2007-10-10 Board of Ethics Minutes mc

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CHAIR: Thank you. WHITMORE: Ina nutshell, I am self - employed. I run a one person consulting firm and have for the last couple of years, and one of my contracts for the last over a year, has been with the Hawaii Alliance for Community -Based Economic Development, as part of a contract they have with the Hawaii County Department of Research and Development to facilitate the development of some grassroots leadership development programs for leaders in this County. And it's actually through that work that I've gotten to know several people throughout the County and applied for a position with the Planning Department, actually before I initiated my work with HACBED, the nonprofit that I have a contract with. And I think it was over a year after I originally submitted my application to the Planning Department, they had a position a Planner V position open and they interviewed me for it and offered me the position in June. At the time, I raised the issue with Chris Yuen, the Planning Director, about whether or not there'd be any conflict of interest or other issues surrounding the fact that I'd be employed by the County as a planner and be working not have a contract with the County, but working on a project with a County department as part of the contract I have with the nonprofit organization, which then in turn has a contract with a County department. At the time, Chris didn't think there was any issue. We talked about it further with Jane Testa, the director of the Department of Research and Development, and together we kind of well, it wouldn't hurt, it might be best to bring this before the Board of Ethics to make sure that there is no conflict of interest. There are really two issues, with my reading of the Code of Ethics. There are two sections that are potentially impacted with the situation. One is section 2- 84(a)(2), conflict of interest, and the other is 2- 85(a), contracts. In my reading of both, particularly with the conflict of interest section, I don't see any conflict because as a planner, I will not be dealing with any of the specifically, I will not be taking official action directly affecting the contract I have with HACBED, which is part of the work (inaudible) with the County. Regarding section 2- 85(a), which is regarding contracts, I don't have a contract directly with a County agency, although it's clear, if you review the contract I have with HACBED, it's clear most of my work is focused on work that HACBED has with the County. There's some shady, gray area therein terms of whether or not money is passing through the nonprofit to me (inaudible) direct relationship with the County or not. It's really seen as a three -way partnership between myself and HACBED, and the Department of Research and Development. The three of us work pretty closely together on this project, but my legal relationship is with the nonprofit and not with the County. So I guess I'm asking for an informal advisory opinion of the Board of Ethics on whether or not, in either of these two cases or potentially any others you may see, there is a potential violation of the Code of Ethics. CHAIR: I have — L UM.- - -I have a question. CHAIR: I have a couple of questions. L UM.- Oh, okay, go ahead. CHAIR: Do you do any grant writing? 19