2008-04-09 Board of Ethics Minutes Regular Session

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Ms. Nicholson said they could recommend at the very least that the word "is" be inserted, but they could also recommend that the overall language be looked at and clarified. Ms. Schoen suggested that this matter be continued to the next meeting so that she could do more research and provide some suggestions. The Board members agreed to continue it to the next meeting for additional clarification. 6. UNFINISHED BUSINESS a. Report from counsel on the status of the Board's request for a time limit for incumbents who are seeking reelection in an election year on sending mail -outs using County funds. Ms. Schoen reported that the second reading of Bill 258 was on today's Council agenda. The Chair asked if it had been amended, to her knowledge, and Ms. Schoen said no. b. Report from counsel on whether the Board is allowed to make grammatical and typographical corrections to its Rules of Practice and Procedure without following the public hearing requirements of Section 91 -3 of the Hawai `i Revised Statutes. Ms. Schoen reported that she did find one case which said that if there were substantial changes to be made, a public hearing was required. However, while grammatical and typographical corrections may not seem substantial, a small missing word like "is," as discussed earlier, can make a big difference in meaning. She suggested that since they will need to amend their rules to implement the procedures to impose administrative fines, they make the grammatical and typographical corrections at that time, with proper notice-and hearing. In brief, if a change is not substantial it could be made without notice and hearing. However, out of an abundance of caution, her counsel would be to have the notice and hearing. She said that if a Board did make changes without acting in accordance with Section 91- 3, HRS, and it became questionable as to whether those changes were substantive, the rules would become invalid. So it would be better practice to follow HRS 91-3. c. Report from counsel on the status of Council Bill 209, relating to the imposition of administrative fines for violations of the County Code of Ethics (includes Communication 2008 -42, an email from Lincoln Ashida, Corporation Counsel). Ms. Schoen reported that Bill 209 was also on today's Council agenda, with a motion pending to approve Draft 3 of the bill. The hang -up appears to involve whether civil servants could have fines imposed upon them, or whether that would be double jeopardy, as civil servants come under tabor union contracts. Ms. Lum asked what a civil servant is, and Ms. Schoen replied that it is a person hired in accordance with civil service rules. She explained that not all employees are civil servants.