2008-11-12 Board of Ethics Minutes

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The Chair noted that paragraph 11 of the proposed Findings of Fact needed a correction. The Fire Chief testified that he had received comments regarding Mr. Perreira's professionalism, and they were all positive. The draft read that the Chief had not received any comments, concerns, or complaints about Mr. Perreira. Ms. Lum noted that on page 3, on the second line from the bottom, "Evidence" should not be capitalized. Ms. Schoen said another correction needed was for the spelling of Uncle Mikey's, was spelled incorrectly as Uncle Mickey's in several places. Motion and vote: Ms. Lum moved to accept the changes, Ms. Gentry seconded the motion, and all members voted aye. b. Communication No. 2008 -101: The High Road publication of the Hawai `i State Ethics Commission, October 2008. Motion and vote: Ms. Lum moved to accept and file the publication, with a comment that it contained a good test (regarding campaign activities and the State Ethics Code) for people to take the next time there is an election. Ms. Schoen said "that Lincoln Ashida, the Corporation Counsel, is good about sending out campaign restriction reminders each year. Ms. Nicholson seconded the motion, and all members voted aye. 5. NEW BUSINESS There was no new business. The Chair reminded everyone that their primary purpose for the meeting today was to discuss potential changes to the Board's rules. 6. UNFINISHED BUSINESS a. Discussion on amending the Board's Rules of Practice and Procedure regarding the imposition of administrative fines pursuant to Ordinance 08 -5 7. Ms. Schoen handed out an "ethics inquiry procedure" form she had drafted, in which she went through the Board's rules and tried to clearly set out the sequence of events which take place when a petition is filed. She had not yet reached the end stage, when a fine could be imposed after the issuance of a formal opinion. Ms. Schoen explained to new member Arthur Martin that the Board was trying to come up with a rule which would articulate the procedure by which it could impose an administrative fine. Earlier this year, the Council authorized the Board to impose an administrative fine upon a violation of the Ethics Code, but required the Board to set out rules so that the procedural due process requirements would be met. The due process requirements, set out by Hawaii statute, 2