2008-09-03 Board of Ethics Minutes Regular Session

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NICHOLSON: I'm opposed. CHAIR: Opposed, okay. Okay, Ms. Naeole, thank you for taking your time out of your busy schedule. NAEOLE: Thank you, mahalo. CHAIR: Aloha. Okay, we can move down to New Business, Item Sb, review of Gift Disclosure Statements received from Councilmembers Brenda Ford, Emily Naeole, K. Angel Pilago, and J Yoshimoto. b. Review of Gift Disclosure Statements received from Councilmembers Brenda Ford, Emily Naeole, K. Angel Pilago, and J Yoshimoto. The three gift disclosures were reviewed. Motion and vote: Ms. Lum moved to accept and file the gift disclosures. Ms. Nicholson seconded the motion, and all members voted aye. 6. UNFINISHED BUSINESS a. Report from counsel on an amendment to Section 2 -85(b) of the Hawaii County Code (the Ethics Code) regarding the prohibition of contracting with former employees and retirees. The Board members discussed how the wording of this section of the Code did not make sense. Ms. Schoen said that the intention of it is to prohibit the County from entering into a contract with a person or business that is assisted by a former County employee if that person, while a County employee or officer, had anything to do with the subject of the contract, and was an employee or officer for the preceding two years. Ms. Schoen explained that she looked for a similar section in the codes of the other counties without success. Her interpretation is that the other counties don't have it because the same subject is covered under the post - employment section of the Ethics Code. - Ms. Lum remarked that Section 2 -85(b) did not make sense regardless of whether the missing "is" was there or not. Ms. Schoen said that the Board did not need to affirmatively do something about the wording. The matter came up because Councilmember Ford had questioned the conflicting nature of the two provisions when the Council discussed the issue of whether or not the County, may hire former employees. Section 2 -85 seems to say the County cannot, and Section 2 -91 seems to say it can. The Council mentioned the conflicting wording to Lincoln Ashida. 17