2008-02-13 Board of Ethics Minutes Regular Session

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NICHOLSON: I'd like to make a motion so that we can move forward, and I agree with Ms. Lum that it would be good to use the February 1 sr deadline, simply because the newspaper always prints who has pulled nomination papers, so there is an assumption that someone is at least interested in running at that point. So just for the purpose of moving ahead here, I would like to make a motion that we adopt the Section 11 -10, Hawai `i Revised Statutes, passed by the State Legislature, for —on this issue that we're discussing —with the difference that rather than from the time the candidate files nomination papers, it be from the date the nomination papers are available to the County. LUM: Are you just saying a candidate, or anybody? DILL: Well, technically, only an incumbent can be spending County funds. NICHOLSON: . Yes, any incumbent, from the time that the nomination papers are available in the County of Hawai `i. CHAIR: Can I get a second on that? LUM: Yes, second. CHAIR: Okay. LUM: Now, wait —let me clarify that was any incumbent on February Is`. NICHOLSON: Well, or from the date that the nomination papers are available. It may change in the future. LUM: Date nomination papers —okay. Okay, second. CHAIR: We have a motion and a second. Discussion? ASHIDA: Mr. Chairman, I have a comment on that, if I may. It sort of goes along with what Mr. Dill had suggested about the Ethics Board considering this issue, because when you act on matters like this, you sometimes inadvertently, sometimes unintentionally, touch other areas of County government, or thereof, what we call unintended consequences. If your motion, and what you're proposing to do is limited to incumbent County elected officials —let's use Mr. Yagong as an example, because he's here and he's been kind enough to let you know what happened in his situation —as you phrased it, come February I", he would be prohibited from running an ad where his picture occurs. That's what it says —he's an incumbent, elected County official- LUM: - -If he paid with public funds- ASHIDA: --paid with public funds. Assume you have just for the sake of argument, just for the sake of argument — assume you have —let's say Bruce McClure, because he's our Public Works Director. Now just say —he doesn't —but let's just say he lives in District One, and he wants to run against Mr. Yagong for that Council One district 28