2008-01-09 Board of Ethics Minutes Regular Session

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Motion and vote: Ms. Nicholson moved to approve spending funds from the Board of Ethics budget to print the Ethics Guide for Hawai `i County Officers and Employees, providing there is at least a thousand dollars remaining in the budget and the expenditure does not exceed $500. Ms. Malanka seconded the motion, and all members voted aye. b. Report on status of Board's request for a time limit for incumbents who are seeking reelection in an election year on sending campaign literature using County funds. The Chair asked Levi Hookano, who was present, if he wanted to address this issue. Mr. Hookano reported that the mail -outs issue should be heard at the next committee meeting later this month, on January 23, 2008. Mr. Ashida told the Board he would report back on the matter after that meeting. C. Report on status of Board's request for authority from the Council to fine officials and employees who violate the Code of Ethics. The Chair stated that the newspaper reported that the bill on this matter just passed at committee level yesterday, and Mr. Ashida said the committee had authorized up to a $1,000 fine. Mr. Ashida clarified that Councilmember Brenda Ford had voted against the bill because she was concerned about the need for criteria in the handing out of fines. She would like to see the establishment of such criteria, including how the Board will decide who gets fined and what the amount will be. He checked with the State Ethics Commission, which also has the authority to fine, but it has not fined anyone so far. If the bill passes the Council, the Board will need to go back to its rules and establish that criteria. Mr. Ashida explained that since the bill passed 8 to 1 yesterday, it will now proceed to the full Council for reading, presumably on January 24, 2008. It will go on the agenda as a bill for first reading, and there will be opportunity for discussion. He said that Ms. Ford was also concerned that no member of the Board of Ethics was present yesterday on the matter. Mr. Ashida said he assumes the bill will pass its first reading at Council on January 24, 2008, as it did not seem contentious. From the tone and content of the majority of the members at yesterday's committee meeting, they seemed to feel it was a good idea. This, however, could always change. If it passes on the 24th, it will go on to a second Council reading in February. After it passes the second reading, Council staff will transfer the bill to the Mayor, who has ten days to sign off on it, do nothing, or veto it. If the Mayor does nothing, the bill becomes law in ten days. Mr. Ashida said he will let the Mayor know the bill is coming down the pike. All things being equal and the bill passing, it may become law by mid to late February. Mr. Ashida said the Board is fully within its rights to move ahead on the informal advisory for the mail -outs issue, but there is a delicate political balance to be sensitive to. If the Council does not like the Board's opinion, they could change the underlying law. He 10