2008-09-03 Board of Ethics Minutes Regular Session

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CHAIR: Yeah, I think you touched on it. A phone message is a one -way conversation, and once it's received by the person that it's intended to, it gets interpreted a certain way rather than in a surrounding like this. LUM: So in —so John, let me understand what you're saying, is —if it's in this official motion, you feel it takes on a different strength? CHAIR: Well, I don't think we should be —in our motion, I don't think we should be specifying, since it was in a private conversation, it therefore it becomes a violation. I think Marilyn hit it on the nose, it's a violation or it's not a violation, no matter where it is. The reason why I brought it up is just because that's- LUM: - -that is her telephone message. CHAIR: And I don't want to blow this out to something bigger than it's not. Ms. Naeole is a busy woman, and she's —she really is trying to do what's best for her community, and I don't want to hamper her with our opinions, and I don't want to at the same token hamper a private citizen from feeling that they shouldn't testify because they're worried about getting repercussions. Can you read back the motion? I'm sorry, Mary. LUM: As it's standing now, okay I'll- SECRETARY: The first one that she made, you mean? LUM: No, the one we have— CHAIR: -- Whatever is- NICHOLSON: - -The current one. LUM: The current one is the one without the language. SECRETARY: I can't even find it now. L UM: I have it, if you need me to. It ends after June 18`h. SECRETARY: Okay. I move that the Board find Ms. Naeole violated the Hawai `i County Code of Ethics, Section 2- 83(a)(3), which reads all persons shall be treated in a courteous, fair, and impartial manner, in her telephone message to Ms. Nahoopii on June 18, 2008. CHAIR: And we have a standing second, right, from- SCHOEN: Um hmm. CHAIR: Okay. Any other comments before we vote? UDOVIC: Comments from us? 14