2008-01-09 Board of Ethics Minutes Regular Session

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The Chair instructed that it be placed on the Board's March agenda, as the February agenda is full. Mr. Ashida asked if the Board wanted to put together something in the announcement about the authority to issue fines, but the Chair said he wanted to wait until the Council passes the bill. Mr. Dill and Ms. Lum asked if the administrative fines issue should be continued on the March agenda, but the Chair said it need not be on the agenda and that he could just be reminded of the issue. e. Ongoing discussion on the Sunshine Law. Mr. Ashida said he had nothing new on the Sunshine Law to report. Ms. Lum said she had a question, prompted by a December article in West Hawai `i Today, that there is a new law having to do with the electronic filing of campaign reports. The law also "establishes a reporting deadline, as well as redefines contribution and expenditure to exclude an individual or committee engaging in online activities for an election." She wanted to know if that meant anything done online does not come under the rules. Mr. Ashida said he was not familiar with the law and could find out and report back. Mr. Dill said he needed clarification on the conflict -of- interest issue and what constitutes a conflict. He asked whether he would need to excuse himself from participating in a Board matter involving Councilmember Dominic Yagong, since Mr. Yagong nominated him for the Board and lives in the same district. Mr. Ashida said that Mr. Dill did not need to excuse himself unless he felt he could not be fair and objective. However, the situation would present a conflict for Mr. Ashida, because he represents Mr. Yagong and the Council, so special counsel would need to represent the Board. He said trying to work harmoniously in the County is the ticket. If things become adversarial, attorneys would need to make hard decisions, and matters would become expensive and cumbersome. Mr. Dill asked about whether State law overrides County law, and Mr. Ashida said it depends on the situation. Under the U.S. Constitution, all federal law is superior. The state law is generally superior and supersedes county law with the exception of items that fall within the Home Rule doctrine, wherein the State specifically delegates to the counties certain areas to make their own laws. Laws that come under the Home Rule doctrine are customarily germane only to a county, and the state should not interfere. Mr. Dill asked whether being from someone's district constitutes a conflict, and the Chair said in itself that would not be a conflict. If he contributed to Mr. Yagong's campaign, the situation might be different. If Mr. Yagong testifies at the February 13 meeting, however, it would be wise for Mr. Dill just to disclose that he lives in that district. It is just good to be open and let the public know. 12