ms. Lum made a motion that we support this effort by Honolulu Ethics Commission to clarify the circuit court jurisdiction over impeachment; Ms. Sharpless seconded the motion; all members voted aye, motion carried.