2008-09-03 Board of Ethics Minutes Regular Session

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Ms. Nicholson asked if the Board members were the appropriate ones to reword the Ethics Code, and Ms. Schoen explained that the Board is empowered to make recommendations to the Council for the Council to pass or not pass. Ms. Nicholson asked if this issue could be continued on the next agenda and requested that the questionable sections be sent to them, with proposals for revision, all on one sheet to make it easier to read and discuss. The Chair agreed and moved to the next item on the agenda. b. Discussion on amendments to the Board's Rules of Practice and Procedure regarding the imposition of administrative fines pursuant to Ordinance 08- 57. Ms. Schoen said that at the Board's prior meeting, she was asked to find out how the State Ethics commission updated its rules regarding this issue. Unfortunately, the State did not yet do so. She spoke to the Commission, and it has so far never levied a fine for a violation of the code and has not adopted rules to impose fines. They indicated they would probably follow the rules set out in Chapter 91 of the Hawaii Revised Statutes, regarding giving proper notice and allowing for a response, similar to the procedures for a contested case hearing. Due process requires a procedure of this type whenever a fine or penalty is to be imposed. Ms. Schoen said that the State Ethics Commission handles cases differently from the County Board of Ethics. They receive calls about violations, and then try to negotiate the matter with the individual to either pay back the amount at issue or provide restitution for the misconduct. The State has never had the opportunity to enforce the provision and instead tries to work out everything informally. Ms. Schoen said she could draft some rules herself and give it to the Board for review. The rules would have to follow the ordinance, which mandates meeting the requirements of Chapter 91 and Section 46 of the Hawaii Revised Statutes. Ms. Lum said they would also need guidelines to determine under what circumstances they would use their power to fine, since that was not specified in the ordinance. Ms. Schoen said she tried to look up the minutes when the Council discussed this matter, but they were not available. It was also not clear whether a fine would come after the formal opinion stage of a petition, and she needed to research that. The Board members agreed they wanted to move ahead on this matter, since they were granted the power to fine, and Ms. Lum said she would not want that ability at the informal level, but as a last resort for an important issue. The Chair asked if the Board's rules were subject to the approval of the Council. Ms. Schoen said when they want to propose rule changes, it needs to be published in the newspaper and the public invited to the meeting. The matter was continued to the next agenda. . C. Ongoing discussion on the Sunshine Law. Ms. Schoen had nothing to report on the Sunshine Law.