2008-01-09 Board of Ethics Minutes Regular Session

Home

encouraged everyone to work together, see what the Council has to say, and work harmoniously with them. The Chair asked Kenneth Goodenow, the Deputy County Clerk, if he had anything to add. Mr. Goodenow said that Ms. Ford was concerned about safeguards for due process. He strongly encouraged the Board to attend the next Council meeting to provide input. He said the Council members would appreciate that. The Chair said the problem is in not knowing what time the matter would actually come up on the agenda, and Mr. Ashida confirmed that even though it may be scheduled for the morning, it might not be heard until the late afternoon. Mr. Goodenow said that a Board member does not have to be present, but he would strongly encourage someone to be there, to provide more insight for the Council members and explain the Board's thinking behind the bill. Mr. Ashida said he would get information on a recent amendment to State law which prohibits candidates' photographs in political ads which are paid for with state, county, or federal funds, from the time a candidate files for office to one day after the election. A candidate could legally wait until the deadline to file and continue to have his picture in the paper until then. The Chair said he would like to understand what determines the official date that a candidate is running for office. Some candidates have announced they are running for office, but the paperwork to file is not available until a much later date. Mr. Ashida said that with the Campaign Spending Commission, the official date a candidate is running is at the time of announcement. Katherine Garson, a deputy corporation counsel present, said that the official date with the Campaign Spending Commission is at the time of announcement or when a contribution of over a hundred dollars is accepted. Mr. Ashida said it is complicated, as different agencies have different rules. The Campaign Spending Commission has rules, and the State Ethics Commission also has rules. He said that Levi Hookano found a great opinion that brought him closer to the center. The Chair asked Mr. Hookano when he discovered that opinion, and Mr. Hookano said about four days ago. The Chair said he would like to be able to read it. The Chair moved the meeting on to agenda item d. d. Further review and discussion on the Rules of Practice and Procedure of the Board of Ethics. The Chair noted that this matter was discussed and voted on at the last meeting. Mr. Ashida explained that the Board needs to notice a public hearing under Chapter 91 of the Hawaii Revised Statutes. The notice needs to be printed in the paper at least 30 days prior to the meeting, which would be hard to accomplish by the Board's next meeting on February 13, 2008. 11